Confirmation Goncalo Amaral appeal accepted

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Confirmation Goncalo Amaral appeal accepted

Post  candyfloss on Thu 03 Sep 2015, 7:17 pm

Putting this here in appropriate thread so it can be read and found easily.



http://pjga.blogspot.nl/2015/09/confirmation.html?m=1

Confirmation

Confirmation that the appeal has been accepted by the Appellate Court has been received today from the lawyer. Once again, thank you so very much to everyone who has made a contribution. We will keep you informed.







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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 11:08 am

I'd really like to know what's written there.
Pity the PJGA didn't publish a translation.
Most people contributing don't understand Portuguese.
I do hope someone will oblige and translate it.



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Re: Confirmation Goncalo Amaral appeal accepted

Post  Freedom on Fri 04 Sep 2015, 11:23 am

If you go into the PJ website, you should be able to get a translated version.

I say "should" as it's not working for me at the moment. It says it has been translated into English but it hasn't!
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 11:27 am

Thank you Freedom.
I'll wait patiently for the translation to appear.

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 11:39 am

Brilliant stuff cheers

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Re:Confimation Goncalo Amaral Appeal accepted.

Post  costello on Fri 04 Sep 2015, 12:07 pm

Excellent, Game on.
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Fri 04 Sep 2015, 2:01 pm

parapono wrote:Thank you Freedom.
I'll wait patiently for the translation to appear.
Hideho apparently has a translation of it on her Facebook page. Although not on it so can't c and p it over.
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 3:00 pm

Thanks Andrew

I'd better wait till the PJGA site comes up with a translation.
Preferrably accompanied by some further explanations about
procedures and other legal stuff.

parapono

I'm patiently waiting for justice to be done.
In Lisbon


Last edited by parapono on Fri 04 Sep 2015, 3:18 pm; edited 1 time in total (Reason for editing : bit better)

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Freedom on Fri 04 Sep 2015, 3:03 pm

It is on HiDeHo's Facebook group page but it's not in English.

Perhaps someone could try the PJ website - the automatic translation may work for somebody else.
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 3:22 pm

Freedom,

I guess automatic translation doesn't work as Kazlux wrote it English and inserted the pics.

Just guessing, I'm not an expert.

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Fri 04 Sep 2015, 3:30 pm

Have copied this from the freak site, Jatyk2. Allegedly from hidehos Facebook. 

Obviously can't confirm authenticity. But will stick it up anyway.. 

Freedom, Can you post the link to what you want translated.. 


Poocess: 1454/09.5TVLSB
Authors/ Applicants: Kate Marie Healy McCann and others
Doc 1 – 
Subject: Appeal
Your Ref: Defendant Gonçalo de Sousa Amaral
You are hereby notified , regarding the above referenced case file , of the acceptance of appeal as well as the contents of the order issued in the EP (Electronic Process) , with the reference number 338001289 (Pgs 2382 of the PP (Paper Copy) , of which a copy is attached.
Moreover you are notified that the case proceedings will be sent to the Tribunal da Relação de Lisboa on the 10.07.2015.

Doc 2:
Case: 1454/09.5tvlsb
Conclusion: 02/09/2015
CLS
Within the scope of article 617, N1 of the CPC (Portuguese Civil Processual Code) and reemitting to the grounds of the decision , I conclude that the nullities pointed out in the in the decisions rendered in the appeal are not verified, and the sentencing is maintained as issued.
Appeal:
I accept the filed appeals , since they meet the deadlines , have been submitted by those with authority to do so and because the decision is appealable. (Article 629, 631 and 641 all of the new CPC). 
The “request “ is of appeal (Article 645, Section a) ), and will be elevated in the next proceedings with a mere non suspensive effect (Article 647, n 1).
Notify and I determnin the elevation of the proceedings to the Venerable Tribunal da Relação de Lisboa (Lisbon’s Relação Court – Lisbon’s Appeal Court )
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Freedom on Fri 04 Sep 2015, 3:33 pm

https://www.facebook.com/photo.php?fbid=1712535232308590&set=gm.518912121598615&type=1

I can't seem to copy and paste it.

I don't know if non-Facebook members will be able to see it.

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Fri 04 Sep 2015, 3:37 pm

Can see it but it's the same link (pjga) as I posted yesterday and no idea how to translate that, I'm afraid.
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 4:10 pm


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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Fri 04 Sep 2015, 4:14 pm

It's the letter itself that I don't know how to translate..
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Re: Confirmation Goncalo Amaral appeal accepted

Post  Freedom on Fri 04 Sep 2015, 6:37 pm

I wonder if the JATYK2 stalwart Pedro Silva did the translating, Andrew!

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Fri 04 Sep 2015, 7:27 pm

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Guest on Fri 04 Sep 2015, 7:37 pm

Thanks Andrew!

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Re: Confirmation Goncalo Amaral appeal accepted

Post  bluebell on Sat 05 Sep 2015, 1:29 pm

With thanks to Anne Guedes:
I know it's legaleeze, but I don't understand the bits I've bolded.  Can anyone explain please    scratch
Are they referring to the Conclusion of the completed trial, or the appeal ?

