Express "hits" ...EXCLUSIVE: ‘McCanns will lose £1m libel trial’ Judge’s initial findings go against couple

With: http://www.express.co.uk/news/uk/554107/McCanns-will-lose-1m-trial-Portuguese-judge-s-initial-findings-against-Kate-and-Gerry

Châtelaine wrote:With: http://www.express.co.uk/news/uk/554107/McCanns-will-lose-1m-trial-Portuguese-judge-s-initial-findings-against-Kate-and-Gerry

EXCLUSIVE: ‘McCanns will lose £1m libel trial’ Judge’s initial findings go against couple

The former Portuguese detective locked in a libel battle with Kate and Gerry McCann is confident of winning the case after a judge accepted some of his arguments.
Published: 00:01, Sun, January 25, 2015
By James Murray

Goncalo Amaral claimed in his book, The Truth Of The Lie, that evidence suggested Madeleine, then three, died in apartment 5a of the Ocean Club in the Algarve’s Praia da Luz in 2007.

The book became a best seller and Amaral also worked on a television documentary detailing its claims.

However, Kate and Gerry McCann sued the detective for libel, claiming the book was a “slander”.

Last week in Lisbon Judge Maria Emilia Melo e Castro set out in some detail what she had found to be proven and not proven, although she has not given her final verdict.

She did not find that because of statements in the book, documentary and a newspaper interview Kate and Gerry had been “completely destroyed” from a “moral, ethical and family point of view beyond the pain that their daughter’s absence causes them”. And she said it was not proven that they would suffer “permanent anguish, insomnia, lack of appetite and an indefinable fear”.

The judge said this psychological state existed before the publication of the book but added that it was normal for the couple to be affected by the book and they would also have “felt badly” over allegations by Mr Amaral that they hid their daughter’s body.

However, it was not possible to determine what most people think after reading Mr Amaral’s theories, she said, and she found it was not proven that the attention of the media and of people in general diminished when Amaral’s book was published.

The judge thought it was proven that some facts in the documentary and book came from police files used by the investigation team, although others did not.

At the libel trial in Lisbon last July Kate, from Rothley, Leicestershire, spent 55 minutes detailing the distress the book and follow-up documentary had caused them, revealing that details of claims had even reached their nine-year-old children, Sean and Amelie.

Kate said: “Sean asked me in October last year, ‘Mr Amaral said you hid Madeleine, didn’t he?’ I just said, ‘He did, and he has said a lot of silly things’.

“I believe that after the book things got worse and were compounded because we were in a more desperate situation and felt defeated.”

Closing her evidence, Kate said: “I do believe in freedom of speech, but I don’t believe freedom of speech means the freedom to slander.”

Heart doctor Gerry McCann told the hearing: “The book is an affront to me, my wife, my family and the people who believe in us.

“The ­documentary is even worse. It starts off that Madeleine is dead, that there is no ­abduction and essentially claims myself, my wife and our friends are liars and would be so cold and ruthless as to hide our ­daughter’s body rather than try to help her should something have happened.

“When the file was closed it was made clear there was no evidence that Madeleine was dead and no evidence Kate and I were responsible for hiding her body.”

The McCanns’ lawyer, Isabel Duarte, could not be contacted by the Sunday Express for her assessment of the judge’s findings to date.

She is hoping to win £1million in damages from Mr Amaral and has always been confident of victory.

Mr Amaral, now retired and living in Lisbon after the break-up of his marriage, went on Portuguese television on Friday morning.

In a long interview he was asked why he wrote the book, and said: “The investigation was at stake, an investigation that was never defended here in Portugal, namely by someone at the top of the Policia Judiciaria and it’s me who defends those initial months of the investigation.”

Mr Amaral said the indications given so far led him to believe that the verdict, which is expected this spring, may be “favourable” to him.

Scotland Yard officers continue to investigate Madeleine’s disappearance but have so far failed to make a breakthrough.

Châtelaine wrote:With: http://www.express.co.uk/news/uk/554107/McCanns-will-lose-1m-trial-Portuguese-judge-s-initial-findings-against-Kate-and-Gerry

So McCanns put out false press statement and Express article overturns it, great stuff Not only that, but its now common knowledge that the false statement came from Team McCann, another own goal.

