“Textusa 21 Mar 2017, 17:25:00
http://www.stj.pt/ficheiros/tabelas/Decididas/Civeis/1s-2017-03-21.pdf
Mr Amaral has won
YESSSSSS”
“Indeferido” means rejected.
Now, we are curious as to what the reaction on the British media will be. Any bets?
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Will there be an explanation given out by the court at a later date? If so how long do you think this will take? I have followed your site for years now, thank you so much for your work.
ReplyDeleteSo happy about this correct and predicted decision. Please don't tell me they even have a glimmer of hope of appealing to the ECHR?
ReplyDelete18.52
Deletehttp://www.echr.coe.int/Documents/Your_Application_ENG.pdf
See page 7
Even if case is accepted it would have no suspensive effect on the SCJ.
The Court receives 55k applications per annum. And has even more currently pending.
https://www.unlockthelaw.co.uk/how-to-make-an-application-to-the-european-court-of-human-rights.html
DeleteSee no significant disadvantage section
I don't think Mcs case would meet this criteria
At the ECHR they could only object to the conclusion, in this particular case, that freedom of speech prevailed honour.
DeleteThe guilty or not guilty topic wouldn't be contemplated. On what could they built their "as far as we were aware of" ? They are not illiterate, they're doctors, and they're not hard up, they're backed by a fund able to pay the best translators and lawyers.
Brilliant news! Synchronised glasses of Vin Rouge raised to Mr Amaral.
ReplyDeleteI hope he writes an extra chapter on what has happened with the legal proceedings and publishes the book in U.K.
Thanks again for all your amazing posts and keeping the good, decent rational people in the loop. Onwards and Upwards! Salute! - Cheers!
Excellent news. Wonder how the red tops in Britain will spin this.
ReplyDeleteVery good news. For Mr. Amaral and for all truth seeking people in this case.
ReplyDeleteSorry to say, but the truth as well as Gonçalo Amaral are missing !
DeleteWill there be a written response from the Supreme Court regarding the dismissed complaint, or is 'REJECTED' the final comment from the judges?
ReplyDeleteGreat news but what other conclusion could there be? The SC Judges explained their original decision clearly enough. I looked on Twitter a few minutes ago and nothing about this latest news even there as yet ... the McCanns are obviously not as important as they seem to think they are. But I agree it will be very interesting to see how and when MSM report it.
ReplyDeleteSo very pleased for Sr Amaral x
Hi Textusa
ReplyDeleteA good day.
I'm betting the reaction in the media will be one publishing their 'Very dissapointed...we are exploring all possibilities... blah.. doesn't hinder our search...' comments. But I reckon there will be a mention of Where does leave them legally in Portugal now? - Sugesstions of an uncomfortable uncertainty.
I think this is the greatest external pressure, public awakening, and isolation from privilege I can remember since 2007.
Social media, Euro politics, UK domestic affairs, media frenzy and now this .. plus waiting for the publication of the court.
That's a lot of UK resourcing to assign. Perhaps too much!
'There comes a time in a man's life.... enough is enough' - Lance Armstrong, pretending his time was his idea.
GP.
Hi Textusa Great news indeed. Although I think we all knew it would be the result, the speed of the decision is really encouraging. Regarding the mysterious new witness..Could it ever be...somebody close the the drama...so to speak?
ReplyDeletehttp://portugalresident.com/mccann%E2%80%99s-%E2%80%9Cfrivolity%E2%80%9D-complaint-rejected-gon%C3%A7alo-amaral%E2%80%99s-%E2%80%98libel-win%E2%80%99-confirmed-for-3rd-time
ReplyDeletePosted by portugalpress on March 21, 2017
McCann’s “frivolity” complaint rejected. Gonçalo Amaral’s ‘libel win’ confirmed for 3rd time
This may be the end of the line for the long-running civil case taken out by the parents of Madeleine McCann to ‘silence’ their bête-noir, former PJ coordinator Gonçalo Amaral.
After all the hullaballoo and recriminations filling UK tabloids, Supreme court judge Dr Jorge Manuel Roque Nogueira has rejected the complaint lodged by Kate and Gerry McCann over what they considered a frivolous decision by fellow judges to uphold Gonçalo Amaral’s right to freedom of expression, sanctioning the intrinsic legality of his damning thesis ‘Maddie: the Truth of the Lie’.
Roque Nogueira’s decision, taken earlier today and published in PDF format online, means that Amaral has won the case for the third and possibly final time.
