The purpose of
this site is for information and a record of Gerry McCann's Blog
Archives. As most people will appreciate GM deleted all past blogs
from the official website. Hopefully this Archive will be helpful to
anyone who is interested in Justice for Madeleine Beth McCann. Many
Note: This site does not belong to the McCanns. It belongs to Pamalam. If
you wish to contact the McCanns directly, please use
the contact/email details
Reports and videos leading up to the first day of the
hearing into the injunction against Gonçalo Amaral's book: 'A Verdade da Mentira', the publishing
house 'Guerra & Paz', the producer Valentim de Carvalho and TVI, the producers of a documentary based on the book,
available on DVD - on 12 January 2010.
Madeleine: McCann couple will be at the trial that prohibits Gonçalo Amaral's
book, 09 January 2010
Madeleine: McCann couple will be at the trial that prohibits Gonçalo Amaral's book Visão with Lusa
10:47 Saturday, 09 January 2010 Thanks to Astro for translation
Lisbon, 09 Jan (Lusa News Agency) - Kate
and Gerry McCann will be present Tuesday, in Lisbon, at the beginning of the trial of the temporary injunction that forbids
the sale of the book "Maddie, The Truth of the Lie", by Gonçalo Amaral, a source connected to the English
family said today to Lusa.
The McCanns return to Portugal to attend the hearing at 7th Civil Court of Lisbon, after
having appeared in the Courthouse for the first session of the trial on December 11 that was postponed until January 12 due
to the illness of Gonçalo Amaral's lawyer, António Cabrita.
The trial, in which the defense of
Gonçalo Amaral, former Inspector of the Judiciary Police (PJ), the book author, will present the argumentation in opposition
to the McCann family, will continue in the following days, on the 13th and 14th of January, also beginning at 9:30am.
Maddie's parents at the trial of Gonçalo Amaral TVI
Kate and Gerry McCann return to Portugal next Tuesday
process, Kate and Gerry McCann, represented by the Lawyer Isabel Duarte, allege that the book "Maddie, The Truth of the
Lie" and the video with the same title divulge the thesis of Gonçalo Amaral, considered unsustainable by them,
of the involvement of Madeleine's parents in her disappearence.
Therefore, they requested to the Court the
removal from the market, though provisionally, of the book and the video [DVD] produced after the documentary was broadcast
In this process, besides the former PJ inspector there were also targeted the publishing house 'Guerra
& Paz', the producer Valentim de Carvalho and TVI, attached to the main action, in which the McCann family claimed
the protection of rights, freedoms and guarantees.
The parents of the English child who disappeared on May 3, 2007
from the bedroom of a tourist resort in Praia da Luz, Algarve, presented another action against Gonçalo Amaral, with
the accusation of defamatory statements; in which they claim damages of at least 1.2 million euros.
In the scope
of the claim, a provisional measure of seizure of assets was requested, which was partially implemented, and is waiting for
the completion of the due dilligence for its conclusion.
McCann couple demand books be completely destroyed, 10 January 2010
Maddie's parents return to Portugal for lawsuit against Gonçalo Amaral
By Nuno Miguel Maia 10 January 2010 00h00m Thanks to Astro for translation
McCanns return to Portugal this week
The McCann couple request Portuguese Justice to order the destruction of all copies
of the book and the movie that were authored by Gonçalo Amaral, the former PJ coordinator who defends the thesis of
Madeleine's death. The parents return to Portugal this week.
Kate and Gerry McCann will be present the day
after tomorrow, at the start of the rial over the injunction that forbids the sale of "Maddie – The Truth of the
Lie", at the Civil Court of Lisbon.
Gonçalo Amaral and the editor oppose the continuation of the order
that removed the book and the documentary, that defend the thesis of the little English girl's death and the involvement
of her parents in concealing her cadaver, from the market.
This injunction is linked to a main lawsuit in which
the McCann couple makes several requests. The main ones include the full destruction of all copies of the book and of the
DVD documentary that still exist in warehouses, as well as the prohibition to cede author's rights or divulgation rights
into other countries or on the internet.
If they win the action, the parents of the child that disappeared in Praia
da Luz, Lagos, on the 3rd of May 2007, further demand the publication of the final decision in national newspapers, on two
consecutive days, in a way to, albeit partially, reconstitute their image.
As well as the prohibition to divulge
the thesis of the little girl's death, the couple asks Gonçalo Amaral and the other defendants in the lawsuit to
be condemned to pay 100 thousand euros for every action that goes against the judicial decision.
1.2 million euros
In another lawsuit, Gonçalo Amaral is demanded
to pay a compensation of 1.2 million euros. It was under this action that the seizing of all of the former PJ coordinator's
assets was ordered.
Gonçalo Amaral has summoned PJ colleagues that took part in the investigation as witnesses,
including Luís Neves, the national director of the heavy crime unit.
Even the Public Ministry prosecutor
who archived the process, Magalhães Meneses, was summoned as a witness. This magistrate, together with joint general
prosecutor Melchior Gomes, have lamented the English people's refusal to participate in a reconstruction of the facts.
In this way, the McCanns did not manage to "prove their innocence".
McCanns back in Portugal for trial, 11 January 2010
Kate and Gerry McCann are returning to Portugal
for the libel trial of the former Portuguese detective who headed the investigation into their daughter Madeleine's disappearance.
The couple launched legal action against Goncalo Amaral after he published a book questioning their account about
what happened to the little girl.
Mr and Mrs McCann, both 41, from Rothley, Leicestershire, will fly to Lisbon
ahead of the three-day trial, which is due to start at the main civil court in the Portuguese capital on Tuesday.
It is understood that they plan to attend all the hearings, but do not intend to go back to the Algarve resort where Madeleine
vanished more than two-and-a-half years ago.
Family spokesman Clarence Mitchell said: "I can confirm that
Kate and Gerry McCann will be returning to Portugal on Monday to attend the resumption of the Amaral trial on Tuesday at the
main civil court in Lisbon.
"The details of their travel plans and itinerary will at their request remain
Madeleine was nearly four when she went missing from her family's holiday apartment in Praia
da Luz in the Algarve on May 3 2007 while her parents dined with friends nearby.
Four months after her disappearance,
Mr and Mrs McCann were made "arguidos", or formal suspects, in the case but this was lifted when the investigation
was shelved in July 2008.
Mr Amaral at first led the Portuguese inquiry into Madeleine's disappearance but
he was taken off the case in October 2007 after criticising the British police in a newspaper interview.
book Maddie: The Truth Of The Lie, which was published in July 2008, Mr Amaral claimed that Madeleine was dead and questioned
the McCanns' account that she was abducted. A Portuguese judge granted an injunction in September last year banning further
sale or publication of the book.
----------------------------------------------------------- McCann's parents to attend libel case against police officer
January 11, 2010 1:56 a.m. EST Madrid,
Spain (CNN) -- The parents of missing Madeleine McCann are due in Portugal this week as plaintiffs in a case
seeking 1.2 million euros ($1.7 million dollars) in libel damages against a former Portuguese police investigator, McCann
family spokesman Clarence Mitchell told CNN.
The ex-officer, Goncalo Amaral -- who worked for a time on the case
after Madeleine was reported missing in May 2007 -- wrote a book that "indirectly alleges Madeleine is dead and implies"
the parents must have known, Mitchell said.
Madeleine vanished from the family's holiday villa at the Portuguese
beach resort of Praia da Luz on May 3, 2007 as her parents, Kate and Gerry McCann of Britain, dined in a nearby restaurant.
She was 3 years old at the time.
The McCanns maintain that Madeleine is alive and have garnered international support
in an effort to find her, enlisting the aid of celebrities and Pope Benedict XVI.
Kate and Gerry McCann are due
to fly to Lisbon Monday afternoon and plan to attend the full hearing, which starts Tuesday and is expected to last three
or four days. A verdict is likely soon after the conclusion, possibly by the end of next week, Mitchell said.
McCanns accepted $1.1 million in libel damages in March 2008, and front-page apologies from the London newspapers the Daily
Express and the Daily Star, over stories alleging the parents were involved in the disappearance or death of their daughter.