The abduction story is simply no longer sustainable imo, even those wearing 'The McCanns are Saints' blinkers cannot avoid the sweeping downward turns in the parents' fortunes. Donations have fallen dramatically, Scotland Yard were digging for a body and are openly talking about murder. As the alibis and timescales given by the parents and the friends do not allow for murder by a stranger, I'd say they now find themselves in check mate.

I won't even pretend to under the Portuguese Justice system, but here in the UK and indeed many other countries, if you lose a huge libel suit, you pretty much lose everything. The costs of this case will be phenomenal, far more than the £750k they have in the Fund, and more indeed than their home is worth. That is of course, before the Defendants begin any counter suits or those who have paid out demand their money back.

Thanks to the interview given by Goncalo Amaral, and the refreshingly clear Blacksmith opinion, the end appears to be in sight. The McCanns may of course receive a nominal award, but I doubt they will get costs, and 6 years litigation with the best lawyers money can buy, would wipe anyone out, and its probably the reason the millionaire backers are no longer on the scene. As an ex legal secretary, I encountered several vexatious litigants, they always kept going until they lost absolutely everything.

There are a number of examples of rogues who have lost everything through the libel courts and malicious claims, and a few who have ended up in prison as a result. Confucius was spot on when he said 'before you embark on a journey of revenge, dig two graves'. The repercussions from this loss are potentially devastating - without the buffer of millions in the Madeleine Fund, the McCanns are now as open to investigation as any other parents who make false claims about the disappearance of their child.

The Express is getting ready it seems - that half a million settlement in 2008 has to be recouped somehow. 

Whereas the compensation paid to Murat was a combined effort - I think the average pay-out per paper was about  £ 60.000,- . 

I expect Sky and the Murdoch  group were not sued? Considering what close buddies TM and the Sun were. 
Never thought of it like that before.

So this is what readers of the Sunday Express are having delivered to their door this morning.

Surely even the most blinkered of them will think 'Hang on, if the judge has ruled that many of the accusations the McCanns levelled at the policeman are unproven, that means there must be truth in what he says'. And then hopefully a lot, or even some of them will reach for the mouse and start Googling.

It really doesn't surprise me that it's the Express who's first out of the starting blocks, either. They'll have bitter memories and a vindication of Goncalo could be the start of their own vindication... Just my musing.

And, meanwhile, Ms Duarte continues to be elusive. Her continued absence is becoming literally remarkable. Why isn't she at their side now,  at this critical time?

Dee Coy wrote:

And, meanwhile, Ms Duarte continues to be elusive. Her continued absence is becoming literally remarkable. Why isn't she at their side now,  at this critical time?

Maybe she has read the quote on Textusa/

"Those that defend the indefensible use reasons beyond reason itself"

"Heart doctor Gerry McCann told the hearing: “The book is an affront to me, my wife, my family and the people who believe in us."




Take out just two letters and it's correct: and the people who believe us...
 btw it is a strange formulation - one believes  IN God, Freedom, Justice etc. not so much in people unless they are well 'above' us or more of an abstract concept. 

Just my nit- picking.

Or: the first group is distinct from the second group: there is the family and the McCanns who are affronted by the book for reasons of their own. 
The second group of non-specified people who  believe 'in' the McCanns.

Dee Coy wrote:

And, meanwhile, Ms Duarte continues to be elusive. Her continued absence is becoming literally remarkable. Why isn't she at their side now,  at this critical time?

Probably in a hellish lair.

snipped

The McCanns’ lawyer, Isabel Duarte, could not be contacted by the Sunday Express for her assessment of the judge’s findings to date

Not a peep from Isabel, or the McCanns or even their spokesman, and worse still, not even a dickie bird from a 'source'

I just wish the Express had used different pics - the one of GA isn`t very endearing.

So I`m not 100% happy with the article.

Mimi wrote:I just wish the Express had used different pics - the one of GA isn`t very endearing.

So I`m not 100% happy with the article.

This one, I thought it ok??

It seems okay to me too.

There were far worse ones to accompany earlier articles about drunken sardine munchers.

