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 Thanks, Pamalam

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 campaign@findmadeleine.com    

Temporary Injunction - Decision and Reaction *

MCCANN FILES HOME BACK TO GERRY MCCANNS BLOGS HOME PAGE PHOTOGRAPHS
NEWS REPORTS INDEX MCCANN PJ FILES NEWS MAY 2007
 
 
The smiling face of the McCanns' lawyer, Isabel Duarte, on emerging from the closed session
The smiling face of the McCanns' lawyer, Isabel Duarte, on emerging from the closed session

Gonçalo Amaral arrives at court to hear the judge's decision.

The McCanns do not attend.

McCanns will release statement on Thursday (18 February), 17 February 2010
 McCanns will release statement on Thursday Keir Simmons ITV Twitter

 
McCanns will release statement on Thursday

By Keir Simmons, ITV
17 February 2010

Kate and Gerry #McCann will issue statement tomorrow, then hold news conference Friday to respond to result of libel case, I'm told.

Documentary: 'Judicial secrecy was not broken', 18 February 2010
Documentary: 'Judicial secrecy was not broken' Algarve Resident

Special Report by Chris Graeme
Updated: 18-Feb-2010


The deputy director of a popular Portuguese tabloid that distributed a DVD based on a documentary that claimed Madeleine McCann died tragically in a holiday apartment in the Algarve in May 2007 denied in court last week (February 10) that judicial secrecy had been broken.

Eduardo Dâmaso, a witness at the injunction case that seeks to permanently ban publication and repetition of the book Maddie - A Verdade da Mentira (Maddie - the Truth of the Lie) and its thesis, said that the temporary injunction against dissemination of the book and its allegations was only made on September 9, 2009, more than a month after the DVD was sold through an edition of Correio da Manhã on July 29, 2009.

The DVD is closely based on a documentary produced by Valentim de Carvalho Films.

The film was aired on Portuguese television channel TVi on April 13, 2009 to coincide with the second anniversary of Madeleine's disappearance from Praia da Luz on May 3, 2007.

In court, Gonçalo Amaral's lawyers argued that the case was archived by Portuguese police investigators on July 1, 2008 and that the official dispatch was finalised on July 29, 2008 and so neither the newspaper nor the film company and its distributors had breached either judicial secrecy, which had already expired, or the temporary injunction which was issued later.

However, the McCanns' legal team, headed by Isabel Duarte, argued that of the 75,000 DVDs produced, 10,868 sold and 63,369 withdrawn and destroyed, many could have continued to be sold at newspaper stalls.

They also argued that the film appeared widely on the internet with English subtitles for the world to see.

Luís Froes, general manager of Valentim de Carvalho Films, argued that the shelf life of a film was normally 15 days and then it would be withdrawn and destroyed.

"The versions on the internet are not ours. They are pirate copies of the TVi programme. Someone must have recorded it and put in the subtitles - we don't do that," he said.

It was also argued that there had been no violation of judicial secrecy because, as Gonçalo Amaral's lawyers claimed, "everything that was in the book was in the investigation".

However, Isabel Duarte counter argued that although the case had been archived, it had not been closed and therefore the allegations made in the film and DVD "damaged the chances of finding Madeleine", undermined the "physical and moral rights of the parents and her siblings and the good name of the family". She also added that the book and documentary were produced as a "factual description rather than opinion" and criticised witness statements produced on behalf of Gonçalo Amaral as displaying a "degree of cynicism".

Defending Gonçalo Amaral, António Cabrita, asked what was so special about the book, when several other journalists and writers had written about the Madeleine Case.

"Maybe there is a problem with the book because it is too close to the truth," he said.

The Guerra e Paz publisher's lawyer also criticised the McCanns for using the media when it suited their ends but then tried to gag the media when their interest and investigations didn't suit their line of argument.

"Citizens should be concerned that a court may forbid Gonçalo Amaral to talk about the case. After all, he has the authority to speak about it because he was the Chief Investigator," he said.

Isabel Duarte and her team then suggested that Gonçalo Amaral had published his book out of revenge for being removed from the case and "to make profits."

The judge, Maria Gabriela Cunha Rodrigues, was due to make a ruling on the book yesterday (Thursday) at 10.30am.

McCanns To Hear Ruling On Madeleine Book Ban, 18 February 2010
McCanns To Hear Ruling On Madeleine Book Ban Sky News

Julia Reid, Sky News Online
8:38am UK, Thursday February 18, 2010


Kate and Gerry McCann will find out later whether a book that claims they were involved in their daughter's disappearance will be banned for good.

Goncalo Amaral, the former lead investigator in the case of Madeleine McCann, is fighting to overturn a temporary injunction on his book, which alleges Madeleine died in the family's holiday apartment and her parents faked her abduction.

The McCanns travelled to Lisbon earlier this year to hear the final legal arguments in the case and renew their appeal to find Madeleine, who disappeared from Praia da Luz in May 2007.

They said they were fighting the case to make sure people keep searching for their daughter.

"If people believe, unnecessarily, that she's dead without any evidence then we'll never find her," Mr McCann said.

His wife added: "The important thing to remember is that a child is still missing."

The couple also said they wanted the whole investigation into their daughter's disappearance to be reviewed by Portuguese and British police.

Mr Amaral's lawyers have described the case as an attack on freedom of speech.

They argued that material in the book is contained in the official Portuguese police files for the investigation, many of which were made public when the case was shelved in August 2008.

The former detective is being sued for around £1m by the McCanns in a separate libel case, and the couple have also launched criminal proceedings against a Portuguese TV channel.

TVI broadcast a documentary based on Mr Amaral's book prior to the temporary injunction, but the McCanns' lawyers believe the channel then broke the rules of the injunction by continuing to discuss the allegations against the couple.

Mr Amaral has vowed to go to the European Court of Human Rights if he loses his case.

The McCanns, who are from Rothley in Leicestershire, will not be travelling to Portugal to hear the judge's decision.

Gonçalo Amaral arrives at Lisbon Court, 18 February 2010

Gonçalo Amaral arrives at Lisbon Court, 18 February 2010

Picture courtesy: fduartecarvalho

Live tweets from 'rupial' in Lisbon, 18 February 2010

rupial tweets, 18 February 2010

The lawyers are called before the judge
The lawyers are called before the judge

Picture courtesy: fduartecarvalho

rupial tweets, 18 February 2010

People waiting outside court room
People waiting outside court room

Picture courtesy: fduartecarvalho

rupial tweets, 18 February 2010

rupial tweets, 18 February 2010

Live tweets from Frederico D Carvalho in Lisbon, 18 February 2010

Frederico D Carvalho tweets, 18 February 2010

McCann's Injunction: Quotes by the Defence Lawyers, 18 February 2010
McCann's Injunction: Quotes by the Defence Lawyers Joana Morais blogspot

The following quotes come from notes taken in loco [on spot] at the 7th Civil Court, at Palace of Justice in Lisbon, on the day when the closing arguments were presented by the defence lawyers of the four parties targeted in this case and by the McCanns' lawyer.

18 February 2010
Thanks to
Joana Morais for translation

----------------------------

Quotes from the closing arguments of Dr. António Cabrita, Gonçalo Amaral's defence lawyer

 Dr. António Cabrita

It is unhealthy the McCanns obsession about the child being alive, the refusal to admit that she may be dead.

The withdrawal of the book and DVD embody this obsession.

