Appeal results tomorrow?

http://jillhavern.forumotion.net/t13461-mccann-s-v-amaral-appeal

I thought it had already been heard and over and done with and the results would go straight to the lawyers, but who knows

Anne just told me that too.

Força Gonçalo!

A new post from Jill H. forum:

"Anne has just told me that it's not a hearing, the STJ judges are just examining the McCann's request for review of the Appeal Court decision. They can totally or partly grant a review or reject it or even defer their decision for further analysis. They basically have to decide whether the interpretation of the law has been appropriate. They are not judging the matter itself."

http://www.stj.pt/ficheiros/tabelas/Decididas/Civeis/1s-2017-01-31.pdf

well it has been denied, well done a step in the right direction.

Yes :    Recorrente: Kate Marie Healy Mccann                    Negada a Revista
           Recorrente: Gerald Patrick Mccann
          Recorrido: Gonçalo Sousa Amaral
       
Also according to TMCF, Amaral won, it's official. He will get his money back and his assets will be unfrozen.

frencheuropean wrote:Yes :    Recorrente: Kate Marie Healy Mccann                    Negada a Revista
           Recorrente: Gerald Patrick Mccann
          Recorrido: Gonçalo Sousa Amaral
       
Also according to TMCF, Amaral won, it's official.

Absolutely wonderful! Yes!

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

well, well well.

http://sicnoticias.sapo.pt/pais/2017-01-31-McCann-perdem-recurso-no-Supremo-contra-Goncalo-Amaral


Google translation:

728/5000
31.01.2017 15h24

"SIC
Former PJ inspector Gonçalo Amaral will not pay any compensation to the McCanns for defending the thesis that the parents were involved in the disappearance of their daughter, Maddie. The SIC found that the Supreme Court denied this afternoon the review of the decision of the Court of Appeal.

Less than a year ago, Relacio had annulled the sentence of the previous instance that condemned the former inspector of the PJ to pay 500 thousand euros to the couple.

The problem was prompted by the publication of a book in which Gonçalo Amaral
Exposes the facts that led to the parents' suspicion.

The judges at the time understood that one can not deny Gonçalo Amaral the right of opinion and expression of thought."

MADDIE COURT BID QUASHED Maddie McCann’s parents lose court appeal to silence cop who claims they covered up daughter’s death

https://www.thesun.co.uk/news/2750157/maddie-mccanns-parents-lose-court-appeal-to-silence-cop-who-claims-they-covered-up-daughters-death/#comments

Fantastic news!!!

I am just catching up on the overnight news and I do hope I am reading the comments above correctly. I'm interpreting this great news to mean that the Supreme Court decision means that the McCanns lost their appeal and Mr. Amaral will not have to pay damages. What a wonderful start to my day!!!! This will be fantastic news for Mr. Amaral and his family after almost ten years of suffering caused by the McCanns. I am delighted for them.

Further to my comment above, I've just read the Sun article (thanks to "chrissie" for posting it) I am so happy, maybe now SY will pay attention to the official files.

Same here and it is fantastic news

http://www.dailymail.co.uk/wires/ap/article-4176562/Madeleine-McCanns-parents-lose-Supreme-Court-libel-appeal.html

Madeleine McCann's parents lose Supreme Court libel appeal

By Associated Press

Published: 16:27, 31 January 2017 | Updated: 16:27, 31 January 2017

LISBON, Portugal (AP) — Portugal's Supreme Court ruled Tuesday that missing British girl Madeleine McCann's parents can't sue for libel a former Portuguese detective who published a book alleging they were involved in their daughter's disappearance.

A court official told The Associated Press that Portugal's highest court ruled the allegations are protected by freedom of expression laws. Also, the judges decided his claims weren't abusive and "were within acceptable limits in an open and democratic society."

The official spoke on condition of anonymity because the decision hadn't yet been published.

FILE - In this July 24, 2008 file photo, former detective Goncalo Amaral poses with his book whose title translates as "The Truth in the Lies", during its launch in Lisbon.

Portugal's Supreme Court has ruled that missing British girl Madeleine McCann's parents can't sue for libel a former Portuguese detective who published a book alleging they were involved in their daughter's disappearance. A court official told The Associated Press on Tuesday, Jan. 31, 2017 that Portugal's highest court ruled the allegations are protected by freedom of expression laws and weren't abusive.

A Lisbon court in 2015 ordered Goncalo Amaral to pay Kate and Gerry McCann 500,000 euros ($540,000) in compensation. The McCanns had sought 1.2 million euros. An appeals court last year overturned that conviction, but the McCann's lawyers turned to Portugal's top court.

Madeleine disappeared from a vacation home in Portugal's Algarve region in May 2007, days before her 4th birthday.