There is no higher court in Portugal to which the McCanns can take this fight - and the grounds for appeal to the European Court of Human Rights are “highly dubious”, said a source, particularly as Supreme Court judges referred to tenets set out by the ECHR in their 75-page deliberation.
For Amaral who has remained silent through this last tense stand-off over the Supreme Court ruling in January, the decision today means that finally his assets and property should be ‘unfrozen’, allowing him to return to the full control of his life.
As blogwriter Joana Morais has commented, Roque Nogueira’s decision came “sooner than we expected” and was “no doubt due to the weaknesses of the reasoning presented in the request for annulment of the Supreme Court’s ruling”.
For now, there has been no reaction from either the McCanns in UK, or their Portuguese legal team over here.
UK tabloids appear not yet to have the news.
natasha.donn@algarveresident.com
The overruling wasn't decided by Roque Nogueira, but by the plenary assembly. Furthermore what was at stake wasn't the ruling's conclusion, but the detailed (allegedly frivolous) reply to the claim of innocence, a notion that by the way isn't juridical : "Guilty or not guilty ?", never "Innocent or not innocent?".
Deleteadmire anyone who stands up for truth in spite of hardship, adversity and persecution
ReplyDeleteAwesome news!!!!!
ReplyDeleteAnd so it begins...
ReplyDeletehttps://www.thesun.co.uk/news/3143412/british-couple-reveal-moment-they-feared-their-toddler-could-be-next-madeleine-mccann-as-maid-tried-to-snatch-her-on-holiday/
Anonymous 21 Mar 2017, 21:45:00,
DeleteInteresting. Something happened on February 28 and only now, by coincidence is reported.
Clearly pulling a sympathy card for the Mcs without using their names to react.
One is reminded of Kate and the Missing Choir but this one is quite lame, not to say pathetic.
Could you explain how this post fits in to no neglect please .....as it is being used to show you agree with neglect elsewhere.......thanks in advance!
ReplyDeletehttp://textusa.blogspot.co.uk/2009/05/kate-mccann-confesses-finally.html
Anonymous 21 Mar 2017, 21:47:00,
DeleteThat post was reacting to the Mockumentary in 2009.
In fact, it contributes significantly to prove the non-neglect as it proves Kate McCann is lying blatantly about the bedroom door and how "they left it", meaning the checking was a made-up story.
And about we agreeing with neglect, it just proves that anyone can say anything, doesn't it?
Deletehttp://www.9news.com.au/world/2017/03/22/12/26/kate-gerry-mccann-fail-to-stop-court-ruling-not-innocent-in-madeleine-disappearance
ReplyDeleteCrime
12:26pm March 22, 2017
McCanns fail to stop 'not innocent' ruling in Madeleine's disappearance
By
Mark Saunokonoko
Kate and Gerry McCann were dealt a damaging blow today after a Supreme Court rejected a formal complaint against a ruling which stated they were not innocent in the disappearance of Madeleine.
The McCanns have been engaged in a protracted and expensive eight-year legal battle, using money from the Find Madeleine Fund, to silence a detective who authored a book that claimed they faked their daughter's abduction and covered up her death.
Last month, Portugal's Supreme Court upheld a 2016 ruling that Goncalo Amaral's 2008 book 'The Truth of the Lie' was indeed exercising his legal right to freedom of expression.
In February's ruling the judges also declared the lifting of Kate and Gerry's 'arguidos' status (a kind of formal suspect), and the 2008 archiving of the criminal investigation into Maddie's disappearance, did not mean they were innocent.
Lawyers for the McCanns, who have steadfastly claimed Maddie was abducted, described the Supreme Court's assertion as "erroneous" and "frivolous". They immediately laid the formal complaint.
Today, Supreme Court judge Dr Jorge Manuel Roque Nogueira threw that complaint out.
Amaral oversaw the original investigation into Madeleine's disappearance from the family's holiday apartment on May 3, 2007.
The McCanns were made 'arguidos' in the days following a cadaver and blood dog search that saw alerts made inside the family's holiday apartment and also a rental car Kate and Gerry hired 25 days after Maddie vanished.
The cadaver dog, trained to detect the odour of dead bodies, also registered hits on Maddie's favourite cuddly toy, Cuddle Cat, and two items of Kate's clothing.
Amaral was controversially removed from the investigation in October 2007, after he was deemed to have been critical of British police in an interview with a Portuguese newspaper.
