McCanns full steam ahead with appeal to the EU ....

Post Reply
honestbroker1
Posts: 6962
Joined: Sat Apr 16, 2011 8:50 pm

McCanns full steam ahead with appeal to the EU ....

Post by honestbroker1 » Wed Sep 20, 2017 4:12 pm

(With thanks to JA)

http://jatyk2.forumotion.co.uk/t5762-maddie-lie-battle
MADDIE McCann’s parents have made a last ditch appeal to the European Court of Human Rights after a Portuguese judge ruled against them in their battle against a shameless ex police chief.

Kate and Gerry McCann, both 49, have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the abduction and ‘’death’’ of their daughter in 2007.

The case has been in and out of court in Portugal with Amaral initially being ordered to pay £360,000 damaged in 2015 for the outrageous slurs in ‘The Truth of the Lie’.

But his legal team overturned that order and Kate and Gerry took out their own appeal against him in Portugal’s Supreme Court and earlier this year they were left devastated after judges again ruled in his favour.

In their 76 page ruling judges said Kate and Gerry had not ‘’successfully proved their innocence’’ - which left the couple from Rothley, Leicestershire ‘shattered’, according to a source close to the couple.

Initially they had considered dropping the whole case against Amaral they are more determined than ever that he should not get away with his vile allegations against them.

So far no money has been paid by either party and now they will square up to each other at the European Court of Human Rights in Strasbourg.

The appeal was lodged in July by their Portuguese lawyer Isabel Duarte and they are now waiting for a date to be confirmed.

A source close to the couple said: "They discussed the situation with their legal team and they decided that ultimately it was worth fighting the decision of the Portuguese court.

"They are upset that the court made this ruling but are also desperately upset at Amaral’s claims which are ludicrous and hurtful.’’

Last night the European Court of Human Rights confirmed an appeal had been lodged and officials were investigating its "admissibility’’ before deciding what to do next.

Family spokesman Clarence Mitchell told The Sun: "I can confirm that Kate and Gerry have lodged an appeal application at the European Court of Human Rights and the application is being considered.

"As such they will not be making any comment until a decision has been made. The case is being handled by their legal team in Portugal.

Insiders said it could take almost four years before a decision on whether to proceed in the case is made.

Maddie, three, disappeared in May 2007 from her parents holiday apartment in Praia da Luz on Portugal’s popular

Algarve coast while her younger twin siblings A***** and S***, now aged 12, were in the same room.

Earlier this week British detectives investigating her disappearance asked the Home Office for more cash so they could "pursue one final lead’’.

User avatar
catkins
Posts: 30593
Joined: Thu Jan 28, 2010 9:08 pm

Re: McCanns full steam ahead with appeal to the EU ....

Post by catkins » Wed Sep 20, 2017 6:32 pm

Here's hoping HB.....it's been diabolical the shameful way this family have been treated IMO.
Madeleine McCann- Abducted May 2007 from Praia Da Luz, Algarve, Portugal.
DCI Redwood of Scotland Yard - stated that Madeleine could still be found - alive.
https://www.facebook.com/Official.Find. ... ign?_rdr=p

Chinagirl
Posts: 3073
Joined: Thu Apr 21, 2011 7:49 am

Re: McCanns full steam ahead with appeal to the EU ....

Post by Chinagirl » Wed Sep 20, 2017 11:29 pm

If there's any justice in this world, their appeal should be successful. For any judge to suggest that "they have not proved their innocence" is appalling.
[T]hose children were left alone and because of that fact one of them disappeared. (Fatima de Oliveira Esteves)

Wrong.
It's because someone took her.

honestbroker1
Posts: 6962
Joined: Sat Apr 16, 2011 8:50 pm

Re: McCanns full steam ahead with appeal to the EU ....

Post by honestbroker1 » Thu Sep 21, 2017 9:58 am

It's also interesting to contrast the mature approach of Kate and Gerry towards their legal advisors when results don't go their way with that of Amaral.

Amaral's approach when a legal advisor doesn't give him the result he wants: sack him.

How many legal advisors has Amaral got through so far?

User avatar
Carana
Posts: 19179
Joined: Thu Dec 01, 2011 2:42 pm

Re: McCanns full steam ahead with appeal to the EU ....

Post by Carana » Thu Sep 21, 2017 5:08 pm

Good luck to them if submission is admissible. Not quite sure about that, though...

http://app.echr.coe.int/CheckList/?cookieCheck=true
"A professor of mine used to say 'I have as a pet a coprophagic beetle, who eats only dung. His antennae quiver when he detects the presence of his food.'" - Edison, English-language Wikipedia Admin

User avatar
Whiterose
Posts: 4006
Joined: Wed Feb 29, 2012 10:29 am

Re: McCanns full steam ahead with appeal to the EU ....

Post by Whiterose » Thu Sep 21, 2017 6:24 pm

Well if they are refused, they can then say they took it as far as they could. :s_yes
"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

honestbroker1
Posts: 6962
Joined: Sat Apr 16, 2011 8:50 pm

Re: McCanns full steam ahead with appeal to the EU ....

Post by honestbroker1 » Thu Sep 21, 2017 10:18 pm

I assume the McCanns' appeal was lodged in time.

But the second one ....

11% were lodged more than 6 months after the final decision taken by a domestic court
10% were rejected because the applicants wanted the Court to quash, rehear or revise decisions taken by domestic courts ("fourth instance")


That's what the McCanns want, isn't it?

(Quite rightly, I should hastily add) but is that allowed?

From the link:
The Court does not act as a court of appeal vis-à-vis domestic courts
:s_sad

User avatar
Alibongo
Posts: 18246
Joined: Sat Mar 19, 2011 11:18 pm

Re: McCanns full steam ahead with appeal to the EU ....

Post by Alibongo » Fri Sep 22, 2017 12:17 am

I'm sure their legal team would of examined all of the points needed to make the application before submitting surely?
Parent-blaming is all-too-common these days, and usually the point is to make other parents feel better about their own parenting skills

User avatar
Whiterose
Posts: 4006
Joined: Wed Feb 29, 2012 10:29 am

Re: McCanns full steam ahead with appeal to the EU ....

Post by Whiterose » Fri Sep 22, 2017 3:24 pm

Alibongo wrote:
Fri Sep 22, 2017 12:17 am
I'm sure their legal team would of examined all of the points needed to make the application before submitting surely?

You would think so.
"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

User avatar
scoobydoo
Posts: 2137
Joined: Tue Aug 14, 2012 8:46 am

Re: McCanns full steam ahead with appeal to the EU ....

Post by scoobydoo » Tue Oct 10, 2017 12:08 am

I thought the mccanns had dropped the case, but I can't remember where or when I read that though.

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest