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The saga of the McCanns' appeal to the European Court of Human Rights

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Post  candyfloss Sat 09 Sep 2017, 8:14 am

maddie 'lie' battle  Madeleine McCann’s parents Kate and Gerry make final appeal in battle against shameless ex-police chief





https://www.thesun.co.uk/news/4425917/madeleine-mccann-kate-gerry-goncarlo-amaral/


It could take 4 years before they even decide to take the case!!!! Shocked


Last edited by candyfloss on Sat 09 Sep 2017, 9:01 am; edited 1 time in total

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Post  candyfloss Sat 09 Sep 2017, 8:21 am

The McCanns have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the 2007 abduction and 'death' of their daughter


Exclusive


By Nick Pisa


9th September 2017, 2:57 am

Updated: 9th September 2017, 3:24 am


MADDIE McCann’s parents have made a last ditch appeal to the European Court of Human Rights after a Portuguese judge ruled against them in their battle against a shameless ex police chief.

Kate and Gerry McCann, both 49, have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the abduction and ‘’death’’ of their daughter in 2007.


The case has been in and out of court in Portugal with Amaral initially being ordered to pay £360,000 damaged in 2015 for the outrageous slurs in ‘The Truth of the Lie’.

But his legal team overturned that order and Kate and Gerry took out their own appeal against him in Portugal’s Supreme Court and earlier this year they were left devastated after judges again ruled in his favour.

In their 76 page ruling judges said Kate and Gerry had not ‘’successfully proved their innocence’’ - which left the couple from Rothley, Leicestershire ‘shattered’, according to a source close to the couple.

Initially they had considered dropping the whole case against Amaral they are more determined than ever that he should not get away with his vile allegations against them.

So far no money has been paid by either party and now they will square up to each other at the European Court of Human Rights in Strasbourg.

The appeal was lodged in July by their Portuguese lawyer Isabel Duarte and they are now waiting for a date to be confirmed.


A source close to the couple said: "They discussed the situation with their legal team and they decided that ultimately it was worth fighting the decision of the Portuguese court.

"They are upset that the court made this ruling but are also desperately upset at Amaral’s claims which are ludicrous and hurtful.’’

Last night the European Court of Human Rights confirmed an appeal had been lodged and officials were investigating its "admissibility’’ before deciding what to do next.

Family spokesman Clarence Mitchell told The Sun: "I can confirm that Kate and Gerry have lodged an appeal application at the European Court of Human Rights and the application is being considered.


"As such they will not be making any comment until a decision has been made. The case is being handled by their legal team in Portugal.

Insiders said it could take almost four years before a decision on whether to proceed in the case is made.


Maddie, three, disappeared in May 2007 from her parents holiday apartment in Praia da Luz on Portugal’s popular

Algarve coast while her younger twin siblings Amelie and Sean, now aged 12, were in the same room.

Earlier this week British detectives investigating her disappearance asked the Home Office for more cash so they could "pursue one final lead’’.


https://www.thesun.co.uk/news/4425917/madeleine-mccann-kate-gerry-goncarlo-amaral/

--------------------

18 comments so far!!

My bolding.

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Post  Heisenburg Sat 09 Sep 2017, 8:29 am

Looks like you will need to edit your rolling headline.
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Post  Heisenburg Sat 09 Sep 2017, 8:31 am

From the article.

So far no money has been paid by either party and now they will square up to each other at the European Court of Human Rights in Strasbourg.
Insiders said it could take almost four years before a decision on whether to proceed in the case is made.



So no monies will change hands until 4 years or more,no wonder the fund is healthy.
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Post  Heisenburg Sat 09 Sep 2017, 8:59 am

So this malarkey about going to the ECHR was launched in July,strange innit because in July the very same month we had this also from the scum.



https://www.thesun.co.uk/news/3996381/madeleine-mccanns-parents-kate-and-gerry-have-failed-in-their-battle-to-silence-ex-portuguese-cop-over-sick-slurs/

'IT'S THE END OF THE ROAD'Madeleine McCann’s parents Kate and Gerry ‘have failed’ in their battle to silence ex-Portuguese cop over sick slurs
Pals of the parents have said Goncalo Amaral 'has won once and for all' because they don't have the 'time, energy or funding' to take him to the highest court in the land
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Post  candyfloss Sat 09 Sep 2017, 9:17 am

Yes, total contradictions which we have grown to expect from the papers.  

It is unbelievable that it could take up to 4 years for the ECHR to even consider whether to take this case on or not, in the meantime the money is just sitting there and not paid out.  Ah well, the lawyers are prpbably making some seriously good money out of it at least!

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Post  Poe Sat 09 Sep 2017, 9:39 am

They've brought Clarence back as the family spokesman and source close to the family.

I wonder what's happening behind the scenes.