The Portuguese detective later wrote a book based on the Madeleine case, and released it three days after the case was officially shelved, which was also when 'arguidos' status was lifted from the McCanns.
Amaral's book theorised Maddie had died in apartment 5A, and her body had been disposed of by Kate and Gerry.
In 2009, the McCanns launched a class action suit against Amaral and won an injunction against his book.
Those legal maneuverings resulted in the freezing of Amaral's assets, and also the immediate seizure of a bounty of his books.
However, in October, 2010, that decision was overturned by the Court of Appeal in Lisbon, which ruled the injunction had violated Amaral's freedom of expression.
That judgement set the wheels in motion for a showdown that threatened to financially ruin the ex-police chief.
In April 2015 Amaral was ordered to pay $704,000 plus interest in damages.
But with the help of almost $100,000 in donations from his supporters, Amaral challenged the libel ruling and won, at the same time successfully overturning the ban on his book.
(Cont.)
(Cont.)
ReplyDeleteThe McCanns quickly lodged an appeal with Portugal's Supreme Court, which was rejected this year in February.
The 76-page ruling by the Supreme Court stated that no one should infer guilt or innocence on the McCanns based on their judgement.
"It should not be said that the appellants [McCanns] were cleared via the ruling announcing the archiving of the criminal case," according to public court documents.
"In truth, 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.
"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."
Amaral has reportedly authored a second, yet-to-published, book about Madeleine's disappearance.
The McCanns are believed to have one final avenue to challenge today's decision – by lodging an appeal with the European Court of Human Rights.
NEXT UP: More crime scene insights my Pat Brown interview; follow me on Twitter for next instalment
READ MORE: McCann's reaction to sniffer dogs in apartment and rental car 'didn't make sense'
READ MORE: Abduction theories blasted as ridiculous; 'Maddie likely dead', crime expert claims
© Nine Digital Pty Ltd 2017
We would like to call the attention of our readers to something that happened yesterday when we published this post.
ReplyDeleteWe published at 21 Mar 2017, 18:29:00. A mere 8 minutes later, we received this comment, which, evidently was the first one:
“Anonymous has left a new comment on your post "The McCanns have LOST":
Things are moving along.....
Off topic, apologies: Have you ever covered the fact that both Gerry and Kate are trained, experienced doctors and how much this could go towards helping them 'cope' with whatever tragedy befell Madeleine? I personally feel this has been overlooked (generally, not by yourselves specifically).
Thank you for all you do.
Posted by Anonymous to Textusa at 21 Mar 2017, 18:37:00”
At a time to CELEBRATE, we were quite surprised for the first words of CELEBRATION to be a laconic “Things are moving along.....”
But we published the comment, some readers may have seen it. We replied that we were busy CELEBRATING and would respond later.
But then, at 18:59, 22 minutes later, and with only 2 other comments on topic – to be clear, CELEBRATING the McCann defeat – we received this comment of an alleged different reader, wanting to feed a discussion about something completely off-topic:
“Anonymous has left a new comment on your post "The McCanns have LOST":
Actually no, I've never overlooked the fact they are professionals, in particular doctors. I once put forward a theory of why doctors\nurses would react to a situation.
It was COLD and dead. You see people can die but neglect is a proven entity of care, if they are 'cold' read that also to mean beyond resuscitation.
Unlike the public health professions know cold & dead is far different from warm and dead.
Let you draw your own conclusions.
Cold and dead does not tick the box!
Posted by Anonymous to Textusa at 21 Mar 2017, 18:59:00”
We assessed that it was not opportune and that it was distracting taking away the attention of what we really wanted the focus on, which was, again, to CELEBRATE the McCann defeat, so we deleted the comment from Anonymous at 21 Mar 2017, 18:37:00 and our reply and decided not to publish the comment from Anonymous at 21 Mar 2017, 18:59:00.
Hope this answers this comment we received this morning:
“Anonymous has left a new comment on your post "The McCanns have LOST":
I'm wondering why my comment, published here last night, has now gone? It was the very first comment.
Posted by Anonymous to Textusa at 22 Mar 2017, 09:07:00”
As always, we will leave up to the readers to make up their minds about the comments above and our decision on them.
I understand that you wanted to celebrate and not have the topic lead astray, that's why I apologised that it was off topic, it is just something that has been on my mind. Thank you for explaining what happened. Best wishes as always.
