GONC TRYING TO SETTLE WITH MCCANNS

Smiffy's words from 2008 are liable to come back and haunt him:

http://stopthemyths.prophpbb.com/topic4355-50.html?sid=f7bd0418e51031fcadca7eff9c585055

Well, my analysis of the Rebelo stage of the investigation was utterly wrong
=========


I am certainly going to brood on my own judgement and contributions and the possibility that they may have added to a kind of mass folie a deux

Quote from "Me" 25/01/13

If they have been kept up to date with the review (as Clarence “Falcon For Men” claims) and the review was coming to an abduction conclusion why would the McCann’s seek a suspension of the trial now?

After all such a verdict from the Yard would validate two of their claims against Amaral.

There is the issue of what Amaral knew at that time but that has always been there ever since they started their action.

Positive news that the Yard had validated the abduction thesis would surely have put their case in a much stronger position now than it ever had been.

If the Review was coming to the conclusion of abduction that would exonerate the parents and the Yard would no doubt be able to give the parents details of where the investigation is headed in terms of leads and developments.

Armed with that information they surely would have pushed on with the case against Amaral knowing two of their claims were now being confirmed by the Yard.

If that was indeed happening can you imagine either of them but Kate in particular wanting to let Amaral off the hook and settle now?

If they aren’t being kept informed then that must mean they have reached the conclusion, and the frequent Yard trips to Portugal must have helped focus minds and bowels at Rothley Towers, that the review is not going in the direction they want and they may need to cut and run in the Amaral case in order to divert all funds and legal powers to deal with the outcome of the review.

____________________

As plaintiffs, if the McCanns were advised that their case against Amaral is unwinnable they can simply withdraw the writ. No "negotiation" required. "We have decided not to proceed with our action for defamation".

I would suggest that Amaral's new lawyer has given him the unwelcome news that he is very likely to lose (along with G&P and TV1), but that maybe the McCanns would be willing to negotiate an out of court settlement. This would be the (only) logical reason for negotiation.

It would have the two main advantages for the Mccanns of:

Certainty - a settlement between the parties would not be subject to the vagaries of law, or to the protracted Portuguese appeals process which can delay teh final outcome for years.

Speed - once a settlement has been agreed settlement is quick. There is no reason to delay payment under the court order, especialy where funds are being held.

Pointless trying to get through to them when they're like this, J-P - we've been through this so often. They go bouncing around, whooping and tick-tocking - then come the inevitable tears before bedtime.

You'll get no sense from the hounder currently known as 'Me' - he is incapable of grasping that he is occupying the same position as someone proposing a lunar landing on the basis that the moon is made of green cheese. It's right in front of him and he cannot see it:


Positive news that the Yard had validated the abduction thesis would surely have put their case in a much stronger position now than it ever had been.

Precisely - which may be one of the reason Gonc has run up the white flag.

I don't know what stage the negotiations are at, but I would hazard a guess that a settlement acceptable to the McCanns will involve a substantial donation from Gonc's frozen assets, another chunk on court costs, and then he gets whatever is left?

On condition he never, ever opens his mouth again about hypothesis or fridges.

No need to ban the book again, it will only be of historical value when the dust has settled.

http://www.guardian.co.uk/uk/2012/apr/25/madeleine-mccann-case-reopen-call

Dismissing conspiracy theories about Madeleine's parents' involvement, Redwood said he believed the girl's disappearance was the result of "a criminal act by a stranger".

How much clearer can it be?

I would suggest that Amaral's new lawyer has given him the unwelcome news that he is very likely to lose (along with G&P and TV1), but that maybe the McCanns would be willing to negotiate an out of court settlement. This would be the (only) logical reason for negotiation.

That sound about right, Jean-Pierre. We know he fell out with Cabrita when Cabrita warned him he was in for a hiding, and that got spun into rubbish about Gonc needing a new lawyer because Cabrita was suddenly too far away.

http://www.theportugalnews.com/news/madeleine-mccann-scotland-yard-back-in-portugal/27582

quote:

Meanwhile, the defamation case the McCann family launched against former PJ inspector Gonçalo Amaral was this week reportedly suspended by a Lisbon court.
Kate and Gerry McCann have sued Amaral for 1.2 million euros in damages, but reports stated this week the case has been put on hold due to apparent attempts by both parties to reach an out-of-court settlement.