The money went to Madeleine's Fund, a nonprofit company set up to find the girl and bring to justice anyone who
played a role in her disappearance.
At one point, authorities in Portugal had named the girl's parents as suspects,
along with a British man living in Portugal, Robert Murat. But a spokesman for the Portuguese prosecutor's office said
in July 2008 that authorities found no evidence of involvement by any of the three and were no longer considering them suspects.
Portuguese investigators closed the case in July 2008.
Amaral's book, "A Verdade da Mentira,"
("The Truth of the Lie") was published in Portugal in 2008.
It has since been published in France, Germany
and Spain, with excerpts and its allegations repeated on the Internet, Mitchell said.
A Portuguese judge has granted
an injunction against Amaral, freezing some assets, and ordering him not to repeat his allegations. The judge also ordered
unsold copies of the book to be returned to the publisher, and "many thousands" have already been returned, Mitchell
But Antonio Cabrita, a lawyer for Amaral, told CNN he will argue the right to "freedom of speech,"
under the Portuguese constitution in seeking to lift the judge's injunction against the book and Amaral.
injunction, issued in September 2009, also extends to the book's Portuguese publisher and a Portuguese TV station that
reported on the book's allegations, said Cabrita, who represents only Amaral, not the other defendants.
is expected to testify first, on Tuesday, about his book's allegations that Madeleine may have died accidentally at the
Portuguese resort and that her parents were aware of that, Cabrita said.
"Now there is a chance to present
new facts" to the judge, Cabrita said, adding that Amaral's book basically contains allegations that were part of
the police investigation before authorities closed the case.
Mitchell said such allegations, which can't be
proven, hurt the parents' search to find Madeleine.
The McCann couple "didn't start this fight"
with Amaral and were reluctant to bring the lawsuit, but felt compelled because "he can't prove his points,"
Amaral was a lead investigator on the case when he gave an interview to a Portuguese newspaper,
despite an order of judicial secrecy surrounding the investigation, and his superiors then removed him from the case, Cabrita
CNN Madrid Bureau Chief Al Goodman contributed to this report
Maddie Case: British Cop invokes state secrets privilege to refuse to testify,
11 January 2010
Maddie Case: British Cop invokes state secrets privilege to refuse to testify Jornal de Notícias
By Nuno Miguel Maia 11 January 2010 00h00m Thanks to Joana Morais for translation
Trial on book about Maddie without
key witness from the English investigation side
A detective sergeant from Scotland Yard invokes
"State immunity" and obligation of secrecy on the investigations of the Maddie case in order to refuse to testify
tomorrow, Tuesday, at the beginning of the trial that opposes the McCann couple to the former coordinator of the PJ, Gonçalo
The hearing of witnesses tomorrow at the Civil Court of Lisbon, will be limited to the elements that were
requested by the former head of the Judiciary Police of Portimão, most of which also collaborated in the investigation of
the English girl's disappearance. The case concerns the order to withdraw from the market all the books "The Truth
of the Lie", in which is defended the thesis of Maddie's death and the parental involvement in hiding the cadaver.
The English cop, incidentally with a Portuguese name (José de Freitas), was the liaison officer between the
Portuguese and English authorities and the McCann couple. On several occasions he accompanied Kate and Gerry, who would be
constituted as arguidos, after being confronted with evidence of human blood and cadaver odour in the apartment at
the Ocean Club in Praia da Luz, Lagos. The traces - remember - were detected by the English dogs "Eddie" and "Keela".
As is usual in the standard procedures of the British, all the contacts and signals expressed by the McCanns
were registered, including those that contributed to support the decision to constitute them as suspects. And it's relating
to that, and to other data, that Gonçalo Amaral seeks a statement.
"Any potential evidence [testimonial]
that I can give may be subject to confidentiality and Immunity of the English Public Interest. Furthermore, since all the
services that I performed were official, the principle of State immunity is applied and it will be necessary to gain
the consent of the United Kingdom authorities to waive that State immunity before I could be subject to the jurisdiction of
the Portuguese courts and be able to give any evidence, whether relevant or not. The State immunity covering my official
acts is that of the United Kingdom and not mine, and can not be renounced by me, but only by the United Kingdom", wrote
José de Freitas to the judge of the Civil Court of Lisbon after having been notified, in a letter that JN had access.
The police officer suggests that his witness statement should be instead requested through a rogatory letter
or through the British Ambassador in Portugal. But subjected to prior authorisation by the English authorities, who have
just set a tight regime of secrecy of the process in England (read the next article).
In 1966, F. Truffaut directed the remarkable "Fahrenheit
451". This science fiction film, which has always impassioned me, finds at the present moment one of its most unfortunate
fulfilments with the news published in a daily newspaper, whose title is "McCann couple demand books be completely
Dr Paulo Sargento 11 January
Thanks to Joana Morais for translation
Indeed, the McCanns have asked for much and given very little or close to nothing! It is unfortunate that not
even them, at the moment, speak of the little girl Madeleine McCann (their daughter and co-applicant in the process - even
though, unfortunately, no court is aware of her whereabouts, and thus of her legal status) and are more concerned with their
public image and with, the theoretical, enormous profits from books and videos which oppose their version of what happened
on May 3, 2007.
In the middle of this inglorious battle, one should, however, question: Where is Madeleine? After
the archival of the process, what was done to find her?
One of the witnesses presented by the McCanns is Dave Edgar, one of the "private detectives" who, in recent times, has dedicated himself to
searching for the girl.
Let us make a simple consideration, with so many private detectives that for the last two
years, have worked on the case, what has been achieved regarding the location of the little girl, Madeleine? Nothing. Unfortunately,
nothing. Why? Is it reasonable to believe that this failure is due to the book of Gonçalo Amaral? Did the whole world
lose interest in Maddie due to the arguments of the former inspector Gonçalo Amaral? One of two things: either Gonçalo
Amaral is a Genius or the World is Stupid!
The process relating to Maddie case can be reopened. Kate McCann, the
mother, just has to answer to one of the more than four dozen questions that she refused, consciously, to answer in September
Together with my colleague Peter Gamito,we made the first 3D simulation of the events of May 3, 2007.
I have presented arguments to support the conclusion that the abduction theory was untenable.
The argument, which I repeat now, boils down to this: it was the girl's parents that suggested the possibility of abduction,
presenting a sequence of timings for the supervision of the children (not of Maddie alone) which did not exceed, on average,
7 minutes in absolute terms (values that would be severely shortened if relying, in addition, on the movements of the several
tapas 9 characters, with the stated stops near the apartment and on the conversations between these characters). What criteria
has the McCann couple, or the detectives who they have been hiring, to demonstrate the possibility for an abduction? I confess
that I would like to know, at least, one argument that could be put up for discussion and logical argument. I regret that
so far that has not happened.
Sadly, instead of presenting arguments that could sustain such a thesis, attempts
to destruct opposing views are wielded, a fact which doesn't even deserve the adjective of antithesis.
McCann is not the daughter of Gonçalo Amaral! Madeleine McCann is the daughter of Kate and Gerry McCann. I regret that
the McCanns insist in worrying more with Gonçalo Amaral than with their daughter and that, like in the movie "Fahrenheit
451", believe that firefighters, rather than putting out fires, should burn books...
by Manuel António Pina 11 January 2010
Thanks to Joana Morais for translation
There are probably good reasons for books to be burned, in the defence of someone's right to a reputation.
Nonetheless, it is within the management of the permanent conflict between personality rights and freedom of expression that
its core lies, and it is there, for that same reason, that the firmness of a core value to the democratic system itself is
In the trial that starts tomorrow, the McCann couple want the destruction of all the books in which Gonçalo
Amaral, the former coordinator of the investigation into the disappearance of little Madeleine, defends the position that
both may have been involved in the case. Amaral argues, in favour of his thesis, with facts from the investigation itself,
which he directed; the McCanns argue that Amaral's arguments offend their right to a reputation. Justice will decide,
but similar arguments could be used to burn, on a daily basis, the entire Portuguese Press, and to light an immense "Bücherverbrennung"
in the democratic countries in general. An opinion is an opinion and it is worth the same as the facts that it is based upon.
Opinions are not burned, they are discussed and opposed.