DeleteAnonymous 22 Mar 2017, 09:53:00,
DeleteAnswering your initial question, we believe that it is the fact they were doctors that explains the blood spatters found in the apartment.
We believe they are the result of an unfortunately unsuccessful unblocking of Maddie’s airways.
Only people with medical background would be able to do that, or even think of doing that.
Yes, agreed. Also, the part where they are trained to deliver bad news to relatives, I believe would help them with their subsequent public appearances, just my opinion.
DeleteI'm sorry I dampened the celebrations last night, really, I guess I feel jaded re the whole thing, been following for years now. I will really celebrate when the truth is revealed and true justice is done, although nothing will bring poor Madeleine back now.
Thank you again for replying.
Death silent UK press and tabloids. Working hard to write down a point of view, I suppose. Or 'wisely' decided to go in McCann lockdown. At least for some time. Says a lot about what this has been for almost 10 years now: a mess.
ReplyDeleteWake me when The Sun goes up.
Hi Textusa, elated at the latest news for Dr. Amaral. The silence in the red-tops is amusing, given that they were so desperate for an abduction story yesterday that they ran that drivel from Cyprus. Just reading your reply re. resuscitation. Do you have a post about it which I could read?
ReplyDeleteAnonymous 22 Mar 2017, 11:48:00,
DeleteAbout that specifically we haven’t done a post yet. The posts about the vestiges found in the living room we have written are these:
http://textusa.blogspot.pt/2013/06/clean-party-floor-phenomenon.html
http://textusa.blogspot.pt/2013/08/super-kid.html
http://textusa.blogspot.pt/2013/09/dna-is-dna.html
http://textusa.blogspot.pt/2013/10/remarkable-marksmanship.html
http://textusa.blogspot.pt/2013/11/dna-bar-code_1.html
http://textusa.blogspot.pt/2013/11/perhaps-confusing.html
http://textusa.blogspot.pt/2013/11/fss-its-maddies-blood.html
http://textusa.blogspot.pt/2013/12/does-size-matter.html
Thanks.Have read these.Terrific research and insights. Much respect!
DeleteSunrise, finally! Same old drivel.
ReplyDeletehttps://www.thesun.co.uk/news/3149599/madeleine-mccanns-parents-kate-and-gerry-lose-third-libel-battle-to-silence-cop-who-claimed-they-fake-her-kidnap/
ReplyDeleteMORE MADDIE AGONY
Madeleine McCann’s parents Kate and Gerry ‘lose third libel battle to silence cop who claimed they faked her kidnap’
Portugal's highest court dismissed Gerry and Kate's bid to overturn a ruling that Goncalo Amaral did not libel them in tell-all book
By Danny Collins
22nd March 2017, 11:38 am
Updated: 22nd March 2017, 11:54 am
MADDIE McCann’s parents have lost a third and ‘final’ appeal against claims made in a book by the policeman who oversaw the hunt for their daughter, it is reported.
Portugal’s highest court dismissed Gerry and Kate’s bid to overturn a court’s ruling that Goncalo Amaral had not libelled them in a tell-all book.
The Truth Of The Lie alleged the youngster had died and Kate and Gerry McCann covered it up.
Supreme court judge Dr Jorge Manuel Roque Nogueira dismissed the McCann’s claim on Wednesday, Portugal Resident reported today.
It is the third time a Portuguese court has upheld Amaral’s right to freedom of expression.
n a nine-page legal complaint they had sought to invalidate the ruling accusing the Portuguese judges of “contradictions” and acting “frivolously”.
There is no higher Portuguese court to which Maddie’s parents can now take their claim.
In the book, it is claimed Maddie died in the family’s holiday flat in Praia Da Luz and her parents faked her abduction to cover up the tragedy.
The book was released just three days after Gerry and Kate were told their status as formal suspects had been lifted in July 2008.
Amaral is understood to have earned £344,000 from his book before it was initially banned
More to follow
Finally! Sun article about the court decision: FRESH AGONY etc... But factual, I have to say. What I try to understand is the reappearance of Kate's 'appeal' video. Very strange.
ReplyDeleteIsn't 'fresh agony' factual?
DeleteAgreed.
