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    Arguição de Nulidade do Acórdão - McCann's request for annulment of the Supreme Court´s decision

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    Sykes

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    Arguição de Nulidade do Acórdão - McCann's request for annulment of the Supreme Court´s decision

    Post  Sykes on Sun Mar 19, 2017 11:42 am

    Arguição de Nulidade do Acórdão

    Below is a copy of the McCann's request for annulment of the Supreme Court´s decision, filed by the couple´s lawyer on the 16th of February, 2017. We understand that the filing of this appeal has a suspensive effect on the Supreme Court´s ruling.

    The request alleges that the Supreme Court´s decision "lacks a foundation (...) in stating that one cannot invoke the principle of presumption of innocence in order to restrict the right to freedom of expression, because it is based on the erroneous presumption that the archiving of the criminal investigation 'was determined because it was not possible for the Public Ministry to obtain enough indications of the practice of crimes by the appellants'".

    In case you are struggling with the legalese (we do), here is what we understand to be the reasoning behind the request:

    1. The McCanns have invoked the principle of presumption of innocence to justify the restrictions they want imposed on dr. Amaral's freedom of expression;

    2. The Supreme Court stated, in its ruling, that the above is no argument because the McCanns were not considered innocent by the investigation and the case was archived because not enough evidence was found to charge them.

    3. The McCanns, because they believe the above argument is false, request for the Supreme Court's decision to be nullified.

    xxxxhttp://pjga.blogspot.co.uk/2017/03/arguicao-de-nulidade-do-acordao.html
    Smaral supporters whining and crying because the McCanns' legal people have dared to point out that the presumption of innocent is normally one of the foundations of Western democracies. Or maybe in Portugal it's reversed ie you are guilty because I say so and therefore you need to prove you are not? Sykes


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