What should worry us is the court decision to forbid debate about the situation, of commenting or of giving opinions. Everyone, everywhere comments on everything, that cannot be stopped. The discussion of an archived case cannot be forbidden.

This matter is too serious to be treated lightly. You cannot forbid like in other times (reference books burned in the University of Berlin).

Why attack this book?

Other books were written on the case, for example "The McCanns Guilt" or "Maddie 129". Despite the first having on its cover, the word "guilt", it was not attacked. Why? Why this book? Why Gonçalo Amaral?

Why ask for the seizure and destruction of the book after more than a year? At a time when it was being negotiated the translation and publication of this book in English.

Maybe because what is said in this book is dangerously close to that is the truth. Perhaps because Gonçalo Amaral is a renowned investigator, and has knowledge of many things.

António Cabrita regrets the subservience of the Portuguese: who do not even interpret, but accept the interpretation of others.

The whole process is 'sick' of provincialism, of atrocious subservience.

It is enough to read the book to understand that what is in here is the story of an investigation, and no one can erase it.

The archiving dispatch says, at page 4647, that "it was not achieved any evidence to formulate any hypothesis...nor to state ... alive or dead, as seems more likely"

The book says nothing but: 'it is likely that ...'.

But what offends the McCanns is the archival dispatch, which says "Considering the statements… contradictions ... reconstitution… following very important information ... Jane Tanner's proximity in relation to Gerry McCann and Jeremy Wilkins when she saw someone, carrying the child ... the situation relative to the open window, the movement of the curtains ... required a reconstruction…the fact that it is very difficult to assemble the conditions for entering the apartment ... the fact that the denials ( or lack of solidarity from the friends) to do the reconstruction were not justified ... This prevented the investigation."

The McCanns said they were watching the apartment every half hour, but on May 1st, the children cried for over an hour.

Kate left the twins alone in the apartment to go alert the friends, the twins never woke nor moved in the midst of the turmoil.

The distance and lack of visibility of the apartment from the restaurant.

It can be concluded that if she disappeared, and if in fact, it was not possible to find her, then it was not as they told.

Is there offense in the book?

Or at the archival dispatch?

Curiously, the dispatch was omitted in the request for the injunction.

It is the McCanns perverse understanding that since the archival no one can say anything that contradicts their thesis. It is not so in a democracy. Especially, when you tell stories that rely entirely on the facts of an investigation.

I am ashamed to be Portuguese.

On June 1, 2007, a British detective interpreted Gerry McCann's testimony about the way his daughter was sleeping ... as a commitment to convey a positive image.

António Cabrita refers to and reads the "extremely confidential" report by Lee Rainbow from the National Policy Investigation Agency which recommends an investigation to the couple because of contradictions in their statements, "the family is a lead that should be explored" and considers that "one should investigate not only the kidnapping but as well the death of the child".

To obtain a decision of censorship, based on assumptions, facts were omitted from the injunction. That is why the DVD [containing the investigation case files] was shockingly omitted.

It was always given to the press the idea that Gonçalo Amaral accused the couple of killing their daughter. However, the book does not accuse the McCanns of killing their daughter. It alleges simulation of abduction without mentioning by whom, and only suspicion of concealment of a cadaver.

The book is the story of an investigation, written by whom is endorsed to write it.

If the McCanns were constituted as arguidos it is because there were suspicions against them.

Gonçalo Amaral treated the couple with kindness; the British police was tougher with them.

António Cabrita speaks of the invasion of tourism in the Algarve, a land of fishermen and makes an analogy. Any tourist is treated as English, even if it is German, etc.. He then tells a story about a yacht owner who put his head out the porthole and made a fisherman say "what do you do at 6 am with a yacht around your neck".

The accusation of violation of the secrecy of justice (because of the delivery of the manuscript to the publisher) acknowledges after all that what is in the book is what is in the process.

On June 21, 2008, it was announced in the press that the case would be filed.

The book was launched on June, 24. From September 2007 there was no longer secrecy of justice with the amendments made to the Criminal Procedure Code, Article 86, paragraph 6.

It was not the PJ or Gonçalo Amaral who called the media to publicize the disappearance of the child, it was the couple.

Since the archival dispatch, there is no longer secrecy of justice.

So the media could reproduce the case files and Gonçalo Amaral not?

Regarding the profits of Gonçalo Amaral with the book, it is a recurrent argument.

It is alleged that Gonçalo Amaral made abyssal profits, and that he wrote the book to pay off his debts.

Did anyone come here to work for free? Profit is a normal thing, where is the harm?

What is a shame is the fund that is supposed to help find Madeleine.

Citizens who have contributed to the fund have been defrauded.

They are curtailing Gonçalo Amaral financial possibilities, to make impossible his defence.

"I refuse to be subservient."

He says that as Portuguese citizen he feels ashamed.

The couple never thanked the efforts of the PJ and the population of Praia da Luz.

They just came to do their reconstruction.

He ends by asking the judge to return his pride of being Portuguese.

Gonçalo Amaral's freedom of expression was limited by those who should thank him.

--------------------

Quotes from Drª. Fátima de Oliveira Esteves, defence lawyer for Guerra e Paz [War and Peace], Publishers, SA

Guerra e Paz logo

Their action is belated, the McCanns seems to have waited to see if the book would sell or not, and if there was an English version.

The McCanns used the Portuguese courts to prevent the divulging of the book.

They made an abusive misuse of the court's decision, with the French authorities, and German (Amazon), in an attempt to close sites (mentions Carter Ruck letter sent to Pamalam's site and the English version of the book that is on the Web).

The injunction was initially rejected for lack of legal basis, and continues to have no foundation.

The parents are the ones who are responsible for the moral and physical integrity of Madeleine, not Gonçalo Amaral, Guerra & Paz, TVI nor Valentim de Carvalho Movies.

So much interest the parents have, that they have reported nothing to the process regarding the sightings. They alone have used the media; the media have been abused and manipulated by the couple, which works only for the media aspect of the case.

When there is no reason, you shoot in all directions, referring to the McCanns lawyer.

The injunction does not have justification; the book adds nothing and does not alter the facts of the investigation.

Other books were published and nothing was done against them. Guerra & Paz published the book 'The McCanns' Guilt', only the title could have produced problems but the McCanns did nothing.

The publication of this book is comprised in the freedom of the press.

The book by Gonçalo Amaral contains an opinion based on an investigation. There is persecution in parallel proceedings against Gonçalo Amaral.

This is a case of purely personal persecution; the couple publicly denigrated the good name of Gonçalo Amaral.

She ends asking for the lifting of the injunction, with all the consequences arising therefrom.

------------------------------

Quotes from the closing arguments of TVI's defence lawyer, Dr. Miguel Coroadinha

Dr. Miguel Coroadinha

The case continues to exist, information continues to come in - but none from the couple, despite them telling the media that their private investigation continues to gather information.

The couple does not inform the PJ of anything, they do not ask for the reopening of the investigation. They merely manage the information in the media.

TVI tried to acquire the rights to broadcast Channel Four's documentary, in order to display both sides of the case. That did not happen because the couple stopped the transmission by TVI. The film was eventually broadcast by SIC.

TV ratings are important, but they are not everything. Obviously, companies have profits as an objective, but TVI intended to shed some light on this issue, in depth.

The behaviour of the couple is very different from TVI. The applicants [McCann couple] subjected themselves to, encouraged, benefited and even influenced the media circus surrounding this case. And the police investigation turned out to be constrained by those same media.