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Post  Mimi Sat 09 Sep 2017, 10:25 am

They really are taking the p***.

So where`s the money coming from ?

Is suing people and perpetually appealing court decisions meant to be looking for Maddie ?

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Post  chrissie Sat 09 Sep 2017, 10:38 am

So, delaying having to pay out what the court ordered. They were in financial difficulty before Maddie went 'missing' Neutral Rolling Eyes
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Post  candyfloss Sat 09 Sep 2017, 11:41 am

Daily Mail now have it.....


Saturday, Sep 9th 2017 10AM  

Madeleine McCann's parents make final appeal to European court in battle to silence Portuguese ex-police chief's 'lies'


•Goncalo Amaral claimed in book that McCanns had covered up daughter's death
•Kate and Gerry, both 49, won a libel case against former officer Amaral in 2015
•But this was overturned on appeal and that decision upheld in another court
•Now McCanns are desperately appealing to European Court of Human Rights

.



Read more: http://www.dailymail.co.uk/news/article-4867778/Madeleine-McCann-s-parents-appeal-European-Court.html

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Post  candyfloss Sat 09 Sep 2017, 11:53 am

So from the 'End of the Road' article 2 months ago a pal said this......


The family pal said: “Realistically a European Court appeal was never going to succeed plus it would be too expensive to launch. It seems Mr Amaral, regrettably, has won once and for all. The fight is finally over.





So exactly how much is this going to cost to launch this appeal, very expensive by the sounds of it/

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Post  Freedom Sat 09 Sep 2017, 11:55 am

I wonder if they still have any "more money than sense" friends who have agreed to finance the proceedings?
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Post  dogs don't lie Sat 09 Sep 2017, 1:12 pm

My gawd, if only these two would get their heads out of their butts and used them and the money to actually look for Madeleine (as they know she was taken and has came to no harm) instead worrying what a book (and not just one) says, maybe they'd get (a little) more sympathy. They don't, to most, they seem too busy with donations, their online shop and publicity and every chance. If they know Madeleine's somewhere unharmed, like one of their supporters or that detective (DE? in caves or tunnels), then get your money, fly to Portugal and search every bloody cave and dig into every bloody tunnel, find her, bring her home and then show the world that Goncalo was wrong, show most of the people on the planet that they were wrong, what are they waiting for?
Sorry folks.

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Post  candyfloss Sat 09 Sep 2017, 1:21 pm

Totally agree ddl, and well said.

Of course all these articles are having a negative effect on them, people are now fed up with it all, and making the book more publicised with more people wanting to read it.

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Post  Mimi Sat 09 Sep 2017, 1:28 pm

In the Sun this morning there were loads of negative comments from sceptics and I`ve just gone back to copy them and they`ve all gone.

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Post  dogs don't lie Sat 09 Sep 2017, 1:36 pm

If my child was taken and I knew she was still out there somewhere and I heard a detective saying she was within a 10mile radius, then with every penny I had, I'd be there, digging and checking every inch and more. I wouldn't have the time or money (cause that money I had would be used on looking for her only). I wouldn't be interested in anyone who thought otherwise.

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Post  Poe Sat 09 Sep 2017, 2:29 pm

I can't help thinking that this is a going down with all guns blazing situation where they would rather bankrupt themselves going through the ECHR than hand over a single euro to Mr Amaral.

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Post  candyfloss Sat 09 Sep 2017, 3:27 pm

I have put this here as well


Freedom wrote:So the "pal's" story in July about giving up was complete garbage. The McCanns made their appeal to the ECHR then.

http://www.dailymail.co.uk/news/article-4867872/Netflix-making-eight-Madeleine-McCann-documentary.html

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Post  froggy Sat 09 Sep 2017, 3:43 pm

Poe wrote:I can't help thinking that this is a going down with all guns blazing situation where they would rather bankrupt themselves going through the ECHR than hand over a single euro to Mr Amaral.

The two are separate issues and the need to pay the Portuguese legal fees and expenses will arise long before anything is considered by the ECHR
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Post  candyfloss Sat 09 Sep 2017, 3:51 pm

It would be an ongoing case though, the same case, so surely the fees would be on hold as the loser has to pay both sides, which if paid out now would need to be clawed back.........

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Post  unreorganised Sat 09 Sep 2017, 4:09 pm

candyfloss wrote:

It would be an ongoing case though, the same case, so surely the fees would be on hold as the loser has to pay both sides, which if paid out now would need to be clawed back.........    

