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Appeals Court Lifts Ban On Amaral's Book*

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Lisbon Appeals Court overturns the ban on Gonçalo Amaral's Book

Lisbon Appeals Court Decision on the McCann Couple, 14 October 2010
Lisbon Appeals Court Decision on the McCann Couple Joana Morais blogspot

Lisbon Appeals Court Decision

24.10.2010
With thanks to Astro for translation

This is the English translation of the full text of the Appellate Court decision that recently overturned the ban on Dr. Gonçalo Amaral's book, "Maddie - A Verdade da Mentira", which has been commonly known to English-speaking people as "Maddie - The Truth of The Lie".

The translation is ours, and you will understand that it is still a work in progress, although the relevant part, that is to say the decision itself and the reasoning that supports said decision, are now complete. This text will be updated and concluded as soon as possible. Thank you for your understanding.

The ruling is divided into three parts, with several sub-contents:

I. Report; it contains a summary of the court case so far, with the previous ruling, and the citation of the contents of each defendant's appeal.

II. Legal basis and Reasons; a presentation of proved facts, a brief explanation and comment concerning the purpose and enforcement of injunctions in general, and in this case in particular, followed by the arguments and the reasoning that lead the judges to the final decision.

III. Decision; the Appellate Court Judge's decision.

Thank you for your support; special thanks go out to Caroline and Pia, Ines and others who have/are reviewed/ing the text.

astro

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

Unspecified Injunction
Process number 6000/09.8TVLSB-A.L 1

Lisbon Appellate Court Decision
Appeal Review

I – Report

At the judicial circuit of Lisbon

Kate Marie Healey McCann,
Gerald Patrick McCann,
Madeleine Beth McCann,
Sean Michael McCann and
Amelie Eve McCann

Have filed an unspecified injunction against:

Gonçalo de Sousa Amaral,
Guerra e Paz, Editores, SA
VC – Valentim de Carvalho – Filmes, Audiovisuais, SA and
TVI – Televisão Independente, SA

Alleging that the first two applicants are the Mother and Father of the other applicants, who are all underage, being that it is commonly known that little Madeleine disappeared on the 3rd of May, 2007, and her disappearance prompted an extensive police investigation.

The defendant, Gonçalo Amaral, was one of the Judiciary Police (PJ) investigators that was involved in the investigation and later on wrote a book that is titled "Maddie The Truth of the Lie", in which he defends, inter alia that there is a serious possibility that little Maddie accidentally died in the apartment where she was staying and that her parents did, in some manner, undertake the concealment of her cadaver.

They conclude by requesting:

1. The prohibition of sale and the order to collect, for destruction, all the books and videos that are still left at points of sale or other deposits or warehouses;

2. The prohibition to perform any new editions of the book or the video, or of any other books and / or videos that defend the same already criticised thesis, and that are destined to be sold or made public by any other means, in Portugal;

3. The prohibition to cede the editorial or author rights of the contents of the book or the video, or of any other books and videos about the same theme, for publication anywhere in the world;

4. The prohibition to expressly cite, analyse or comment, verbally or in writing, any parts of the book or the video that defend the thesis of death of the third Applicant or of the concealment of her body, by the first two Applicants;

5. The prohibition to reproduce any comment, opinion or interview in which that thesis is defended or can be inferred;

6. The prohibition to publish statements, photographs, or any other documentation that is allegedly connected to said book and video or said thesis.

The petition was fully refused as it was understood that the perils of damage had already been consummated.

In an appeal, that decision was revoked by a decision of this Appeals Court, and the production of evidence was demanded.

After evidence was produced before the lower court, a new sentence was issued, which sustained the injunction and decided as follows:

a) The prohibition for the defendants to sell the books and videos that were still available at points of sale or at other deposits or warehouses and the obligation for the defendants to collect them and to deliver them to the depositary that is nominated below;

b) The prohibition for the defendants to perform any new editions of the book or the video, or of any other books and/or videos that defend the same thesis, and that are destined to be sold or made public by any other means in Portugal;

c) The prohibition for the Defendants to cede the editorial or authorial rights over the contents of the book or the video, or of any other books and videos about the same theme, for publication anywhere in the world;

d) The prohibition for the Defendants to expressly cite, analyse or comment, verbally or in writing, any parts of the book or the video that defend the thesis of death of the third Applicant or of the concealment of her body, by the first two Applicants;

e) The prohibition for the Defendants to reproduce any comment, opinion or interview in which that thesis is defended or can be inferred;

f) The prohibition for the Defendants to publish statements, photographs, or any other documentation that is allegedly connected to said book and video or said thesis.

Furthermore, the Court condemns each one of the Defendant firms to pay a compulsory pecuniary sanction of 1000 Euros for each day that they do not obey the prohibitions or the order to apprehend the books and the videos.

After having been notified of that decision, appeals were filed by:

Gonçalo de Sousa Amaral,

Guerra e Paz, Editores, SA

VC – Valentim de Carvalho – Filmes, Audiovisuais, SA and

TVI – Televisão Independente, SA

All of them based on the right of freedom of expression of thought that is constitutionally consecrated and furthermore the fact that the statements and facts that were published in the book are the mere reproduction of solid data that is part of the investigation that was started at due time, and that said statements and facts are even part of the investigation's archiving dispatch that was signed by a Prosecutor of the Republic.

A new sentence was issued, which basically upheld the sentence that had been issued before and that granted the request.

Against that sentence, appeals were filed by the four opponents.

[a summary of the arguments that were presented by the four opponents to follow]

II – Legal basis and Reasons

The following facts were proved:

From the [injunction] request

1- On the 24th of July, 2008, the first Defendant published in Portugal, under edition of the second Defendant, the book that he is the author of, "Maddie The Truth of the Lie".

2 - In that book, the first Defendant defends the thesis that:
  • 1) The child Madeleine McCann died in the Ocean Club Apartment, in Vila da Luz, on the evening of the 3rd of May, 2007;
  • 2) The simulation of an abduction took place;
  • 3) Kate Healy and Gerald McCann are suspected of involvement in the concealment of their daughter's cadaver,
  • 4) The death may have been the outcome of a tragic accident;
  • 5) There are indications of neglect regarding the guardianship and security of the children.
3 - The aforementioned book attained 4 editions until the end of July, 2008, 9 editions until the end of August, 2008, and 12 editions until the end of September, 2008.

4 - Each edition was comprised of approximately 10.000 copies.

5 -The book is presently sold out at practically all points of sale.

6 - When the book was published, the first Defendant gave interviews to all the media that requested him to do so, namely RTP, and in those interviews he defended the thesis that he presents in the book.

7 - The first Defendant also gave, among others, an interview to "Correio da Manhã" newspaper, which was published in their edition of the 24th of July, 2008, where he defended the thesis that he presents in the book.

8 - At the beginning of the month of May, 2009, the same book was published in France, now under the title "Maddie, L’Enquête interdite: Les revelations du commissaire portugais chargé de l’enquête".

9 - The first Defendant gave countless interviews to several media in France, including the one that was published by newspaper "Le Parisien" and its corresponding website.

10 - In those interviews, the first Defendant once more mentioned the thesis that he presents in the book.

11 - The book's French edition was and is systematically and profusely published on the internet, at least at:

[a list of websites follows]

12 - Between the date when the Portuguese edition was published, on 24.07.2008, and the date of the book's French edition, in May 2009, the fourth Defendant broadcast a television programme which was produced by the third Defendant, that reserved to itself the ownership of the corresponding rights.

13 - The first emission of that television programme took place on the 13th of April, 2009.

14 - The second emission of that television contents took place on the 12th of May, 2009.

15 - That programme was broadcast in Portugal at least on those two occasions.

16 - The same programme/video is intrinsically based upon the contents of the book "Maddie The Truth of the Lie".

17
- In the video in question, the First Defendant once again sustains his theory that the Third Applicant is no longer alive, that her death occurred within the Ocean Club apartment and that her parents, the First Applicants, concealed the cadaver of their daughter.

18 - At least two million two hundred people viewed the first screening of this programme.

19 - At the end of April 2009, the DVD corresponding to this programme began to be commercialised, with the title and subtitle of "Maddie – The Truth of the Lie – A Powerful Documentary based on the best seller The Truth of the Lie" by Gonçalo Amaral.

20 - 75.000 copies of this DVD have already been distributed for sale.

21 - The DVD is published, at least, on the web site of the Third Defendant.

22 - The first Applicants are married to each other and are the parents of the third, fourth and fifth Applicants.

