The upcoming libel action McCann vs Amaral

This has got to be the biggest event since the O.J Simpson trial, and could well be the one single event that that makes or breaks this entire saga.

In the red corner
Kate and Gerry McCann, parents of missing toddler Madeleine, undefeated in the litigation stakes, going for the big win and claiming on behalf of the entire family. Got to be feeling confident after silencing all dissent in the British media.

In the blue corner
Goncalo Amorral, former pj detective who investigated the case of the above mentioned toddler, author of a book suggesting the McCann’s may not be on the level, and hoping to prove it as a result of this litigation. Not had much success in the courts recently, but there’s a suggestion he may be able to deliver the knock out blow in this one.

What’s at stake?

Pretty much a battle for public opinion. The McCann’s, despite a sizable following of believers, and some notable victories in the courts, have been unable to lay to rest (pardon the pun) the feeling in some quarters that they just aren’t telling the truth.
A victory here would be the final “put up or shut up” to anyone still unwilling to toe the line with regards to their version of events.
Goncalo Amorral, again, not without a large body of support, has refused to buckle in the face of the mighty McCann litigation machine, and believes he can nail the McCann’s in a civil court given the prospect of them ever seeing the inside of a criminal one being remote.

In my opinion, whoever loses this case loses all credibility, this is the big showdown between the two parties who continue to claim that they are right, totally, and that theirs is the version that holds water, and would hold water in a criminal case.

Defeat for Amorral would have him labelled a bitter ex cop trying and failing to gain some credibility, his book, however factual he claimed it to be, would be reduced to a work of fiction.

Defeat for the McCann’s could have far reaching consequences. Apart from any financial penalties, they would almost certainly swing the spotlight back onto their version of events. Apart from their most diehard supporters, I could see the tide turning swiftly against them, donations dwindling, and some other people forced to reconsider their positions. The role of parents desperately searching for their abducted daughter would become untenable, in short the book written by Amorral would be accepted as a document of fact, and there would be no defence, no argument, the McCann’s would be damned.

This is a high stakes showdown and any jury will have the devils own job to call this one

So, when is the Big Fight Night?? :Boxer:

eddie wrote:So, when is the Big Fight Night?? :Boxer:

Yes when is it? Because I certainly want to see Gerry's smirk wiped off!

eddie wrote:So, when is the Big Fight Night?? :Boxer:

Next summer

I usually abhor violence, but I think this is one occasion when I will reserve a ringside seat.

Do I have to bring my knitting?

The Mirror reported that the lawsuit was lodged on June 24th. They wouldn't be printing inaccuries would they?


Link to many reports about the action.

http://www.mccannfiles.com/id244.html

I have read and reread the points made and also an announcement on the Madeleine website, some of the things they are claiming would be extremely hard to prove if not impossible - but I don't understand this law, do they have to prove what they claim or does Mr Amaral have to prove that what they are claiming is not true?



Edit to add: Does either party have to prove anything or does a judge hear statements from both sides and make a decision? How does it work?

Thanks pussycat and billy - oh dear, I thought Mrs Duarte was a formidable lawyer as someone said yesterday. Didn't she do her homework?

billy wrote:there are two forms of libel in Portuguese law, civil and criminal, the McCanns thought they would take as they and their advisors thought the easy route I.E. civil law, what they obviously did not take into consideration was that civil law verdicts encompass probability, whereas criminal law encompasses beyond a reasonable doubt. The Portuguese prosecutors final legal report alludes to the probability of Madeleines demise. The McCann team will not be suing anyone in a Portuguese court.

Why wouldnt they be suing anyone in a Portugese court. Madeleine disappeared from there so it would be the proper place to hold the hearing IMO. Why should everyone have to go to the Uk to have the hearing.

billy wrote:

Antoinette wrote:

billy wrote:there are two forms of libel in Portuguese law, civil and criminal, the McCanns thought they would take as they and their advisors thought the easy route I.E. civil law, what they obviously did not take into consideration was that civil law verdicts encompass probability, whereas criminal law encompasses beyond a reasonable doubt. The Portuguese prosecutors final legal report alludes to the probability of Madeleines demise. The McCann team will not be suing anyone in a Portuguese court.

Why wouldnt they be suing anyone in a Portugese court. Madeleine disappeared from there so it would be the proper place to hold the hearing IMO. Why should everyone have to go to the Uk to have the hearing.

They or there team are not stupid they have realised their error, no one mentioned british courts.

SO if its not in the UK and not in Portugal then where is it going to be heard so

Antoinette wrote:

billy wrote:

Antoinette wrote:

billy wrote:there are two forms of libel in Portuguese law, civil and criminal, the McCanns thought they would take as they and their advisors thought the easy route I.E. civil law, what they obviously did not take into consideration was that civil law verdicts encompass probability, whereas criminal law encompasses beyond a reasonable doubt. The Portuguese prosecutors final legal report alludes to the probability of Madeleines demise. The McCann team will not be suing anyone in a Portuguese court.

Why wouldnt they be suing anyone in a Portugese court. Madeleine disappeared from there so it would be the proper place to hold the hearing IMO. Why should everyone have to go to the Uk to have the hearing.

They or there team are not stupid they have realised their error, no one mentioned british courts.

SO if its not in the UK and not in Portugal then where is it going to be heard so

I think he means it won't be heard

Angelina wrote:

Antoinette wrote:

billy wrote:

Antoinette wrote:

billy wrote:there are two forms of libel in Portuguese law, civil and criminal, the McCanns thought they would take as they and their advisors thought the easy route I.E. civil law, what they obviously did not take into consideration was that civil law verdicts encompass probability, whereas criminal law encompasses beyond a reasonable doubt. The Portuguese prosecutors final legal report alludes to the probability of Madeleines demise. The McCann team will not be suing anyone in a Portuguese court.