McCanns back in Portugal to face detective in court, 12 January 2010
McCanns back in Portugal to face detective in court Daily Express
By Nick Fagge Tuesday January 12, 2010
and Gerry McCann returned to Portugal last night for a courtroom showdown with the detective who accused them of being involved
in the disappearance of their daughter Madeleine.
The couple face fresh heartache as they battle to ban a best-selling
book by Goncalo Amaral about Madeleine, who went missing on May 3, 2007.
The case, to be heard at Portugal's
top civil court, is also the first step in the McCanns' £1million libel action against Amaral. He led the Portuguese
police investigation into Madeleine's disappearance and was instrumental in making her parents official suspects or arguidos.
The McCanns, from Rothley, Leics, were later cleared of any wrong-doing.
Amaral was taken off the case after he
criticised British detectives and later resigned.
He called the hearing to overturn an injunction banning the book.
Amaral will argue that he has the right to publish it under Portuguese freedom-of-speech laws.
English couple want to prevent witnesses from confirming the thesis that they concealed Maddie's
by Nuno Miguel Maia 12 January 2010 00h00m Thanks to Joana Morais for translation
Kate and Gerry McCann are trying to prevent
the investigators in the case of the disappearance of their daughter Madeleine from being heard, today, at the Civil Court
of Lisbon, at the start of the trial of the injunction that removed the book "The Truth of the Lie" from the market.
The argument for this request that was presented to the judge, over the last few days, is related to alleged "vices"
[flaws] in the opposition that was filed by Gonçalo Amaral, the former Polícia Judiciária investigator
in Portimão and the author of that book, which defends the thesis of Maddie's death and the involvement of the
parents in the disappearance of the cadaver.
Today, several Polícia Judiciária officers that were
summoned by the former coordinator are to be heard, who may eventually corroborate the same thesis. Magalhães e Menezes,
the Public Ministry prosecutor who archived the process, has also been summoned.
In the final dispatch, this magistrate
also admitted the possibility that the little English child is dead and that the McCann couple did not manage to prove their
innocence – because the diligence of the reconstruction of facts was not carried out, due to the English friends being
The lawyer who represents Kate and Gerry McCann argues that the facts that have been alleged by the
couple in the injunction – which ordered Gonçalo Amaral's book and the documentary that was based on it,
to be removed from the market – should be deemed as fact, because they have not been duly challenged.
that therefore it is unnecessary to hear the investigators in court, including Tavares de Almeida and Ricardo Paiva, from
the PJ in Portimão, Luís Neves, the PJ's heavy crime unit director, and Guilhermino Encarnação,
the former PJ director in Faro. The former PJ inspector, Francisco Moita Flores, has also been summoned as a witness. As JN
reported yesterday, another key witness for Gonçalo Amaral was a Scotland Yard officer who cooperated with the Portuguese
investigation. In order to refuse to testify, José de Freitas (an English subject, despite the Portuguese name) sent a letter to the court in which he alleges his obligation towards confidentiality and "State immunity"
of the United Kingdom.
The McCann couple argue that the constant spreading of the former PJ coordinator's thesis
unjustly places them as suspects – in contradiction with the archiving dispatch – and that it hurts the search
for the little girl. They refuse the possibility of death and insist on the abduction thesis.
On the other hand,
the former PJ coordinator alleges that he is not the only one to defend the possibility that Madeleine is deceased and the
possible involvement of her parents in the disappearance of the body. He stresses that it is based on facts that are gathered
within the process – including "indications" that were detected by English dogs.
Kate and Gerry McCann arrived yesterday,
Monday, close to 23:00, at Lisbon airport in order to be present on Tuesday at the start of the trial that pits them
against Gonçalo Amaral. On arrival, Gerry argued that without sufficient evidence, it should not be allowed for anyone
to say that it is not possible to find Maddie.
By Nigel Moore
Gerry McCann: "Aye, well we're just here to continue
the search for Madeleine and to protect the... our own family and their human rights and I think it's fairly clear,
you know, no-one should be allowed to say that our daughter cannot be found without very good evidence to the contrary and
that's what the... the court case is about."
McCanns 'Want Justice' At £1m Libel Trial, 12 January 2010
McCanns 'Want Justice' At £1m Libel Trial Sky News
2:13am UK, Tuesday January 12, 2010 Jon di Paolo, in Lisbon
Kate and Gerry McCann arrived in Lisbon for the start of their £1m libel trial against a former police chief saying
they want to see justice done for their missing daughter.
The McCanns arrive at Lisbon Airport
The couple are in the Portuguese capital for a three-day hearing at which they will seek £1m in
compensation and a final ruling preventing Goncalo Amaral from repeating claims he made about them.
had originally been due to be heard in December, but had to be postponed after Mr Amaral's lawyer was taken ill.
Mr Amaral was in charge of the investigation launched when Madeleine McCann disappeared shortly before her fourth birthday
during a family holiday in Praia da Luz in May 2007.
He was taken off the case the following October after criticising
British police in a newspaper interview.
Mr and Mrs McCann were named by police as "arguidos", or suspects,
but that status was lifted when the investigation was shelved in July 2008.
The same month, Mr Amaral published
a book called Maddie: The Truth Of The Lie, in which he claimed the youngster was dead and called into question the McCanns'
account that she had been abducted.
A Portuguese judge granted an injunction in September last year banning its
further sale or publication.
The former policeman was also prohibited from repeating his claims about Madeleine
or her parents.
Arriving at Lisbon Airport, Mr McCann said: "We're just here to continue the search for
Madeleine, and to protect our own family, and their human rights.
"No-one can be allowed to say that our daughter
can't be found without very good evidence. That's what this court case is about."
Mrs McCann said:
"We're looking for justice."
The couple, both 41, from Rothley, Leicestershire, are not expected
to give evidence during the hearings, although they are thought to be planning to attend them all.
They have previously
said any money awarded in damages by the courts would go towards paying for private investigators to look for their daughter.
Update at 8:58am UK, Tuesday January 12, 2010
Same report as above with added
video and live text facility
McCanns return to Portugal for libel trial of detective who led Maddie investigation,
12 January 2010
McCanns return to Portugal for libel trial of detective who led Maddie
investigation Daily Mail
By MAIL FOREIGN SERVICE Last updated at 7:47 AM on 12th January 2010
trial will start today of a former senior Portuguese detective who published a book alleging that Madeleine McCann died inside
her parents' apartment.
Kate and Gerry McCann launched legal action against Goncalo Amaral
after he publicly questioned their accounts of what happened to their daughter.
both 41, from Rothley, Leicestershire, flew to Lisbon yesterday ahead of the three-day trial at the main civil court in the
Madeleine was nearly four when she went missing from her family's
holiday apartment in Praia da Luz in the Algarve on May 3, 2007, while her parents dined with friends nearby.
Four months after her disappearance, Portuguese police made Mr and Mrs McCann 'arguidos', or formal
suspects, in the case.
But their arguido status was lifted when the investigation was shelved
in July 2008.
Mr Amaral at first led the inquiry into Madeleine's disappearance for Portugal's
CID, the Policia Judiciaria (PJ).
But he was taken off the case in October 2007 after criticising
the British police in a newspaper interview.
In his book Maddie: The Truth Of The Lie, published
in July 2008, Mr Amaral claimed that Madeleine died in her family's holiday flat on the night she disappeared and questioned
the McCanns' account that she was abducted.
A Portuguese judge granted an injunction
in September last year banning further sale or publication of the book.
The former policeman
was also prohibited from repeating his claims about Madeleine or her parents.
travelled to Lisbon for the opening of the libel trial in December but the hearing was adjourned until this week after Mr
Amaral's lawyer failed to turn up for health reasons.
The ex-detective's legal team
is expected to argue that the material in his book is contained in the official Portuguese police files for the case, many
of which were made public in August 2008.
Reports in Portugal suggested Mr Amaral plans to
call a number of senior figures involved in the Madeleine investigation as witnesses.
could include Jose Cunha de Magalhaes e Meneses, the local public prosecutor in the case, and Guilhermino Encarnacao, director
of the PJ in the Algarve when the child vanished.