23 - During the Criminal Investigation in which the first Applicants were constituted arguidos, the archiving dispatch was issued, referring to them on pages 145-173, dated 21st July 2010.

24 - Madeleine Beth McCann has been missing since the of 3rd May, 2007.

25 - Curricular articles were divulged on the Internet relating to the First Defendant, that spoke of him as a correct, structured, sociably adept man, namely to perform political roles.

26 - The first Defendant is a person much mentioned in the press.

27 - The curricular information previously referred to (point 25) reveals a man who studied engineering, graduated in legal and criminal sciences and who was an officer/inspector of the PJ for 27 years.

28 - The first Defendant knows the significance and scope of an archiving dispatch in a criminal case.

29 - The first Defendant knows who holds power over an investigation, who can open or re-open it and under which circumstances.

30 - The first Defendant knows what defamation and slander mean.

31 - The first Defendant knows what it means not to be at the service of a criminal investigation.

32 - The first Defendant has professional experience and is an adult.

33 - With the divulgation of his theory about the events of 03-05-2007 in Praia da Luz, the first Defendant, with the help of the three other Defendants, saw himself being promoted and earned money.

34 - The first Defendant had pretensions to intervene in local political life.

35  - The Defendants aim to divulge the book and DVD around the world, gaining financially, commercially and socially, which deepens the suffering of the first two Applicants and makes the searches for the third Applicant difficult.

From the oppositions

1 - The Defendant was the Coordinating Inspector of the "Maddie Case" Investigations from the 3rd of May, acting in this quality, within the scope of Inquiry Nº 201/07.0GALGS of the Lagos Public Ministry Services, until the date when he was withdrawn from the case, on the 2nd of October, 2007.

2 - He retired from service on the 1st of July, 2008.

3 - On the date that he was withdrawn from the case, it was of the Defendant's knowledge that some of the investigators had formulated the opinion that Madeleine McCann had died in the apartment, that a simulation of abduction occurred and that her parents were suspected of concealing a cadaver.

4 - The investigation activities that the first Defendant reports in the book and in the documentary are contained in the investigation process.

5 - The investigation process was made available in electronic format, namely to the national and international media, who proceeded to divulge it, thereby enabling knowledge, comments and public and universal discussion of it.

6 - Any person can have access to these facts and to the documents of the investigation process in which they were verified, on the internet, only a "click" away.

7 - The witness friends of the first Applicants did not make themselves available to appear in Portugal for a diligence of reconstruction of facts, as was determined by the dispatch from the Prosecutor’s Office, on pages 4636 to 4638 of Volume XII of the Investigation.

8 - Under the terms of the editorial contract, relating to the book "Maddie – The Truth of the Lie", signed with the first Defendant, the author's rights of ownership were temporarily ceded to the second Defendant, only with regards to the editing of the book.

9 - The book was published, through other editors, in some countries (apart from France) as pointed out under item 8 of the provisional injunction, as follows:

In Spain, in September 2008, with the title "Maddie – La Verdad de la Mentira", with eventual commercialisation in Castilian language into Latin American countries.

In Denmark, in November 2008, with the title "Maddie – Sandheden on Lognem", with eventual commercialisation in other Nordic countries.

In Italy, in December 2008, with the title "Maddie – La Verità della Menzogna", with commercialisation in the Italian language throughout the world.

In Holland, in April 2009, with the title "Maddie – De Waarheide Achter de Leugen", with commercialisation in the Dutch language throughout the world.

In Germany, in June 2009, with the title "Maddie – Die Wahrheit tiber die Luge", with commercialisation in Austria and Switzerland.

10 - There is an English version circulating on the internet, on the web site www.gerrymccansblogs.co.uk/PJ/ TRANSLATIONS.htm, where a Portuguese version can also be found.

11 – On their web site (www.etc), the first Applicants cite the theory of the first Defendant.

12 - Newspaper "Correio da Manha", in its edition of 3rd October 2007, published a supplement with the title "Maddie, The Diary of a Mystery".

13 - By means of the Fund that was created by the first Applicants, diligences that are considered to be opportune are being made in order to obtain leads about what happened to and to discover the whereabouts of the third Applicant.

14
- During the first trimester of 2008, "VC Filmes" learned that the first Defendant was writing a book, the publication of which would take place during the first semester of that same year, with an objective and factual description and the revelation of elements, at the time un-published, of the investigation into the disappearance of Madeleine McCann which he had led.

15 - "VC Filmes" expressed their interest to the first Defendant for an audiovisual adaptation (documentary and fiction) of said book.

16 - And with him [Dr. Amaral], an agreement was made for ceding the exclusive rights in their [VC Filmes'] favour for the adaptation of a book into a documentary or fiction that could have the format of a book for cinema or a telefilm for television and which should be explored on all platforms and on all kinds of media.

17 - The author of the book agreed to participate as narrator of the documentary.

18 - And he ceded to "VC Filmes" all the ownership of author's rights and connected rights that belonged to him as author and narrator, namely for effects of the exploration by "VC Filmes" of the documentary by all methods and by all means.

19 - "VC Filmes" ceded to the fourth Defendant the rights of television broadcast or transmission in Portugal of the audio visual documentary entitled "Maddie – The Truth of the Lie", produced by them.

20 - And, as happens with all other cinematographic and audio visual works produced by "VC Filmes", the latter ceded to its distributor "Valentim de Carvalho Multimédia, S.A.", namely the rights of edition and distribution of the documentary for publication in video format, thereby making themselves their representative as regards the exploration or commercialisation of the rights of television broadcast or transmission of this documentary in foreign countries.

21 - "Valentim de Carvalho Multimédia" in representation of "VC Filmes", ceded the rights of television broadcast or transmission of the same documentary to television stations in Spain, Andorra, France, (Flemish) Belgium, Denmark and Poland, on dates previous to the notification to "VC Filmes" of the decision presented in this injunction.

22 – Until that same date, the documentary in question was reproduced only once in order to be edited, published and sold in Portugal, in video format, in this case a DVD.

23 - Neither "Valentim de Carvalho Multimédia" nor "VC Filmes" had ceded any rights of edition or author's rights concerning the content of the same documentary (or the video that reproduces it) for publication in any other part of the world.

24 - The reproduction and editing were authorised by "Valentim de Carvalho Multimédia" to the company "Presslivre, Imprensa Livre, S.A.", owner of the newspaper "Correio da Manhã" by means of a contract established between both parties, under which terms, the DVDs, their covers and packaging would be produced on account, by order and under the responsibility of "Presslivre", to be distributed and commercialised jointly with the newspaper "Correo da Manhã".

25 - And the entire process of registration and classification of the video edition (DVD) of the documentary at IGAC would be, as it was, developed by "Valentim de Carvalho Multimédia", the costs of which process would be covered by "Presslivre", as indeed was done.

26 - 75,000 DVD units were produced for said edition.

27 - The respective distribution for sale took place together with a distribution for sale of the edition of the newspaper "Correio da Manhã" on the 24th of April, 2009.

28 - Only a small number of the DVDs distributed was effectively sold, 63,369 units having been returned to "Presslivre".

29 - The investigation files were made available in electronic format, namely to the national and foreign press, which disseminated it, enabling it to become known and to be publicly and universally commented upon and discussed.

30 - Anyone has access to those facts and to the documents from the investigation process in which they were verified, on the internet, at the distance of a "click".

31 - The documentary was published and sub-titled in English, by third parties who published it on the internet, without the knowledge and against the will of "VC Filmes".

32 - The first two Applicants, in collaboration with British television station "Channel 4" also produced a documentary about the disappearance of the third Applicant in Praia da Luz in May 2007, which expressed their version of the events.

33 - This audio visual piece, titled "Still Missing Madeleine" and which corresponds to a documentary, with a duration of 60 minutes, was subject to a preliminary licensing agreement by "Mentorn International" to "TVI", for the Portuguese territory, with an exclusivity duration for the period between 7th May 2009 and 6th May 2010.

34 - This agreement even began to be negotiated before the first screening by the Defendant [TVI] of the documentary based upon the book of the first Defendant, and was duly reduced to a written text, in the form of a "Deal Memo" (business deal), which was signed by both parties on 15th April 2009.

35 - "TVI" programmed the screening of this documentary with the version of the Applicants, in such a manner as to complement the showing of the documentary based upon the book by the first Defendant, seeking by acting in this way, to clarify the public in an unbiased way, showing various versions and possible explanations for the same facts.

36  - On 23rd April 2009, "TVI" was informed by telephone that "Mentorn" was not going to comply with the preliminary licensing agreement in question, which was confirmed in writing, on 5th May 2009.