I can't accept that lawyers are happy just to continue on forever without interim payment or monies held in a client account, or some other arrangement. There would be a risk of the lawyer going bankrupt long before the client otherwise.
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Post  TheTruthWillOut Sat 09 Sep 2017, 4:24 pm

Are OG and the M's continued pursuit of GA through the courts directly linked? I thought OG was on its last run of 6 monthly payment to pursue 'one last line of inquiry' at the same time as the M's had come to the end of their court proceedings according to a "friend" in July. Now in the last week we get both turning around and continuing.....
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Post  Guest Sat 09 Sep 2017, 4:29 pm

Long ago the McCanns had the opportunity and the funds to hire legitimate detectives instead of pretendy-detectives with no track record who ended up taking their money and accomplishing nothing. Kate and Gerry did not hire legitimate detectives which would have been the most logical way to enhance their "search" for Madeleine. This speaks volumes.

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The saga of the McCanns' appeal to the European Court of Human Rights Empty Mixed messages as McCanns bid to take three-time court defeat to new appeal

Post  Heisenburg Sun 10 Sep 2017, 10:54 am

Very good piece by N Donn here,no spokesman nonsense.


http://portugalresident.com/mixed-messages-as-mccanns-bid-to-take-three-time-court-defeat-to-new-appeal

There are multiple mixed messages as the parents of missing Madeleine McCann are reported to be taking their three-time court defeat in Portugal to the very last point of appeal: the European Court of Human Rights.
British tabloids are already presenting the new situation as ‘a given’ - the Mail for example, claims “it is understood that the result of the appeal will not be known for at least four years”.
But the truth is that it may not even get accepted.
The ECHR website carries no details of the action (believed to have been lodged in July) for the simple reason that it must first be considered to merit this final avenue of legal recourse - an outcome many believe is unlikely.
The reasons for this is that the 75-page judgement the McCann parents are challenging - handed down by Portugal’s highest court - cited tenets set out by the ECHR, not to mention rights enshrined in the Portuguese Constitution.
As a source explained, “the parents have been told three times that the theory published by former PJ police coordinator Gonçalo Amaral did not overstep the bounds of freedom of expression”.
“Maddie: A Verdade da Mentira” (Maddie: The Truth of the Lie) is back on sale and has purportedly been published and translated in France, the Netherlands, Germany, Denmark, Spain and Belgium.
An English translation has been available online for years, and “read by millions” (click here).
But according to the UK Sun - which led with an ‘exclusive’ yesterday on what it is calling “a last ditch appeal” against a “shameless ex police chief” - the reasons for the McCann’s new legal bid lie not simply in the fact that they “are desperately upset at Amaral’s claims”, but also that they are “shattered” that Portugal’s top judges did not accept that they had “successfully proved their innocence”.
This was perhaps the most devastating outcome of the Supreme Court ruling, and one which saw UK tabloids go into overdrive (click here).
In other words, this is no longer a fight against what the Sun terms “the outrageous slurs of the Truth of the Lie”, but a battle now against Portuguese Justice.
As a legal source has commented: "The McCanns have effectively to prove that the Supreme Court made a massive mistake".
The appeal bid could also be seen as another way of stalling the hugely expensive outcome of all these years of painful litigation.
The Sun explains: “So far no money has been paid by either party”.
In January, the Mail suggested that the McCanns “could now face financial ruin as they face paying Gonçalo Amaral huge court costs and could be sued themselves by the former policeman”.
Amaral, for the time being, is keeping his counsel.
Marking the 10-years since Madeleine’s disappearance during a family holiday in Praia da Luz, he gave a series of interviews to the Cofina media group in which he repeated his theory, as set out in the ‘Truth of the Lie’, explaining all the reasons for it (click here).
Since then he has kept a low profile.
Meantime, the Metropolitan Police are seeking renewed funding for Operation Grange - the probe that has already cost over £11 million looking for answers in this unparalleled case (click here), while streaming service Netflix is said to be making a new eight-part documentary on Madeleine’s disappearance, interviewing “key figures and investigators”.
Parents Kate and Gerry have “refused to be involved”, writes the Sun - highlighting the word refused in capitals.
The McCann’s reasoning, says the tabloid, is that Grange “is still active” - though a decision on whether or not to extend funding, and therefore keep Grange alive, has yet to be made public.
Ten years and four months on, and the disappearance of Madeleine McCann shows absolutely no sign of disappearing.

natasha.donn@algarveresident.com
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Post  froggy Sun 10 Sep 2017, 11:44 am

candyfloss wrote:
froggy wrote:
Poe wrote:I can't help thinking that this is a going down with all guns blazing situation where they would rather bankrupt themselves going through the ECHR than hand over a single euro to Mr Amaral.

The two are separate issues and the need to pay the Portuguese legal fees and expenses will arise long before anything is considered by the ECHR

It would be an ongoing case though, the same case, so surely the fees would be on hold as the loser has to pay both sides, which if paid out now would need to be clawed back.........    

It isn't an on-going case, as the defendants are different.
Amaral et al are entitled to whatever the court awarded them in the way of costs and expenses and that would still be so if the McCanns were to win at the ECHR.
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