McCanns launch fightback against Judges ruling

https://www.thesun.co.uk/news/2915314/madeleine-mccann-parents-kate-gerry-legal-battle-cop-goncalo-amaral/


(you might want a new thread for this latest batch, Mods)

Andrew wrote:https://www.thesun.co.uk/news/2915314/madeleine-mccann-parents-kate-gerry-legal-battle-cop-goncalo-amaral/


(you might want a new thread for this latest batch, Mods)

So it would seem that their complaint has nothing to do with Amaral but is aimed at the Judges' interpretation of the archival procedure.

That means that win or lose, they are still liable for the costs from the previous trial & appeals.

The document, drafted by the McCanns’ Portuguese lawyer Isabel Duarte and and her colleague Ricardo Correia, says: “The appellants understand the archiving of the case took place because during the inquiry, sufficient evidence had been collected to show the ‘arguidos’ had not committed any crime.”

In fact, that is NOT what the Portuguese Attorney General said in 2008.
Here is his statement:

https://hypocriteandliar.wordpress.com/tag/arguido/
PRESS RELEASE

I

By the dispatch of today’s date (21.07.2008 ) issued by the two magistrates of the Public Ministry competent in the case, it was decided that the inquiry relating to the disappearance of the minor Madeleine McCann will be archived due to insufficient proof of any crime having been perpetrated by the arguidos.

Big difference between what the McCanns are claiming - that sufficient evidence had been collected to prove they didn't commit a crime - and what the AG said - that there was insufficient evidence to prove they had commited a crime.

They will lose their complaint on the basis of that alone.

The McCanns have to keep fighting otherwise it they are accepting the Supreme Court's finding that they have not been proven innocent.

A truly innocent parent would accept that ruling because declarations of innocence or guilt would take a back seat to finding their missing child.

Then again, an innocent parent would never have wasted money on a court case in the first place.

Poe wrote:The McCanns have to keep fighting otherwise it they are accepting the Supreme Court's finding that they have not been proven innocent.

A truly innocent parent would accept that ruling because declarations of innocence or guilt would take a back seat to finding their missing child.

Then again, an innocent parent would never have wasted money on a court case in the first place.

  Well said Poe.

So these 2 articles are about 'nonsensical contradictions' in a roundabout way.

That's just another little subtle dig from them, IMO.

Like the others from last week they slipped in.

This is an interesting tweet that might be relevent to the Mccann's battle with the Supreme Court:

mariaccnr wrote:
‏@mariaccnr

Follow
More
#Culture
Three years in prison for crimes of defamation and libel against judges and magistrates.
#mccann do worst

https://www.publico.pt/2017/02/21/sociedade/noticia/supremo-rejeita-pedido-de-libertacao-da-bolseira-maria-de-lurdes-1762868

And a Google translation of the article
https://translate.google.co.uk/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=https%3A%2F%2Fwww.publico.pt%2F2017%2F02%2F21%2Fsociedade%2Fnoticia%2Fsupremo-rejeita-pedido-de-libertacao-da-bolseira-maria-de-lurdes-1762868&edit-text=&act=url
The Supreme Court last week rejected the petition for habeas corpus by Maria de Lurdes Rodrigues, a grantee who is serving three years in prison for crimes of defamation and libel against judges and magistrates.

The habeas corpus petition , sent by four members of the Madeira Legislative Assembly at the beginning of February, argued that "the penalty imposed is totally out of step with the seriousness of the crimes attributed to him and of which he was accused, and that his arrest results from A judicial error that translates into a violation of human rights ".

In a decision signed on February 15, the judges understood that "the unlawfulness of the imprisonment is not verified" and decided "to dismiss, as unfounded, the writ of habeas corpus requested by the citizens of the Autonomous Region of Madeira ... in favor of Maria of Lurdes Lopes Rodrigues ".

The case goes back to 1996, when Maria de Lourdes felt wronged for not having been awarded a scholarship by the Ministry of Culture. After challenging the scholarship process, the investigator challenged the actions of the judges involved in the proceedings, in a way that was considered insulting.

On 29 September 2016, after a lengthy appeal and rejection of the psychiatric treatment measure proposed to suspend the sentence, the grantee was detained and taken to the Tires Prison to serve the three-year sentence of Imprisonment for crimes of defamation and libel against judges and magistrates.

Raquel Coelho, a member of the Portuguese Labor Party in the Legislative Assembly of Madeira and one of the applicants for habeas corpus , was not surprised by the court's decision on this specific request, despite disagreeing with the view of the judges on the legality of the case. "We consider that her arrest violates the Constitution," he said in statements to the PUBLIC.

The regional deputy emphasizes that the request was filed as "the only option" to "try to humanize the Portuguese justice", considering the sentence of disproportionate arrest - it is one of the few people sentenced to serve an effective prison sentence for minor crimes - And that "it makes little sense for a person in these circumstances to be arrested for criticizing a judge."

Without confirming whether there will be scope for further legal action, Raquel Coelho guarantees that the petition's subscribers will continue to put public pressure to ensure that the case is not forgotten.

Wouldn't that be ironic.... They end up doing porridge for defamation and libel instead