37 - The reason why "Mentorn" was not going to comply with the agreement in question was that the McCann family had given instructions that they did not want the programme to be licensed to "TVI".

38 - The documentary that reports the version of facts defended by the Applicants was screened on 12th May 2009 by "SIC" channel, with the title "Maddie – two years of anguish", having been previously been broadcast in the UK.

39 - In that documentary, an explanation is given, with the help of private detectives, of the version of facts defended by the Applicants and a re-construction of the night of the disappearance of Madeleine McCann is made.

40 - The first Applicants have easy access to national and international press, having given an interview to the American television programme "Oprah", presented by the well known Oprah Winfrey and which had already been shown in Portugal, also by SIC, on 4th May 2009 and again on 12th May.

41 - That programme was transmitted throughout the entire world by means of available satellite signals and cable networks.

42 - In this interview the first Applicants once again explained their theory about the fateful events of the night of 3rd May 2007 and once again launched an appeal for her search, revealing new facts about the private investigations that they hired.

43  - In the documentary presented by "SIC", the first Applicants revealed the existence of at least one more witness statement, re-constructions and photo fits that reinforce the abduction theory.

After reading the proved facts, we do now have to put them into juridical context.

Concerning the suitability or unsuitability of the appeals, it is considered that the matter is solved in the dispatch that was written at the lower court, on pages 1.359/1.367, and the appeals are all suitable.

As was written, and well, in the decision that is under analysis, the injunction is a legal instrument that is destined to effectively protect subjective rights or other jurisdictionally relevant interests.

Its practical importance does not result from the capacity to solve conflicts of interest in an autonomous and definitive way, but rather from its usefulness in the anticipation of certain effects of judicial decisions, in the prevention of serious or hardly repairable violation of rights, in the prevention of financial damages or in the preservation of status quo, until the final decision on the case is issued.

It represents an anticipation or a guarantee for efficacy concerning the outcome of the main case and it is based on a summary analysis (summaria cognitio) of the factual situation that allows to state the right as being likely (fumus boni juris) and the justified fear that said right may be seriously damaged or rendered useless, if a certain injunction is not decreed (periculum in mora).

It is, after all, an antechamber of the main process, and it allows for an interim or provisory decision to be issued, with the purpose of diminishing the erosive effects that derive from the delay in a definitive solution, or to render fruitful the decision that may be favourable to the Applicant.

Article number 381, number 1 of the Civil Process Code stipulates that whenever someone shows a well-based fear that someone else may cause a serious and hardly repairable damage to his or her right, that person may request the conservatory or anticipatory injunction that is specifically adequate to ensure the effectiveness of the right that is under threat.

On the other hand, article 387, number 1 of the same diploma establishes that the injunction is decreed whenever there is a serious possibility of the existence of the right, and the fear of its lesion is sufficiently well-based.

Therefore, the injunction is a means, and not an end. It does not seek to directly and immediately carry out the substantial right, but rather to take measures that ensure the efficacy of a subsequent providence, which is actually destined to act on the material right.

Therefore, the injunction is of a provisory nature and always depends on a cause (preliminarily or incidentally) – article 383, number 1 of the Civil Process Code.

Thus the success of the injunction depends on two requisites:

a) the verification of the appearance of a right;

b) the demonstration of the danger of said apparent right not being satisfied.

Concerning the first requisite, the court is asked to appreciate or to judge on a mere possibility or verisimilitude (bonus fumus iuris). As far as the second requisite is concerned, a judgment of stronger and more convincing probability is at stake.

The fear of serious and hardly repairable damage that is mentioned in article 387, number I of the Civil Process Code means "present and founded fear".

The fear is founded when it is of such nature that it justifies the requested injunction; and it only justifies it when circumstances present themselves in a way that convinces that damage to said right is imminent.

In the a quo Court's decision the dangers of lesion to the applicants' physical integrity or their treatment in a degrading, cruel or inhumane manner are promptly set aside.

The dangers of lesion to the applicants' reservation of private and family life subsist, as well as the lesion to their right to image and a good name and the right to usufruct from the penal process' guarantees, namely the right to a fair investigation and the right to freedom and to safety.

In an opposite position are the rights of the defendants – the right to freedom of expression of thought and the freedom of press.

Honour, the right to a good name are personality rights that are densely defended and protected by several legislative orders:

Right away, by the constitutional order (confront article 26 of the Portuguese Republic's Constitution), and also in the international order.

Ordinary law also protects the same rights, as can be understood by reading articles 70, 72 and 484 of the Civil Code.

As it has to be, jurisprudence strongly reflects that general tutelage and the defence of citizens' good name and image.

By all, one should read the very recent Ruling from the Supreme Court of Justice dated 20.01.2010 (Presiding Judge: Fonseca Ramos), that can be reached on the internet, on the Court’s database that is lodged under the address www.dgsi.pt/:

I) - One of the limits to the freedom of information, which is therefore not an absolute right, is the safeguard of the right to a good name. Journalists, [and] the media, are bound to ethical, deontological duties of rigour and objectivity.

II) – The media have the right, the social duty, to disseminate news and to emit critical or non-critical opinions, and it is important that they do so while respecting the truth and the intangible rights of others, like personality rights.

III) – The right to honour in a wider sense, and the right to freedom of press and of opinion are traditional areas of conflict.

IV) …

V) – Criticism is limited by the targeted person(s)' right, but it does not lose legitimacy if it is slashing, sharp, as long as not insulting, because ever so often that is the writer's style.

VI) … VII) … VIII) …

IX) – To criticise implies to censor, censorship that takes place in the media only stops being legitimate as a manifestation of individual freedom when it expresses objective antijuricity, violating rights that are extremely personal and which affect, in a more or less lasting way according to men's memory, goods that have to be preserved like the ones that are at stake here, to a good name and to social prestige.

The right to inform is nowadays unanimously accepted as a fundamental demand of democratic societies of pluralist expression, it is consecrated by Article 37º of the Portuguese Republic's Constitution.

The rights of citizenship, which are the basis of social life, constitute the core of the very personality (physical and moral) of the human being; thus the right to life, to physical and moral integrity, to a good name, to image, to freedom, to the protection of intimacy are consecrated constitutionally (articles 24º, 25º, 26º) and in civil law (articles 70º and 484º of the Civil Code).

Due to the fact that all of these rights are constitutionally protected, in principle none of them raises above the others, and – in its practical exercise – each one of them should cede as strictly necessary and in a proportional way, in order to accommodate the adequate practice of the rest of them.

Necessity, proportionality and adequacy are the fundamental principles for the practical conjugation of the concrete exercise of said rights; therefore, the rules that are to be respected must be set case by case, thus allowing to decide which conflicting rights must be compressed, what limits have to be observed and what dominant rights must be protected.

And it is through a cautious pondering of the rights at hand that we will be able to extract some conclusions concerning this specific case.

The book that was written by the first defendant, Dr. Gonçalo Amaral, presents a thesis that was at one time defended by several participants in the police investigation: that little Madeleine died accidentally and that her parents, here the first applicants, were suspected of concealing the cadaver.

This defendant was the Coordinating Inspector of the investigation into the case of the disappearance, thus being the most qualified police officer who intervened in the investigation until the time when, through a decision from the Judiciary Police’s (PJ) directory, he was removed from that function.

In that role, the defendant was deeply involved in the entire investigation and had the opportunity to formulate all of the possible conclusions about the case, while it was under investigation.

Approximately 5 months later, Dr. Gonçalo Amaral was removed from the investigation through a decision of the PJ's directory.

As he clarifies several times throughout the book, the author felt the need to write it right away in order to, as he says, "recover my good name, which was publicly dragged through the mud while the institution that I served for 26 years, the Portuguese Judiciary Police, did not allow me to defend myself, nor defended me institutionally. I asked for permission to speak out in that sense, a request that remains unanswered to this day. I fully respected the PJ's rules, and remained in silence. Nevertheless, said silence was tearing my dignity apart.

Later on, I was removed from the investigation. I then decided that it was time for me to defend myself in a public way. Therefore, I immediately requested my retirement, so I could regain the plenitude of my freedom of expression."

This is a first point – and one that is not small – that should be registered: the author feels he is the victim of injustice and wants to re-establish the truth, at least his truth or his vision of truth, even more so as he felt that his honour was being diminished and the police force that he owed obedience to did not allow him to reply, as a police officer, to those attacks against his professional pride and his honour as a qualified criminal investigation police officer.

In the book that is at stake here – "Maddie – the Truth of the Lie" – the author presents a vast multiplicity of facts and then offers his interpretation of said facts.