Deletehttp://www.dailymail.co.uk/news/article-4338616/McCanns-lose-final-court-case-silence-policeman.html
ReplyDeleteMadeleine McCann's parents lose third libel case to silence detective who claimed they faked their daughter's abduction
Maddie: The Truth of the Lie was written by ex police chief Gonçalo Amaral
He claims McCanns faked Madeleine's abduction knowing she was already dead
Kate and Gerry McCann have angrily protested against the book in a long battle
Supreme court ruled in favour of Amaral and McCanns have nowhere to turn
By Gareth Davies For Mailonline
Published: 12:58 GMT, 22 March 2017 | Updated: 13:25 GMT, 22 March 2017
Kate and Gerry McCann have lost the third and final court case to silence a police officer who claims they faked the disappearance of their daughter Maddie.
Maddie: The Truth of the Lie was penned by Gonçalo Amaral, the policeman who headed up the hunt for Madeleine McCann after she vanished from a Portuguese apartment.
A supreme court judge ruled in favour of the officer, upholding what he called his right to freedom of expression.
There is no higher court in Portugal, meaning it appears the McCanns have expended all their options.
The book claims the McCanns faked their daughter's abduction, according to local press.
Maddie's parents Gerry and Kate, who were eating tapas in a bar in the Algarve when their daughter went missing, were hit with the fresh blow of anguish after a long civil battle.
Last month, The Portuguese Supreme Court ruled they had not proved they were innocent in the disappearance.
The McCanns accused the Supreme Court judges who ruled against them in their court fight with ex-police chief Goncalo Amaral of nonsensical 'contradictions'.
Furious Gerry and Kate made it clear through lawyers that they strongly disagreed with the judges' 'erroneous' premise the lifting of their status as 'arguidos' or formal suspects did not mean they were innocent of any involvement in their daughter's May 3, 2007 disappearance.
Portugal's Supreme Court issued its devastating put-down in February when it backed Amaral over his hurtful 2008 book The Truth of the Lie in which he claimed the McCanns faked Madeleine's abduction to cover up her death in their Algarve holiday apartment.
Judges angered the McCanns by claiming the July 2008 archiving of the first Portuguese probe into their daughter's disappearance 'was determined by the fact that public prosecutors hadn't managed to obtain sufficient evidence of the practice of crimes' by them.
The couple's fight-back was laid out in a nine-page complaint.
It was lodged with the Supreme Court in February in a bid to invalidate its ruling rejecting the McCanns' libel appeal against Amaral and the makers of a TV documentary based on his book.
The document, drafted by the McCanns' Portuguese lawyer Isabel Duarte and her colleague Ricardo Correia, says: 'The appellants understand the archiving of the case took place because during the inquiry, sufficient evidence had been collected to show the 'arguidos' had not committed any crime.'
They said the removal of the McCanns' 'arguido' status had legally binding connotations and claimed the Supreme Court judges' argument 'lacked foundation and could be easily altered'.
Accusing them of acting 'frivolously' and contradicting themselves with their statements about the reasons for the 2008 probe archive, they added: 'It cannot be stated that it is not acceptable that the archiving of the case is considered the equivalent to proof of innocence.'
(Cont.)
(Cont.)
ReplyDeleteMrs Duarte confirmed at the time the McCanns had lodged a formal complaint against the latest court ruling, although she declined to go into detail about why and how they were fighting it.
This has now been ruled upon, and they lost again.
Kate and Gerry of Rothley, Leicestershire, have said they will sue if 'The Truth of the Lie' is sold in Britain.
They said in a statement after learning of a previous Supreme Court ruling against them: 'What we have been told by our lawyers is obviously extremely disappointing.
'It is eight years since we brought the action, and in that time the landscape has changed dramatically, namely there is now a joint Metropolitan Police and Policia Judiciaria investigation which is what we have always wanted.
'The police in both countries continue to work on the basis that there is no evidence Madeleine has come to physical harm.
'We will of course be discussing the implications of the Supreme Court ruling with our lawyers in due course.'
It is believed the McCanns are discussing the possibility of taking the case to the European Court of Human Rights.
Just last week the parents of tragic Maddie faced fresh heartbreak after a criminal investigator made an outrageous claim that their daughter 'died in the apartment'.
Moita Flores, a Portuguese crime expert, has lashed out at Kate, 49, and Gerry McCann, 48, as they approach the 10th anniversary of Maddie's disappearance.
Mr Flores, who was once involved with the Policia Judiciaria - who conducted the initial search - said: 'Maddie died in that apartment, I have no doubt.'
His outburst was reported on a Portuguese website and he questioned: 'Why this child when there are so many others who have disappeared?'