Everything is released by the couple to the media, but nothing is sent to the process. Even the lunch hour was used to give a 'show', and to publicize another action against TVI. The applicants make a planned media management, but nothing is investigated.

The McCanns want the media to reproduce only what they want to see debated, and they do not want to it to exceed a certain threshold.

He concluded appealing for the personal rights of the applicants to not prevail over freedom of expression.

----------------------------------

Quotes from the final allegations of Dr. Henrique Costa Pinto, representative of Valentim de Carvalho Movies

Valentim de Carvalho logo

The applicants, strangely, are more concerned with preventing the production of evidence.

The contradictions and evidence led the investigators to consider the thesis of death above the abduction one.

An archival dispatch does not innocent anyone, that happens at the proper place, in court.

The dispatch refers the lack of cooperation, and he refers  the process at pages 4638, "the arguidos lost the chance to prove their innocence".

The proof in this case was not done; it is only general considerations and value judgments. Where is the offense? Where is a concrete violation of the personal rights of the applicants?

There is nothing. There are no facts of concrete violation in the book or in the video.

It is not possible that the documentary offends any right of personality of the McCanns.

Nothing was pointed out, in concrete as being false, mainly in the text of the main action.

The documentary and book are distributed worldwide. If someone divulges Gonçalo Amaral’s thesis, it is the McCanns through their media approach to the case.

This media festival is forced on us by the applicants.

He concludes with an appeal for the injunction to be lifted.

Sandra Felgueiras interviews Gonçalo Amaral and Isabel Duarte, 18 February 2010
Sandra Felgueiras interviews Gonçalo Amaral and Isabel Duarte RTPN

Transcript

With thanks to Astro for transcript/translation

Anchor: "The court has just decided that Gonçalo Amaral's book is not going to be put on sale, thus accepting the injunction that was requested by the McCann couple, which suspended the book and the documentary on the same subject that was broadcast by TVI. Last week, the former Polícia Judiciária inspector had defended the reopening of the process into the child's disappearance, saying that hundreds of diligences had not been carried out.

"This morning, entering the session, Gonçalo Amaral showed he was confident.

"But at this time, Sandra Felgueiras, good afternoon, and facing the court's decision, this confidence has collapsed."

Sandra Felgueiras: "It collapses, but Gonçalo Amaral left the court building saying that he will appeal the decision, until wherever necessary.

"But Gonçalo Amaral is already here with me, and at this moment, I would like to ask you [Gonçalo Amaral] if, with your expectations collapsing, you feel that you are a censored man in Portugal."

Gonçalo Amaral: "That is a fact. But expectations... this was one decision among the various possible decisions. Therefore, we were always prepared for this kind of decision, and the next step is an appeal."

SF: "What do you think happened to the contribution that was given, in court session, by your former colleagues from the Judiciária, who came here to reaffirm the thesis that you continue to be forbidden from repeating? Why wasn't it validated by the magistrate?"

GA: "I started to perceive... I trust justice very much, and I started to perceive that very often, what happens during trial hearings does not reflect itself on the sentences that are known. Therefore... this is the Portuguese justice system in operation."

SF: "But does it discredit Portuguese justice, at the moment? Do you believe that this decision puts the possibility of taking forward, and of writing what one believes is right, at stake?"

GA: "Exactly. This is a very dangerous decision, a decision that from now on can put any other book at stake. It puts at stake the possibility of the Portuguese people learning about facts, of accessing certain opinions, and of the reader, the Portuguese citizen, himself, forming his own opinion from what he reads and from what he sees. It looks like from now on, the Portuguese people are sheep, and the rest doesn't matter anymore. Certain formed opinions matter, from those who sometimes make public opinion, or who sell it on the market."

SF: "The Truth of the Lie thus remains forbidden on the market, Gonçalo Amaral remains forbidden from repeating the thesis; you have already told me that you will appeal to wherever necessary. Can you tell precisely for how long you are available to continue this fight?"

GA: "Until we reach the European Court of Human Rights. There, we have no doubts. And if that is where we have to go, we will get there. But now we are in the appeal phase, so I'm going to the second instance, and we shall see what the decision is."

SF: "Nevertheless, with this decision, don't you think that your pretension starts to lose some credibility in the country, even more so as last week you said you wanted to reopen the process, but at the same time the McCann couple presented, as they said, evidence that your colleagues in Faro, or in Portimão, to be more correct, have not been properly investigating the search for the child."

GA: "You are asking two completely different questions. I don't know what goes on in Portimão, but I can tell you that the issue of the reopening of the process, that is approached by the McCann couple, is a lie, because they did everything to archive the process, so one doesn't understand why the reopening of the process.

"And then that is how it is: as you know, in the archiving dispatch from the Public Ministry, several possibilities are mentioned. In order to reopen the process, all of those possibilities have to be investigated. And that is certainly not what the couple wants, that all possibilities are investigated.

"Concerning the other part, that not all leads are investigated, what always arrived at the police, and what is most likely to be arriving at this moment, are leads of sightings, I presume that they are of that kind, because I heard the McCanns' lawyer mentioning fifty similar or resembling children. I would say that there are many children like that one in the world."

SF: "Do you really believe that you did everything in your power to search for Madeleine McCann alive?"

GA: "I have no doubts whatsoever about that. That work is reflected in the book, The Truth of the Lie, and that is why the book was written, and there is no criticism concerning the work that was done, after the book was published."

SF: "Thank you. Such is the conviction of Gonçalo Amaral, and I'm now going to risk performing a somewhat complicated manoeuvre, even more so because there is a cable here, Pedro. Anyway, it is also important at this point in time to hear the opinion of the McCann couple's lawyer. The McCann couple are not in Portugal, this time, although they attended the previous hearings, both in December and in January. This time they chose not to come to Portugal, to hear the final sentence. Anyway, Isabel Duarte has already read to us the message that she received from Kate Healy, right after communicating to her that the decision had been favourable. And that message, Isabel Duarte, live for RTPN, I would ask you to tell us what the reaction was, from the McCann couple, about this, let's call it victory."

Isabel Duarte: "I sent a message to my client, Kate - my client [Gerry] is working right now - and she replied to me that, apart from thanking everyone that had supported her, and asking me to do so, this decision was the reopening of conditions to restart searching for her daughter with efficacy and success. It would be something good for Madeleine."

SF: "During this trial, we revived the memory of the death thesis, that you came here to silence, with several inspectors repeating that they believe that the child is dead. Now that you have this decision, do you think that the Portuguese public opinion is now in a position to forget about that part of the story, to forget that there was a period during which the Polícia Judiciária actually believed that the child is dead?"

ID: "What happened during this trial was that the only people who defended that thesis in reports in the process that is archived in Portimão, were brought here. No people who did not defend that thesis, namely the inspectors that undersigned the last report, which prompted the archiving of the process, were brought to this trial. As a matter of fact, the judge mentions exactly that, and clarified that she read the full Portimão inquiry before uttering this decision."

SF: "And what was the conclusion, what was the argument that the magistrate offered to justify maintaining this injunction?"

ID: "It's the same arguments, in more depth, of the first injunction, that is to say, that this book... She weighed the rights that are in confrontation here, that is to say, the right to freedom of expression, and the right of people to be treated with dignity and to be respected, and from that weight, from that evaluation, the judge understood that this book could not remain on the market because it violated rights that are more important than that of freedom of expression."