Those facts are all part of the investigation and are exhaustively considered and weighed in the archiving dispatch of the process that is on the DVD which has been appended to this court case (page 441).

In that description, there are main facts and others that are secondary, but which the author attributes value to, based on his experience as a police investigator, an activity that he has performed for 26 years.

The author describes, in detail, several facts and circumstances that were not coherent in between each other, from the outset of the investigation, thus prompting contradictory conclusions.

In the archiving dispatch that is signed by two Public Ministry Magistrates, it is written that "From the analysis of the set of depositions that were made it became evident that important details existed which were not fully understood and integrated, which needed to be tested and verified on the location of events itself, thus rendering it possible to establish the apparent failures to meet and the lack of synchronisation, even divergences, in a diligence that is suited for that effect, which was the reconstitution, which was not possible to perform, despite the commitment that was displayed by the Public Ministry and by the PJ, to attain that purpose…"

In that very same dispatch, the result of the tests that were performed by the sniffer dogs "Eddie" (a dog that was specially trained to signal cadaver odour) and "Keela" (specially trained to detect the presence of human blood) are mentioned.

"Eddie" marked (signalled) cadaver odour:

• in the McCann couple's bedroom in apartment 5-A (from where little Madeleine disappeared) in the area next to the wardrobe;

• in an area next to the living room window that has direct access to the street, behind a sofa;

• and in an area of the same apartment's garden.

The dog "Eddie" again marked the signal of cadaver:

• at the "Vista do Mar" villa, which was rented by the McCann couple after Madeleine’s disappearance, in the area of a wardrobe that contained a soft toy that had belonged to the little girl;

• on clothing that belonged to the applicant Kate Healy, Madeleine's mother;

• on the outside of the Renault Scenic vehicle with the license plate number 59-DA-27, that was rented by the McCann couple after the disappearance, next to the driver’s door;

• and on that vehicle's key/card.

The dog "Keela" detected residues of human blood:

• in the same living room of apartment 5-A, which had already been signalled by "Eddie";

• after the floor tiles that had been signalled during the first inspection had been removed, she again signalled the spot where the floor tiles had been;

• on the lower part of the window curtain that had already been signalled by "Eddie" before;

• on the inside of the boot of the Renault Scenic vehicle that had already been signalled by "Eddie";

• and in the door storage compartment on the vehicle's driver's side, which contained the car key/card;

The dogs' indications cannot be used as evidence in court, but in multiple cases they provided precious help in terms of collection of evidence for the Scotland Yard and the FBI, with positive results.

These indications were later not corroborated by the British forensics lab that was chosen by the investigation, but they were enough to constitute the applicants, Madeleine’s parents, as arguidos in the criminal investigation that was performed over her disappearance.

In possession of that new data, and crossing it with the data that had been collected before, the Portuguese authorities - the Public Ministry and the Judiciary Police - tried to perform a reconstitution of the facts, they did and tried everything, but due to the lack of availability of the McCann couple and their friends, who did not show up, said diligence could not be performed and those facts still remain to be clarified.

Concerning that matter, it is written in the final dispatch that "(…) despite the fact that the national authorities took all measures to render their travelling to Portugal possible, due to motives that are unknown, after the many doubts that they raised concerning the need and the opportunity of their travelling were clarified several times, they chose not to show up, which rendered the diligence impossible to perform.

We believe that the main damaged party were the McCann arguidos, who missed the possibility to prove what they have protested since they were made arguidos: their innocence towards the fateful event; the investigation was also hindered, because said facts remain unclear (…)".

In any case, the fact is that the indications that were mentioned above were sufficient to make the McCann couple arguidos.

The subsequent collection and production of evidence, namely the forensics evidence that was collected and treated in laboratory, weakened that conviction and thus the couple stopped being arguidos.

What is certain is that since the start of the investigation there were incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs.

All of this is reported in detailed manner in the book that is at stake here, reproducing the contents of some of the case files, which also had an effect on the above mentioned final dispatch that was signed by two Public Ministry Magistrates.

In the book, we do not verify any reference to any facts that are not in that dispatch.

Where the author differs from the Prosecutors who have written the dispatch, is in the logical, police-work-related and investigative interpretation that he does of those facts.

In that aspect, we stand before the exercise of freedom of opinion, which is a domain in which the author is an expert, as he was a criminal investigator for 26 years.

Let us now analyse the juridical focus of the rights that were invoked by the applicants:

As mentioned above, the Court's decision a quo immediately put aside the dangers of damage to the applicants' physical integrity or their treatment in a degrading, cruel or inhumane way.

The following dangers subsist:

1. damage to the reservation of the applicants' private and family life;

2. damage to their right to image and a good name;

3. damage to their right to the guarantees of the penal process, namely the right to a fair investigation and the right to freedom and safety.

Concerning the applicants' reservation of private life, we verify that they themselves have given numerous interviews and intervened in the media, thus giving them [the media] information that would hardly be publicised by any other means: this includes the documentary that was produced by the British TV station "Channel 4", which had the applicants’ cooperation and was widely broadcast in the United Kingdom and later on in Portugal (ref. Nos. 32 to 35 of the aforementioned proven facts); one should pay attention to the fact that the applicants have easy access to the national and international media, having given an interview to North American television talk show "Oprah" hosted by the well-known Oprah Winfrey, which was already broadcast in Portugal, also by SIC, on the 4th of May, 2009, and again on the 12th of May (ref. No. 40 of the same facts).

Concerning this matter, the Civil Code establishes as follows:

Article 80º
(Right to reservation over the intimacy of private life)
1. Everyone must maintain the reservation over someone else's intimacy of private life.
2. The extent of reservation is defined according to the nature of the case and the persons' condition.

Article 81º
(Voluntary limitation of personality rights)
1. All voluntary limitation of the exercise of personality rights is null if it is contrary to the principles of public order.
2. The voluntary limitation, whenever legal, is always revocable, although with the obligation to indemnify any damages that were caused to legitimate expectations of the other party.

We conclude that the applicants voluntarily decided to limit their right to the intimacy of private life, certainly envisaging higher values like the discovery of their daughter Madeleine's whereabouts, but upon voluntarily limiting that right, they opened the doors for other people to give their opinion about the case, in synchrony with what they were saying, but also possibly in contradiction with their directions, yet always within the bounds of a legitimate and constitutionally consecrated right to opinion and freedom of expression of thought.

We do not see that the right of the book's author, the defendant, can be limited by a right to the reservation of intimacy that suffered voluntary limitations by their holders, the applicants.

In the same way, concerning the applicants' right to image and a good name: upon placing the case in the public square and giving it worldwide notoriety, the applicants opened all doors to all opinions, even those that are adversarial to them.

In any case, we understand that the allegation of facts that are profusely contained in the judicial inquiry and that were even published through an initiative of the Republic's Attorney General’s Office, can in no way be seen as an offence against the right to image and a good name of the subjects in the process.

Finally, concerning the damage to the right to usufruct ['Usufruct' is the legal right to use and derive profit or benefit from property that belongs to another person] from the penal process' guarantees, namely the right to a fair investigation and the right to freedom and safety, we still cannot understand how it is possible for said rights to be offended by the contents of a book that describes facts from the investigation, although it parts from the interpretation that the Public Ministry's Magistrates made of those facts, yet offering based, solidly built and logical interpretations.

We thus reach a point where it seems to be important to stress the following: the indicative facts that led to the applicants' constitution as arguidos within the inquiry were later on not valued by the Public Ministry's Magistrates in order to lead to a criminal accusation, but those very same facts, seen through another prism and with another base, may lead to a different conclusion from that which was attained by those same Magistrates – those are indications that were deemed to be insufficient in terms of evidence in a criminal investigation, but they can be appreciated in a different way, in an interpretation that is legitimate to be published as a literary work, as long as said interpretation does not offend any fundamental rights of anyone involved – and we have written above already why we understand that said interpretation does not offend the applicants' rights.

In a concise manner:

The book at stake in this process – "Maddie – the Truth of the Lie" – which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour, as the author points out right away in the preface and throughout his text.

The contents of the book does not offend any of the applicants' fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic’s Constitution, namely in its articles 37º and 38º.

As we arrive at this point, we conclude that the decision that was made by the Court a quo must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.

The appeal by defendant Dr. Gonçalo Amaral is sustained.

The other appeals are not taken into consideration, as it is understood that their appreciation is prejudiced – article 660º, no 2, of the Civil Process Code.

