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    McCann family's case against Amaral - appeal being heard today

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    Sykes

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    McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Tue Jan 31, 2017 1:52 pm



    Supremo Tribunal de Justiça Descritivo:
    Tabela Homologada
    Tabela da Sessão de 31-01-2017 10:00 (1a SECÇÃO)

    Recorrente: Kate Marie Healy Mccann
    Recorrente: Gerald Patrick Mccann
    Recorrido: Gonçalo Sousa Amaral


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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Tue Jan 31, 2017 3:44 pm

    http://www.cmjornal.pt/cm-ao-minuto/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral

    Maddie's parents lose appeal against Gonçalo Amaral Former PJ inspector wins against Maddie's parents.

    The couple McCann lost the appeal in the Supreme Court against Gonçalo Amaral, former inspector of the Judiciary Police. The information is advanced by SIC Notícias. Gerry and Kate appealed to the Supreme Court against the former PJ inspector. Gonçalo Amaral who wrote a book - "Truth of the Lie" - where he argued that Maddie's parents were the real culprits for his disappearance in 2007 in Praia da Luz, Algarve. In April 2016, the Court of Appeal annulled a sentence requiring the former PJ inspector to pay compensation to the English couple. Maddie's parents have appealed to the Supreme Court: the verdict this Tuesday reveals that Kate and Gerry lost again to Gonçalo Amaral.



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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Sun Feb 05, 2017 7:23 am

    Former police chief who accused Madeleine McCann’s parents of cover-up over her death plans SECOND book after winning libel trial

    .Goncalo Amaral claims Madeleine McCann's parents covered up her death
    .He published a book in 2008 and the McCanns tried to sue him for libel
    .But they were told they could not by a judge, as it's revealed Amaral is writing another book
    .He is said to be looking for a publisher in England, though the McCanns will sue

    By Rebecca Taylor For Mailonline
    PUBLISHED: 02:00, 5 February 2017 | UPDATED: 02:00, 5 February 2017

    The police chief who won a legal battle with the parents of Madeleine McCann is writing a second book about the young girl's disappearance.
    Goncalo Amaral claims that Madeleine died in 2007 and her parents covered it up, sparking a huge police response both from the UK and abroad.
    He published a book in 2008 making his claims and Kate and Gerry McCann, parents of Madeleine, who has been missing for nearly a decade, tried to sue him for libel.

    But judges ruled Mr Amaral's 'exercise of his freedom of expression was not considered abusive' and 'was within admissible limits in a democratic and open society, which excludes the illegality of possible damage to the honour of the McCanns.'
    The couple had won 500,000 euro damages from their tormentor, whom they branded 'a poisonous liar' but, under Portuguese law, this was never handed over to them while proceedings were ongoing.

    Now the Express has claimed the former chief is putting the finishing touches on his second book.

    He is said to be on a break in Switzerland as he finishes it and is looking for a British publisher.
    A friend of the author said: 'Goncalo took no great pleasure from the court case because he fully expected to win. For him these battles in the courts are important because they protect freedom of expression.

    He could only afford to pay the legal bills thanks to donations, mainly from people in Britain, who have given more than £50,000. With the support in Britain he obviously thinks his second book on the case would sell well if translated into English and he is actively looking for a publisher.
    'He would also ask any publisher if they would be interested in publishing his first book in English.'
    The McCanns are said to be prepared to sue if the book is sold in the UK.
    Mr Amaral worked on the case when Madeleine, then three, went missing from the apartment the McCanns were staying in in Praia da Luz as Kate and Gerry ate dinner with friends.
    He was moved off the case and resigned six months later but wrote his book using police files as he put forward a theory she had died in the apartment.
    The McCanns took legal action, saying there was no evidence and his work was defamatory.
    The appeal hearing in Lisbon which ruled against the McCanns was held in private.
    A spokesperson from their lawyer's office said: 'This is a big disappointment and very bitter for us and for Mr and Mrs McCann.