SF: "Concerning the main process, and your will, and the McCann couple's will to reopen that process, what phase is it in, at the moment?"

ID: "In our office, we are analysing all of the documents that came from the Algarve, selecting those that seem to be important to us and that which is secondary, or absolutely necessary, so I can meet with my colleagues and with my clients, and all of us make a decision concerning the reopening of the process, which they have manifested, over the last few days, that they want to do, after finding out that there are several elements in the Portimão process that they did not know about."

SF: "Thank you. Thus ends this trial, this saga, another saga in the Madeleine McCann process. Gonçalo Amaral's book, The Truth of the Lie, is definitely, or at least, at this moment, forbidden, it remains forbidden. Gonçalo Amaral is prevented from repeating the thesis that he defended and sustained in the book, which is to say, the thesis that he fed during the period that he coordinated the investigation, that is to say, believing that the child is dead and that the couple is behind the concealment of the cadaver.

"The magistrate, Maria Gabriela Cunha Rodrigues, agreed with the couple's pretension and sustained, in today's decision, that the right to a good name prevails and that therefore this book cannot remain on the market. It hasn't been on the market since September, now we know that it will remain like that.

"Nonetheless, Gonçalo Amaral continues saying that he will appeal until wherever necessary, even up to the European Court of Human Rights."

Isabel Duarte speaks outside Lisbon Court, 18 Febraury 2010
Isabel Duarte speaks outside Lisbon Court

Transcript

By Nigel Moore

Isabel Duarte:
(reading text message from Kate McCann) 'Thank you so much! Please pass my thanks on to Jorge and Ricard too', errr... my assistants, errr... 'Hopefully this will be the start of good things for Madeleine. So pleased. So pleased. Thank you. Big Hug, Kate.'

(to interviewer) This decision is a decision to protect all the citizens... Portuguese citizens, because this decison says that no-one can, errr... errm... harm, errr... this way, errr... a citizen that is not convicted or accused in court. Errr... So this is a decision to protect every Portuguese citizen, so we... I am... I am, as a lawyer and as a citizen, I am, errr... happy, errr... this is a very good decision. So, in... in... under this, errr... view, this is a victory for Portugal.

McCanns win Madeleine book ban case, 18 February 2010
McCanns win Madeleine book ban case Press Association

(UKPA)
18 February 2010


Former Portuguese detective Goncalo Amaral has lost an attempt to overturn a ban on his book claiming that Madeleine McCann is dead, a spokeswoman for the child's parents said.

Kate and Gerry McCann welcomed the ruling by a judge at Lisbon's main civil court, saying they were "very pleased and relieved".

Mr Amaral was the first head of the police investigation into the girl's disappearance from Praia da Luz in Portugal in May 2007, shortly before her fourth birthday.

In July 2008 he published a book, Maddie: The Truth Of The Lie, which alleges that Madeleine died in her family's holiday flat and that her parents faked her abduction.

A judge granted the McCanns, both 41 and from Rothley, Leicestershire, a temporary injunction last September halting further sale or publication of Mr Amaral's book and a TV documentary he made about the case.

The ex-policeman launched an appeal against the ban last month, calling a series of witnesses to support his claims, but Judge Maria Gabriela Cunha Rodrigues rejected his challenge.

Mr and Mrs McCann reacted to the ruling by vowing to continue looking for their daughter and appealing for help from the public.

They said in a statement: "The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm. It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads.

"We must and will keep looking for Madeleine and those responsible for her abduction. We implore the public, especially the Portuguese people, to help us look for Madeleine, to remain vigilant and to give us any information that could help us find our daughter."

Speaking outside the court, Mr Amaral vowed to appeal against the ruling, Portuguese media reported.

Hollow Victory For The McCanns, 18 February 2010
Hollow Victory For The McCanns Sky News

Kay Burley
February 18, 2010 12:22 AM

Madeleine McCann

So the McCanns have succeeded in their legal battle to stop a Portuguese police officer pedalling lies about the fate of their daughter.

Kate and Gerry continue to be furious that in their opinion, the officer's claims caused untold damage and delay in the search for their little girl.

But it's a hollow victory. They can continue enforcing the book ban and Goncalo Amaral will not make any more money out of their suffering, though he does plan to appeal.

However, Madeleine is still missing. Nothing has been heard of the youngster for almost three years. She was barely more than a toddler when she disappeared from her family's rented villa in the sleepy village of Praia da Luz.

Her parents say they will never give up hope of being reunited and insist during any interview that there is no evidence that harm has come to their precious little girl.

Every time I hear about their plight, it pulls at the heart strings. I cannot begin to imagine the daily torture they face. Not knowing must be the worst.

McCann statement on book ban, 18 February 2010
McCann statement on book ban Irish Times

Last Updated: Thursday, February 18, 2010, 12:58

This is Kate and Gerry McCann's full statement welcoming the news that a ban on former detective Goncalo Amaral's book about their daughter Madeleine's disappearance will remain in place:

We are very pleased and relieved with the judge's decision in Lisbon today.

By upholding the injunction against Goncalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

We are grateful to the judge for accepting that this injustice must not continue.

The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm.

It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads.

The motives of those who have tried to convince the world that Madeleine is dead, and who've disgracefully and falsely tried to implicate us in her disappearance, need to be seriously questioned.

As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and always will be, to find Madeleine through our own best investigative efforts.

It is still incumbent upon the British and Portuguese authorities to ensure that every credible lead has been investigated and that a meaningful search for our innocent and vulnerable little girl is properly carried out.

We must and will keep looking for Madeleine and those responsible for her abduction.

We implore the public, especially the Portuguese people, to help us look for Madeleine, to remain vigilant and to give us any information that could help us find our daughter.

Please do not give up on Madeleine. Please call 800 814 028 (in Portugal) or 0845 838 4699.

Thank you

Kate and Gerry McCann

McCanns 'Pleased And Relieved' At Book Ban, 18 February 2010
McCanns 'Pleased And Relieved' At Book Ban Sky News

BREAKING NEWS 1:44pm UK, Thursday February 18, 2010

Hannah Thomas-Peter, Sky News Online

Kate and Gerry McCann have said they are "pleased and relieved" at a judge's decision to uphold a ban on a former detective's book about the Madeleine case.

Goncalo Amaral's book Maddie: The Truth Of The Lie claimed Madeleine died in the family's holiday apartment and her parents covered up her death by faking her abduction.

A judge granted Mr and Mrs McCann a temporary injunction last September halting further sale or publication of Mr Amaral's book and a TV documentary he made about the case.

Mr Amaral, who was the lead detective in the Madeleine investigation, launched an appeal against the ban last month, but a Portuguese judge has rejected his challenge.

The McCanns reacted to the ruling by vowing to continue looking for their daughter and appealing for help from the public.

In a statement, the couple from Rothley, Leicestershire, said: ""By upholding the injunction against Goncalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

"We are grateful to the judge for accepting that this injustice must not continue.

"The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm.

"It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads.

"As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and always will be, to find Madeleine through our own best investigative efforts."

The McCanns said their main motive for challenging the former policeman is the fear that people will stop looking for Madeleine if they think she is dead.

Mr Amaral's lawyers argued his book's material was contained in official Portuguese police files, many of which were made public when the case was shelved in August 2008.

His lawyers and the Portuguese television company that made and distributed the documentary based on his book have said they will appeal the decision.

In a separate civil case, the McCanns are seeking over £1m in compensation from Mr Amaral for defamation.