III – Decision

In harmony with what is written above, under the terms of the cited dispositions, the Judges at this Appeals Court declare the validity of the appeal filed by defendant Dr. Gonçalo Amaral, and the sentence of the Court a quo is revoked, its disposition replaced by the following:

The injunction is deemed not valid because it was not proved.

Furthermore we deliberate that we do not acknowledge the rest of the appeals.

Costs to be paid by the appellants*.

Lisbon and Appeals Court, 14.10.2010

The Appellate Court Judges,

Francisco Bruto da Costa
Catarina Arelo Manso
António Valente

*On an appeal, the party who must respond to an appeal by the losing party is called 'appellant' in the appeals court.

The Appeals Court cancels the ban on sales of Gonçalo Amaral's book on the Maddie Case, 19 October 2010
The Appeals Court cancels the ban on sales of Gonçalo Amaral's book on the Maddie Case Público

By Lusa
19.10.2010 - 12:39
With thanks to Joana Morais for translation

The Appeals Court overturned the ban on the sale of Gonçalo Amaral's book "Maddie - The Truth of the Lie", a decision taken by the Civil Court of Lisbon following an injunction filed by Madeleine McCann parents.

A judicial source said today that the appeal made by the former Judiciary Police Coordinator Gonçalo Amaral "has been upheld" consequently both the book and the video [DVD] sharing the same title [they have different titles], based on a documentary which was broadcast by TVI [the DVD and the televised documentary are the same], can be re-marketed again.

Gonçalo Amaral, who defends in the book the thesis of Kate and Gerry McCann's involvement in their daughter’s disappearance back in May 2007 from an apartment, at tourist resort in the Algarve, can also give interviews, both in Portugal and abroad.

The same source unequivocally informed the appeal by former PJ inspector, filed by his lawyer Antonio Cabrita, was the "only one" that was analysed by the Court of Appeals of Lisbon, who decided not to heed the appeals made by Guerra & Paz the book publishers, TVI and Valentim de Carvalho, who marketed the video.

The trial [hearing] of the injunction, ordered as an interim measure on September 9, 2009, was held in four sessions in mid-January [and was granted].

In the main action, the McCann family claimed the protection of their rights, freedoms and guarantees. Kate and Gerry McCann brought against Gonçalo Amaral a defamation action in which they claim for 1.2 million for damages, and another claim for breach of secrecy.

Madeleine McCann disappeared on May 3, 2007, from an apartment in a resort in Praia da Luz, Lagos, while she was on holidays with her parents and twin brother and sister.

As the coordinator of the Criminal Investigation Department of the PJ in Portimão, Gonçalo Amaral joined the team of investigators who tried to find out what happened to the English girl.

Kate and Gerry McCann, who always maintained the position that Madeleine was abducted, were constituted as official suspects [arguidos] in September 2007 but were eventually acquitted [they were not acquitted, they ceased to have the arguido status – only a court ruling can acquit or decide the culpability] in July 2008 for lack of evidence to support the hypothesis advanced by the investigation of accidental death of the girl.

The Attorney general [Public Ministry] archived the case, which can be reopened if new credible evidence surfaces regarding the disappearance of the child.

Gonçalo Amaral's book on Maddie can return to bookshops, 19 October 2010
Gonçalo Amaral's book on Maddie can return to bookshops Jornal de Noticias

verdadementira1.jpg

MARISA RODRIGUES
19 October 2010, 13h06m
With thanks to Astro for translation

Gonçalo Amaral's book about the Madeleine McCann case can return to bookshops. The Appeals Court of Lisbon has just agreed with the former Polícia Judiciária coordinator, who has always defended the thesis of the little English girl's death.

"The contents of the book does not offend any of the fundamental rights of the applicants [the McCann couple and their three children]" and "the exercise of its writing and publication is included in the constitutional rights that are assured to everyone by the European Convention for Human Rights and by the Portuguese Republic's Constitution", reads the decision, to which JN [Jornal de Notícias] had access.

In September 2009, after an injunction that was filed by the McCann couple, the Civil Court of Lisbon forbade the sale of the book "The Truth of the Lie" and also the reproduction of a documentary that is based upon the book and was broadcast by TVI.

A decision that earns harsh criticism from the Appeals Court judges. To forbid the former PJ coordinator "of expressing his opinion, by any means (in writing, interview, analysis, commentary), about what he wrote in that book, cuts off one of his rights that is constitutional and universal: that of opinion and of freedom of expression", the decision mentions.

The three Appeals Court judges that sign the decision furthermore consider that the sentence from the Civil Court of Lisbon violated the Portuguese Republic's Constitution and the European Convention for Human Rights.

Apart from watching "The Truth of the Lie" returning to bookshops, Gonçalo Amaral sees his right to freedom of expression returned to himself.

Gonçalo Amaral's book can return to bookshops, 19 October 2010
Gonçalo Amaral's book can return to bookshops Sol

Gonçalo Amaral

By Ana Paula Azevedo
19 October 2010
With thanks to Astro for translation

The Lisbon Appeals Court has given the former Polícia Judiciaria inspector, Gonçalo Amaral, reason concerning the injunction that had been filed against him by Madeleine McCann's parents.

In a decision that is dated Thursday last week, the Appeals Court judges have overturned the prohibition that had been decreed by the Lisbon Civil Courts, which forbade the distribution and sales of the book Maddie – The Truth of the Lie, as well as interviews and television reports about said book, both in Portugal and abroad.

The McCann couple alleges that Gonçalo Amaral's book, as well as the interviews that he gave about it, prompt "a serious and hardly reparable damage" to their family, especially to the twins, Sean and Amelie. They invoked damages to the protection of their private and family life and damages to their good name and their image rights.

Yet, to the Appeals Court of Lisbon, "the contents of the book does not offend any of the applicants' fundamental rights. The exercise of its writing and publication is included in the constitutional rights that are ensured to everyone by the European Convention of Human Rights and by the Portuguese Republic's Constitution" (concerning freedom of expression and information and freedom of press and the media).

We recall that the investigation into Maddie's disappearance was coordinated by Gonçalo Amaral and ended up being archived, without any certainties concerning what happened to the three-year-old child. In the book Maddie – The Truth of the Lie, the former inspector sustains that Maddie died in the apartment where her parents were spending their holidays, in Praia da Luz, probably due to a domestic accident, on the 3rd of May, 2007 – and then the McCann couple, assisted by their friends who where on holidays with them, concealed the cadaver.

And he alleges that he was forced to write the book in order to defend his reputation and to restore his professional honour, given the fact that at a certain point in time, he was removed from the investigation before its conclusion, through a decision from the Judiciária's national directory.

The judges at the Appeals Court in Lisbon compared the book with the archiving dispatch from the investigation into Maddie's disappearance: "We do not find any mention to any facts in the book that are not also in that dispatch. Where the author (Gonçalo Amaral) differs from the Prosecutors that wrote the dispatch is in the logical, police-work-oriented and investigative interpretation of said facts. In that sense, we stand before the exercise of the right of opinion, namely in a domain in which the author is an expert, as he worked as a criminal investigator for 26 years".

"Concerning the applicants' (the McCann couple's) protection of private life, it is themselves who give multiple interviews and intervene in the media, offering them [the media] information that would otherwise hardly be published" and that "they voluntarily decided to limit their right to the intimacy of private life, in order to pursue higher values like the discovery of their daughter’s whereabouts".

Nonetheless, in doing so, "they opened the doors for others to give their opinion about the matter, in accordance to what they were saying, but eventually also in contradiction with their directions, yet always within a legitimate and constitutionally consecrated right of opinion and freedom of expression of thought".

The decision was issued by the Appeals judges Francisco Bruto da Costa, Catarina Arelo Mando and António Valente.

Maddie: Gonçalo Amaral considers the "strengthening of democracy", 19 October 2010
Maddie: Gonçalo Amaral considers the "strengthening of democracy" Correio da Manhã

"The book is an exercise of Citizenship and of Freedom of Expression," states Gonçalo Amaral

19 October 2010
With thanks to Joana Morais for translation

The former Judiciary Police Inspector Gonçalo Amaral considered this Tuesday the Court of Appeal decision in overturning the ban, which forbade the sale of the book 'Maddie - The Truth of the Lie', to be "strengthening for the Portuguese democracy".

"The book is an exercise of Citizenship and of Freedom of Expression. With this decision made by the Appeals Court, it was the Portuguese democracy who has won, since the ban on the sale of the book was unconstitutional," said Gonçalo Amaral to the news agency Lusa, adding that he looks forward for the Court of Appeal Judges to annul the decision made by the Civil Court of Lisbon, after the injunction [against the book] was filed by Madeleine McCann parents.

