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

Mainly regurgitated tripe but mention is made that the case may receive a preliminary review by the end of the year.

https://www.mirror.co.uk/news/uk-news/madeleine-mccann-parents-taking-legal-21424524

Hmmm, wonder what they mean.

A source close to the UK police probe into Madeleine’s disappearance said that could fuel 'resentment’.

I wonder why this has popped up now? With so little public support I would think there would be a furore if the McCanns won this case.  Do they have a leg to stand on?

McCanns may renew legal battle with Portuguese police chief

Madeleine McCann’s parents will pursue “with renewed vigour” a former Portuguese police chief

By Steve Bird 6 June 2020 • 8:33pm



Madeleine McCann’s parents will pursue “with renewed vigour” a former Portuguese police chief who claimed they accidentally killed their daughter if any new suspect is convicted of her abduction or murder.
For more than a decade, Kate and Gerry McCann have been locked in a legal battle with Goncalo Amaral, the officer who led the original investigation into the girl’s disappearance, after he wrote a book claiming they had faked her abduction.
The couple, from Leicestershire, issued a writ against Mr Amaral, 59, after he published his book The Truth of the Lie containing his controversial claims.
Now, a source connected to the legal battle has said if the latest developments resulted in a successful prosecution for either the abduction or murder of Madeleine it would “demolish” the former detective’s arguments published back in 2008. Any criminal conviction would prove his claims “utterly defamatory”, the source said....

To continue reading this article...

Unfortunately rest is pay to view for those who do.





https://www.telegraph.co.uk/news/2020/06/06/mccanns-may-renew-legal-battle-portuguese-police-chief/

candyfloss wrote:McCanns may renew legal battle with Portuguese police chief

Talk about getting ahead of yourself.

Just Mitchell at work again inventing stories to feed the public

Well, it would be the logical thing to do if someone else was convicted of anything to do with the disappearance. 

I really can't see there ever being the evidence though in this case to charge the German paedo.

Freedom wrote:Well, it would be the logical thing to do if someone else was convicted of anything to do with the disappearance. 

I really can't see there ever being the evidence though in this case to charge the German paedo.

Yes, it would be logical.

But given that the chain of events that would lead to this would also see them having to organise their daughter's funeral, I think if I was them I'd like to get that over and done with first.

Well, there's no knowing if her body would be found - people have been convicted of murder without such proof.

A decision on Tuesday, according to the Mail.

https://www.dailymail.co.uk/news/article-11215227/Madeleine-McCanns-parents-finally-Tuesday-won-14-YEAR-libel-battle.html


EXCLUSIVE: Madeleine McCann’s parents will finally find out on Tuesday if they have won 14-YEAR libel battle against cop who suggested they were to blame for the girl’s disappearance
A 2008 book suggested the McCanns were responsible for the disappearance
The Portuguese officer was taken off the investigation after a 27-year career
The McCanns fought back against the initial ruling on an appeal in Portugal
By NICK PISA FOR MAILONLINE
PUBLISHED: 12:05, 15 September 2022 | UPDATED: 12:25, 15 September 2022

Madeleine McCann’s parents will find out next week if they have won their rollercoaster legal battle against the former policeman who suggested they were responsible for her disappearance.

Kate and Gerry took action against Goncalo Amaral, 62, for slurs in his book The Truth of the Lie and they have been locked in a bitter courtroom fight ever since it was published in 2008 — a year after Madeleine went missing.

They are appealing to the European Court of Human Rights in the French city of Strasbourg after Portugal’s highest court threw out their long-running libel claim against Amaral, who suggested they were involved in her disappearance.

Initially they had won the first round and an injunction was granted to prevent further sales of the book, which was written by Amaral who was taken off the investigation after a 27-year police career.

He later appealed the decision and after years of litigation — which also at one point involved him paying the McCanns £429,000 in compensation — won the case in 2017.

This was after Portugal’s highest court ruled he was entitled to ‘freedom of expression’ but in a last ditch battle the McCanns immediately went to the European Court of Human Rights and have been waiting ever since for a decision.

Technically, the case being considered by the court in Strasbourg is against Portugal and Portuguese justice and not Amaral himself but if they lose they could be forced to pay considerable costs.

It may even involve them dipping into their Madeleine’s Fund: Leaving No Stone Unturned account which according to the latest accounts has a balance of £931,500.

Paperwork lodged at the court shows Kate and Gerry are claiming the allegations in his book and a subsequent documentary ‘infringed their right to respect for their private life and their right to presumption of innocence’.

They complained that the Portuguese ruling failed to take into account criteria set out in case law and judges at the Strasbourg court sent out detailed questionnaires to the Portuguese state asking the McCann for further observations and if an out of court settlement was possible.

A source in Strasbourg said the Portuguese had refused the offer and other documents in the case reveal Amaral made more than £350,000 from the book and DVD, plus another £20,000 from various TV and newspaper interviews.

In their argument the couple detail the pain they have been through since then three year old Madeleine disappeared during a family holiday in Praia da Luz on Portugal’s Algarve coast in May 2007.

They go onto describe the anguish they endured after being made suspects or ‘arguidos’ by the Portuguese police a few months after she disappeared.

Lawyers say Amaral’s book ‘incriminated innocent citizens, accused of terrible crimes they never committed’. It goes on to say they are trying to ‘protect not only their reputation but that of the child as well’.

They also say Amaral’s book was ‘extravagant’ and ‘damaged the good reputation’ of the McCann family. Amaral argued in his defence that the book’s allegations came from his and his team’s investigation.