    'We know the libel decision has gone against us but we do not know the basis of the ruling and will not find out until Thursday.'
    Mr Amaral, 56, who the McCanns first sued for libel in June 2009, won the lengthy legal fight after judges decided he had the 'right to freedom of expression.'
    Madeleine's parents could now lodge an appeal to the highest court in Europe, the European Court of Human Rights.
    But a source close to the exasperated couple said: 'I think the fight is finally over. They want to concentrate on finding Madeleine and don't think they have the time or energy to lodge yet another appeal.'
    Scotland Yard are busy investigating one 'last throw of the dice' lead in a bid to end the family's torment but time could be running out as police now have just two months left of guaranteed Government funding to continue to unravel an 'important' new tip.
    Detectives on the Madeleine inquiry recently revealed they are working on a final theory that the youngster was kidnapped by a European trafficking gang.
    The 'spotters' are believed to have targeted the blonde toddler taking photographs of her while she was playing on the beach and beside the pool at her holiday apartment.

    http://www.dailymail.co.uk/news/article-4192424/Madeleine-McCann-libel-trial-winner-publish-second-book.html#ixzz4XmFHOzba


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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Wed Feb 08, 2017 7:25 am

    https://www.publico.pt/2017/02/03/sociedade/noticia/os-pais-de-maddie-e-o-exinspector-da-judiciaria-em-tribunal-1760587

    FRANCISCO TEIXEIRA DA MOTA

    OPINION

    Maddie's parents and the former Judiciary inspector in court
    Silencing opinions, even if unjust, is not healthy at all!

    February 3, 2017, 6:21

    I strongly disagree with the theory defended by the former inspector of the Judicial Police Gonçalo Amaral about the possible involvement of the McCann couple in the disappearance of their daughter. For me, Maddie's parents deserve compassion and not censorship.

    But I fully agree with the recent decision of the Supreme Court of Justice (STJ) , which confirmed the acquittal of former inspector Gonçalo Amaral in the lawsuit that he was moved by the McCanns for having written and published the book Maddie - The Fool truth And the corresponding DVD.

    Gonçalo Amaral was convicted in the lower court to pay 250,000 euros to each of Maddie's parents for the moral damages he caused them, and it was forbidden to market the book and its DVD. For the court of first instance, although the book did nothing more than enumerate facts, the vast majority of which were already known and included in the process of inquiry into Maddie's disappearance and Gonçalo Amaral's thesis / opinion - that there was no abduction But an accidental death followed by a cover-up of the corpse to which Maddie's parents would not be unrelated - was not a novelty, yet the same had done an illicit fact with the publication of the book so it should compensate the couple McCann in 500 thousand euros and Stop selling the book and the DVD.

    And why was the publication of the book and the DVD unlawful? Because Gonçalo Amaral was the coordinator of the criminal investigation concerning Maddie's disappearance, he was, even after his retirement, subject to the reserve duty imposed on the officials in service at the Judicial Police; So that, in a situation of conflict of their freedom of expression with the rights to the good name and reputation of the McCann couple, faced with the results of the investigation, Gonçalo Amaral had to give way.

    The Court of Appeal of Lisbon , by the pen of judges Judges Ferreira de Almeida, Catherine Meek and Alexandrina Branquinho last year revoked this decision and acquit Gonçalo Amaral as "barely understand an employee, besides retired, kept the duties of Secrecy and confidentiality, being limited in the exercise of their right to opinion, in relation to the interpretation of facts already made public by the judicial authority, and widely debated (and, to a large extent, on the initiative of the MCCann couple themselves) in national and foreign media ".

    They referred Maddie's parents to the STJ requesting the revocation of the Court of Appeal's decision and, again, the prohibition of the book and its DVD and the condemnation of Gonçalo Amaral to compensate them for the moral damages they claimed to have been caused . But on Tuesday, the STJ did not give them any reason and reaffirmed the right of the former inspector to publicly express their opinion or interpretation on the facts found in the criminal investigation that he coordinated himself and that in large part had been Publicized by the Attorney General's Office.