The McCanns are due to respond to the court's ruling at a news conference in London on Friday.

"Banning of the book limits freedom of expression," says Gonçalo Amaral, 18 February 2010
"Banning of the book limits freedom of expression," says Gonçalo Amaral Expresso

The former Judiciary Police inspector states that the decision to uphold the banning of the book "Maddie - The Truth of the Lie" is "completely out of context"

Gonçalo Amaral says that he is suffering persecution by the McCanns

Lusa
13:51 Thursday, 18 February 2010
Thanks to
Joana Morais for translation

Gonçalo Amaral today considered "completely out of context," the court's decision to uphold the banning of his book "Maddie - The Truth of the Lie", in which the thesis of the involvement of Kate and Gerry McCann in the disappearance of their daughter is defended.

After affirming that he will appeal against the ruling, Gonçalo Amaral said that he disagrees with the decision of the judge, Gabriela Cunha Rodrigues, stressing that it reflects "the state where freedom of expression is in Portugal".

"Of course I do not agree with the decision. If we had agreed we wouldn't have opposed the injunction. This decision places in question and continues to limit my freedom of expression. Therefore, it is completely out of context," he said.

Gonçalo Amaral promises to fight

Outside the courthouse, in Lisbon, Gonçalo Amaral reiterated that the ruling read today, at the 7th Civil Court, "is another step" in the battle that he is fighting in court with the McCann couple, parents of the child who disappeared in the Algarve in May 2007.

"We are prepared to go to the European Court of Human Rights if necessary," he said, admitting that he is suffering "persecution" by the British couple, who have other cases against the former Judiciary Police inspector.

Amaral, who was part of the PJ investigative team set up to find Madeleine McCann, said that "it is the survival" of his family which is being placed at risk.

McCanns trust in Justice

For its part, the lawyer for Kate and Gerry McCann - who on Friday will promote a press conference in London - was glad to see "justice made" by the decision to withdraw from the market the book and the video [DVD] with the same title, based on a documentary broadcast on TVI .

"No one can offend a citizen or citizens who are not convicted in court. This was a good decision. I believe that my clients are now in a position where they can defend themselves in court," said Isabel Duarte, alluding to other actions brought against Gonçalo Amaral, one for defamation, that seeks damages of at least 1.2 million euros, and another for breach of secrecy.

Isabel Duarte said she trusted "the Portuguese courts" and noted that Kate and Gerry "do not know where Madeleine is and even though they live daily with the lies of many, they keep fighting with every strength".

"There are many people organized on the Internet, with hundreds of 'blogs', where they call them all the names. This is bad. My clients struggle against bandits and need support", she said.

The lawyer said she had notified the court decision to the McCanns through a cell phone message and that Kate said: "This is the beginning of a new situation that can reopen the search for Madeleine."

The trial of the injunction, ordered temporarily on 09 September 2009, was held in four sessions in mid-January.

In addition to Gonçalo Amaral, also a target were Guerra & Paz, the publisher of the book, TVI and Valentim de Carvalho, who sold the DVD broadcast in a documentary on that TV station. All will appeal the decision.

Madeleine McCann's parents win book battle, 18 February 2010
Madeleine McCann's parents win book battle Channel 4

By Channel 4 News
Updated on 18 February 2010


Kate and Gerry McCann's lawyer, Clarence Mitchell, says the decision to ban former Portuguese detective Goncalo Amaral's book means the search for Madeline can continue unimpended.

Kate and Gerry McCann's lawyer has told Channel 4 News they are delighted the focus will once again be on the search for their daughter and not on a court case. For over a year the couple have been fighting to get a book by Portuguese detective Goncalo Amaral banned.

Maddie: The Truth Of The Lie alleged that Madeleine died in her family's holiday flat and that her parents subsequently faked her abduction. Mr Amaral was the first head of the police investigation into the little girl's disappearance from Praia da Luz in Portugal in May 2007, shortly before her fourth birthday.

"Kate and Gerry are very pleased that the judge has done very much the right thing in their view," Clarence Mitchell said.

"It was causing serious ongoing disruption and damage to the search for their daughter, because if people believed what he'd written, they would think that she was dead and wouldn't even bother to search for her."

There will be a full trial at a later date on whether the injunction banning the book should be made permanent. Before the ruling, the former detective said he would fight all the way to the European Court of Human Rights if he lost the case.

"They didn't start this legal action, they don't want to appear litigious for the sake of it - they're not," said Mr Mitchell. "They didn't write this book, they didn't write this DVD. Mr Amaral did, and what he said was fundamentally wrong and damaging to the search, that's why they took this action."

Mr and Mrs McCann are due to respond to the court's ruling at a press conference in London tomorrow. But Mr Mitchell says they remain positive one day Madeline will be found.

"There is no evidence to suggest whatsoever that she has been harmed in any way... In the absence of that evidence to tell us what has happened to her they will continue to believe as best they can that there is hope."

The Portuguese former detective, Goncalo Amaral, had applied for the lifting of the ban on his book, which claims that the McCanns covered up the accidental death of Madeleine, when she went missing while on holiday with them in Praia da Luz in May 2007.

Maddie: The Truth of the Lie was published in July 2008. In September last year the couple were granted a temporary injunction, preventing further sale or publication of the book and a TV documentary Mr Amaral has made about the case.

Mr Amaral appealed that ruling, but today at Lisbon's main civil court Judge Maria Gabriela Cunha Rodrigues rejected his appeal and allowed the injunction to remain in place. There will be a full trial at a later date to decide whether the ban should be made permanent.

Kate and Gerry McCann welcomed today's ruling, saying that they were "very pleased and relieved".

They added: "By upholding the injunction against Goncalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

"The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm. It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads."

Mr Amaral was the first head of the police investigation when Madeleine disappeared, shortly before her fourth birthday. But he was removed from the investigation a few months later, after giving his views in an off-the-record briefing to a journalist.

The former policeman's lawyers claim that the material in his book was contained in the official police files, much of which was made public when the case was shelved in August 2008. Mr Amaral has vowed to take his case all the way to the European Court of Human Rights if necessary.

The McCanns are seeking more than £1m in compensation from Mr Amaral in a separate defamation claim. They have said that Mr Amaral's allegations had brought them "indescribable devastation", compounding the "immense pain and anxiety" that they had endured since Madeleine's disappearance.

Today's statement on behalf of the couple added: "It is still incumbent upon the British and Portuguese authorities to ensure that every credible lead has been investigated and that a meaningful search for our innocent and vulnerable little girl is properly carried out.

"We must and will keep looking for Madeleine and those responsible for her abduction."

----------------------------

Transcript

By Nigel Moore

Clarence Mitchell: Well, Kate and Gerry are very pleased and relieved that the judge has done absolutely the right thing, errr... in their view, by agreeing to their demand for the injunction to stay in place against Mr Amaral's so-called work. Errr... It was causing serious ongoing disruption and damage to the search for their daughter, because people - if they believed what he'd written - would think that she was dead and wouldn't even bother to look for her or pursue any information if they came across it. That is absolutely wrong. There is no evidence at all to suggest that she's been harmed, let alone killed, and every reason for the search to continue. And that's what Kate and Gerry now want; the focus to come back onto the search for their daughter.

C4 News: I mean, don't the public have the right to make their own mind up on that? If what he says about them is... is completely untrue, and that's obviously proven, shouldn't he be allowed to say it and the public make up their own mind?