Madeleine McCann disappeared from apartment 5a at the Ocean Complex in Praia da Luz in May 2007.
Gerry and Kate still hold hope that their eldest daughter, who would now be 13, is still alive despite being missing for close to a decade.
This could be Operation Grange's final year of searching for the missing child.
They have been concentrating on the notion that she was sold by child traffickers – her parents' and their first team of private investigators' initial hunch – and could still be alive.
So far the inquiry, launched in May 2011 on orders of then Prime Minister David Cameron, has cost more than £12million with topped-up funds set to run out at the end of March.
Read more:
http://portugalresident.com/mccann%E2%80%99s-%E2%80%9Cfrivolity%E2%80%9D-complaint-rejected-gon%C3%A7alo-amaral%E2%80%99s-%E2%80%98libel-win%E2%80%99-confirmed-for-3rd-time
Textusa!!! To say that I am delighted would be an understatement ,lets see how the 10th anniversary goes now for the "devastated parents" will they cancel it,I doubt it, they,ve been living a lie for 10 years ,so it,ll be just another day at the office!!, but hey,I am celebrating big time,thanks Tex and team ,Lynn.
ReplyDeleteBonjour Textusa,
ReplyDelete3 of mine previous comments were recently
abducted/kidnapped/taken ? Tired to write for nothing (nobody).
New try today to say : THANK YOU TEXTUSA. Happy for your celebrating. Happy for Senior AMARAL.
From Brussel for you all good people al over the world and especially today for the English. COURAGE.
https://www.noticiasaominuto.com/pais/762514/supremo-tribunal-de-justica-nega-recurso-dos-mccann-contra-goncalo-amaral
ReplyDeleteSupremo Tribunal de Justiça nega recurso dos McCann contra Gonçalo Amaral
O STJ havia confirmado em janeiro a decisão do Tribunal da Relação de Lisboa, de 19 de abril de 2016, a revogar a sentença que obrigava Gonçalo Amaral a pagar uma indemnização de 500 mil euros ao casal McCann, pais da criança inglesa desaparecida no Algarve, por danos causados com a publicação do livro intitulado 'Maddie: A Verdade da Mentira'.
Inconformados com o acórdão do Supremo, proferido a 31 de dezembro de 2016, o casal McCann intentou um recurso de revista, relacionado com a fundamentação da decisão, tendo o STJ decidido, em conferência da 1/a secção cível efetuada na terça-feira, recusar a revisão da decisão.
A decisão agora tomada teve como relator Roque Nogueira e como adjuntos Alexandre Reis e Pedro Lima Gonçalves, os mesmos juízes conselheiros que haviam proferido o acórdão do STJ, em dezembro.
No livro, o ex-inspetor da PJ levantava suspeitas de que Kate Marie Healy McCann e Gerald Patrick McCann estariam envolvidos no desaparecimento da própria filha, Madeleine McCann, num aldeamento turístico na praia da Luz, Algarve.
Segundo explicou então fonte do STJ, a decisão do Supremo confirmou os fundamentos que estiveram na origem da decisão da Relação de revogar o pagamento da indemnização deliberada pela primeira instância cível.
A mesma fonte precisou que os juízes conselheiros do Supremo Tribunal de Justiça entenderam que, "numa situação de conflito entre o direito à honra e o direito à liberdade de expressão, o critério da ponderação de interesses, atuando segundo o princípio da proporcionalidade e a especificidade do caso, aponta no sentido de ser a liberdade de expressão do réu (Gonçalo Amaral) credora de maior proteção".
A 19 de abril de 2016, o Tribunal da Relação de Lisboa reconheceu a Gonçalo Amaral o direito constitucional a exprimir a sua opinião e revogou a decisão que obrigava o ex-inspetor da PJ a pagar uma indemnização ao casal inglês.
A Relação revogou também a proibição de comercialização do livro escrito por Gonçalo Amaral, que constava da sentença da primeira instância.
Antes, em janeiro de 2015, o tribunal cível de Lisboa (Palácio da Justiça) condenou Gonçalo Amaral "a pagar a cada um" dos elementos do casal Kate McCann e Gearald McCann, "o montante indemnizatório de 250.000,00 (duzentos e cinquenta mil euros), acrescido de juros de mora, à taxa legal de juros civis, desde 05 de janeiro de 2010, até integral pagamento".