Why wouldnt they be suing anyone in a Portugese court. Madeleine disappeared from there so it would be the proper place to hold the hearing IMO. Why should everyone have to go to the Uk to have the hearing.

They or there team are not stupid they have realised their error, no one mentioned british courts.

SO if its not in the UK and not in Portugal then where is it going to be heard so

I think he means it won't be heard

Are they going to do the same as they did with that newspaper and withdraw the proposed lawsuit?

If so, there is still Gonçalo Amaral who says he is going to sue them isn't there?

justagrannynow wrote:

Angelina wrote:

Antoinette wrote:

billy wrote:

Antoinette wrote:

billy wrote:there are two forms of libel in Portuguese law, civil and criminal, the McCanns thought they would take as they and their advisors thought the easy route I.E. civil law, what they obviously did not take into consideration was that civil law verdicts encompass probability, whereas criminal law encompasses beyond a reasonable doubt. The Portuguese prosecutors final legal report alludes to the probability of Madeleines demise. The McCann team will not be suing anyone in a Portuguese court.

Why wouldnt they be suing anyone in a Portugese court. Madeleine disappeared from there so it would be the proper place to hold the hearing IMO. Why should everyone have to go to the Uk to have the hearing.

They or there team are not stupid they have realised their error, no one mentioned british courts.

SO if its not in the UK and not in Portugal then where is it going to be heard so

I think he means it won't be heard

Are they going to do the same as they did with that newspaper and withdraw the proposed lawsuit?

If so, there is still Gonçalo Amaral who says he is going to sue them isn't there?

Quite likely.

What claims is Amaral making in his proposed law suit against them?

Angelina, I found this on Joana Morais's site. May 2009.

Gonçalo Amaral said to TVI today that he will sue the McCanns.

"My lawyers are working on the case and we will take the McCann couple to court and perhaps other people for defamation, slanderous denunciations and false statements," said Goncalo Amaral on Portuguese TVI television.

"We will see who has spoken the truth in this case" into the disappearance of Madeleine in the south of Portugal in May 2007, he added.

amethyst wrote:Angelina, I found this on Joana Morais's site. May 2009.

Gonçalo Amaral said to TVI today that he will sue the McCanns.

"My lawyers are working on the case and we will take the McCann couple to court and perhaps other people for defamation, slanderous denunciations and false statements," said Goncalo Amaral on Portuguese TVI television.

"We will see who has spoken the truth in this case" into the disappearance of Madeleine in the south of Portugal in May 2007, he added.

Thanks Amethyst. That should be interesting.....I wonder what evidence he is going to produce.

No way can I see them wanting to go in a court of law, especially in Pt.

Is this likely to happen whether they sue him or not, or is it just a counter-sue...anyone???

SelectedSeconds wrote:Today's Telegraph is reporting that the Mccanns are to sue both Amaral and the Foundation.
They say thay hadn't intended to proceed with the T&Q action for a very long time because it went bust, and because when they first started legal action they didn't know that what they had printed was true - that the PJ were looking at them as prime suspects.

It looks a bit like clearing one effectively defunct action officially out of the way to begin on another.

All mouth and no Trouser's from the McCann's come to mind regarding T&Q.

The McCann's will not sue Mr GA far too risky for them...I do sincerely hope that Mr GA sues the McCann's though.

Perhaps someone ought to drop a few leaflets stating what Amaral is going to sue the Mccanns and also inform the recipients that he still hasn't recieved a writ of them,even though they made the statement months ago and have again repeated it today !

enigma wrote:Perhaps someone ought to drop a few leaflets stating what Amaral is going to sue the Mccanns and also inform the recipients that he still hasn't recieved a writ of them,even though they made the statement months ago and have again repeated it today !

The McCanns are quick to threaten - but slow to act, if at all.

Who exactly have the sued so far?
The Express Group - who conveniently rolled over and settled. And Im convinced this was part of some kind of deal anyway after Ms Lazzeri (of The Sun) revelation.

The T&Q case they would have lost anyway - because all T&Q did was claim the PJ suspected them of being involved in Madeleine's disappearance - and it turned out they did indeed.

Anyone else?
No.
Lots of threats - no action.

Maybe the lawyers aren't prepared to take the case on a no win no fee basis - too much of a risk

interestingly, when the carter ruck lawyer in this case appeared before the select committee in the house of commons one of the obsequious members -in a suitably hushed tone (reminiscent of the whispering fern britten)asked for confirmation that, had the express group not settled out of court,carter-ruck would have proceeded on the no win-no fee basis. The lawyer stuttered and blushed and tried to wriggle out of answering and was eventually pushed by the mp into saying he was sure they would have whilst looking anything but sure -allthe more reason to question the decision to roll over-imo

SelectedSeconds wrote:Today's Telegraph is reporting that the Mccanns are to sue both Amaral and the Foundation.
They say thay hadn't intended to proceed with the T&Q action for a very long time because it went bust, and because when they first started legal action they didn't know that what they had printed was true - that the PJ were looking at them as prime suspects.

It looks a bit like clearing one effectively defunct action officially out of the way to begin on another.

YOU HIT THE NAIL ON THE HEAD THERE.....NO MONEY TO BE HAD.....

As I understand it they wouldn't get much of a payout if they sued Amaral and won in Portugal .They will probably wait till his book is published here to sue him under English law knowing that they stand to make a lot more money if they do .If they win of course !