CM: But under the laws of defamation, as a journalist you will well know, that if you allege somebody is, in effect, responsible for the death of their child and had... in effect, has covered it up, that is prima facie defamatory of your good name. And therefore they not only... but they... they not only had to take action on that basis but more importantly - than their own reputation, or the damage that was doing to their wider family - they felt it was important to stop people believing this because it would mean that the search for Madeleine was hindered. So this was a clear-cut case of defamation, regardless of the rights and wrongs. Yes, you have the freedom of speech to say what you want, within the rule of law.

C4N: Obviously this isnt the end, unfortunately, for... for Kate and Gerry McCann on this issue. The detective in question... the former detective in question says he's going to take this to the European Court of Human Rights.

CM: That absolutely is his right and he's perfectly entitled to do... do that and if that legal process starts in due course, well then we... that will be dealt with at that time. Errm... But for now Kate and Gerry feel that... that the strength of their case is strong. Errr... They felt that this was an absolute injustice being committed against them, and indirectly against Madeleine herself. And as a result they are very pleased and, as I say, relieved that the judge has agreed with them and has, errr... errr... made it clear that this injunction has to stay in place and that Mr. Amaral does not benefit from his, errr... this... this work.

C4N: Returning to the... the search for Madeleine. I mean, with this... bearing this ruling in mind, does this make the search for Madeleine easier?

CM: Well, hopefully it will do. Yes, hopefully people will see this and see that this particular attack on them, errm... has... has been ended and as a result they need to focus on the key message, if you like, that we want to get across today and that is that the judge has effectively agreed that this... this is... it should all be about Madeleine from now on. What came out during this case, were... were... there were two broad areas: One, there is no evidence at all to suggest she has been harmed and two, no police force anywhere is actively looking for her; shockingly, even when presented with new information and leads, as the Portuguese have been. Those were dismissed as... as not relevant to the investigation. Well, our... the private investigators would like to look at much of that information to establish if... if indeed there may be any relevance in there. The search for Madeleine will not stop. Kate and Gerry will not give up until they know what's happened to their daughter. And at the moment it remains a complete mystery and they are conducting as best an investigation as they can on their own limited resources at present. It's incumbent upon both the British and Portuguese Police now to mount as effective and credible an investigation as they can and if that involves some sort of independent review of the existing evidence and potential leads then so be it. But the search for Madeleine needs to be the focus from now on; not noises off stage from the likes of Mr Amaral.

C4N: It's been a long time now since Madeleine disappeared. Kate and Gerry....

CM: It's been nearly three years.

C4N: ...still feel hopeful that she can be found?

CM: Kate and Gerry have always drawn strength from the fact that there is no evidence to suggest she has been harmed in any way whatsoever. Yes, of course, nearly three years on its appalling that they're still having to hope. They would have wanted her home the very first day. But in the absence of that evidence, to... to tell us, any of us, what has happened to her, they will continue to believe, as best they can, that there is hope. And every time they even... even if they begin to doubt that... every time something like Jaycee Lee Dugard happens in California, in America, where someone is... is discovered; in her case, eighteen years after she went missing and was long presumed dead. It can happen. Its rare. Kate and Gerry will keep going on that basis.

C4N: I mean, with rulings like today do you think Kate and Gerry are swaying public opinion in their favour?

CM: Well, that's a matter for the public, isn't it, really? I mean, Kate and Gerry will keep going. They didn't start this legal action, they don't want to appear to be litigious for the sake of it - they're not. They didn't write this book, they didn't write this DVD. Mr Amaral did, and what he said in it was fundamentally wrong and damaging to the search, and that's why they took the action. Yes, they hope that people, fair minded people, will see this and see the agony that's been heaped upon their shoulders, on top of the loss of Madeleine, and will hopefully be with them in the search for Madeleine from now on.

C4N: I mean, we... we've learned that Robert Murat is... has a legal complaint against one of the friends of Kate and Gerry over things she said about his alleged involvement in Madeleine's disappearance. Presumably, if he gets a similar sort of ruling that Kate and Gerry got today, they'd support... ?

CM: I'm not going to comment in any detail on what Mr. Murat or his legal representatives are doing, suffice to say that Jane Tanner never directly named Mr. Murat as the man that she saw, and you can go back to the Portuguese police files that were released in 2008 to see that for yourself. She never actually named Mr. Murat as the prime suspect.

C4N: Okay, errm... I mean, last question... I think, errr... a lot of people would say that quite a lot of money has been made from Madeleine's disappearance from various court cases. How much has been made and... and is this being used in legal proceedings like the one we've seen in Portugal?

CM: The, errr... fund is there to assist Kate and Gerry in whatever way necessary. There are a number of other backers as well outside the fund who also assist at times. Errm... The bulk... in fact all of the public money that came in in the early stages was all spent entirely properly on the search for Madeleine, on the investigative costs and everything else around that. Errr... Most of the monies that are still in the fund now are actually there from either the settlements against the Express Group newspapers and other media outlets that have also defamed them and so that is money that was, if you like, brought in through court action; not the public. And, on top of that, the most recent monies that have come in have been through supporters kindly donating at a fund-raising event and again they would be more than happy, as supporters, to see the money spent in any way that assists Kate and Gerry and the wider family and their investigators in the search for Madeleine.

C4N: Last question, in fact... Obviously, the... the ruling today upheld a temporary injunction on the book that's been written and the DVD as well. What steps or how far away are the McCanns from getting a permanent injunction?

CM: That's a matter for the lawyers in Portugal. They'll assess the... the verdict. They'll be examining it in detail to see exactly what the judge has said today. Errr... And they no doubt will, errm... move to... towards that goal at some stage in the future. I don't know the exact timetable but clearly there's not much point in going for a temporary injunction if it doesn't become permanent, errr... and that will happen. But I am quite sure that any appeal by Mr Amaral's side will possibly delay that. But that, as I say, is purely a matter for the lawyers to decide in due course.

C4N: Thank you.

'Maddie's dead' book stays banned, 18 February 2010
'Maddie's dead' book stays banned The Sun

'Disgrace' ... Goncalo Amaral

By ANTONELLA LAZZERI
Published: Today


KATE and Gerry McCann were 'totally delighted' today after former Portuguese police boss Goncalo Amaral failed in his bid to get a ban on his book about Maddie lifted.

Amaral had claimed in the book — The Truth of the Lie — that Maddie was dead and her parents had faked her abduction.

Kate and Gerry, from Rothley, Leicestershire, branded Amaral a 'disgrace' after hearing that the ban had been upheld.

In a statement they said: "The motives of those who have tried to convince the world that Madeleine is dead, and who've disgracefully and falsely tried to implicate us in her disappearance, need to be seriously questioned."

They will now press ahead with a £1million libel case against Amaral which is due to be heard at the end of the year.

Kate and Gerry, both 41, won a ban on Amaral's book last September claiming it libelled them and was harming the hunt for their daughter.

Amaral, 54, applied for the ban to be lifted but today Judge Maria Rodrigues threw out his submissions that he had a right to publish his book under Portuguese freedom of speech laws.

The McCanns were said to be "hugely relieved and totally delighted" by the ruling at Lisbon's Palace of Justice.

They had attended three previous court hearings of the case but were not in the capital for the ruling.

Their spokesman Clarence Mitchell said: "They are very pleased, totally delighted and hugely relieved.

