No settlement

portugal have always said that they wont open the case unless there is something to reopen it for and move on -- now sy is suposed to be working with portugal on this to come to some sort of end -- would there have to be a reopening of the case from portugal before say the tapas can be re questioned -- unless this happens or someone confesses this case will never end imo

I do wonder if this is a definite outcome to the negotiations.

The report says that the defence team (i.e Amaral's lawyer) are saying the talks have broken down. This doesn't appear to be coming from the Mccann's team.

Could it simply be a pressure application ploy by Amaral's team in the negotiations?

It seems fairly certain the McCann's don't want to go to trial so perhaps there's a bit of brinkmanship going on here?

The article seems to have omitted the fact that the ban on the book and the documentary was overturned in October 2010!

The article also says that the book ban is still in place and that's not true either (if I've read it correctly). You'd think the Algarve press would be up to speed, but I think they've been pro mc in the past. Why let truth get in the way - that must be PR/lawyer speak - of a story.

The Portugal News was always on the side of the duo, now lets see what they publish about this turn of events. The owner of the paper could see nothing but good in this pair and trumpeted their innocence!!!!! Get ready to eat your words Mr Luckman.

Claudia79 wrote:Wonder how our friend Palmeras is feeling...

I’m feeling happy and well, Claudia, thank you for asking. I suspect that the same cannot be said for GA, now that the McCanns have turned down his settlement offer and elected to move to a full trial. The notion that Amaral is “standing his ground” or “has an ace up his sleeve” is ludicrous, as I think you well know. I hate to be a party pooper but, as far as I can see, the clock is not ticking, the end isn’t nigh and the McCanns are not stocking up on Imodium. What I do foresee though, is Mr Amaral donating at least half of his seized assets to the Find Madeleine Fund.

Let's hope the new date for the Trial is not delayed for too long , the suspense is killing me.

Palmeras16 wrote:

Claudia79 wrote:Wonder how our friend Palmeras is feeling...

I’m feeling happy and well, Claudia, thank you for asking. I suspect that the same cannot be said for GA, now that the McCanns have turned down his settlement offer and elected to move to a full trial. The notion that Amaral is “standing his ground” or “has an ace up his sleeve” is ludicrous, as I think you well know. I hate to be a party pooper but, as far as I can see, the clock is not ticking, the end isn’t nigh and the McCanns are not stocking up on Imodium. What I do foresee though, is Mr Amaral donating at least half of his seized assets to the Find Madeleine Fund.

I must have been living on a different planet - I WASN'T aware that GA had made a settlement offer to the Mccanns, I thought that it was them who wanted to have an out of court settlement and suggested it in the first place.

No doubt P16 will enlighten us as to what was the settlement offer that the McCanns rejected.

Palmeras16 wrote:

Claudia79 wrote:Wonder how our friend Palmeras is feeling...

I’m feeling happy and well, Claudia, thank you for asking. I suspect that the same cannot be said for GA, now that the McCanns have turned down his settlement offer and elected to move to a full trial. The notion that Amaral is “standing his ground” or “has an ace up his sleeve” is ludicrous, as I think you well know. I hate to be a party pooper but, as far as I can see, the clock is not ticking, the end isn’t nigh and the McCanns are not stocking up on Imodium. What I do foresee though, is Mr Amaral donating at least half of his seized assets to the Find Madeleine Fund.

Palmeras, I have never used some of the terms you chose to use on your post so I have no idea why you chose them. They are mostly emotional and not my cup of tea at all. But I guess that's your only alternative after such a disappointment . From day 1 I knew it was the McCanns who asked for the court case to be interrupted so an agreement could be tried. And from day one I knew GA would decline. I have no idea what the court case result will be (the law is an ass, etc). Depending on the judge, it can go either way, as the previous decisions can prove. But what I do know is that the McCanns will never see a cent from GA without a court decision. And it will take years for a definite one.

What do you mean Claudia "never see a cent from GA without a court decision. And it will take years for a definite one". If the Court case is say to be held on 30th March and takes 2 weeks for each side to put their case , why would there be years for a definite decision ????

Palmeras16 wrote:

Claudia79 wrote:Wonder how our friend Palmeras is feeling...

I’m feeling happy and well, Claudia, thank you for asking. I suspect that the same cannot be said for GA, now that the McCanns have turned down his settlement offer and elected to move to a full trial. The notion that Amaral is “standing his ground” or “has an ace up his sleeve” is ludicrous, as I think you well know. I hate to be a party pooper but, as far as I can see, the clock is not ticking, the end isn’t nigh and the McCanns are not stocking up on Imodium. What I do foresee though, is Mr Amaral donating at least half of his seized assets to the Find Madeleine Fund.

and talking of the fund wasnt it suposed to be for missing children ? they looked like they hadnt two pennys to scratch their arses with in 2007 -- the lord n lady done well

Panda wrote:What do you mean Claudia "never see a cent from GA without a court decision. And it will take years for a definite one". If the Court case is say to be held on 30th March and takes 2 weeks for each side to put their case , why would there be years for a definite decision ????

Because both parties will appeal time and time again if the decision isn't in their favour.

Claudia79 wrote:

Panda wrote:What do you mean Claudia "never see a cent from GA without a court decision. And it will take years for a definite one". If the Court case is say to be held on 30th March and takes 2 weeks for each side to put their case , why would there be years for a definite decision ????

Because both parties will appeal time and time again if the decision isn't in their favour.

Oh, don't say that!!! there must be a limit to the number of appeals and Solomon's judgement sought

Panda wrote:What do you mean Claudia "never see a cent from GA without a court decision. And it will take years for a definite one". If the Court case is say to be held on 30th March and takes 2 weeks for each side to put their case , why would there be years for a definite decision ????

Because Amaral will appeal time and time again if the decision isn't in his favour. Futile delaying tactics. Tick tock and all that.

The same can of course be said for the McCanns. I still would like to know what was the offer of settlement that they declined.

Palmeras16 wrote:

Panda wrote:What do you mean Claudia "never see a cent from GA without a court decision. And it will take years for a definite one". If the Court case is say to be held on 30th March and takes 2 weeks for each side to put their case , why would there be years for a definite decision ????

Because Amaral will appeal time and time again if the decision isn't in his favour. Futile delaying tactics. Tick tock and all that.

And should this go all the way to the Supreme Court in Portugal, do you think that court would decide in favour of the McCanns when that very court overturned the book ban, stating that the book did not infringe the McCanns' rights in any way?

There nust be arbitration at some stage neither side can go on ad infinitum appealing. after about 3 appeals a senior judge will make a decision

I can see this easily going all the way to the ECHR.

Keela wrote:

Palmeras16 wrote:

Claudia79 wrote:Wonder how our friend Palmeras is feeling...

I’m feeling happy and well, Claudia, thank you for asking. I suspect that the same cannot be said for GA, now that the McCanns have turned down his settlement offer and elected to move to a full trial. The notion that Amaral is “standing his ground” or “has an ace up his sleeve” is ludicrous, as I think you well know. I hate to be a party pooper but, as far as I can see, the clock is not ticking, the end isn’t nigh and the McCanns are not stocking up on Imodium. What I do foresee though, is Mr Amaral donating at least half of his seized assets to the Find Madeleine Fund.

I must have been living on a different planet - I WASN'T aware that GA had made a settlement offer to the Mccanns, I thought that it was them who wanted to have an out of court settlement and suggested it in the first place.

spot on Keela

It must not be forgotten that the misguided Case brought against Amaral could be affected in a major fashion depending upon the outcome of the continuing liaison between Lisbon and SY.

Let's face it, if (for the sake of argument) the Plaintiffs in this ongoing Case vs. Amaral were to have been stripped of their liberty, that would rather put a different complexion on things

Not Born Yesterday wrote:The same can of course be said for the McCanns. I still would like to know what was the offer of settlement that they declined.

6 tins of sardines

That's a lot more than they deserve!

Well, I suppose sea bass might have been preferable

Algarve Daily News http://algarvedailynews.com/news/8941-mccanns-vs-amaral-trial-to-go-ahead

McCanns vs Amaral trial to go ahead

Tuesday, 19 February 2013 01:06

Kate and Gerry McCann have failed to reach an out-of-court settlement or agreement in the civil case against Gonçalo Amaral, the former Police Inspector accused of defamation.

The defence lawyer said today that as the parties have not reached any agreement the case should now be reactivated in the Civil Court of Lisbon which will have to schedule a new date for the start of the trial.

The first hearing was scheduled for January 24th 2013 but a week before the trial was due to start the judge granted a breathing space in the hope that a settlement could be reached in the case where Madeleine's parents are claiming compensation of €1.2 million from Amaral for defamation.

This action has already prompted a request for the seizure of Gonçalo Amaral’s goods as a ‘precautionary measure.’

In a related case the Civil Court of Lisbon decided in January 2010 to maintain the ban on the book "Maddie - The Truth of the Lie", written by Gonçalo Amaral, and on a video with the same title based on a documentary broadcast on TVI.

The ban of the book and the video, in which Gonçalo Amaral claims that Kate and Gerry McCann were involved in the disappearance of their daughter and in the concealment of her body, has been in place since September 9th 2009.

Madeleine McCann disappeared on May 3, 2007, while holidaying in an apartment in a holiday village of Praia da Luz.

At the time of her disappearance, Goncalo Amaral was the coordinator of the Criminal Investigation Department of the Judicial Police of Portimão and was in charge of the investigation.

Kate and Gerry McCann have always claimed that the child was abducted but were made defendants in September 2007.

The case was closed for lack of evidence in July 2008, although prosecutors say they will reopen the case if new facts emerge about the child's disappearance. Despite investigations by a dedicated team from Scotland Yard no new facts of significance have emerged.