Below is a copy of the McCann's request
for annulment of the Supreme Court's
decision, filed by the couple's lawyer
on the 16th of February, 2017. We
understand that the filing of this
appeal has a suspensive effect on the
Supreme Court's ruling.
The request alleges that the Supreme
Court's decision "lacks a foundation
(...) in stating that one cannot invoke
the principle of presumption of
innocence in order to restrict the right
to freedom of expression, because it is
based on the erroneous presumption that
the archiving of the criminal
investigation 'was determined because it
was not possible for the Public Ministry
to obtain enough indications of the
practice of crimes by the appellants'".
In case you are struggling with the
legalese (we do), here is what we
understand to be the reasoning behind
the request:
1. The McCanns have invoked the
principle of presumption of innocence to
justify the restrictions they want
imposed on dr. Amaral's freedom of
expression;
2. The Supreme Court stated, in its
ruling, that the above is no argument
because the McCanns were not considered
innocent by the investigation and the
case was archived because not enough
evidence was found to charge them.
3. The McCanns, because they believe the
above argument is false, request for the
Supreme Court's decision to be
nullified. |