McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Poe wrote:it's a nail in the coffin of the OG whitewash theory as well.

Unless you think that the British police are going to over-rule the Portuguese Supreme Court with all the diplomatic ramifications that would cause.

It isn't a question of over-ruling the Portuguese Supreme Court and there will be no diplomatic ramifications at all
1) The Portuguese Supreme Court ruling concerned a civil case. The police here are only interested in criminal law
2) Portugal is an entirely different jurisdiction that has no superiority whatsoever over uk police/criminal law
3) It isn't even clear if the Supreme Court ruling has any effect on uk civil law

OG are doing, and will continue to do, whatever they have been tasked to do irrespective of the verdict and if that means cover-up, then the cover-up will continue

http://www.mirror.co.uk/news/uk-news/kate-gerry-mccann-not-totally-9782804
[size=54]Kate and Gerry McCann 'not formally in the clear' over daughter Madeleine's disappearance[/size]

[size=54]The couple were ruled out as formal suspects, or “arguidos”, back in 2008 due to lack of evidence – but in court papers released today, judges have said this does not equate to a ruling of -innocence[/size]

[size=54]By Martin Fricker[/size]
[size=54]22:15, 8 FEB 2017[/size]
[size=54]Updated22:26, 8 FEB 2017[/size]

[size=54]Kate and Gerry McCann have been dealt another cruel blow as a Portuguese court failed to put them in the clear over the disappearance of daughter Madeleine.[/size]

[size=54]The couple were ruled out as formal suspects, or “arguidos”, back in 2008 – but in newly released court papers, judges have specified that this does not equate to a ruling of ¬innocence.[/size]

[size=54]It will add to the McCanns’ torment, after the same judges ruled against the couple last week in a legal battle with the police officer who led the hunt for their daughter. [/size]

[size=54]The couple sued ex-police chief Goncalo Amaral after he wrote a book claiming they were responsible for Madeleine’s “death” in May 2007.[/size]

[size=54]But he fought the case and Portugal’s Supreme Court sided with him.[/size]

[size=54]In the 76-page ruling on the case – made public – they also said the archiving in 2008 of the criminal case into Madeline’s ¬disappearance does not prove the McCanns are innocent.[/size]

[size=54]They wrote: “It should not be said that the appellants were cleared via the ruling announcing the archiving of the criminal case.” [/size]

[size=54]While the judges said it would be wrong to draw any inferences about the couple’s guilt or innocence from the decision, they noted that the case was not shelved because prosecutors believed that Kate and Gerry, from Rothley, Leics, were innocent – but due to a lack of evidence.[/size]

[size=54]They wrote: “That ruling was not made in virtue of Portugal’s Public Prosecution Service having acquired the conviction that the appellants hadn’t committed a crime. [/size]

[size=54]"The archiving of the case was determined by the fact that public prosecutors hadn’t managed to obtain sufficient evidence of the practice of crimes by the appellants.[/size]

[size=54]The court concluded that the archiving of the case should not be seen as proof the McCanns are not guilty, stating: “It doesn’t therefore seem acceptable that the ruling, based on the insufficiency of evidence, should be equated to proof of innocence.”[/size]

[size=54]The damming document means suspicion still hangs over the heads of the McCanns, who have always claimed their innocence. [/size]

[size=54]It was released after the court decided Amaral’s “right to freedom of expression” was worthy of greater protection than the couple’s “right to honour”.[/size]

[size=54]Amaral, 57, was ordered to pay the couple £360,000 in damages in 2015 for claims he made in The Truth Of The Lie.[/size]

[size=54]He said the McCanns faked Madeline’s abduction after she “died” in their holiday apartment. Amaral claimed his work was based on publicly available police and court files on the case. Kate described the book as “devastating and distressing”.[/size]

[size=54]Amaral successfully overturned the ruling against him last April and the McCanns lodged a Supreme Court appeal.[/size]

[size=54]But judges decided Amaral’s claims were “within admissible limits in a democratic and open society”. It means Kate and Gerry, both 48, face having to pay Amaral’s legal bills and could even be sued by him.[/size]

[size=54]The McCanns may take the case to the European courts, but legal experts say they must prove they have a valid reason of appeal before any hearing would be even considered.[/size]

[size=54]Madeline vanished from an apartment in Praia da Luz as her parents ate at a nearby restaurant. Detectives are said to be working on a theory that she was kidnapped by a European trafficking gang.[/size]


[size=54]Good few news stories about ruling! This one from mirror...[/size]

This the sun....


[size=38]https://www.thesun.co.uk/news/2819783/removal-of-kate-and-gerrys-formal-suspect-status-does-not-mean-they-are-innocent-in-disappearance-of-daughter-madeleine-mccann-judges-say/?CMP=spklr-_-Editorial-_-FBPAGE-_-TheSun-_-20170208-_-803548825[/size]

It was worth waiting 9 years to see that in the British press        


eta = does this mean he can publish and sell his book here now ?

Unbelievable! Don't think I really took everything in, a lot has changed now!

Interesting comment on the PJGA page, from translator Anne Guedes re Goncalo Amaral, and she does have a point imo.............



Carla Spade‏@CarlaSpade  ·

#McCann Excellent comment from Anne Guedes on the @pj_ga blog:

candyfloss wrote:Interesting comment on the PJGA page, from translator Anne Guedes re Goncalo Amaral, and she does have a point imo.............



Carla Spade‏@CarlaSpade  ·

#McCann Excellent comment from Anne Guedes on the @pj_ga blog:

Very good points, been asking the very same things. Who actually 'holds' his assets?