    For the STJ, what was important was how to resolve the conflict between the rights of the McCann couple to their good name and reputation, constitutionally guaranteed and the rights of Gonçalo Amaral and his publisher, freedom of expression and information, equally guaranteed Constitutionally. Conflict of rights which can not be resolved in the abstract because all have equal value in our Constitution but must be resolved in concrete terms, taking into account in particular the criteria developed by the European Court of Human Rights (ECHR) in the application of the European Convention on Human Rights (ECHR) which is national law. Not in an attitude of submission or blind acceptance of ECtHR jurisprudence but in an intelligent attitude of analysis, reflection and incorporation of a common European legal heritage that enriches us as a democratic society.

    And the advisory judges Roque Nogueira, Alexandre Reis and Pedro Lima Gonçalves, after weighing exhaustively all the issues in question, had no doubts in concluding that, in this case, in the balance of justice the plate of freedom of expression weighed more than the plate Of the honor and confirmed the acquittal of former inspector Gonçalo Amaral.





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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Thu Feb 09, 2017 7:54 am

    MCCANNS 'NOT IN THE CLEAR' Removal of Kate and Gerry’s ‘formal suspect’ status does not mean they are innocent in disappearance of daughter Madeleine McCann, judges say.

    Portugal’s Supreme Court has cast doubt over the parents of missing Madeleine once again - claiming there are 'serious concerns' in abduction theory.

    Kate and Gerry McCann face fresh heartache after judges said they had not been cleared over daughter Madeleine’s disappearance.

    Portugal’s Supreme Court has said the removal of their “arguido” — or formal suspect — status should not be “equated to proof of innocence”.

    The country’s most senior judges claimed the investigation into them was only shelved in 2008 because of a lack of evidence.

    And they said there were “serious concerns” over the theory that Madeleine had been abducted from their Ocean Club apartment in Praia da Luz, in May 2007.

    The comments were made in the Supreme Court’s 76-page dossier after handing victory to ex-detective Goncalo Amaral in an ongoing libel case last week.

    The McCanns got Amaral’s book The Truth of the Lie banned and sued for libel after he alleged they faked Madeleine’s abduction to cover up the then three-year-old’s death.

    But he is writing a second book about Madeleine’s disappearance — and the McCanns have said they will sue again if it is published in Britain.

    Kate and Gerry, both 48, were made arguidos in September 2007. But their status was lifted in July 2008 when Portuguese police archived the investigation.

    The Supreme Court is Portugal’s highest court but has no criminal authority. It published its ruling yesterday.

    Judges added their job was not to decide if the McCanns bore any criminal responsibility over Madeleine’s disappearance.

    And they said it would be wrong to draw any inferences about the couple’s guilt or innocence from their ruling.

    Kate and Gerry, of Rothley, Leics, did not want to respond to the judges’ findings last night.

    A spokesman said: “It’s entirely a matter for their lawyers.”

    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/


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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Thu Feb 09, 2017 8:38 am

    Matilde Gago As a portuguese citizen I am ashamed of the portuguese supreme court decision . I don't understand that suspects that don't go to trial because lack of evidences can still be considerer guilty. Or "not guilty" but still suspects and submitted, freely, to all sort of accusations. I also don't understand that a public servant after being retired or whatever, can make money using information he had acess while being a public servant. I haven't read the book and I don't inted to read it. I don't know if you are guilty and it is not my job to have an opinion about it.. I only can can imagine the horror of Maddie's vanishing, the horror of the non ending waiting for answers and the horror of being acused. Please acept my full support although nothing can take away the pain you are suffering


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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Thu Feb 09, 2017 12:43 pm

    From Stop the Myths, with thanks. Sykes
    This should be taken to the European and EU courts. It is wrong that Portugal can rule that their police can fail to solve a case, can have the final police report state that there is no evidence against a couple and state that what they thought was evidence against them did not turn out to be evidence against them, but that it is ok to accuse them anyway because they have not been proven innocent. Whilst at the same time the Portuguese like all "civilized" countries do not have a system that allows innocence to be proven. Only guilt can be proven simply because their law states that people are innocent unless proven guilt. But Portugal seem to have just gone "meh, thats no fun". I bet it would have been different if the mccanns had accused amaral of being involved, because lets face there is just as much evidence against him.