Starting to get nearer the truth.

Which provokes a typically-intelligent remark from one of the hounders:


hahahahha ,have you never read this paper before,this paper is another mccann ar** licker



Why aren't they all demanding Bennett comments on this? Could it be that Head Hounder is as silent as Gonc because he knows the truth?

Just a small point. If Gonc has asked for negotiation of a settlement, which is what I believe, then quite possibly only The McCanns can ask for the Trial to be suspended as they are The Plaintifs, and they brought the action. It seems unlikely that The Defendant could do this.

Spot on Sabot. The Plaintiff is in the driving seat and would need to agree to suspend proceedings while negotiations take place.

If you think it through for a moment, if the defendant were able to say - "I dont want to go to court, so I want to negotiate an out of court settlement" then, well, why would anyone end up in court, ever.

What actaully happens in real life is that the court sets a date for trial of the case. As the date approaches there is contact between the lawyers (who invariably know each other anyway). The pressure is on the defendant (who is the one on trial).

The lawyers will explore the likely outcome (both sides know each others case anyway) and what it would take to settle "on the steps of the court" thus avoiding time and expense.

If the offer is sufficiently attractive then all is done and dusted.

Surprisingly few cases actually go to trial.

Sabot wrote:Just a small point. If Gonc has asked for negotiation of a settlement, which is what I believe, then quite possibly only The McCanns can ask for the Trial to be suspended as they are The Plaintifs, and they brought the action. It seems unlikely that The Defendant could do this.

Correct, ma petite! He has no power to stop it going ahead, he only has the ability to request a settlement, which the McCanns could refuse. However, if what he offers is not acceptable then they can go ahead; if it is then they can agree and get the court to ratify whatever is decided. HE is the accused, NOT the McCanns. LL

So this small point is what The Hounders are basing their screeches on.
"The McCanns asked to have The Trial Suspended because they are the only ones who can."
That's that little misunderstanding solved then.

Jean-Pierre.t50 wrote:Spot on Sabot. The Plaintiff is in the driving seat and would need to agree to suspend proceedings while negotiations take place.

If you think it through for a moment, if the defendant were able to say - "I dont want to go to court, so I want to negotiate an out of court settlement" then, well, why would anyone end up in court, ever.

What actaully happens in real life is that the court sets a date for trial of the case. As the date approaches there is contact between the lawyers (who invariably know each other anyway). The pressure is on the defendant (who is the one on trial).

The lawyers will explore the likely outcome (both sides know each others case anyway) and what it would take to settle "on the steps of the court" thus avoiding time and expense.

If the offer is sufficiently attractive then all is done and dusted.

Surprisingly few cases actually go to trial.

Yup, spot on, everyone.

What on earth are the Gonc Cult going to be like when the truth comes out and CANNOT be spun?

Lamplighter wrote:

Sabot wrote:Just a small point. If Gonc has asked for negotiation of a settlement, which is what I believe, then quite possibly only The McCanns can ask for the Trial to be suspended as they are The Plaintifs, and they brought the action. It seems unlikely that The Defendant could do this.

Correct, ma petite! He has no power to stop it going ahead, he only has the ability to request a settlement, which the McCanns could refuse. However, if what he offers is not acceptable then they can go ahead; if it is then they can agree and get the court to ratify whatever is decided. HE is the accused, NOT the McCanns. LL

There are going to be mega-tears before bedtime on a few hate sites, LL.

I once took a Builder to Court in France for a badly laid new roof. The Court allowed me to suspend the action while the builder relaid the roof, but agreed that I could return if I wasn't satisfied.
The Builder paid all of my costs of a survey on the roof and the court Action, and replaced the roof. Same here then.
This was hilarious because I couldn't speak a word of French at the time, beyond La Plume de Ma Tante, which wasn't much use. But The Judge was really kind to me, and his Clerk did the interpreting in very bad English.

French Courts are a real laugh, by the way. They all shriek at each other, while The Judge swivels his head back and forward as if he is watching a tennis match. God knows how he keeps up.