Dee Coy wrote:

candyfloss wrote:Interesting comment on the PJGA page, from translator Anne Guedes re Goncalo Amaral, and she does have a point imo.............



Carla Spade‏@CarlaSpade  ·

#McCann Excellent comment from Anne Guedes on the @pj_ga blog:

Very good points, been asking the very same things. Who actually 'holds' his assets?

I think so, and that is not in any way questioning in a negative way, but it is something we will all be wondering, all we have been told is he is publishing another book. But to those that donated, and to those that have supported him for all these years, it would be nice to be told what exactly happens now the court case is over. It is over as such, I don't think there is another avenue left open, so he is free to talk. Perhaps he will write another book with all this information and what went on behind the scenes, now that would be really interesting to read.

His books were held by Isabel Duarte.

The Judge ordered the return of Mr Amaral's books by 29 March 2012 (see: http://joana-morais.blogspot.com/2012/03/mccann-case-judge-orders-immediate.html. They were finally handed back on 26 April 2012 (link: https://joana-morais.blogspot.co.uk/2012/04/breaking-news-goncalo-amarals-book.html ).

If Ms Duarte also holds Mr Amaral's assets, she isn't going to hand them over quickly or willingly.

Will frozen assets not be held by the court?

i was surprised that the McCanns had possession of the books because I thought that all the assets would be held by the court or on the court's behalf by an independent third party.

I'm not saying that Isabel Duarte does hold Mr Amaral's assets (I honestly don't know) but why would the court split his assets into two parts: the books and everything else?

I'm sure the Portuguese legal system makes sense to someone ...but that someone isn't me

It's outrageous that the opposing lawyer was the guardian of any of the assets imo. But I do remember reading about the books been stored in her garage or something crazy. It all sounds so ad hoc!

Dee Coy wrote:It's outrageous that the opposing lawyer was the guardian of any of the assets imo. But I do remember reading about the books been stored in her garage or something crazy. It all sounds so ad hoc!

Yes, not only the books though his retirement home too, and his jaguar car..

EXCLUSIVE Maddie libel detective ruined: Retirement retreat seized to cover McCann payout

THE luxury home where former Portuguese detective Goncalo Amaral, central to the Madeleine McCann investigation, hoped to spend his retirement is boarded up and desolate.

http://www.express.co.uk/news/uk/574547/Maddie-libel-detective-ruined-Retirement-retreat-seized-cover-McCann-payout

Look on the bright side, he can probably claim refurbishment costs from the McCanns and then get the builders in

Our former member parapono has asked me to post this for her.

The discussion about the frozen assets. The presumption they were partly held by ID.
A flaw in the reasoning.
It is like this.

Assets: house, pension, Jaguar were frozen awaiting an enormous claim against Amaral.
The €1.250.000

Books are about banning, not money.
The books were seized because ID requested the book to be banned and the Judge went along.
All now forbidden books had to be handed over.
To be destroyed once the verdict was final...

It's a different story altogether

It's just like our own PeterMac!

I did think of that myself but there is a difference in that parapono isn't a member here now!

Thanks to Parapono for that - makes a lot more sense.

Would she be in the know if after the SC ruling Portuguese law would dictate the frozen assets would be unfrozen and returned by now?

(Parapono, why don't you rejoin?? )

I have asked her to think about rejoining.

Thanks for explaining parapono

Please come back, we (and by we I mean I ) need your expertise.

According to AdirenM on Twitter Goncalo's assets are still frozen and will remain so until after final legal questions are resolved. This probably explains the apparently nonsensical 'challenge' to the Supreme Court verdict by the McCanns. Prevarication to avoid coughing up coated with a healthy furring of vindictiveness.

https://mobile.twitter.com/AdirenM/status/841455470887997440

Dee Coy wrote:According to AdirenM on Twitter Goncalo's assets are still frozen and will remain so until after final legal questions are resolved. This probably explains the apparently nonsensical 'challenge' to the Supreme Court verdict by the McCanns. Prevarication to avoid coughing up coated with a healthy furring of vindictiveness.

https://mobile.twitter.com/AdirenM/status/841455470887997440

That does surprise me. I thought the Supreme Court decision could not be reversed.

froggy wrote:

Dee Coy wrote:According to AdirenM on Twitter Goncalo's assets are still frozen and will remain so until after final legal questions are resolved. This probably explains the apparently nonsensical 'challenge' to the Supreme Court verdict by the McCanns. Prevarication to avoid coughing up coated with a healthy furring of vindictiveness.

https://mobile.twitter.com/AdirenM/status/841455470887997440

That does surprise me. I thought the Supreme Court decision could not be reversed.

I don't think it can, it is the highest court in the land and the only other way is to go to ECHR.  The McCanns have not launched   a legal question/appeal as far as I understand, they have sent a letter of complaint re the wording by the Judges etc.  i.e. using frivolous?    His assets cannot be frozen as his book is now on sale, and McCanns have been ordered to pay costs.... and we have been told he has another book on the way, and wants to publish Truth of the Lie here.  I cannot see this case going any further.

Neither can I, but could these legal questions hold up the release of the assets? I don't know how AdirenM know this, but she is Portuguese and close to the case as I believe she was employed in the legal sector in some way and she was present in Luz on the night and searched for Maddie. She seems to know her stuff.

The McCann's will have to cough up at some point regardless. They've lost. End of.

The 500k that was said in the papers that was put in investments was a load of tosh. That's the minimum amount that they'll have to hand over.

Complaints and appeals etc just prolongs the inevitable. And that's handing over the dosh and finally conceding defeat.

Agree, which is why I think the 'legal challenge' is just vindictive prevarication. But how disgraceful if this means Goncalo' has to wait even one more second for his assets.