"The Judge has done the right thing by keeping the ban in place. She has recognised that this injustice by Amaral is utterly wrong and must stop.

"The judgement also recognises that what he has done is harming the search for Madeleine."

A furious Amaral, who was sacked from the Maddie inquiry after five months, stormed from the court building with a face like thunder.

He refused to comment but his lawyer later said his client would be appealing the decision.

Kate and Gerry had had to endure hearing harrowing evidence during previous sessions of the court case.

They listened as former police colleagues of Amaral claimed that Maddie had died on the night she disappeared on May 3 2007 from a holiday apartment in Praia da Luz, Portugal, shortly before her fourth birthday.

They also had accusations that they disposed of her body hurled at them and claims that they were "lying" about her abduction.

Amaral was the police boss first drafted in to head the hunt for Maddie.

As it later transpired in his book, which he wrote in July 2008 after retiring from the police force, he began to suspect Kate and Gerry of lying about Maddie's disappearance within hours of her going missing.

As the inquiry continued instead of concentrating police efforts on finding Maddie, he appeared to have focused instead on proving the McCanns' guilt.

Amaral claims in the book that Maddie died as a result of an accident in the apartment, that her parents hid her body then pretended she had been snatched from her bed.

In court he claimed the allegations were based on official police files and called a string of former colleagues to back up his claims.

They supported his story, saying they too suspected the McCanns — pointing out that two sniffer dogs brought in by British police found the 'smell of death' in the holiday flat.

But the McCanns' lawyer Isabel Duarte claimed there was no evidence the McCanns were involved in Maddie's disappearance.

She also accused Portuguese police of failing to follow up many new leads and sightings of Maddie because they believed she was dead.

Amaral is believed to have made hundreds of thousands of pounds from the book and also from a DVD documentary based on it.

Seized

The DVD has also been banned under the court order. Since September's ban Amaral has had all his assets seized by the Portuguese courts.

The McCanns' statement told of their "relief" that the ban had stayed in place.

The couple, both doctors, said: "We are very pleased and relieved with the judge's decision in Lisbon.

"By upholding the injunction against Goncalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

"We are grateful to the judge for accepting that this injustice must not continue. The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm."

Talking about the evidence in the case the couple added: "It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads."

They went on: "As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and always will be, to find Madeleine through our own best investigative efforts.

"It is still incumbent upon the British and Portuguese authorities to ensure that every credible lead has been investigated and that a meaningful search for our innocent and vulnerable little girl is properly carried out."

Kate and Gerry ended their statement by calling on people to keep looking for their daughter saying: "We must and will keep looking for Madeleine and those responsible for her abduction.

"We implore the public, especially the Portuguese people, to help us look for Madeleine, to remain vigilant and to give us any information that could help us find our daughter."

There will be a full trial at a later date on whether the injunction banning the book should be made permanent, said Ms Duarte.

The McCanns are seeking 1.2million euros (£1.08million) in compensation for defamation in separate civil proceedings against Amaral in Portugal.

Speaking later an angry Amaral, who wears a diamond stud earring, said he would appeal the decision saying it violated his freedom of speech rights.

He also accused the McCanns of 'persecuting' him and his family.

He said: "It was an unbalanced decision and I will appeal.

"What is at stake is freedom of speech."

Ms Duarte welcomed the verdict. She said: "This decision will protect clients because they have suffered a living hell with this book and all these lies."

Truth and fiction, 18 February 2010
Truth and fiction Yorkshire Post

Last Updated: 18 February 2010 9:39 PM

Gerry and Kate McCann have suffered enough from the disappearance of their daughter, Madeleine, without the former Portuguese detective Goncalo Amaral adding to the pain.

The man who led the initial investigation in May 2007 tried to publish an absurd book, Maddie: The Truth of the Lie, containing offensive claims that the child died in her family's holiday flat and that her parents faked her abduction. Having been heavily criticised for the quality of his inquiry, it would have been appalling if Mr Amaral was subsequently able to profit from his bizarre interpretation of events.

The law on freedom of speech was not designed for books like this, especially when publication could harm the hunt for Madeleine, whose family retain hope she will be found, however slim the chances may appear. Mr Amaral has vowed to fight all the way to the European Court of Human Rights but even this much-mocked chamber will surely dismiss his suit.

The McCanns turned their private sorrow into a public drama in an attempt to uncover clues to Madeleine's abduction. That has not, as yet, been successful, but that is not an excuse for propagating insulting myths about them.

Kate and Gerry McCann win injunction case, 19 February 2010
Kate and Gerry McCann win injunction case Algarve Resident

Kate and Gerry McCanns' lawyer Isabel Duarte - a smile that says it all. Photos: CHRIS GRAEME

Special Report by CHRIS GRAEME at the Lisbon Civil Court
Updated: 19-Feb-2010 [Updated 25-Feb-2010 with pictures]


The final decision to uphold an injunction to prohibit the publication of a book claiming that Kate and Gerry McCann tried to cover up the tragic death of their daughter Madeleine in an Algarve holiday apartment in May 2007 was made by a Lisbon Court today (Thursday, February 18).

The session, held behind closed doors in the morning, lasted little more than half-an-hour, yet the smiling face of the McCanns' lawyer on emerging from the closed session said it all.

Isabel Duarte, whose normally ice-blue eyes and stern expression before the world's media have been a hallmark throughout this injunction case, lit up with smiles as she silently hugged supporters, friends and colleagues outside the Legal Secretary's Office of the 7th Chamber of Lisbon's Civil Court.

"The judge's decision upholds absolutely the first decision (i.e. the first court injunction). The book and the video can neither be reproduced nor sold, neither can Gonçalo Amaral, TVi, Valentim de Carvalho Films or publishers Guerra e Paz reproduce or give interviews or statements about the thesis defended in the book," said Isabel Duarte outside the court house.

"The book will remain retained (in storage) and the prohibition to divulge Gonçalo Amaral's thesis is still in place. They cannot give interviews or publish books that promote the thesis," she stressed.

Gonçalo Amaral said this was a bad day for freedom of expression in Portugal

Gonçalo Amaral said this was a bad day for freedom of expression in Portugal.

"Today, the decision was upheld because the book was deemed to have violated the rights of Madeleine and the children, and the good name of the McCanns. It's a decision that was very extensive but we have not been able to read all of the documentation yet and we are still very much dealing with last minute events," she said.

Isabel Duarte confirmed that although the ban was "total", it was not a "definitive decision" although it was "a very extensive one".

"This is only a confirmation of the first decision. The definitive decision will only be made in a main legal (defamation) action that is still (lodged) in the court."

The lawyer also added that the judge had made no significant changes to the first ruling but had made some fine tuning adjustments in the Portuguese legal wording to the initial decision to prohibit publication or dissemination of Gonçalo Amaral's thesis.

"I would like to say that this decision is one that protects all Portuguese citizens because the decision says that you cannot harm in this way the reputation and good name of a citizen that is not convicted in court. This is a decision that is a victory for every one involved," adding that the case was initiated "without any other intention than to help the continued search for Kate and Gerry’s daughter". But "in truth, this decision states to all of us that a person's rights cannot be violated and injured in the way that they were because of this book and video film".

Kate McCann immediately sent a text message to Isabel Duarte, which the Algarve Resident read and which opened with the words "you are amazing".

"I sent a text message straight away to my clients saying that 'we had won'," the lawyer said.