Além deste pagamento, o tribunal decretou ainda a proibição da venda e de novas edições do livro, proibindo ainda novas edições do DVD, assim como a transação dos direitos de autor do livro e do DVD.
O mesmo tribunal já tinha dado como provado que o livro do ex-inspetor da PJ Gonçalo Amaral causara danos aos pais de Madeleine McCann.
A defesa dos pais da criança desaparecida alegou que o livro foi dado como pronto três dias depois de o procurador da República de Portimão, Magalhães Menezes, ter redigido o despacho de arquivamento do processo contra o casal McCann, com data de notificação de 29 de julho de 2008.
Para a elaboração do livro, em que o ex-coordenador do Departamento de Investigação Criminal da PJ de Portimão Gonçalo Amaral defendeu a tese de que os pais de Madeleine estiveram envolvidos no desaparecimento e na ocultação do cadáver da criança, a advogada da família britânica, Isabel Duarte, sustentou que o autor usou peças processuais não autorizadas e proibidas.
Madeleine McCann desapareceu em maio de 2007, quando tinha quatro anos, num aldeamento turístico da aldeia da Luz, Lagos, onde a família se encontrava em férias.
This "noticias ao minuto" is copycat of CdM article, same errors. And they call themselves "journalists" !
ReplyDeleteIts great news from Portugal -and especially pleasing as they didn't take much time in announcing it had been rejected.. But what next in this sorry saga..? I hope the end is nigh
ReplyDeleteIt didn't tale much time because, referring to the STJ, this extremely rare kind of "arguição" is always frivolous : a judge forgot to sign... that kind of thing. Dra Duarte certainly didn't need this to go to Strasbourg. And let's hope they go !
ReplyDeleteI bet they to go to Strasbourg. It will take years if it is considered acceptable. But there's nothing else left for them. Time is on their side. When the decision comes, who will remember the MCs ?
ReplyDeleteThat's what we call in Dutch 'een cadeau uit de hemel' (a gift from heaven). But ... in that case they also will 'disappear' from the media for some years. Unless they keep 'celebrating' late Madeleine's 'abduction' (no doubt about that), keep calling the public for help in their continuing 'search' of the unfindable (idem), or ask Adèle to write a heartbreaking song about the incurable pain of missing. Of course, Mr. Amaral can keep them in the 'news' too. By publishing his second book. Interesting times ahead.
DeleteDisagree Anne
DeleteThe ECHR is about rights and not to determine if people are innocent or not. From what I've read, doesn't have suspensive effects in Portugal so the McCanns will still have to pay. Also it would be unwise to appeal to a European court now that Britain is leaving Europe. IMO
http://www.dailystar.co.uk/news/latest-news/599164/madeleine-mccann-fund-cop-parents
ReplyDeleteFund set up to help find missing Madeleine McCann could be wiped out
THE fund set up to help find Madeleine McCann could be wiped out, it has emerged.
By Jerry Lawton / Published 23rd March 2017
Her parents have lost a third court battle against the former detective who insists she is dead.
A Portuguese judge dismissed Kate and Gerry’s claim that an earlier Supreme Court ruling in favour of Goncalo Amaral was erroneous and contained contradictions.
The doctors, from Rothley, Leics, must now pay Mr Amaral’s legal costs for a series of hearings.
No figure has been agreed but it will be six fi gures and could use up all the cash left in the fund set up to help find Madeleine if trustees agree to release the cash.
The couple were said to be “disappointed but not surprised” by the ruling. Spokesman Clarence Mitchell said: “This is just another part of the legal challenge.”
He refused to say if they planned to go to the European Court of Human Rights. But if they lost there it could bankrupt them.
Mr Mitchell said future possible action was “a matter for Kate and Gerry’s lawyers in Portugal”. The fund stands at £714,800.
http://www.express.co.uk/news/uk/782719/Kate-and-Gerry-McCann-lose-another-court-battle
ReplyDeleteMcCanns lose again in Maddie book row
KATE and Gerry McCann have lost another court battle in their bid to silence claims they faked their daughter Madeleine’s disappearance.
PUBLISHED: 00:01, Thu, Mar 23, 2017
A Portuguese supreme court judge has again backed local ex-police chief Goncalo Amaral’s right to make the allegation in his book about the case.
The publication, The Truth Of The Lie, sensationally claims Gerry, 48, and Kate McCann, 49, faked missing Madeleine’s abduction.
