The Supposed Overturning of Gonc's 'book ban'

This is rumbling away again on twitter - led by Bren, people are trying and failing to find the original document.

I seem to remember we went through all this before, and never did manage to find a copper-bottom, reliable source for the wording of the decision.

This is what appeared on Morais, which everyone was supposed to take on trust:

http://joana-morais.blogspot.com/2010/10/lisbon-appeals-court-ruling.html

Knowing she has, well, issues with translations, no-one has ever been quite sure things are as they seem.

After all, if she could post what appears to be the cover of the document:



then why couldn't she post the whole thing, so people could see it for themselves?

Any attempt at finding the original just goes round and round in circles.

anotherviv Viv
@
@BrenR1958 mercedessigueaqui.blogspot.com/2010/10/caso-m… Jo Morais gives English * this link to original #mccann
3 hours ago


That's the original, is it?

And since when was:

Alegando que los dos primeros demandantes son madre y padre de los otros demandantes, que son todos menores de edad, siendo de general conocimiento que la pequeña Madeleine desapareció el día 3 de mayo de 2007, habiendo provocado su desaparición una extensa investigación policial.

the language of Portugal?


THAT'S IN SPANISH YOU PLONKER

I guess the Misiter Of Alrgerian Affairs knows that Moreass is banding this crap about......after all it is their document

muratfan wrote:I guess the Misiter Of Alrgerian Affairs knows that Moreass is banding this crap about......after all it is their document

Que?

Google the name of the report and add Portugal for good measure...bit startling the results

Why's it got 2009 on it?

bb1 wrote:Why's it got 2009 on it?

Could that be when the appeal was applied for?

I can't remember, Tony - I just recall the big hearings early in 2010.

The whole thing has always been odd, though - a very hole in corner business.

Interesting little exchange on MM:

e: Tony Bennet/Scotland Yard Review
Carolina Yesterday

lifeisforliving wrote:
kitti wrote:
In a word.....AMARAL.....he won't shut up and he won't go away so suing him will hopefully do that ....as far as the mccanns are concerned .


Watch this space ......IF and a big IF they win......they will FADE away.

People listen to him and take notice off him and BELIEVE him....why not....he's telling the truth....off the lie.


Actually has anyone heard anything of Goncalo Amaral in the last few months?
And is there any news of that new book that he was publishing last May according to his wife?


I am sure he's doing fine.

Interesting, because previously Carolina/Montclair was a Gonc confidante, always ready with the latest news.

Now, he's 'doing fine'? Did she miss under the circumstances off the end of that sentence?

It gets worse; Claudia adds:

He was great a couple of days ago. Thanks for caring. I'll let him know.
As for the book, let's call it strategic management.

What, like, he never actually got around to writing it? There never was a book, was there?

They could ask Grenville how old, 'Bullet Between The Eyes' is?
Those two are Magnet buddies, are they not?

IMO, some disaster is brewing in Portugal, Tony, too much waffle which is failing to quiet discontent is going on.
And why they don't just admit there never was a 'new book' I do not know.

bb1 wrote:IMO, some disaster is brewing in Portugal, Tony, too much waffle which is failing to quiet discontent is going on.
And why they don't just admit there never was a 'new book' I do not know.

Because that would make their Idol look like a liar. Oh wait, he is a liar, a convicted one at that.

I wish Claudia would say how Gonc feels about Bennett's predicament.

Its practical importance does not result from the capacity to solve conflicts of interest in an autonomous and definitive way, but rather from its usefulness in the anticipation of certain effects of judicial decisions, in the prevention of serious or hardly repairable violation of rights, in the prevention of financial damages or in the preservation of status quo [Latin Def. The existing condition or state of affairs], until the final decision on the case is issued.

It represents an anticipation or a guarantee for efficacy concerning the outcome of the main case and it is based on a summary analysis (summaria cognitio [Lat. Def. Of quick simplified appreciation]) of the factual situation that allows to state the right as being likely (fumus boni iuris [ Lat. Defs. Of apparent good law/ presumption of sufficient legal basis]) and the justified fear that said right may be seriously damaged or rendered useless, if a certain injunction is not decreed (periculum in mora [Lat. Trans. risk of imminent and irreparable damage]).

It is, after all, an antechamber of the main process, and it allows for an interim or provisory decision to be issued, with the purpose of diminishing the erosive effects that derive from the delay in a definitive solution, or to render fruitful the decision that may be favourable to the Applicant.
-----------------------------------------------

I think this says basically that The Injunction against the book might be seen to influence the outcome of The Libel Trial, against Amaral and in favour of The McCanns.
If I am correct then it isn't even about a right to Free Speech, but simply to prevent bias in the final outcome.