Mr Amaral's lawyers also sought evidence
from a British policeman, Metropolitan Police Detective Sergeant Jose De Freitas, who was seconded to Leicestershire Police
to help with the British end of the investigation.
But he is not expected to appear as a
witness in the trial.
A Scotland Yard spokeswoman said: 'We can confirm that the Metropolitan
Police Service has received correspondence from the Portuguese authorities.
is currently being considered.'
In a statement released through their Portuguese lawyers,
the McCanns said their main motive for challenging Mr Amaral was to further the search for their daughter.
They also argued that Mr Amaral's book was 'against the Portuguese constitution and against the Universal
Declaration of Human Rights'.
'All the court decisions we are trying to obtain are
destined to prove Madeleine is alive and spread the information that her search is worthwhile,' the couple said.
It is understood that Mr and Mrs McCann plan to attend all this week's hearings, but do not intend to return
to Praia da Luz as they did in December.
The couple are also seeking 1.2million euros (£1.08million)
in compensation for defamation in separate legal proceedings against Mr Amaral in Portugal.
They have said any damages awarded by the courts would go towards paying for private investigators to look for Madeleine.
Madeleine McCann 'Died In Holiday Apartment', 12 January 2010
Madeleine McCann 'Died In Holiday Apartment' Sky News
BREAKING NEWS 1:21pm UK, Tuesday January 12, 2010
Jon di Paolo, in Lisbon
A report into the disappearance of Madeleine McCann,
signed by a police chief, said she had died in the family's holiday apartment, a court has been told.
in charge of the original inquiry into Madeleine's disappearance said the report was signed by Tavares De Almeida, who
was chief inspector of police at the time Madeleine vanished.
Jose Magalhaes e Menezes also revealed that text
messages sent by Kate and Gerry McCann were intercepted by police who were suspicious about their role in their daughter's
But the texts were not considered as part of the investigation because a judge would not allow it.
Mr Menezes was the first witness called at a libel trial brought by the McCanns against former police chief Goncalo
Amaral. His book claimed Madeleine had died in the family's apartment in the holiday resort of Praia da Luz in May 2007.
But Mr Menezes said he thought the probability of Madeleine being alive was 50/50.
He said the decision
to designate the McCanns 'arguidos' - or suspects - was taken by police after sniffer dogs brought to Portugal from
England had carried out their searches.
Giving evidence, Mr de Almeida said that the dogs identified blood and
the smell of a human body inside the dining room of the holiday flat and in the car the McCanns were using.
animals also found a scent on a piece of cloth in a flat rented by the McCanns after they left the apartment.
One of the dogs was in a nervous, excitable state, and wanted to get into the room, according to a report by British
police, said Mr de Almeida.
The McCanns are seeking £1m compensation and a final ruling preventing Mr Amaral
from repeating the claims he made about them.
The McCanns' lawyer told the court that the couple were prepared
to give evidence but only after Mr Amaral had done so.
The case may now last longer than its expected three days
because a new witness - named as Luis Frois - is being called by the McCann team.
Mr Amaral was in charge of the
investigation launched when Madeleine McCann disappeared shortly before her fourth birthday.
He was taken off the
case the following October after criticising British police in a newspaper interview.
Mr and Mrs McCanns' status
as arguidos was lifted when the investigation was shelved in July 2008.
The same month, Mr Amaral published a book
called Maddie: The Truth Of The Lie, in which he called into question the McCanns' account that she had been abducted.
Arriving in Lisbon, Mr McCann said: "No-one can be allowed to say that our daughter can't be found without
very good evidence. That's what this court case is about."
Mrs McCann said: "We're looking for
The couple, both 41, from Rothley, Leicestershire, have said that any damages awarded to them would
go towards paying for private investigators to look for their daughter.
Update, 3:59pm UK Tuesday
January 12, 2010 Sky News
By STAFF REPORTER Published: Today (12 January 2010) A
POLICE report into the disappearance of Maddie McCann said she died in the family's holiday apartment, a court was told
The lawyer in charge of the original inquiry said the report was signed by Tavares De Almeida,
who was chief inspector of police at the time the youngster vanished.
Jose Magalhaes e Menezes also revealed that
text messages sent by Kate and Gerry McCann were intercepted by Portuguese police who were suspicious about the couple's
role in the then almost four-year-old's disappearance.
But the texts were not considered as part of the 2007
investigation because a judge would not allow it.
Trial ... Goncalo Amaral
Mr Menezes was the first witness called at a libel trial brought by the McCanns against former police chief
His book — "Maddie: The Truth Of The Lie" — claimed the tot died in the family's
apartment in the holiday resort of Praia da Luz in May 2007.
The McCanns have always maintained their daughter
went missing as they dined with friends in a restaurant nearby.
Mr Menezes said the decision to make the McCanns
arguidos — Portuguese for suspects — was taken after sniffer dogs brought from England identified blood in the
couple's flat and rental car.
The dogs also found a scent on a piece of cloth in a flat rented by the McCanns
after they left the apartment, he said.
The McCanns want £1MILLION compensation and a ruling
to stop Amaral repeating his claims.
The couple's lawyer told the court they were prepared to give evidence
— but only after Amaral had done.
The McCanns have also called a new witness — named Luis Frois —
in the trial.
Amaral was in charge of the original Maddie investigation, but he was taken off the case after slamming
British cops in an interview.
Arriving in Lisbon yesterday, Mr McCann said: "No-one can be allowed to say
that our daughter can't be found without very good evidence. That's what this court case is about."
Mrs McCann said: "We're looking for justice."
McCanns 'were suspected by police', 12 January 2010
Portuguese police believed Madeleine McCann died in her family's holiday flat and that her parents
faked her abduction, a court has heard.
Kate and Gerry McCann faced former detective Goncalo Amaral across a courtroom
as he tried to overturn a ban on his book that claims their daughter is dead.
One senior detective told the hearing
in Lisbon that police made the McCanns "arguidos", or suspects, in the case after concluding Madeleine died accidentally
and her parents covered up the death by inventing a kidnapping.
Chief Inspector Tavares de Almeida said he believed
Madeleine died in her family's apartment in the Algarve resort of Praia da Luz on the day she went missing in May 2007.
He told the court the main evidence for this was the findings of British police sniffer dogs sent to Portugal to examine
The McCanns' lawyer, Isabel Duarte, challenged this claim, arguing that the sniffer dog results did
not constitute proof and were not allowed as evidence in the case.
Mr Amaral is calling a series of senior Portuguese
officials involved in the investigation into Madeleine's disappearance as witnesses to support his allegations.
His lawyers argue that the material in his book is contained in the official Portuguese police files for the case, many
of which were made public in August 2008.
Jose Cunha de Magalhaes e Meneses, the local public prosecutor in the
Madeleine investigation, gave evidence via video link. Asked whether he believed that the little girl was dead, he said it
Mr Amaral's lawyers are also seeking evidence from a British policeman, Metropolitan
Police Detective Sergeant Jose De Freitas, who was seconded to Leicestershire Police to help with the British end of the investigation.
Claim that Maddie McCann died is repeated, 12 January 2010
The former inspectors involved in the investigation of Madeleine McCann have confirmed their conviction in court that the
child died and the couple hid the corpse. Even the deputy national director of the Judiciary
Police has assured that the mother assumed, by herself, that her daughter had died. It was the first session
of the trial of the injunction that has banned the book by ex-inspector Gonçalo Amaral.
New criticism of English authorities in the Maddie case, 12 January 2010
Magalhães e Menezes, the Public Ministry's
prosecutor who archived the Maddie case, said today, Tuesday, that the death thesis is the most likely one to explain Maddie
McCann's disappearance, which doesn't mean it's the right one.
The statement was made during the hearing
of several members of the Polícia Judiciária, at the Civil Court of Lisbon, during the trial of the injunction
that removed the book "The Truth of the Lie" from the market.
During the morning, the defence for the
former investigator and author of the book, Gonçalo Amaral, expressed the wish for all witnesses to be questioned while
facing a DVD containing the entire 15 to 16 volumes of the whole inquiry and archiving dispatch.
The judge asked
the court services to provide for a computer where the DVD can be exhibited, for the witnesses to be confronted with the document.