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    NASTY, SICK IN THE HEAD B*TCH - MAY YOU ROT IN HELL!!

    Post  Sykes on Thu Feb 09, 2017 4:40 pm

    Give it up Kate and Gerry - come out with your hands held up!
    Post by Get'emGonçalo Today at 14:51



    The tide is turning......!
    The worlds media now know the truth.
    Put away your 10th anniversary bids
    and do the right thing for Madeleine Beth McCann for once in your miserable lives.

    xxxxhttp://jillhavern.forumotion.net/t13525-give-it-up-kate-and-gerry-come-out-with-your-hands-held-up#356084


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    When will the McCanns' tormentor in chief stop adding to their misery?

    Post  Sykes on Sat Feb 11, 2017 8:34 am

    When will the McCanns' tormentor in chief stop adding to their misery? The Portuguese detective whose book pointed the finger at Maddie's parents is now writing a second volume.

    http://www.dailymail.co.uk/news/article-4213890/Detective-blamed-Maddie-s-parents-writes-second-book.html#ixzz4YMWpLrcJ



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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Sat Feb 11, 2017 11:53 am

    Very pertinent comment from another forum, with thanks. Sykes
    Missing children cases are never 'archived' and closed down in any civilised country ... every so often a closed case review results in a renewed effort to find out what may have happened to the individual concerned.

    I've always been perplexed that Madeleine's case was archived and the assurance given that it would be reopened if new information came to light.

    What chance of that if Ricardo Paiva ... the man left in charge of the case was assiduously filing information about Madeleine as 'not relevant to the inquiry'.

    I thought that disgraceful.

    After reading the court judgement in Amaral's libel trial ... I now realise I may have been viewing the archiving of Madeleine's case from entirely the wrong perspective.

    Undoubtedly the ruling confirms it was the criminal case against Robert Murat and Madeleine' parents which was archived.

    Was Paiva actually acting within his remit when failing to file active information concerning a missing child ... photos ~ sightings ~ information about Madeleine from other policing authorities ... because it actually was not relevant to the inquiry.

    Was the only interest in a criminal conviction ... and not the child whose fate was concluded by the operational theory decided on the fourth of May.

    If so, that must have been a decision and a direction dictated by someone influential in the State ... it could very well explain the orchestration and the closing of the ranks against Madeleine's parents. They have kept her case alive despite the State closing it down.

    It would explain a lot.


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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Sun Feb 12, 2017 6:52 am

    From Myths with thanks, a very good comment.   Sykes
    If the media wanted to do an interesting article and start an engaging debate, they could do something on fake McCann news. There is plenty to cover there. From the newspapers who got sued for publishing fake information, to those who STILL spread that fake information all over the internet.
    They could visit the trolls websites where they could find all that fake news, lies and mis-information and highlight them.
    Of course, they would first have to apply themselves and prove their journalistic worth by doing proper research as suggested in the previous posts.

    And there are plenty of photoshopped images on the internet that many would view as real (not realise it's fake).
    And websites like Jill Haverns forum & associated blogs/websites, whose information has been proven incorrect on many an occasion, but they still continue to peddle it. Posting it on Twitter and Face Book and writing to MP's and other authorities, like Operation Grange and the Portuguese Police trying to convince them that their misinformation is fact.

    Unfortunately journalists pick up on this and exacerbate the situation. They could do some good by looking into fake McCann news.
    http://stopthemyths.info/viewtopic.php?f=115&t=8887&sid=6def027271e6d1c992e95b128a845ce4&start=50



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    Re: McCann family's case against Amaral - appeal being heard today

    Post  Sykes on Mon Feb 13, 2017 7:09 am

    Further to post 11 above - fake McCann news!



    There is only one slight problem with that picture above… IT IS FAKE – IT IS PHOTOSHOPPED

    Here is the original photograph.. and you can clearly see that the photoshopping wasn’t that good either.. just take a look at the hands.



    To read the comments use this link.   Sykes

    xxxxhttps://madeleinemccannthetruth.wordpress.com/2013/08/07/another-myth-busted-fake-money-photo/


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