"My client (Kate McCann) sent me a message which states: 'Dear Isabel, You are Amazing! Thank you so much! Pass my thanks on to Jorge and Ricardo (the legal assistants). Hopefully this will be the start of good things for Madeleine. We are so pleased. Thank you. Big Hug. Kate.'"

The couple were also said to be "pleased and relieved" at the decision to uphold the ban and in a statement issued immediately after the ruling, Kate and Gerry McCann said: "By upholding the injunction against Gonçalo Amaral's book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

"We are grateful to the judge for accepting that this injustice must not continue. The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm.

"It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads. As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and will always be, to find Madeleine through our own best investigative efforts."

With regards to reopening the police investigation into Madeleine's disappearance from the Ocean View holiday apartments in Praia da Luz on the night of May, 3, 2007, the lawyer said: "We have, since last week, been selecting documents that we brought with us from Portimão, because there are documents which are of no interest at all and others that are.

"We will sift through the documents, select them and meet with my colleagues in the United Kingdom, probably in the coming week," she added, calling the decision a "just one" because "my clients don't know where Madeleine is" and "every day there are blogs and articles stating that my clients are liars and that they were involved in some way."

Gonçalo Amaral called the decision a "disappointing one" but said that it was just a "setback" and not the end of the story. Stating that he would now appeal against the decision in the courts, he said that it was a bad day for "freedom of expression in Portugal", which was "rather disturbing, very serious and worrying".

"This decision calls into questions and limits my freedom of expression, and my legal team will examine the arguments and we will move forward with an appeal," he said.

Gonçalo Amaral Interview in Fafe, 24 February 2010
Gonçalo Amaral Interview in Fafe Correio TV

At the time of the presentation of his new book "The English Gag" at Fafe's Library, 24 February 2010

24 February 2010
Thanks to
Joana Morais for transcript/translation

Reporter:
Sir, you have been out from the PJ almost for two years now; after a very complicated process, and from where many answers are still missing to which you have tried to answer in the book that was censored. This 'English gag', is it not, somehow, a gag to the freedom of speech in Portugal?

Gonçalo Amaral: There is no doubt about that, actually it was on that notion that the book was written. It was in terms of defence, and of denouncing this limitation of the freedom of expression of a citizen, my case, and as well the right of the reader, of the Portuguese citizen, of any person in this country in formulating opinions, their own opinion in face of what they read. Therefore, it is not allowed... It is forbidden, it is limiting the freedom of the Portuguese people, of the people who are interested in reading the book 'Maddie, The Truth of the Lie', and of them being able to formulate their opinion. Which is the right of freedom to opinion, which in this country seems - seems, no - is in fact, being temporarily limited, as established by the injunction, and could be so from here now into the future.

Reporter: At this moment where freedom of expression and the lack of it is being so much discussed, where political pressures are being discussed as a daily basis; in the moment where we can recall the historical relation between Portugal and England, our eternal ally, was there really so much weight applied by England in this process, capable of gagging the Portuguese politicians to the point of forcing a PJ Inspector to withdraw himself from the Judiciary Police, to the point of forcing into silence the whole process?

Gonçalo Amaral: I have no doubts regarding that; in reality, the facts speak for themselves. A public servant, like me, a coordinator of the Judiciary Police, it is something that some politicians are able to discard, to avoid a diplomatic drama, a diplomatic incident, and everything was done surrounding that. Like now, there is a direct attack to the Judiciary Police, again, on this process, an attack targeting a Judiciary Police employee, and the Judiciary Police does not do anything in his defence nor does the Justice Ministry. I did not say that there [on the book presentation] but I'll say it here, it is shameful. How is it possible to leave those who work for the public interest, those who work for the discovery of the truth and for the making of Justice, abandoned to these attacks?

Reporter: I know that you are under secrecy of justice, but for you the truth...

Gonçalo Amaral: Not of secrecy of justice, I am a target of a temporary injunction, which limits my freedom of expression.

Reporter: ...But for you the truth is revealed and transcribed in that book, that today cannot be sold?

Gonçalo Amaral: I can't answer to that question, because I am a target of an injunction which forbids me to speak about... to give you an answer. It's under the scope of the injunction.

Reporter: How is it, looking at the situation that happened and for the eventual future situations that might be somewhat similar, how do you see the role of Portugal in this affair, that is, do we get fragilized, do we become dependent of foreign opinions, of foreign police opinions which may place in question an institution like the Judiciary Police, which is seen with the utmost seriousness?

Gonçalo Amaral: The Judiciary Police continues to be seen with seriousness, the opinions, or the forces contrary to the discovery of the material truth had in this case, and will have in others, or maybe they already had in other cases, a strong influence when placing in question the Justice system itself. What is happening is a result of the frailties, as a friend of mine said, an appeal court judge, it is the frailty inherent to democracy. It is that that is in question; we don't live alone, the country is not isolated, it is in the European Union, it has its allies and its international agreements, and its international diplomacy and something has being left behind, which in this case was Justice.

Reporter: Do you feel discarded?

Gonçalo Amaral: Discarded, no. It was my choice to leave the Judiciary Police in order to regain the plenitude of my freedom of expression, something which is now again placed in question. It was my choice, my decision, and I'm certain that if I had stayed in the PJ I would have ascended to superior positions, other than being a mere coordinator of sections... Allow me to remember here at this moment a colleague, who has passed away last night, Dr. Guilhermino da Encarnação, a person that climbed the Judiciary Police hierarchy by his own merit, and with those two cases, the so-called Joana Case and the Maddie Case. Who, at that time, saw a disease appear, a disease that lead to his death, after all of this time. He was an exceptional man, a person with whom I had the honour, the pleasure and the privilege to work with, with whom I have learned immensely, and that with these cases saw his health disappear. It is sad; people sometimes are not discarded but often are... There are things that happen to one's health which are unstoppable.

Reporter: A last question, in the said book of which you are forbidden to speak about, which was censored, your convictions are obvious, are evident, are clear. If you had remained in the case, if you hadn't been removed from it, and after retiring from the PJ; if you had stayed would you have felt comfortable to arrive at something which you had already the absolute certainty of being like that, knowing that from the other side there were so many doubts being placed? [the question is difficult to translate since the reporter is clearly trying to pose a question using subterfuges because of the injunction]

Gonçalo Amaral: Look, in an investigation... I cannot speak about the case, I'm forbidden. A criminal investigation has a beginning, a middle and an end. That book, and that I can tell you, was the narrative of the 6 months of the criminal investigation, when I was coordinating it. What could have happened since then, we don't know. I left the investigation, the investigation continued, remained open for more six months and its result was a premature archival. If the investigation had continued, and there are many diligences to be made, hundreds to be carried out - the process was not concluded with all the diligences - it could have even happened that which was said at a medium term, at that time, would not be established or it could have been confirmed. Therefore a criminal investigation always has to reach its end, so no ambiguities remain, speculations don't thrive like it is happening at this moment, and also in order to not give material to certain conspiracy theories to flourish. I believe that that is the biggest problem of the investigations that do not reach an ending.
Gonçalo Amaral: Responds to complaint, 17 March 2010
Gonçalo Amaral: Responds to complaint Correio da Manhã

Gonçalo Amaral

17 March 2010 - 00h38

The former coordinator of the PJ Gonçalo Amaral is today questioned in the Directory of Faro, a disciplinary action for breach of judicial secrecy. The complaint, in January, was from the McCanns.

With thanks to Nigel at McCann Files

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