The former PJ inspector still ranked as "very important" the Court of Appeal decision for the two pending legal actions brought by the parents of the English missing girl in 2007, in the Algarve, although no date has yet been set for the trial.

In the civil action, Kate and Gerry McCann claim for 1.2 million euros for defamation, while in the other action Gonçalo Amaral is accused of breach of secrecy.

*from here on is pure copy/paste of the Lusa article also published by Público

The decision to annul the prohibition of the book 'Maddie - The Truth of the Lie' and the video with the same title [the documentary title is 'Maddie: What Lies Beneath the Truth'], based on a documentary aired on TVI [it's the same doc], was reported this Tuesday to Lusa news agency by a judicial source.

With the decision to cancel the prohibition of sale of the book 'Maddie - The Truth of the Lie' and the video with the same title [not the same title], both can be re-marketed and Gonçalo Amaral who defends in the book the thesis of Kate and Gerry McCann involvement in their daughter's disappearance - in May 2007, from an apartment located at a tourist resort in the Algarve - can now speak publicly on the case.

The ban was provisionally decreed on September 9, 2009; and in the main action, the McCann family claimed the protection of their rights, freedoms and guarantees.

Madeleine McCann disappeared on May 3, 2007, in an apartment in a resort of Praia da Luz, where she was on vacation with her parents and her siblings.

Madeleine McCann book ban overturned by Portuguese court, 19 October 2010
Madeleine McCann book ban overturned by Portuguese court Guardian

Appeal court lifts block on sales of book by former detective alleging Madeleine is dead and abduction story was fabricated

Giles Tremlett
Tuesday 19 October 2010 20.13 BST


Kate and Gerry McCann, the parents of missing Madeleine, suffered a setback today in their legal battle with a Portuguese police officer when a Lisbon appeal court overturned a ban on his book about the case.

The book by former police detective Gonçalo Amaral, who led the Madeleine investigation in the first five months after the three-year-old's disappearance, can now go back on sale.

In September last year the McCanns obtained the ban on Amaral's book Maddie – The Truth about the Lie, in which he claims they were involved in the toddler's disappearance.

Amaral claims Madeleine died accidentally in the Algarve holiday apartment at Praia da Luz, where she was first reported missing in October 2007, and that her parents fabricated the abduction story. The McCanns, who have never ceased in their search for the missing girl, are suing him for defamation.

Portugal's attorney general, having reviewed the investigation, has ruled there is no evidence to suggest that the McCanns are anything other than entirely innocent.

The court said the decision to block sales of the book had broken "a constitutional and universal right: that of opinion and freedom of expression."

"The contents of the book do not breach the basic rights of the plaintiffs," the court said, according to the Jornal de Noticías newspaper's website.

"The book is an exercise in freedom of speech," Amaral told Portugal's Lusa news agency. "Portuguese democracy has won, as banning the book was unconstitutional."

A spokesman for the McCann family said the decision did not stop the defamation case. "The defamation action against Mr Amaral is very much continuing," he said. "Kate and Gerry's lawyers are now examining the detail of this latest ruling and are considering an appeal."

After Amaral lost an earlier appeal, the McCanns claimed his book had caused "significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family ... there is no evidence that Madeleine has come to any harm."

They added: "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."

Madeleine Death Book Ban Is Quashed, 19 October 2010
Madeleine Death Book Ban Is Quashed Sky News

Alex Watts, Sky News Online
11:45pm UK, Tuesday October 19, 2010


Kate and Gerry McCann have suffered a legal blow after a Portuguese court overturned a ban on a book about their daughter Madeleine's disappearance.

Madeleine McCann

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

Mr and Mrs McCann strongly deny the claims, and are pursuing a defamation case against the former detective, who led the initial investigation into the Madeleine case.

In February, a Portuguese judge upheld an injunction banning any further sale or publication of his book and DVD documentary.

But now a Portuguese court has overturned the ruling, saying the ban had broken "a constitutional and universal right: that of opinion and freedom of expression."

"The contents of the book do not breach the basic rights of the plaintiffs," the court said, according to the Jornal de Noticías newspaper.

Mr Amaral was delighted by the decision, telling Portugal's Lusa news agency: "The book is an exercise in freedom of speech.

"Portuguese democracy has won, as banning the book was unconstitutional."

A spokesman for the McCanns was unavailable for comment.

Their lawyer Isabel Duarte said: "We must return about 8,000 copies of the books to the editor, which will probably go on sale."

When the initial injunction was upheld, the McCanns vowed to continue looking for their daughter and appealed once again for help from the public.

They said Mr Amaral's "painful and personally damaging" allegations had caused "significant, ongoing damage" to the hunt for Madeleine.

Mr and Mrs McCann believe their daughter, who was three when she vanished in Praia da Luz on May 3 2007, was snatched and is still alive.

She disappeared while the couple dined with friends at a tapas bar some 90 yards from the apartment.

Gonçalo Amaral wants to sue the parents of Maddie, 20 October 2010
Gonçalo Amaral wants to sue the parents of Maddie Diário de Notícias

Gonçalo Amaral

20.102010
With thanks to Joana Morais for translation

"We are going to court to file a claim for damages against the McCanns, of that there are no doubts whatsoever," stated yesterday to DN the former Judiciary Police Inspector Gonçalo Amaral after the Lisbon Court of Appeals ruling annulled the prohibition to market the book 'Maddie, The Truth of The Lie'.

"We haven't yet determined the losses," added Gonçalo Amaral.

"The book is an exercise of Citizenship and of Freedom of Expression. With this decision made by the Appeals Court, it was the Portuguese democracy who has won, since the ban on the sale of the book was unconstitutional," said Gonçalo Amaral.

In the ruling, the Judges upheld that the former inspector was right. "In that which the author differs from the prosecutors who have written the dispatch, is in the criminal logic and investigatory interpretation of those facts. In this case we are in the presence of the exercise of the right to freedom of opinion, which in fact is an area of expertise of the author, since he was a criminal investigative inspector for 26 years," affirmed the Judges.

In addition to advancing with the court proceedings, Gonçalo Amaral wishes to make a reprint of his book. "It will contain new facts accurately substantiated."

Direct Speech: A short interview with Gonçalo Amaral, 20 October 2010
Direct Speech: A short interview with Gonçalo Amaral Correio da Manhã

Gonçalo Amaral, the former Judiciary Police Coordinator on the overturn of the ban on his book 'Maddie - A Verdade da Mentira'.

Gonçalo Amaral

By Paulo Marcelino
20.102010
With thanks to Joana Morais for translation

Correio da Manhã - What did you feel upon learning about the decision taken by the Lisbon Appeals Court, which invalidated the interim injunction brought by the McCann couple against the book?

Gonçalo Amaral -
I had a sensation of freedom and the certainty that democracy had been strengthened.

What impact did it have on you following the decision made at the first instance court, one year ago, that banned the sale of your book and forbade you from speaking publicly about the case?

It was very heavy for me and for my family. It had nefarious consequences and damages are still being assessed. It was extremely violent.

Will you speak about the case again?

I am considering to exercise the right of freedom that was returned to me.

Will the book be again be put up for sale?

The publisher will immediately recover the confiscated books in order to place them at the bookshops. And we will take other initiatives into consideration, including the publication in England.

What is the direct consequence of this decision [book ban] in the claim for damages [filed by the McCanns]?

It has a very strong impact because the arguments used by the applicants for requesting the main action are the same. We strongly believe that we are going to win this battle between truth and falsehood.

Maddie cop's 'book of lies' back on sale, 20 October 2010
Maddie cop's 'book of lies' back on sale Daily Star (paper version)

McCann ban lifted

By Jerry Lawton
Wednesday 20 October 2010


A court has overturned a ban on a book by the detective who led the Madeleine McCann investigation.

The Truth Of The Lie by Goncalo Amaral will be allowed back on the shelves in Portugal following a ruling by Lisbon's Court of Appeal.

In the book, the former police chief claims Madeleine died in an accident and accuses her parents Gerry and Kate of faking her abduction. The couple, both doctors, insist she was snatched and still plan to sue Amaral.

In September last year the McCanns, from Rothley, Leics, won an injunction banning the book from being sold in Portugal.

They said that Amaral's claims meant people were no longer looking for their daughter. But yesterday the judge said the book did not breach the McCanns' rights to privacy because they had done TV interviews in a bid to find their daughter.

Now a 50-minute DVD documentary to accompany the book will also be allowed to be sold.