On his turn, investigator Tavares de Almeida, who has also been summoned within this process, expressed some criticism
towards the English authorities, namely concerning the good development of the investigation into the disappearance of the
little British girl.
Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation,
12 January 2010
Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation Lusa News Agency
Published: 12-01-2010 22:02 Thanks to Joana Morais for translation
At the first trial of the action brought by the McCann family against
Gonçalo Amaral, that took place at the Palácio of Justiça in Lisbon, the four witnesses argued that the
theory of the former agent does not affect nor prevent any investigation for the discovery of a live Madeleine.
first to refute the arguments of Kate and Gerry McCann, who were present at the session, was the prosecutor of Portimão
Magalhães e Menezes, who, via video conference, said that the thesis that the "child was dead was one of the options
originally put forward by the PJ" which led to "the constitution of the English couple as arguidos".
The holder of the investigation to the disappearance of British child, on May 3 2007, stated that it "remained in open
the thesis of the crime of homicide and cadaver concealment for not knowing what had happened to the child" and stressed
that "nothing in the investigation evidenced that the McCann couple had committed any crime", which lead to the
Inspector Tavares de Almeida, who participated in the investigation, reported the police work with the
two dogs used to detect human blood and cadaver odour in the apartment in Praia da Luz, Algarve, where the child had been
on vacation with her twins and parents, and in the car rented by Kate and Gerry.
He stated that in the investigation
they "always talked about accidental death". Tavares de Almeida stressed that "all
the actions were recorded, with image and sound", and he added that at that time the suspicions of the crime
of hiding a corpse and simulation of an abduction were founded.
These conclusions were reproduced in a book written
by Gonçalo Amaral, whose prohibition of the sale was ordered temporarily on the 9 September 2009, in the scope of a
main action claim for the protection of freedoms, rights and guarantees of the McCann family.
Amaral does not usurp the investigation conclusions, because they come from investigation", said Tavares de
In his turn, the PJ inspector Ricardo Paiva, the liaison police officer to the English police, and later
on to the McCann family, said "The thesis of the book of Gonçalo Amaral is the investigation"
and ensured that there was "no intention" of the book author "to harm the couple".
Finally, the top coordinator of the Criminal Investigation and PJ national director of the Unit for Combating
Banditry assured that the contents described in the book "are facts that were filmed and described and that are
in the process".
Nunes das Neves went on to say that the thesis of the Madeleine's death was
"one of the hypothesis assumed by Kate".
However, he acknowledged that "There
is no evidence to support" the death of the child, but emphasized "we know how things happened".
The prosecution, through the McCann couple's lawyer, Isabel Duarte, confronted the witnesses with alleged
discrepancies in the book, like a walk during which an Irish couple reported seeing a man carrying a child in his arms, moving
towards the beach, in the day of the disappearance.
"The book is full of inferences and deductions",
said Isabel Duarte, at the end of the hearing, which continues on Wednesday with the questioning of defense witnesses.
In addition to Gonçalo Amaral, who led the initial investigation into the disappearance of the British child,
in this trial are still concerned the publisher of the book Guerra & Paz, TVI, for having broadcast a documentary film
based on the book and the producer Valentim de Carvalho, for having marketed the DVD of that documentary.
Madeleine McCann's death 'covered up by parents who faked kidnap',
court hears, 12 January 2010
Madeleine McCann's death 'covered up by parents who faked kidnap', court hears Telegraph
Madeleine McCann died in an accident in her family's Algarve holiday apartment and her death
was covered up by her parents who then concocted a tale of kidnap, a Portuguese court was told.
By Fiona Govan in Lisbon Published: 10:30PM GMT 12 Jan 2010
The McCanns arrive at court for libel trial
Kate and Gerry McCann, both 41, were in court to hear how the detectives leading the investigation into
their daughter's disappearance believed they had lied to hide the truth.
"She died in the apartment as
a result of a tragic accident and the parents simulated an abduction after failing to care of their children," Tavares
de Almeida, former chief inspector at Portimao police station during the initial months of the investigation, told the court
"These were the conclusions of a police report signed by me on September 10 2007," he added.
The allegations against Kate and Gerry McCann, both 41, were presented in court on the first day of a hearing to challenge
the publication of a book written by Algarve detective Goncalo Amaral.
Lawyers for the detective, who led the team
that made the McCanns arguidos – suspects – in their daughter's disappearance, called witnesses to support
the claims outlined in his book. The McCanns arguido status was lifted after ten months in July 2008 when the Attorney General
ruled there was no evidence against them.
The pair, from Rothley, Leics, came face to face with their detractor
for the first time since they were officially made argiuidos in September 2007, four months after they daughter vanished days
before her fourth birthday.
Mr Amaral, 50, led the initial investigation into Madeleine's disappearance from
a holiday apartment in Praia da Luz on May 3 2007 while her parents dined with friends at a tapas bar nearby. He was sacked
from the case, which remains unsolved.
His book, entitled "The Truth of The Lie", published in July 2008
claims that Madeleine died in the apartment and questions her parents' account of events that evening.
a bestseller in Portugal selling more than 200,000 copies and went on to be published in six languages and made into a documentary
After a year long campaign the McCanns succeeded in getting a temporary injunction banning further sales
and it was withdrawn from shelves last September. The couple believe that the book is damaging the search for their daughter
by asserting that she is already dead and are suing for liable.
They are expected to ask a judge for around £1million
in damages which they will use to pay for their own continuing hunt for their daughter, who they believe was kidnapped and
could still be alive and being held somewhere.
Mr de Almeida told the court: "We have always spoken of a tragic
accidental death – not homicide. The McCanns did not kill her but they concealed the body,"
Mr de Almeida,
who worked under Amaral and was also taken off the case in September 2007, said the decision to designate the McCanns 'arguidos'
was made by police after sniffer dogs brought to Portugal from England had carried out their searches.
Mr de Almeida said that the dogs had identified blood and the scent of a human corpse inside the childrens' bedroom and
the dining room of the McCanns' holiday flat.
The animals also reacted to traces on a piece of cloth in a villa
rented by the McCanns after they left the apartment and in the boot of a rental car hired by the family several weeks after
Mr de Almeida also complained that Portuguese police efforts to investigate the McCanns
had been frustrated by their British counterparts. "We were told that the UK would not accept any investigation of the
McCanns – there was a lack of cooperation," he said.
But later he said that the theory that the parents
had covered up Madeleine's death as outlined in Amaral's book was one reached by British police on the ground in Portugal
"This wasn't something invented by Amaral," he insisted. "It was a conclusion reached by
the team of Portuguese investigators as well as British police."
Mrs McCann wearing a dark coloured floral
dress sat impassively in the front row of the court room beside her husband. The pair held hands and exchanged occasional
whispers and nods as they were passed notes by interpreters informing them of court proceedings, which were carried out in
Mr Amaral, dressed in a dark suit and purple tie, was seated at the bench beside his legal team, fifteen
feet away from the couple. He spent much of the proceedings with his eyes closed avoiding the direct gaze of the McCanns.
Tuesday's court hearing in the Portuguese capital was an opportunity by Mr Amaral to have the temporary injunction
against publication of his book overturned. Neither he nor the McCanns will be called to give evidence in the hearing which
is expected to last a minimum of three days.
A third witness said the turning point of the investigation came following
a tearful call from Mrs McCann who, after a dream, told police where to search for her daughter's body.
Inspector Ricardo Paiva, who acted as a liason between the McCanns and Portuguese police in the days following their daughter's
disappearance told the court he had received the phone call in late July 2007.
"Kate called me, she was alone
as Gerry was away and she was crying," he said. "She said she had dreamt that Madeleine was on a hill and that we
should search for her there.
"She gave the impression that she thought she was dead – it was a turning
point for us."
The senior detective said the land was searched but nothing was found. "That is when we
decided to send the specialist dogs in. British police informed us about how they could detect the scent of death."
He admitted that the police had been suspicious of the McCanns from the start of the investigation. "They disobeyed
our request to keep quiet about the details of their daughter's disappearance while we conducted our investigation. Instead
they turned it into a media circus and that gave rise to some suspicions."