Tigger wrote:"Heart doctor Gerry McCann told the hearing: “The book is an affront to me, my wife, my family and the people who believe in us."




Take out just two letters and it's correct: and the people who believe us...
 btw it is a strange formulation - one believes  IN God, Freedom, Justice etc. not so much in people unless they are well 'above' us or more of an abstract concept. 

Just my nit- picking.

Or: the first group is distinct from the second group: there is the family and the McCanns who are affronted by the book for reasons of their own. 
The second group of non-specified people who  believe 'in' the McCanns.

I thought that was strange wording too Tigger, but he has certainly listed his priorities in the correct order, list begins with ME, then MY WIFE, the pair of them are of course intertwined in their endeavours to keep their sorry arses out of jail and their fates will run parallel.

I know you too are interested in the psychological stuff surrounding this odd pair Tigger and I wonder if you have looked at the phenomenon of Folie a deux - madness shared by two people? I think it could apply to the Mr and Mrs, who have done some pretty crazy stuff and seem to believe their own lies and their own victim status.

So not an affront to MADELEINE then? Mind you, she stopped getting even a mention a long, long time ago.

There's also this, wortha read - http://portugalresident.com/as-dust-settles-on-judge%E2%80%99s-findings-mccann-%E2%82%AC12-million-%E2%80%9Clibel-win%E2%80%9D-looks-distinctly-shaky

candyfloss wrote:

Mimi wrote:I just wish the Express had used different pics - the one of GA isn`t very endearing.

So I`m not 100% happy with the article.

This one, I thought it ok??

Methinks he looks a bit `gangland` in that one.

Prefer something like this :

And the people who believe IN us? That's like saying people believe in them without any evidence for it. People who BELIEVE US would have been more convincing I think. Just my thoughts on his strange wording.

[quote="Tigger"]"Heart doctor Gerry McCann told the hearing: “The book is an affront to me, my wife, my family and the people who believe in us."




Take out just two letters and it's correct: and the people who believe us...
 btw it is a strange formulation - one believes  IN God, Freedom, Justice etc. not so much in people unless they are well 'above' us or more of an abstract concept. 

Precisely what went through my head when I read it ....who does he think he is!

End wrote:

Tigger wrote:"Heart doctor Gerry McCann told the hearing: “The book is an affront to me, my wife, my family and the people who believe in us."




Take out just two letters and it's correct: and the people who believe us...
 btw it is a strange formulation - one believes  IN God, Freedom, Justice etc. not so much in people unless they are well 'above' us or more of an abstract concept. 

Precisely what went through my head when I read it ....who does he think he is!  

Ah well, you've outlined the whole 'fons et origin' of tbe whole McCann affair:  who does Gerald McCann think he is?' 

We know....

If they had just walked away in 2008 after the archiving and gone to ground, none of this would have happened, the world would have forgotten about the McCanns, but no, they had to keep pushing and pushing, they desperately wanted to be "officially declared innocent" and of course had got used to being celebs, raking in the cash, and I think that it is that arrogance and greed which will ultimately be their downfall IMO

susible wrote:If they had just walked away in 2008 after the archiving and gone to ground, none of this would have happened, the world would have forgotten about the McCanns, but no, they had to keep pushing and pushing, they desperately wanted to be "officially declared innocent" and of course had got used to being celebs, raking in the cash, and I think that it is that arrogance and greed which will ultimately be their downfall IMO

It could be that they took a deal from tptb ?

Once you are officially declared innocent, then you get all that you wish for and all that we can provide, director of children's chariddee, member of parliament, b level luvviedom status, own sofa show.

If you don't get declared snowy white, well you are on your own.

Imo

Yes 100% agree, I did post sometime ago a statement from Maigret where Gerry McCann now feels he has been let down, maybe by the "TPTB" we can only hope.

costello wrote:Yes 100% agree, I did post sometime ago a statement from Maigret  where Gerry McCann now feels he has been let down, maybe by the "TPTB" we can only hope.

Sorry, what's the "TPTB"?

The Powers That Be?

Châtelaine wrote:The Powers That Be?

Ah. Thanks. Why the acronym, I wonder?

IIRC it's shorter and quicker to write.

IMHO.

Sorry etc...