Shall we try putting it in simple words and sentences for the Gonc Cult?

The McCanns are the plaintiffs. Amaral is the defendant.

Amaral's lawyers have approached the McCanns' lawyers offering a deal. The plaintiffs' representatives have agreed to suspend legal action while discussions are ongoing. It is the plaintiffs' lawyers who must approach the court for said suspension.

We do not know what Amaral has put on the table in the hope of getting himself out of this mess, but if the terms are not acceptable to the plaintiffs - the McCanns - then the libel case will recommence.

All concerned have been told NOT to speak about the discussions, which is why Gonc's lot are so foolishly trying to fill the resulting vacuum with spin, fantasies, and outright lies. They really are not helping Gonc, and would be better advised to keep quiet. As he is doing, for once.

We will all know more in the fullness of time, should a settlement acceptable to the McCanns be reached. Gonc's fans need to calm down and face reality, because they have some very, very bad news in store for them.

Amaral has nothing to lose and everything to gain from the case going ahead. Why would he ask for its suspension? I don't believe he has any money or anything of value now.

D'uh.

HE HAS HUNDREDS OF THOUSANDS OF EUROS - FROZEN.

And he cannot get his paws on a single one of them UNLESS HE MAKES AN OFFER ACCEPTABLE TO THE MCCANNS.

God, these people are as thick as bricks.

That Thread on MM is a sight to see. They are all so absolutely certain of what has happened and of the outcome. All based on totally false premise. They can't even argue that they are just guessing, so heaven knows how they are going to talk their way out of this one.

I don't think I've ever seen a display of stupidity like it, Sabot - do they actually have the slightest grasp of the law? Or, indeed, the meaning of simple words?


ETA, what world do they live in, where the victims of a bitter, disgraced man's vendetta give said bitter, disgraced man money and full permission to carry on his vendetta - indeed, to behave in an even worse fashion?

They're barking mad, the lot of them.

I wish they were just barking mad, Bonny. But there are some really vile people mixed up in this. Some of them know they are talking bollox, and are deliberately winding things up, to cause the most damage that they can.
It won't work, of course, but they really don't care.

And I do expect some of them to disappear when the truth comes out because they won't be able to explain how or why they got it so wrong.

You have to be pretty nasty to support a disgraced ex-cop who committed perjury to cover up torture, Sabot - people like that are capable of anything, IMO.

Agree, a lot will vanish when the truth comes out, a la Coldwater.

They are making some serious legal statements of fact that cannot be excused as simply a matter of opinion. Things that can and will be exposed as incorrect and untrue. And some of the more stupid and volatile are not going to be happy about being lead up the garden path.

I do wonder if Cameron's statement to the Commons was the tipping point for Gonc's current lawyers:

http://www.guardian.co.uk/media/2012/nov/29/leveson-inquiry-david-cameron-statement

How Christopher Jefferies' reputation was destroyed by false accusations. And how the mother of Madeleine McCann, Kate McCann, had her private diary printed without her permission and how she and her husband were falsely accused of keeping their daughter's body in their freezer.

That surely has to be conclusive evidence that your client is going to be destroyed in court.

Bullsh*t's been at his stash again, with another load of, well, hysteria and bullsh*t.

Including this truly wonderful line:

And that's why the end of the case against Goncalo Amaral – for it will not be resumed in six months – is so crucial. That's why the Bureau splashed it.

A clear demonstration of the brain damage that can be caused by weed.

No, it won't be resumed - provided the McCanns' people are satisfied with the terms Gonc has offered.

No doubt the Gonc cult will love every minute of it - it will give them hope.

For just a little bit longer, till the truth comes out.

Meanwhile, smiffy will continue to bleat like a rabid sheep - and I predict he will do a Coldwater when the truth about the lawsuit is revealed.

Every picture tells a story:



That one, taken last week, is saying, BEGGARS CAN'T BE CHOOSERS.

I don't think Gonc has got much negotiating power, has he? Unless he wants to go to Court and been seen to lose.
Up to The McCanns, really. And I suppose that they might want to leave him something. Like enough to pay his Legal Costs. No reason why The Lawyers should lose out. They've had to work hard enough for it, dealing with that Convicted Liar and Thug.