The couple, whose daughter vanished during a family holiday on the Portuguese Algarve in 2007, now have only the European Court of Human Rights to go to in their battle with Mr Amaral
The McCanns launched an appeal last month after the Portuguese supreme court ruled they had not proved they were innocent of involvement.
But after hearing their nine-page complaint, the supreme court has again backed Mr Amaral.
Kate and Gerry, of Rothley, Leicestershire, who have warned they will sue if The Truth Of The Lie is sold in Britain, said after yesterday’s court’s ruling: “It is obviously extremely disappointing.”
The McCanns still hope that their eldest daughter, who would now be 13, is alive despite being missing for close to a decade.
The Met Police’s Operation Grange investigation into the case has cost over £12million.
http://www.mirror.co.uk/news/uk-news/madeleine-mccanns-parents-lose-final-10077789
ReplyDeleteMadeleine McCann’s parents lose final appeal to silence cop who claims they faked abduction
Kate and Gerry McCann tried to invalidate a ruling by Portuguese judges who rejected their libel appeal against Goncalo Amaral
By Martin FrickerTracey Kandohla
17:14, 22 MAR 2017
Updated22:52, 22 MAR 2017
Madeleine McCann’s parents have lost a third and final appeal to silence a former police chief who claims they faked her abduction.
Kate and Gerry McCann tried to invalidate a ruling by Portuguese judges who rejected their libel appeal against Goncalo Amaral.
The couple, from Rothley, Leics, originally sued the ex-cop after he penned a book claiming they were responsible for Madeleine’s “death”.
Mr Amaral was ordered to pay them £360,000 in damages in 2015 for the shocking claims he made in ‘The Truth of the Lie’.
He successfully overturned the ruling last April - forcing Kate and Gerry to lodge an appeal in Portugal’s Supreme Court.
Senior judges sided with the ex-cop in a behind-closed-doors hearing in Lisbon last month.
In their 76-page ruling they angered the McCanns further by saying they had not yet been proved to be innocent.
Lawyers for Kate and Gerry lodged a nine-page complaint with the court in a bid to invalidate the ruling.
But judge Jorge Manuel Roque Nogueira this week dismissed the complaint, which alleged that judges were acting “frivolously”.
They may still decide to take the case to the European courts in a last-ditch bid to win their appeal but this is considered unlikely.
Kate and Gerry were said to be “disappointed but not surprised” by the decision.
Ex-police chief Goncalo Amaral is now set to sue the couple for hundreds of thousands of pounds after winning the long-running legal battle.
Madeleine vanished from her parents’ holiday apartment in Praia da Luz as they dined with friend at a poolside tapas restaurant.
The youngster’s twin siblings Amelie and Sean, now aged 12, were sleeping in the same room.
Despite a massive police investigation in Portugal and a four-year probe by British cops, Madeleine has never been found.
http://radaronline.com/videos/madeleine-mccann-kidnapping-lawsuit-parents-bankrupt-lost-case-fired-detective-claimed-killed-child/
ReplyDeleteLiving Nightmare
Kidnapped Maddie McCann’s Desperate Parents Now Facing Bankruptcy
Missing tot’s mom and dad lost their case against a corrupt cop.
By Radar Staff
Posted on Mar 23, 2017 @ 21:33PM
Madeleine McCann’s parents are still desperately searching for their missing daughter, but in a twisted turn of events, RadarOnline.com has learned they are facing bankruptcy over a brutal legal battle with the cop who initially investigated their child’s disappearance.
Kate and Gerry McCann sued Goncalo Amaral, the first detective on their daughter’s case after he wrote a book that blamed them for Maddie’s death. He’d wrongly claimed that they killed her in their Portuguese hotel room and covered up the crime.
They won their case and he was ordered to pay them $500,000 but the Portuguese Supreme Court later over-turned their verdict.
They appealed, but a judge dismissed their claims AND ordered the McCanns to pay Amaral’s legal costs.
The Daily Star reported the McCanns could end up paying the fired detective up to six figures, taking the remaining cash from the fund that was set up to help find Maddie, if the trustees agree to the payout.
The McCanns were “disappointed but not surprised,” by the ruling, the paper reported. The family’s spokesperson, Clarence Mitchell, said: “This is just another part of the legal challenge.”
He would not confirm if they were going to the European Court of Human Rights, but a loss could bankrupt the McCanns, as the fund currently has only $900,000 left.
Still calling Mr Amaral corrupt. We do hope this represents serious consequences to this... whatever.
Delete