The very fact that Team Gonc are so reluctant for the original to be seen sets off alarm bells for me, Sabot.

I think we would find that it said something like, Gonc is entitled to his Free Speach Yuman Rite - but no more. And on their own heads be it if a later verdict in a libel trial went against him?

That he can stand in the middle of Lisbon with a megaphone if he chooses to, but nothing more than that?

There is something in it they don't like, that is for sure, and Morais' translations have proven to be untrustworthy before.

I bet a key sentence is 'awaiting translation' or something.

But they have been screeching that the unbanning was about Gonc's Free Speach, Yuman Rites, when it wasn't about that at all. It was to prevent an unlevel playing field during The Libel Trial.

The original Judge ruled that the book could damage the reputation of The McCanns and hinder the search, but technically no one can say that for certain until the book has been deemed legally Libellous in a Court of Law. That makes perfect sense to me.
I just wish they would hurry up and get on with it. This length of delay is ridiculous.

I personally think Gonc will throw the towel in, Sabot. His supporters keep trying to smother discussion about this, and also to insist it is all about the book.

Which simply is not true; it involves all his ghastly statements in assorted interviews, too.

Anyone who thinks Gonc has a snowball's would be well advised to go and read his interviews with a neutral, legal eye, and they will soon see why he is sunk.

And the criminal conviction for LYING won't help.

I have always said that The Interviews were much worse than The Book, Bonny. There might even have been a case to argue if it was just The Book.

Now, no one will touch him except for a couple of his insane buddies, so with a bit of luck he has seen the light, or perhaps more to the point, the dark

And yes, I agree, he probably will settle out of Court and keep his house.

Oh, look at how the deepening silence from Gonc is being spun on the Morais blog:

Anonymous said... 101
IS DR. AMARAL STILL WEARING THE McGAG?
Anon 96 "Mr Amaral no longer has a gagging order over him"

YES! In a sense he is - at least until the McCanns' v Amaral final showdown takes place sometime in the future (it could take years).

In the interim, he was been allowed to sell "The Truth of the Lie" but the problem is, the McCanns' have refused to return thousands of copies apprehended by the McCanns' (Madame Duarte)in spite of the Portuguese appeal judges ruling (...)

And let us face it... no publisher in its right mind would dare to publish Amaral's new new book and face the wrath of the McCann's "posse"...not until the issue is finally settled - particularly now with David Cameron on their bandwagon...

You see...Portugal has no weapons of mass destruction, Britain has...

Under such circumstances he has no alternative but to wear the McGag!

It is a case for the European Court of Human Rights you might say...

Anonymous said... 102
96, Amaral has not given up at all.He does not need to show up in every paper and tv channel.
He must know what is going on between the PJ and the SY.He must even being helping the SY, as a witness. I believe everything is going on in deep silence.
Possibly he gags himself right now to protect the review and eventual new investigations.He has to keep his mouth not to destroy what both polices are achieving together.
If it was going wrong, he would have commented it already because he is free to do it and he is the type of person who does not accept injustice.
The last time he spoke in public about this case was last May, 12th,with the words "this is a shoot in the foot"

------

Yes, of course Gonc is helping Scotland Yard - in some parallel universe

There is no point in him doing that, Jay - English translations are all over the internet, for free.

Gonc's own lawyers mentioned all the free copies of it at one of the many court sessions; they were not best pleased.

I am confused here, I thought, it was the publisher who had the right to sell the books and not Amaral?
Amaral has already been paid by the publisher and; it was the publisher who delivered the books to the McCanns Portuguese Lawyer. So Amaral doesn't own the book at all; the copyright also belongs to the publisher?

Yes, they belong to Guerra & Paz, not Gonc - I am trying to find an exact quote.....

This is on Morais' blog:

http://joana-morais.blogspot.com/2010/12/i-havent-lost-my-dignity.html

I think it may be a quote from the newspaper, but it's hard to tell:

The Appeals Court agreed with Gonçalo Amaral, and that was a “beautiful moment” that was used to plan the future. “The books remain illegally with their keeper, the McCanns’ lawyer, and I doubt that they still exist. Now, it is up to Guerra e Paz to ensure that the Appeals Court’s decision concerning the book ‘Maddie – The Truth of the Lie’ is fulfilled.” All in all, “over 120 000 copies have been sold”, and the book was translated for France, Italy, the Netherlands, Germany and Denmark.

If G & P don't want them back, then Gonc's stuffed. Ms Duarte may well be entitled to send G & P a bill for storing the accursed things.

Therefor if he did upload a digital copy, he would have to pay Guerra e Paz.