Amaral had argued in his defense that the claims in his 2008 book "The Truth of the Lie" stemmed from the police investigation. He also noted that Portuguese media had already reported the possibility that the parents might have played a role in Madeleine's disappearance.

Portuguese police closed the investigation after detecting no evidence of a crime, but British police are still looking into it.

Madeleine's disappearance sparked global interest as pictures of her and her grieving parents were published around the world.


Read more: http://www.dailymail.co.uk/wires/ap/article-4176562/Madeleine-McCanns-parents-lose-Supreme-Court-libel-appeal.html#ixzz4XMF8faM0
Follow us: @MailOnline on Twitter | DailyMail on Facebook

I'm so happy for Amaral and his family.
This evil greedy court case must have been hell to the whole family.

May mcs leave Portugal in peace in future. For good.

Just pay the bill, stay away.

Totally made my day. so long awaited for a much maligned man. May Dr Goncalo Amaral now have peace of mind.

http://www.dailymail.co.uk/news/article-4176546/Madeleine-McCann-s-parents-lose-appeal.html

Madeleine McCann's parents lose their appeal against failed libel claim over Portuguese detective's book claiming they covered up their daughter's death
Portuguese Supreme Court has ruled the McCanns cannot sue Goncalo Amaral
The former detective who investigated the case published a book in 2008
He alleged parents of Madeleine McCann were involved in her disappearance
But today a court ruled the claims are protected by freedom of expression laws
By Gerard Couzens for MailOnline
PUBLISHED: 16:02 GMT, 31 January 2017 | UPDATED: 17:34 GMT, 31 January 2017
e-mail
1.6k
shares
216
View comments
The parents of Madeleine McCann have lost their appeal to Portugal's highest court over ex-police chief Goncalo Amaral's book claiming they covered up their daughter's death.

Portuguese Supreme Court judges met this morning in Lisbon to resolve the couple's fight against a lower court's decision last April to reverse their 2015 libel win against the former detective.

The hearing took place in private and an official public decision is not set to be sent to lawyers acting for the litigants until later in the week.

The parents of Madeleine McCann, who have reportedly lost their appeal to Portugal's highest court over ex police chief Goncalo Amaral's hurtful book claiming they covered up their daughter's death
+7
The parents of Madeleine McCann, who have reportedly lost their appeal to Portugal's highest court over ex police chief Goncalo Amaral's hurtful book claiming they covered up their daughter's death

But a source close to the long-running case said this afternoon the decision had gone against the McCanns and they would now face a massive legal bill.

Judges decided that Amaral's 'right to freedom of expression' was worthy of greater protection under Portuguese law than the 'right to honour' of the McCanns.

RELATED ARTICLES
Previous
1
Next

'This is the news they are dreaming of receiving...

Madeleine McCann¿s parents are hoping that a New Year...
SHARE THIS ARTICLE
Share
The judges ruled 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 decision is final in Portugal, but can be appealed before the European Court of Human Rights.

The verdict is a major milestone in Gerry and Kate McCann's eight-year fight over a book written by Amaral, who led the initial hunt when then three-year-old Madeleine vanished from their Algarve holiday apartment in May 2007.

Three-year-old Madeleine vanished from her Algarve holiday apartment in May 2007 and has never been seen since
+7
Three-year-old Madeleine vanished from her Algarve holiday apartment in May 2007 and has never been seen since
+7
The three-year-old Madeleine vanished from her Algarve holiday apartment in May 2007 and has never been seen since

Amaral was ordered to pay Kate and Gerry 500,000 euros plus interest in damages after losing round one of their libel battle in April 2015 over his book 'The Truth of the Lie.'

Appeal judges reversed the initial ruling by a court in Lisbon in April last year, siding with the former police chief and overturning a ban on his book.

The decision sparked a fresh appeal by the McCanns to the country's highest law court, which was lodged last May but heard today.

The decision is a major milestone in Gerry and Kate McCann's eight-year fight over a book written by Amaral, pictured, who led the initial hunt when Madeleine vanished
+7
The decision is a major milestone in Gerry and Kate McCann's eight-year fight over a book written by Amaral, pictured, who led the initial hunt when Madeleine vanished

The McCanns' Portuguese lawyer Isabel Duarte was 'out of her office' and not immediately available to comment.

They axed their PR expert Clarence Mitchell after nine years last year as they faced uncertainty over the future of the £12 million British police investigation - codenamed Operation Grange - into the disappearance of their daughter.

Speaking ahead of today's hearing, a source close to the case said: 'The Supreme Court judges can either confirm the first court's decision that ruled in the McCanns' favour or the Lisbon appeal court judgement that went in Goncalo Amaral's favour.