The McCanns' spokesman Clarence Mitchell said last night: "The legal action against Mr Amaral is very much continuing.

"Kate and Gerry's lawyers are examining this latest court action and are considering an appeal."

Kate pain on book, 20 October 2010
Kate pain on book The Sun (paper edition)

Wednesday 20 October 2010

THE parents of Maddie McCann were furious yesterday after a Portuguese judge overturned a ban on a book claiming their daughter is dead.

Kate and Gerry McCann last year blocked disgraced Maddie hunt cop Goncalo Amaral publishing The Truth of the Lie.

But a Lisbon appeal court ruled the book can now be sold in Portugal.

The McCanns' lawyer Isabel Duarte said Kate, 41, told her: "That's incredible. I can't believe it is possible."

Amaral claimed the couple, of Rothley, Leics, faked the abduction of Maddie, three, in 2007.

Gonçalo Amaral's book returns to bookstores, 20 October 2010
Gonçalo Amaral's book returns to bookstores Companhia das Manhãs

20/10/2010

Excerpt taken from 'Criminal Record - 'Kate McCann in Praia da Luz' : 'Companhia das Manhãs' [lit. trans. Morning Companionship] is a daily talk show presented by Rita Ferro Rodrigues and Francisco Menezes, broadcast by SIC Portuguese TV channel owned by Impresa. (...) The talk-show focal point is on human-interest stories such as family, life, education, etc, discussing topical issues that have made the news headlines; it also presents some entertaining moments as well as Hernâni Carvalho [who co-authored with Luís Maia, Maddie 129 in 2007] crime segment titled 'Registo Criminal' [lit. trans. Criminal Record].
--------------
Transcript/Translation

With thanks to Joana Morais for transcript/translation

Rita Ferro Rodrigues - RFR
Francisco Menezes - FM
Hernâni Carvalho - HC
Gonçalo Amaral - GA
Paulo Pereira Cristovão - PPC
Paulo Sargento - PS

RFR - Why did you want to be here, specifically, today?

HC - Because it's a shame to forbid a man of speaking about how he has worked. People may not like Inspector Gonçalo Amaral, people may not even like his work methodology, however what one cannot do is to forbid a man of speaking about his life. The Maddie case was coordinated by Inspector Gonçalo Amaral, therefore for him to give an account about that in a book was his right, to report what was in the process in the book was a second right - to forbid him and take the bread out of his mouth, in a so-called democratic country, is not normal. And I won't say anything further regarding that. I suggest you watch the reportage we have done.

GA - It's is a joyful day, a day that I see as important. (cut) We cannot defend a democratic system if we allow Freedom of Expression to be curtailed, as it was in my case. (cut) I know about my daughters' reaction, who have been through a lot; and when they learned about the decision - they were the first to know - they cried, they cried of happiness. (cut) For the past 13 months while I was obliged to be silent regarding this issue, while I was denigrated, while my whole family saw our assets being arrested, the intrusion of my and my family's private life, which has practically taken us close to poverty...(cut) Until that disappearance, until I left the police I was an active element in the Judiciary Police. (cut) Then my life changed radically, I went from a stable, comfortable situation to one far more precarious, jeopardizing even my family subsistence. (cut) I still hold the wish - and I have the certainty that the investigation will be reopened soon. (cut) Nowadays I have no doubts left, the archival for various reasons, was mainly due to political pressures made by the English - I have no doubts about that. (cut) The investigation will be concluded, it will be re-opened and it will be taken to an end; and justice will be made, that is all that we want. (cut) There are hundreds of indications, clues regarding a certain event; and it is that event that some people do not accept and want to conceal. (cut)

Reporter question [muffled by the wind on the micro/sea-gulls and sea waves in the background; sounds like] - How does one survive/recover from such a thing? [meaning all that he and his family endured for the last year]

GA - With lots of support, with lots of support from friends, of my family... [visibly emotional]... and with lots of tenderness and love within my family... It's not easy, I guarantee you that.. I don't wish anyone to go through what I, in particular my family have gone through. And I have many doubts that that couple is as Christian or as Catholic as they say they are... (cut)

RFR - Just a small foot note Hernâni. Independently of whatever our convictions may be regarding the Maddie case, here [pointing to the screen] this is a case of Freedom...

HC - It's much more than...

RFR - It's a case of Freedom of Expression, and one understands the emotion of Gonçalo Amaral with this decision.

FM - A man visibly downhearted...

RFR - Absolutely.

HC - I don't accept this situation; the state is responsible for this, the Portuguese state. This emotion carries, very likely, thirty years of an exemplar career. I do not have any knowledge of Inspector Gonçalo Amaral ever being punished on the service of the country, as some heralds of the nation say: "at the service of the motherland". This one? With all the flaws that you want him to have, but he was "at the service of the motherland", and various times in places where no one else wanted to be.

PS - Exactly.

HC - Therefore, even if one is not a close friend of Inspector Gonçalo Amaral it is a matter of Justice to be here and state, it is a matter of Justice to be here and to say that the Inspector Gonçalo Amaral, and in his case I would be, is waiting for an apology of any one [energúmeno - indivíduo desprezível, que não merece confiança; boçal, ignorante - impossible lit.translation] dimwit that has allowed for this to happen. Somewhere in the state...

PPC - There were many.

HC - ... there is a dimwit who has allowed this to happen, because he merely published a book about his job. And the book did not contain any secrets, it contained what is included in the process. If a process is archived then it's public. We're sorry [shortened version of an ironic catch-phrase often used by HC] but that is the truth.

FM - It is an exercise of freedom of expression.

HC - It is indifferent for me who is guilty here; I don't want to know about the Maddie case - that is not what we are talking about.

RFR - That is not what is at stake [crux, point, core] here.

HC - What we are talking about, is, that it was possible for someone, from outside of Portugal, to come in here and to "cook" whatever they felt like! And still add salt, pepper, garlics, coriander and whatever else...

PS - Exactly.

FM - And what does that seem to...

HC - This is what we are talking about! And now watch the rest, I have more to show you.

Reporter question How do you feel regarding these visits by the McCanns? [referring to the recent visit of Kate McCann to Praia da Luz]

GA - On the day that took place, when that 'lady' was in Praia da Luz (cut) On the second of October, just a few days ago... In that day it's my anniversary, and it was also the day when I was removed as head of the department [back in 2007] of Portimão where the investigation was taking place. (cut) I made a comment to my wife - "these people don't do anything without a reason, something is about to happen" (cut) I perceived the child's father as a man who is practical, as a man capable of making quick decisions, and I understood Mrs. Kate (cut) Possibly might have some kind of problem in admitting the truth, or acknowledging an event that has taken place. (cut) The fact that their daughter has disappeared, does not give them the right to destroy any other family. (cut) Stop the humbug... don't fabulate, don't pretend; stop invoking God's name to harm others, because God is above and knows what is happening. (cut) What I would say to them, honestly, if they truly wish to be so Christian, so Catholic, then they should really practice good. (cut) I would tell them that there are plenty more fish in the sea, [Port. pop. proverb "Há mais marés que marinheiros", lit. trans. There are more tides than sailors, meaning. there are more opportunities] as we say here, in Portugal. (cut)

HC - Paulo, good morning, what do you have to say about this?

PPC - Good morning, well I...

HC - You were a PJ inspector, you were his comrade, you know the paths he has travelled...

PPC - I would like to make a question, and this is something personal. I would like to ask those gentleman at the Judiciary Police disciplinary department who have condemned the coordinator Gonçalo Amaral, when he was already retired, for breach of the duty of confidentiality because he wrote this book. What do they have to say about this now? Particularly from the moment when an Appellate court, states, that Mr. Amaral has all the rights to publish that book. They could also have done it to me [ref. to Paulo Pereira Cristovão books "A Estrela de Joana" and "A Estrela de Madeleine" both published previously to Amaral's "Maddie, A Verdade da Mentira"] for some strange reason they didn't when I wrote my first book...

HC - He believes that the process, with new information that are bound to appear, might be re-opened, does that make sense?

PPC - It may eventually make sense if we have new elements, new evidence that somehow allow for that reopening, but above all - you've said it before and very well, how did we allow for people to came from abroad and do this "cooking" [pejorative analogy]? But there were also several people inside [in the country] who have contributed with the ingredients [seasoning] for said "cooking", because otherwise we would never allow for Gonçalo Amaral to be "roasted", excuse my expression, in "low fire" like he was, without being protected, rigorously, by anyone. Except for a few dozen people who know him personally and who have defended him publicly. But, yes, it is possible to reopen the process with new elements, however above all is, as Gonçalo said and well, his life first, of the Man Gonçalo Amaral, of Sofia [his wife], of the girls [their daughters]...