He said that the McCanns should
have faced prosecution for leaving their children alone. "They should have been pursued for neglect. People have been
arrested for far less – even in the UK."
The case continues.
Court agony for McCanns: Couple listen in disbelief as Portuguese police say Maddie
is dead and abduction was faked, 12 January 2010
Court agony for McCanns: Couple listen in disbelief as Portuguese police say Maddie is dead and
abduction was faked Daily Mail
By VANESSA ALLEN Last updated at 11:03 PM on 12th January 2010
Portuguese police convinced themselves Madeleine McCann's parents faked her abduction, despite having no evidence against
them, a court was told yesterday.
Officers leading the investigation into the three-year-old's disappearance
believed she died in a 'tragic accident' and that her parents hid her body, a senior detective admitted yesterday.
The dramatic confession was made during a tense legal battle in a Portuguese courtroom, played out in front of Kate
and Gerry McCann.
Reliving the pain: Gerry and Kate McCann arrive at court in Lisbon yesterday
After almost three years of leaks, slurs and innuendo, Inspector Tavares Almeida laid bare unsubstantiated
police suspicions against the couple.
It was the first time any Portuguese police officer has spoken publicly about
the decision to name the McCanns as arguidos, or official suspects.
Mr Almeida said the decision was taken after
he filed a damning report to the Portuguese prosecutor in September 2007, four months after Madeleine's disappearance.
'The conclusion arrived at in the report was that Madeleine McCann died in the apartment and that the McCanns
simulated the abduction,' he said.
'So they are suspects. It was a tragic accident in the apartment that
Mr McCann shook his head in disbelief as Mr Almeida gave his evidence on behalf of his former senior
officer, disgraced detective Goncalo Amaral.
He put his arm around his wife as they sat in the public gallery of
The couple, both 41, have accused Mr Amaral of libel after he wrote a book accusing them of covering
up their daughter's death.
Yesterday's hearing was part of that £1million libel case.
Almeida claimed that British police had also believed the McCanns were involved after Madeleine vanished from their holiday
apartment in Praia da Luz.
'We all believe she is dead,' he declared defiantly. 'It was our conclusion
as police professionals, both Portuguese and British police. The McCanns didn't kill her but they concealed the body.'
Madeleine vanished from a holiday apartment while her parents ate dinner with friends at a nearby restaurant on May
The McCanns led a worldwide campaign to find her, but there have been no confirmed sightings.
A second officer, Ricardo Paiva, said Portuguese police were suspicious of the couple's 'merchandising'
operation in the months after Maddie disappeared. The Madeleine Fund they set up sold wristbands and T-shirts publicising
the case and used the money to support the search.
Mr Paiva said they should have faced prosecution for leaving
their children alone, saying: 'People have been arrested for far less - even in the UK.'
He admitted that
Mr Amaral's conviction about the McCanns' involvement had stopped police from investigating other theories.
But the only evidence the Portuguese police could amass against the McCanns was the reaction of sniffer dogs sent into the
couple's holiday apartment in Praia da Luz, which smelled 'the scent of death'.
The performance of
the dogs has been called into question after they also reacted to remains at Haut de la Garenne orphanage in Jersey, which
were later found to be animal bones.
Mr and Mrs McCann, both doctors, were finally cleared when the police investigation
was officially shelved because of a lack of evidence.
Mr Amaral, 49, was sacked from the investigation after launching
an outspoken attack against British police.
Speaking after the hearing, McCann family spokesman Claudia Nogueira
said the couple, of Rothley, Leicestershire, had been 'hurt' by the day's allegations.
She said: 'However,
they know what really happened, so they're confident. They just want to find their daughter.'
Kate McCann made a suspect in Maddy disappearance after a nightmare, 13 January
Kate McCann made a suspect in Maddy disappearance after a nightmare Daily Mirror
By Martin Fricker in Lisbon 13/01/2010
was made a suspect over daughter Madeleine's disappearance simply because she had a nightmare, it was revealed yesterday.
A court in Portugal heard how Kate rang a detective in tears just weeks after Madeleine went missing to tell of a
dream in which she saw the little girl's body lying on a hillside in Praia da Luz.
Inspector Ricardo Paiva
said: "It gave the impression she thought Madeleine was dead – it was a turning point for us." The astonishing
revelation came during the McCanns' libel action against disgraced detective Goncalo Amaral.
He has written
a book cruelly accusing them of faking Madeleine's abduction after she died in a tragic accident in their flat.
The McCanns were in court yesterday and had to endure shameful claims from Amaral's cronies.
said afterwards: "It is hurting them, these things repeated again and again." 'I
dreamed I saw body on hillside'
Just weeks after Madeleine McCann vanished, sobbing mum
Kate rang the Portuguese detective appointed to look after her to tell of a horrific dream in which she had seen her daughter's
Distraught Kate said Madeleine had been lying on a hillside overlooking the beach at Praia da Luz. She
begged Inspector Ricardo Paiva to search the spot.
Astonishingly, rather than inspiring pity at a desperate mother's
plight, the incident sparked only suspicion in the minds of the officers who were supposed to be hunting Madeleine and her
And yesterday Paiva told a Portuguese court the frantic phone call was the crucial episode that led to
both Kate and Gerry becoming suspects. Kate and Gerry sat just yards from Paiva as he gave evidence in their libel trial against
disgraced ex-detective Goncalo Amaral.
He said: "The turning point of the investigation came after I received
a phone call from Kate. She was alone as Gerry was away and she was crying.
"She said she had had a nightmare
and saw Madeleine's body lying on a hillside and we should search for her there. She gave the impression that she thought
she was dead."
Paiva, a family liaison officer, said he took the call at the end of July 2007. Madeleine had
vanished on May 3.
Police duly searched the hillside but found no clues.
But Paiva said the call was
the catalyst that persuaded Portuguese police to ask their British counterparts to bring in sniffer dogs to examine the McCanns'
He told the Lisbon court: "We decided to send the specialist dogs in. British police informed us about
how they could detect the scent of death."
But the detective admitted the police had been suspicious of the
McCanns from the start– simply because they had tried to give the stalled hunt for Madeleine some
He added: "They disobeyed our request to keep quiet about the details of their daughter's
disappearance while we conducted our investigation. Instead, they turned it into a media circus."
even insisted the McCanns should have faced prosecution for leaving their three children alone in the holiday flat while they
dined with friends.
He added: "They should have been pursued for neglect. People have been arrested for far
less, even in the UK."
Kate and Gerry are suing Amaral, who led the early stages of the Madeleine inquiry
until he was sacked for criticising British police. They have a worldwide injunction stopping publication of his book Maddie:
The Truth of the Lie, which accuses them of faking their daughter's abduction after she died in their Praia da Luz holiday
flat in a tragic accident.
The couple, from Rothley, Leics, listened intently yesterday as more Portuguese officers
gave evidence in support of the disgraced ex-policeman.
Kate regularly shook her head in frustration. Gerry remained
But at times it was hard to avoid the feeling that the hearing was more like a trial of the couple
than an examination of Amaral's vicious claims.
At one stage during one outrageous allegation, Gerry put a
comforting arm around Kate's shoulders.
Inspector Tavares De Almeida, who worked under Amaral, bluntly accused
the couple of covering up Madeleine's death. He said: "The conclusion arrived at was Madeleine died in the apartment.
"The McCann couple simulated the abduction to hide the fact they had not taken care of their children.
"They were suspected of concealing the body and simulating the kidnap.
"We have always spoken of a
tragic accidental death. There was no homicide.
"They did not kill but they concealed the body." De Almeida
insisted Amaral's book was "a true history."
Asked if he believed Madeleine had died on the night
she vanished, he replied: "Yes, she is dead."
He claimed British police agreed. He added: "We all
believe she died. It was the conclusion of both Portuguese and British police."
District attorney Jose Menezes,
who gave the go-ahead for the McCanns to be made official suspects, said his officers eventually reached the conclusion Kate
and Gerry concealed Madeleine's body.
He also accused the McCanns of lying about checking on Madeleine and
her twin brother and sister every 30 minutes the night she vanished.