'The ruling itself will take at least four or five days to come out officially but it's possible there'll be some unofficial guidance by the end of the day on what the ruling is.'

'My feeling is that Amaral cannot make another appeal if this goes against him as there is only the European courts and that's too expensive and if it's a decision based on the law and not the facts it's difficult to go to the European court.

'The same would probably be true if the McCanns lost the case.'

Criticising the ruling in favour of the ex-police chief last year, which a friend of the McCanns said had left them 'seething,' their lawyer Ms Duarte said: 'This decision was an appreciation of the law and not the facts.

'We can appeal to the Supreme Court which we will do as we have instructions from our clients.'

The judge who ruled in the McCanns' favour in April 2015 said Amaral's constitutional rights to freedom of speech and expression were conditioned by the fact he had been in charge of the investigation into Madeleine's disappearance until shortly before the publication of his book.

Amaral, pictured, is understood to have earned 400,000 euros (£344,000) from his book before it was banned and a subsequent TV documentary
+7
Amaral, pictured, is understood to have earned 400,000 euros (£344,000) from his book before it was banned and a subsequent TV documentary

She concluded he played on his status as a long-serving police officer to present personal opinions and claims about the high-profile case as fact.

The appeal judges said Amaral's right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

Kate and Gerry McCann in the days after their daughter Madeleine went missing while on holiday in Portugal in 2007
+7
Kate and Gerry McCann in the days after their daughter Madeleine went missing while on holiday in Portugal in 2007

Amaral is understood to have earned 400,000 euros (£344,000) from his book before it was banned and a subsequent TV documentary.

He claimed in the book Madeleine had died in their holiday flat and they had faked her abduction to cover up the tragedy.

The book was released just three days after Gerry and Kate McCann were told their status as arguidos or formal suspects had been lifted on July 21, 2008.

The McCanns told the Lisbon court staging the Amaral libel trial in the summer of 2014 they were left 'devastated and crushed' by his allegations.

Mrs McCann, 48, from Rothley, Leicestershire, said Madeleine's twin siblings Sean and Amelie, now 12, knew about Amaral's allegations.

She told the court in July 2014 after applying to make a statement: 'I believe that's what's in Mr Amaral's book and the documentary is very distressing to adults. To a child it could be very damaging.'

Asked by the judge how she felt after reading the book, she said: 'I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

'It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.'

She went on to accuse Amaral of 'consistently smearing' her and Mr McCann and claimed they feared the book may have stopped people coming forward with information about their daughter's whereabouts.

Portuguese prosecutors reopened their probe into Madeleine McCann's disappearance in May 2014, and are now working in close coordination with Scotland Yard's scaled-down Operation Grange probe into the youngster's fate
+7
Portuguese prosecutors reopened their probe into Madeleine McCann's disappearance in May 2014, and are now working in close coordination with Scotland Yard's scaled-down Operation Grange probe into the youngster's fate

The ex-police chief, removed as head of the investigation into Madeleine's May 3, 2007 disappearance after criticising British detectives, has always denied defamation and insisted what he wrote was based on case files which had already been made public.

Amaral's lawyer Miguel Cruz Rodrigues claimed in court the McCanns had taken legal action against his client 'to rid themselves of guilt for their negligent conduct' in leaving Madeleine and her siblings alone while they ate tapas with friends nearby.

He also claimed their lack of co-operation with the Portuguese police authorities had led to the archiving of the investigation in 2008.

Portuguese prosecutors reopened their probe into Madeleine McCann's disappearance in May 2014, and are now working in close co-ordination with Scotland Yard's scaled-down Operation Grange probe into the youngster's fate.

Last year the McCanns revealed they had told their twins 'everything' about Madeleine's disappearance and said the youngsters still remember her and talk about her often.

Share or comment on this article
e-mail
1.6k
shares
by Taboola Sponsored Links





Read more: http://www.dailymail.co.uk/news/article-4176546/Madeleine-McCann-s-parents-lose-appeal.html#ixzz4XMgPDpoo
Follow us: @MailOnline on Twitter | DailyMail on Facebook

Fantastic news

Fabulous news
Well done Dr Amaral

Great news. An expensive lesson though considering this was always about protecting their name rather than aiding the search.

It was absolutely wonderful how quickly this was picked up by the media. Within minutes, the news was up on the web sites of several major newspapers.

No comment from the McCanns so far that I have seen.

AnnaEsse wrote:It was absolutely wonderful how quickly this was picked up by the media. Within minutes, the news was up on the web sites of several major newspapers.

No comment from the McCanns so far that I have seen.

They may not be able to until the decision is "official" or maybe there is still much wailing and gnashing of teeth at HQ.

Fantastic News !!! My son told me he heard it on Sky News.