Article from Yahoo News - http://uk.news.yahoo.com/pressass/20070831/tuk-madeleine-s-parents-to-sue-paper-6323e80_2.html
How on earth can this case be heard?
There is no proof that Maddy is alive or dead. And even if she was dead (pray to God she is not) the only way they could defend themselves is to catch the killer.
(Its a bit like the old joke - "Bet you £100 that I will die today" "Okay - If your right, how do I give you the money?")
2007-08-30 20:19:57 · 16 answers · asked by David 5 in News & Events ➔ Current Events
Okay, some people are not getting what I'm saying.
Papers are saying "You killed Maddy"
McCanns are saying "No we did not"
BUT it will only be liable / Slander if it is proved that the McCanns DID NOT KILL MADDIE / HAVE ANY INVOLEMENT IN IT.
At the moment NO ONE KNOWS WHAT HAPPENED so how can this case be heard fairly?
Also surely this new action revolves around an ongoing police investigation - surely any evidence that is asked for / details that come out could HARM ANY FUTURE CASE that may occur against any possible wrong doers ????
2007-08-30 20:53:05 · update #1
What makes me sigh are those who answer sensible questions such as this one, with incorrect law and then state they have legal experience.....geez!
No lawyer would identify themselves in that role in yahoo answers as it raises the lawyers duty of care..... so...that guy above who claims they have legal experience is laughable and his knowledge of law non existent in Tort law.
Now....I am not identifying myself as a lawyer but, everything Heather said above ia 100% accurate.
It would be for the McCanns to prove that what the Newspaper said was wrong.
Not possible at this time.
End of.
2007-08-30 21:18:33 · answer #1 · answered by eirefaeriemom 3 · 3⤊ 1⤋
To porve the paper commited liable it would have to be proven that what they had said was lies - has it been proven that they didn't kill Madeleine? As someone correctly said the burden of proof lies with the person making the accusations but how can they prove what the police can't? They might not be able to prove she was killed but they can quite rightly state that nothing has been proven in this case so in effect there are no lies.
I think they are onto a non starter here but it would be interesting to see how it proceeds.
2007-08-31 04:03:53 · answer #2 · answered by Missy H 5 · 4⤊ 1⤋
reading your additional I kinda get what you're saying, however, it is SLANDER if you SAY something that YOU can't proove and it is damaging to someone's reputation.
i.e. I would be treading on very dangerous ground if I say you hate Cats unless I have proof. If I just say it because I feel like it then it is slander and you will have all the Cat loves after you
Unless I can proove what I am saying about you then you can sue because it's just hearsay etc..
If you say something about someone it is down to YOU to proove it / have the evidence. You can't just go around saying something without having something to back it up with. It's down to YOU to proove you're right and if you can't you are in a difficult position
2007-08-31 04:32:20 · answer #3 · answered by *Sparki* 5 · 1⤊ 0⤋
In the UK (I dont know about Portugal), when you sue somebody for libel, you do not have to prove anything. The burdern of proofe lies on the person sued.
Under English law, the newspaper would have to prove it was telling the truth, otherwise it would have to pay up.
2007-08-31 03:55:37 · answer #4 · answered by fundamentalist1981 3 · 0⤊ 0⤋
Do you think libel & slander should be taken lightly?
If the papers falsely quoted the Police in such a grevious accusation don't you think they should answer for the damage done?
Never the damage done to their reputations, imagine the damage done to the cause of the search of their baby! All it takes is a cruel rumour for the fickle public to turn the other way & forget all about Madeleine out of disgust caused by that rumour...
Hope this teaches folk a lesson not to hurl accusations without proof.
2007-08-31 03:34:38 · answer #5 · answered by Faith 6 · 2⤊ 3⤋
What I think is worse in today's paper headlines is that the British are being blamed for ruining the investigations as far as the dna tests are concerned. I smell a cover up.
2007-08-31 03:43:59 · answer #6 · answered by little weed 6 · 2⤊ 2⤋
If intelligence was measured in Wattage, your about as bright as a Nite-Lite.
If you read the article they are suing the paper for Libel accusations and quite right too because the paper is damaging the investigation.
QUOTE: A family spokesman said: "The McCanns feel these allegations are very serious and highly damaging. They also feel that it is a distraction from the investigation.
"The straightforward facts are Madeleine was taken from her bed on May 3 and she is still missing. Police have said time and again that Kate and Gerry McCann are not suspects."
So why add to the pool of slanderous remarks?
2007-08-31 03:45:41 · answer #7 · answered by cheek_of_it_all 5 · 0⤊ 8⤋
You know im getting sick of all this McCann crap they can't help but try and get in the media anyway they can I think itss all a publicity stunt to raise there profiles have you seen the maddy website??? All it does is sound off about her DAD I wouldnt be surprised if they had done it the paper only said what most of us are thinking
2007-08-31 03:26:32 · answer #8 · answered by bullet_2k4 3 · 8⤊ 5⤋
I don't care what they do, It's Maddy that's important and all this media hype isn't doing her any favours.
2007-08-31 03:31:08 · answer #9 · answered by floss 2 · 5⤊ 0⤋
I do not know what are the words complained of.
If the newspaper claims that the words are true, then they must prove their allegation.
Why should the case not be heard, as you ask?
2007-08-31 03:27:44 · answer #10 · answered by Canute 6 · 3⤊ 2⤋