Also even with the extra description - what does the second bolded bit mean  "Examined by a Higher Court but without a suspensive effect" ?    Thanks to anyone that can put it in words of one syllable for me .         Embarassed




Libel trial McCann v Goncalo Amaral - Confirmation of Appeal translation 07 October 2015

HOMEPAGE ANNE GUEDES COURT DOCUMENTS
The following documents were put on line by PJGA. Translated by Anne Guedes


Process: 1454/09.5TVLSB
Authors/ Applicants: Kate Marie Healy McCann and others
Subject: Appeal
Your Ref: Defendant Gonçalo de Sousa Amaral

Regarding the above referenced case file, you are notified of the admissibility of the appeal as well as of the content of the order released in EP (Electronic Process), with the reference number 338001289 (Pgs 2382 of the PP (Paper Copy), of which a copy is attached.
Moreover you are notified that the case proceedings will be at the Tribunal da Relação de Lisboa on October 7, 2015

Conclusion :

Within the scope of article 617-1 of the CPC (Civil Processual Code) and referring to the grounds of the decision, I consider that the nullities pointed out in the appeal don’t occur and the judgement is maintained as issued.


Appeal:
I accept the filed appeals, since they meet the deadlines, have been submitted by those with authority to do so and because the decision is appealable. (Articles 629, 631 and 641 all of the new CPC).
The appeal request (Article 645-a) concerns the proceedings with a merely devolutive effect (Article 647-1).
[“Devolutive” means that the proceedings (facts and law) will be examined by the higher Court but without a suspensive effect on the execution of the judgement.]


I notify and declare the release of the proceedings to the Venerable Tribunal da Relação de Lisboa (Lisbon’s Appeal Court )

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Re: Confirmation Goncalo Amaral appeal accepted

Post  candyfloss on Sat 05 Sep 2015, 1:47 pm

I think the second bit without a suspensive affect means that the appeal will be examined by a higher court but the judgement will still stand until then.  In other words the judgement won't be suspended until the new trial, so Mr Amaral still has to pay costs and book banned until the appeal.... which may overturn the original verdict.


The first bolded means the same I think, in other words the lawyers of Goncalo asked for the original verdict to be nullified until the new appeal, as per first point this has not been allowed, but stands until trial.

I think scratch Smile

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Re: Confirmation Goncalo Amaral appeal accepted

Post  bluebell on Sat 05 Sep 2015, 1:59 pm


Thank you candyfloss. That makes more sense, I think I understand now due to your explanation. Smile

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Re: Confirmation Goncalo Amaral appeal accepted

Post  candyfloss on Sat 05 Sep 2015, 2:22 pm

bluebell wrote:
Thank you candyfloss.  That makes more sense,  I think I understand now due to your explanation.            Smile
Don't know if this helps haven't read it but just seen it on twitter....


Mari Welzel ‏@umweltbuerger · 14 mins14 minutes ago
Maybe read comments Textusa 5 Sep 2015,10:19:00 explaining translation of a phrase in Gonçalo Amaral's appeal http://textusa.blogspot.com #McCann


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Re: Confirmation Goncalo Amaral appeal accepted

Post  candyfloss on Sat 05 Sep 2015, 6:48 pm

candyfloss wrote:
bluebell wrote:
Thank you candyfloss.  That makes more sense,  I think I understand now due to your explanation.            Smile
Don't know if this helps haven't read it but just seen it on twitter....


Mari Welzel ‏@umweltbuerger  · 14 mins14 minutes ago  
Maybe read comments Textusa 5 Sep 2015,10:19:00 explaining translation of a phrase in Gonçalo Amaral's appeal http://textusa.blogspot.com  #McCann


I think according to Textusa on above link I have it wrong. According to the link the book stays on the shelf and the McCanns do not get paid until this appeal is settled, which I suppose makes sense. It did read the other way though, but apparently there have been two differing translations on the net, I think. I have a job to understand Textusa sometimes Smile no offence textusa it is all complicated.

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Re: Confirmation Goncalo Amaral appeal accepted

Post  Andrew on Sun 06 Sep 2015, 4:58 pm

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Re: Confirmation Goncalo Amaral appeal accepted

Post  bluebell on Sun 06 Sep 2015, 6:58 pm

candyfloss wrote:
Don't know if this helps haven't read it but just seen it on twitter....


Mari Welzel ‏@umweltbuerger  · 14 mins14 minutes ago  
Maybe read comments Textusa 5 Sep 2015,10:19:00 explaining translation of a phrase in Gonçalo Amaral's appeal http://textusa.blogspot.com  #McCann


I think according to Textusa on above link I have it wrong.  According to the link the book stays on the shelf and the McCanns do not get paid until this appeal is settled, which I suppose makes sense.  It did read the other way though, but apparently there have been two differing translations on the net, I think.  I have a job to understand Textusa sometimes Smile  no offence textusa it is all complicated.[/quote]
==============================================





I have tried candyfloss - really tried hard - to understand, but it's no good   scratch
I've read what's been said over there and Textusa (can never understand Textusa anyway), but still don't really know what's going on.    
Does the appeal stop the previous judgement is what I'd like to know.
If GA has to pay up now as the judgement he is appealing then wins the appeal, they'll have to give the money back??  That can't work surely. ?   Suppose he has to pay, then they spend the money and say they can't  pay it back because it's all gone on their "search"?    Shocked       Worst case scenario I know, but I don't trust them an inch.
I shall wait and see, as I'm sure it will all be revealed eventually.

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