Mr Menezes added: "It was longer, like
every 45 or 50 minutes. It seems there was a lie in the investigation." But he also admitted there was no evidence to
charge the McCanns conceded it was "Fifty-fifty" whether Madeleine was still alive.
Luis Neves, ex-head
of Portugal's serious crime squad, said a British profiler employed by Portuguese police had given him impression the
McCanns were involved in the disappearance.
Another investigator claimed police had evidence of text messages between
the couple following Madeleine's disappearance. But they were denied permission to read the contents of the messages by
the judge under privacy law.
After yesterday's session the McCann's spokeswoman Claudia Nogueira said hearing
the allegations had been painful.
She added: "I think it is hurting them. They can feel hurt by these things
being repeated again and again and again.
"However, they know what really happened so they are confident.
They just want to find their daughter."
Maddie 'died' in apartment Portuguese police chief tells court, 13 January
By Nick Fagge in Lisbon Wednesday January 13, 2010
MADELEINE McCann died in her family's holiday apartment as the result of a tragic
accident and her parents concealed her body, a police chief told a court in Portugal yesterday.
and Gerry McCann neglected their children and lied to detectives investigating Madeleine's disappearance, a senior government
lawyer also claimed.
And detectives intercepted text messages between the couple in the days after the youngster
vanished from the Algarve resort and looked into ways of preventing them from leaving the country.
even claimed that Portuguese police changed their inquiry from a missing person search to a murder investigation after Kate
told him she had a nightmare and had seen Madeleine's body lying on a hillside. The allegations – which have all
been vehemently denied by the McCanns – were outlined during the dramatic opening of a case brought by Goncalo Amaral,
the former detective who headed the initial investigation.
He wants to overturn a ban on his controversial book
on the case.
In a separate legal action, the McCanns are seeking £1million compensation and a final ruling
preventing Mr Amaral from repeating the claims he made about them, which they say are untrue and based on a deeply flawed
investigation. The couple have said any money would be used to help try to find Madeleine.
The McCanns have never
been charged with any offence and were cleared by the Portuguese authorities after they admitted there was no evidence to
prosecute the couple.
After a tense opening, their spokeswoman confirmed that the couple found listening to the
allegations very painful. She said: "I think it is hurting them. They can feel hurt by these things being repeated again
and again and again. However, they know what really happened so they are confident. They just want to find their daughter."
Chief Inspector Tavares de Almeida told the court that he believed the couple, from Rothley, Leicestershire, were
directly involved in Madeleine's disappearance – a theory he said was shared by Portuguese and British officers
working on the case.
He said: "The conclusion that was arrived at was that Madeleine McCann died at the apartment
and the McCann couple simulated the abduction to hide the fact that they had not taken care of their children.
was a tragic accident in the apartment that night and they neglected the care of their children. It was the conclusion of
both Portuguese and British police. We have always spoken of a tragic accidental death. There was no homicide."
Asked if he thought Madeleine was dead, Mr de Almeida replied: "Yes. She is dead. It was not only the police who believed
this but the public prosecutor. The McCanns did not kill her but they concealed the body." Mr de Almeida was giving evidence
on behalf of his former colleague Goncalo Amaral who is seeking to overturn a ban on the book he wrote about the Madeleine
case entitled Maddie: The Truth Of The Lie.
The detective described the book as a "true history of the facts".
He said: "Goncalo Amaral was very careful to come to this conclusion with the facts."
Luis Neves, the
head of Portugal's anti-terrorism unit, told the court they had employed a British profiler who gave him the impression
that the McCanns were guilty of involvement in Madeleine's disappearance.
Mr de Almeida said their suspicions
about the couple appeared to be confirmed when sniffer dogs found traces of blood and the smell of death at the McCanns'
One of the dogs was in a nervous, excitable state and wanted to get into the room, said Mr de
He said: "Inside the apartment there were two places where the dogs gave a sign. One was in the bedroom,
the other was in the dining room.
"It was also found in the McCanns' new apartment on a piece of clothing
and in the rental car."
Asked if it was the dog's reaction that led police to make the McCanns formal
suspects in the investigation, he said: "No, they were already suspected of simulating a kidnapping and concealing the
The McCanns' lawyer, Isabel Duarte, challenged this claim, arguing that the sniffer dog results
did not constitute proof and were not allowed as evidence in the case.
Mr de Almeida said the investigation was
hampered by the British authorities who provided only one sheet of paper of information when asked to look into the background
of Kate and Gerry and their friends.
Earlier, District Attorney Jose Magalhaes e Menezes told the court how text
messages sent by Kate and Gerry were intercepted by police who were suspicious about their role in their daughter's disappearance.
He said: "The phone taps were set up in order to clear or implicate the McCanns." But the texts were not
considered as part of the investigation because a judge would not allow it.
Giving evidence via videolink, Mr Menezes
claimed that the couple lied to police about how long they had left Madeleine alone.
He said: "The truth is
that the McCanns did not seem concerned about the safety of their children. They neglected to take care of them.
"They told police that checks on the children had been made every half an hour that evening – then how could
there be an opportunity for her to go missing? So it was therefore a longer interval – maybe 45 to 50 minutes."
Under fierce questioning from Amaral's lawyer, Mr Menezes was asked again and again if he thought Madeleine was
He refused to give an answer until he was again asked by Judge Gabriela Rodrigues for his opinion on whether
she was dead or alive.
He replied: "Fifty-fifty". He added his team looked into ways of preventing Kate
and Gerry returning the UK.
However, under cross-examination, he conceded that the McCanns had always made themselves
available to detectives for questioning during the investigation.
Yesterday, the McCanns sat just feet away from
Mr Amaral in the cold, stone floored courtroom in Portugal Palace of Justice.
Dressed in a pretty floral dress,
tights and boots Kate and husband Gerry whispered to each other as the legal proceeding took place in front of a packed public
Their lawyer told the court that the couple were prepared to give evidence but only after Mr Amaral had
The McCanns' legal team also intend to call a new witness which could result in the case lasting longer
than the expected three days.
Madeleine was nearly four when she went missing from her family holiday apartment
in Praia da Luz in the Algarve on May 3 2007 while her parents dined with friends nearby.
Later, another witness
told the court that the investigation changed from a missing person's inquiry into a murder hunt after Kate had a nightmare
and told police where to look for the body.
Police liaison officer Ricardo Paiva said: "The turning point
of the investigation came after I received a phone call from Kate McCann.
"She said she had had a nightmare
and saw Madeleine's body lying on a hillside." Police carried out a thorough search of the land overlooking the beach
at Praia da Luz but found nothing.
Asked if he had ever got the impression from the McCanns that they thought Madeleine
could be dead, he said: "Yes."
However, he added that he did not think that claims that she was dead
had hampered the police investigation as officers continued to get regular sightings of the missing youngster.
said: "In this week I have received a dozen sightings of Madeleine."
Mr Paiva, who was removed from the
inquiry at the request of the McCanns, said he received the call at the end of July when Gerry was away and Kate was in Praia
da Luz on her own.
At this point the Portuguese police were told about British search dogs that could find dead
He added: "At the end of July Kate phoned me. She was alone as Gerry was in the UK and she was crying,
saying she'd dreamt Madeleine was up in the hills and we should do searches there. She gave the impression that she thought
Madeleine was dead."
Mr Paiva said detectives became suspicious of the McCanns the moment they disobeyed police
advice to keep quiet while they investigated.
Instead the couple turned the case into a media circus.
He said they claimed they had to do everything. "From the minute they shunned our advice we suspected them," he
However, under cross examination he accepted claims that the couple contacted the media before the police
were not true. Judge Rodrigues asked him why he could not accept that Madeleine could have been kidnapped and then killed.
Mr Paiva did not answer.
Mr Paiva said if Madeleine was alive and being held captive publicity would be more likely
to hasten her death. Mr de Almeida told the court that well-wishers who gave cash donations to the Madeleine Fund had been
conned as the girl was dead and the money was being wasted.
He said Portuguese police investigated whether they
could launch a fraud inquiry to protect the £2million in the fund.
But they abandoned the idea after it became
apparent they had no jurisdiction – as the fund was held in the UK.