Last year Amaral wrote a follow up book called Maddie: Enough Lies in which he said prime suspect Christian Brueckner, who was named in 2020 by German police as the man responsible for her kidnap and ‘murder’ was merely a scapegoat.

He says German investigators have turned convicted rapist and paedophile Brueckner, into a ‘man made Frankenstein’ and he accuses them of a botch job as part of their ‘discredited desire’ to link Brueckner, 45, to the crime.

In the 294 page book he also again repeated his theory the McCanns, from Rothley, Leicestershire, were responsible but they have always steadfastly denied it.

In an announcement Thursday, the ECHR said the judgement was among 24 that would be published on Tuesday.

It added: 'The case concerns statements made by Mr Goncalo Amaral — a former detective inspector — in a book, a documentary, adapted from that book and a newspaper interview about the applicants’ alleged involvement in the disappearance of their daughter, Madeleine McCann, who went missing on May 3 2007 in southern Portugal.

‘Relying on articles 6 and 2 (right to a fair hearing, 8 (right to respect for private and family life) and 10 (freedom of expression) of the Convention, the applicants allege that those statements damaged their reputation, their good name and their right to be presumed innocent, and complain that they were unable to redress before the domestic courts.

‘They also argue that the reasoning in decisions issued by the Supreme Court on 31 January and 21 March 2017, at the close of action for damages brought by them, breached their right to be presumed innocent.’

Dee Coy wrote:A decision on Tuesday, according to the Mail.

Oof. That's gotta hurt.

Let's hope the deserving party gets hurt!

The McCanns have lost the case....


Madeleine McCann's parents LOSE libel case against Portuguese police officer | Daily Mail Online

Great to "see" you again Candyfloss!

I shall hold off dancing in the streets to see what the McCanns decide to do next.

Freedom wrote:Great to "see" you again Candyfloss!

I shall hold off dancing in the streets to see what the McCanns decide to do next.

Hi there Freedom.  Nice to be back albeit briefly probably.  

Yes, it will be very interesting to see what happens next, as far as I know that must be it, they can't go any higher.

Does this mean Mr Amaral's assets will now be unfrozen and he gets the money from the original ruling? cos wasn't it all put on hold?

That's what I thought but, according to the story, they could appeal.

Good to see the OG gang still posting! Hope everyone is doing well.

This news has been on the local Leicester GEM radio news this morning and they also said they have 3 months to appeal. If only the M's had this much resolve in trying to find Madeleine as they have trying to destroy Amaral over 15 years....

I can't realistically see them attempting an appeal. I mean, I know they're gluttons for punishment, but all of the wind finally seems to have been removed from their sails. I doubt there's much support coming either, moral or otherwise.

Portuguese press is reporting that their lawyers says there will be no appeal. Afonso was listed on the application as their lawyer so ..........

Contacted by Expresso, Ricardo Correia Afonso said that the couple's defence will not appeal the decision of the European court.


https://expresso.pt/sociedade/2022-09-20-Casal-McCann-naturalmente-desapontado-com-a-decisao-do-Tribunal-dos-Direitos-do-Homem-9ff3de47

The ECHR decision was unanimous. Very hard to find grounds of appeal therefore. I wonder how much of the Fund has been used to fight in the Portuguese High Court, their Supreme Court and now the ECHR.

In a report in the Guardian about the ECHR decison I was disappointed that the report rubbished the original Portuguese investigation into Madeleine's disappearance. No need for that especially with the ECHR vindicating Amaral.

Antonia wrote:The ECHR decision was unanimous.   Very hard to find grounds of appeal therefore.  I wonder how much of the Fund has been used to fight in the Portuguese High Court, their Supreme Court and now the ECHR.

In a report in the Guardian about the ECHR decison I was disappointed that the report rubbished the original Portuguese investigation into Madeleine's disappearance. No need for that especially with the ECHR vindicating Amaral.

I did notice that Amaral didn't appear to be bumbling, disgraced or any of the other usual adjectives today.

Antonia wrote:The ECHR decision was unanimous.   Very hard to find grounds of appeal therefore.  I wonder how much of the Fund has been used to fight in the Portuguese High Court, their Supreme Court and now the ECHR.

The fund had about £900k left, I think. My understanding is they have to pay their own and Gonçalo's costs. I don't think they can afford to appeal.

I might be wrong but I read somewhere any applicant has to prove funding prior to submission of any application to the ECHR.

Dee Coy wrote:

Antonia wrote:The ECHR decision was unanimous.   Very hard to find grounds of appeal therefore.  I wonder how much of the Fund has been used to fight in the Portuguese High Court, their Supreme Court and now the ECHR.

The fund had about £900k left, I think. My understanding is they have to pay their own and Gonçalo's costs. I don't think they can afford to appeal.

I might be wrong but I read somewhere any applicant has to prove funding prior to submission of any application to the ECHR.

Perhaps they could take out a second mortgage on Rothley Towers....?

Its now finished at the ECHR , the mirror reported,


The McCanns were given the right to lodge an appeal – but the Mirror can now reveal they have admitted defeat. The three-month appeal time limit has expired and the case is now listed as “definitif” – final – on the ECHR system.


https://www.mirror.co.uk/news/uk-news/madeleine-mccanns-parents-admit-defeat-28942384


Accounts for Madeleine’s Fund, a not-for-profit company, reveal it paid £6,695 in legal costs 'in relation to a libel action in Portugal brought by Gerald and Kate McCann'

https://www.mirror.co.uk/news/uk-news/madeleine-mccanns-parents-spent-7000-28912813