He said: "There was a discussion
with the British police about the fund because we couldn't understand its purpose. We were concerned that there was a
fraud being carried out. We asked our British colleagues about it and were told it would be very complicated.
Portugal had no jurisdiction over the Madeleine Fund because it is based in the UK."
He said the British authorities
refused to carry out any investigation into the McCanns or their friends.
He told the court: "All they sent
us was one A4 piece of paper. We were told the British would not accept an investigation of the McCanns."
police found the "merchandising" of the Madeleine Fund – the sale of wristbands – very strange.
The McCanns' status as suspects was lifted when the investigation was shelved in July 2008. The same month, Mr Amaral
published the book.
Arriving in Lisbon, Mr McCann said: "No one can be allowed to say that our daughter can't
be found without very good evidence. That's what this court case is about."
By ANTONELLA LAZZERI Published: Today (13 January 13 2010)
MADELEINE McCann's parents were yesterday accused of faking her kidnap and hiding
The outrageous claim was made in court by a senior Portuguese cop who said of the missing
child: "She is dead."
Maddie's distraught mum Kate uttered "No, no" as she listened to
the allegations in Lisbon.
They were made by Chief Inspector Tavares Almeida as he gave evidence in support of
his former boss Goncalo Amaral, who is seeking to have a ban lifted on his controversial book about the case.
said he believed Maddie, three when she vanished from the McCanns' holiday apartment in 2007, died in a "tragic accident"
at the flat.
He insisted the parents then feigned an abduction.
---------------- Kate dreamt Maddie's
body was on a hillside The Sun
Cruel claims ... McCanns arrive for hearing
By ANTONELLA LAZZERI Published: Today (13 January 2010)
KATE McCann had a dream in which she saw the body of missing
daughter Madeleine on a hillside above their holiday resort, a court heard yesterday.
she told Portuguese cops of the nightmare, they became convinced the little girl had been KILLED rather than
The McCanns' Portuguese police liaison officer Inspector Ricardo Paiva even called it "the turning
point of the investigation".
His description of the dream was among a series of wicked claims made about Kate
and husband Gerry, both 41-year-old doctors, at Lisbon's Palace of Justice.
The devastated parents held hands and looked emotional as a judge heard wild allegations they: KNEW
all along that Maddie, nearly four when she disappeared, had died in an accident in their apartment in May 2007. SIMULATED a kidnapping and concealed the girl's body. SENT each other "suspicious"
texts after Maddie went missing. WERE "involved" in the child's disappearance in
the opinion of a British crime profiler, and SHOULD have been charged with neglect because they left Maddie
and her younger twin siblings Sean and Amelie in the Praia da Luz apartment while they dined out with friends. The claims came from Portuguese cops in a case brought by their ex-boss Goncalo Amaral, the officer who led the initial
investigation into the Maddie mystery.
He is seeking to overturn a ban on his book The Truth of the Lie, in
which he makes similar allegations to those heard in court yesterday.
The McCanns, who have always maintained Maddie
was snatched and is still alive, won a legal order barring the book in September.
They say it is libellous and
harms the search for the little girl.
And they are poised to launch a £1million damages claim against Amaral.
Yesterday a spokeswoman for the couple said they were "hurt" by the courtroom claims.
added: "However, they know what really happened so they are confident. They just want to find their daughter."
Insp Paiva told how tearful Kate told him about her dream in a phone call two months after Maddie vanished - and asked
cops to search the hill she had "seen".
He said: "She gave me the impression she thought Madeleine
was dead." He added police combed the area but found nothing.
Quizzed by the McCanns' lawyer Isabel Duarte,
Paiva admitted Kate told him Maddie might be on the hillside as she had seen a lot of cars heading there. He
said sniffer dogs were then brought in from Britain.
Chief Insp Tavares Almeida repeated allegations the dogs
found the scent of a body in Maddie's bedroom, the apartment's lounge, the McCanns' hire car and on a piece of
clothing in a flat to which they later moved.
Asked how Maddie might have died, he said: "We always spoke
of a tragic accidental death, not homicide. The McCanns did not kill her but they hid the body."
Prosecutor Jose Magalhaes e Menezes told how police suspected Kate and Gerry texted each other immediately after Maddie's
They asked to see the messages but were turned down by the authorities on the grounds of "human
rights to freedom".
Asked if he thought Maddie was dead or alive, he replied: "50-50." The case
-------------------------------------- His smiles, their pain The Sun
By ANTONELLA LAZZERI in Court 7, Palace of Justice, Lisbon
STROKING a photo of Maddie tied to her handbag, Kate McCann asked an interpreter what Chief Inspector Tavares
Almeida was saying.
When told of his cruel accusations, she looked tearfully down at the floor,
And she flinched when the cop said of Madeleine in a loud and stark voice: "She is dead."
Nearby sacked police chief Goncalo Amaral smiled confidently, the diamond in his left ear glittering in the courtroom's
He knew he was achieving what he had always yearned for - to put the McCanns on the spot over the disappearance
of their daughter.
He rocked back in his chair as one after another, former colleagues backed up his scurrilous
insistence that Kate and husband Gerry covered up Maddie's death after an accident at their holiday flat.
cops' testimony was the kind normally heard at a criminal trial.
The boot will be on the other foot if Amaral
loses his case and the ban on his book remains.
But for Kate and Gerry McCann nothing will make up for the loss
of their precious daughter.
"Maddie died and the parents concealed", 13 January 2010
Justice: Injunction against 'The Truth of the Lie' is contested
By João C. Rodrigues 13 January 2010 - 00h30 Thanks to Astro for translation
The investigation into the disappearance of Madeleine
McCann, in Praia da Luz, in May 2007, started as if it was an abduction. But "Kate and Gerry McCann were made arguidos
because the elements that were collected during the investigation pointed towards death, simulation of abduction and concealment
of the child's cadaver", chief inspector Tavares de Almeida, one of the PJ investigators who held the case until
he was removed from it – in early September 2007 – when he requested the change of the coercion measures into
preventive custody "to prevent them from leaving Portugal", said in court yesterday.
spoke about an accidental death. Even prosecutor Magalhães Menezes [holder of the process] believed in Maddie's
death, just like Kate herself, at a given point in time. But the PJ does not have the power to accuse and the process was
archived", Tavares de Almeida explained – in front of the McCann couple – during the first session of the
opposition to the injunction that prohibited the sale of former PJ inspector Gonçalo Amaral’s book 'The Truth
of the Lie'.
"The dogs detected blood and cadaver odour in the apartment and in the rented car. And all
that was collected was [done] jointly with members of the Birmingham laboratory, in order to avoid any discrepancies. But,
as incredible as this may sound, after the first result showed that 15 out of 19 alleles from the sample of Madeleine's
DNA coincided, they came and said that they had contaminated the samples", Tavares de Almeida accused.
thesis of death and cadaver concealment was also defended by inspector Ricardo Paiva, who served as the liaison officer between
the PJ and the British family. "I share Gonçalo Amaral's statement in the book. Maddie dies, probably in a
tragic accident, and all indications point towards the parents concealing the cadaver", he stated.
was defended by the director of the National Counter-Terrorism Unit, Luís Neves – "the simulation of abduction,
concealment of cadaver and accidental death are possibilities" – and by prosecutor Magalhães e Menezes –
"it is more likely that the child is dead".
Gonçalo Amaral and Isabel Duarte, the McCanns' lawyer, expressed satisfaction coming out of Civil Court 7, of Lisbon.
On trial is the thesis defended by Gonçalo Amaral - accusing Kate and Gerry of
responsibility in the death, abduction and concealment of a cadaver. The couple accuse the former inspector of defamation
and seek damages of 1.2 million euros.
ENGLISH SURVEILLANCE HAMPERS THE INVESTIGATION
English elements here, incognito. We were targeted by surveillance and highly controlled by the English authorities",
Tavares de Almeida accused. "And official cooperation was done at the measure of the Anglo-Saxon authorities. For example,
when we requested information from England, still during the investigation into the abduction thesis, it never arrived",
he stresses. Ricardo Paiva explained that three British agencies were involved – Leicester Police, MPIA and Scotland
Yard – and that many of the diligences were suggested by them.