HC - All of their assets were arrested.

PPC - All of their assets were seized, we are talking about someone who has lost...

HC - Did you feel angered [indignant] during those times?

PPC - Very much, yes. And I was recently with him...

HC - Professor Paulo Sargento, something new is about to take place - Maya [a TV psychic, unrelated to the self alleged psychic lawyer from Madeira] has phoned telling me that something will happen. What I want to ask you is - to you who have followed this case with deep commitment [wholeheartedly] - how come no one has ever filled any complaint in England regarding this case?

PS - Well, that is an unusual phenomenon... The first thing that I would like to do is to send an embrace to Gonçalo Amaral, and to tell him that finally there is a first sign of a turn around [improvement] of this whole process. Because this acknowledgement by the Portuguese law regarding this process is like a big rubber eraser who is trying to expunge a huge blemish that has behind it a series of problems. Of which, the first one - and Paulo was just now speaking about the reopening of the case - is to understand of what exactly is the prosecutor of Évora waiting for, let's put in this way, to publish the new endeavours that were proposed, some of which were put forward because they were never fully carried out within the scope of the investigation. And there are at least two points, which under the criminal point of view, are absolutely relevant and need to be evaluated. Second issue, it is something that I would also like to understand and still in the framework of this specific process; three points, one of which is the Minister of Justice that has in his office four emails and a registered letter where it is asked, Mr. Justice Minister [facing the broadcast camera], where it is asked...

HC - Paulo Sargento, you're not going to speak badly of ministers in here, are you? [jokingly manner] Don't get me in to trouble, okay?

PS - No, no.

RFR - But do ask him directly, Dr. Paulo.

PS - I will, it is the same question I've sent to the Minister of Internal Affairs, who had the carefulness to reply, and pass it on to the Justice Minister. Why didn't he answered to this fundamental question - Why did the McCann couple entered two consecutive times, during this same process [the injunction that took place at Palácio de Justiça, Lisbon], by the Judges door [a door reserved to magistrates only]?

HC - Now there's a great question. And now I would suggest that we watch the inspector...

RFR - Yes, let's conclude the programme with the words of the inspector...

RFR/HC - [simultaneously] Gonçalo Amaral.

RFR - Exactly.

[follows a repetition of Inspector Gonçalo Amaral first segment, inclusively during the final rolling credits]

GA - It's is a joyful day, a day that I see as important. (cut) We cannot defend a democratic system if we allow Freedom of Expression to be curtailed, as it was in my case. (cut) I know about my daughters' reaction, who have been through a lot; and when they learned about the decision - they were the first to know - they cried, they cried of happiness. (cut) For the past 13 months while I was obliged to be silent regarding this issue, while I was denigrated, while my whole family saw our assets being arrested, the intrusion of my and my family's private life, which has practically taken us close to poverty...(cut) Until that disappearance, until I left the police I was an active element in the Judiciary Police. (cut) Then my life changed radically, I went from a stable, comfortable situation to one far more precarious, jeopardizing even my family subsistence. (cut) I still hold the wish - and I have the certainty that the investigation will be reopened soon. (cut) Nowadays I have no doubts left, the archival for various reasons, was mainly due to political pressures made by the English - I have no doubts about that. (cut) The investigation will be concluded, it will be re-opened and it will be taken to an end; and justice will be made, that is all that we want. (cut) There are hundreds of indications, clues regarding a certain event; and it is that event that some people do not accept and want to conceal. (cut)

Reporter question [muffled by the wind on the micro/sea-gulls and sea waves in the background; sounds like] - How does one survive/recover from such a thing?

GA - With lots of support, with lots of support from friends, of my family... [visibly emotional]... and with lots of tenderness and love within my family... It's not easy, I guarantee you that.. I don't wish anyone to go through what I, in particular my family have gone through. And I have many doubts that that couple is as Christian or as Catholic as they say they are... (cut)

Ends 11'31''

Appeal's court overrules ban on Madeleine book, 23 October 2010
Appeal's court overrules ban on Madeleine book The Portugal News

23/10/2010

Portugal's Appeals Court has quashed a ban issued by Lisbon's Civil Court in February this year to halt sales of the book 'Maddie – The Truth of the Lie', by ex-PJ Inspector Gonçalo Amaral; the former inspector considers the overturning to be a "reinforcement of Portuguese democracy".

Supporter of Gonçalo Amaral and Freedom of Expression

Mr. Amaral is said to have 'rejoiced' in the court's verdict and told Lusa News Agency it was proof "there is a democracy after all".

He said that he had expected the court to overrule the injunction placed on the selling of the book by missing Madeleine McCann’s parents.

"The book is an exercise of citizenship and freedom of expression. With this decision by the court it was Portuguese democracy that won, as the banning of book sales was unconstitutional", said Gonçalo Amaral.

The ex-inspector also said the court's decision was "very important" for the two pending lawsuits currently in place against him but for which no start dates have been set for the trials.

In a civil lawsuit, Kate and Gerry McCann, parents of Madeleine, are seeking €1.2 million in compensation for defamation. In a second case Amaral is accused of violating the secret of justice.

Isabel Duarte, the McCann's lawyer, declined to comment on the court's quashing of the ban and simply said "the decision is being analysed so we can react".

In turn the book's publishers Guerra & Paz, which edited 'Maddie – The Truth of the Lie' in July 2008, said it would "immediately proceed with all diligences to free up the seized copies [of the book] and put the book at the disposal of the Portuguese public".

In a statement the publishing house said Gonçalo Amaral's book "is a relevant contribution for the discovery of material truth" and classified the overturn as respecting "the right to inform and the right to an opinion".

Earlier this year a Lisbon court ruled that an injunction placed on the controversial book in September last year should remain in place. At the time Kate and Gerry McCann said they were "very pleased and relieved by the judge's decision".

In his book, Gonçalo Amaral defends the theory that Kate and Gerry McCann were in some way involved in their daughter's disappearance from the Ocean Club resort in Praia da Luz in May 2007, shortly before her fourth birthday.

Edition: 1084

McCanns' fury at book ruling, 24 October 2010
McCanns' fury at book ruling Sunday Express (paper edition)

Sunday 24 October 2010

A BANNED book about the Madeleine McCann case by a former Portuguese detective is set to be sold in Britain.

A court in Lisbon has overruled a decision to forbid the sale of Goncalo Amaral's controversial Maddie: The Truth Of The Lie.

Kate and Gerry McCann, the parents of missing Madeleine, got the ban earlier this year.

Mr Amaral, who led the hunt for Madeleine in its first five months, alleges in a book and DVD that Madeleine died in the McCanns' Algarve apartment.

Madeleine vanished while on holiday in Praia da Luz in 2007 when she was three years old. Mr Amaral's wife Sofia Leal said: "We believe there would be a great deal of interest in the book."

A family friend said the McCanns were "absolutely furious" and vowed to continue with a £1million libel suit against Mr Amaral.

Gonçalo Amaral looks to launch book in UK, 29 October 2010
Gonçalo Amaral looks to launch book in UK Algarve Resident

Gonçalo Amaral, the author of Maddie  A Verdade da Mentira, says the British have the right to read the "objective" publication.

By PAULO SILVESTRE and DAISY SAMPSON
Updated: 29-Oct-2010


Former lead investigator in the Madeleine McCann case Gonçalo Amaral has told the Algarve Resident of his intentions to release his controversial book, Maddie – A Verdade da Mentira (Maddie - The Truth of the Lie) in the UK.

Gonçalo Amaral said: "I believe that the British people have the right to read an objective and well reasoned literary work. I think that it would be strange that the oldest democracy in the world was not able to publish and read this book."

The ban on the book, which was imposed in September 2009, was lifted this month allowing it, and a DVD based on the account, to go back on sale across the country and Gonçalo Amaral believes that this decision was an act of justice.

"I think that justice has been done in this case. The battle has been won but the war has only just begun in the search for truth and the realisation of justice," he said.

While the controversial book set out to state the beliefs of Gonçalo Amaral in the case of the disappearance of Madeleine McCann, he has no concrete plans to follow this up with a sequel.

"My book gave an account of the first six months of the investigation which I coordinated and in which I was defiled and unfairly criticised both personally and professionally.

"Now the process of the case is available to the public while the strategies of the McCann family and their private investigators have also brought forward a wealth of information about the case. I have gone back to being a free man but I will think about if it would be good sense to decide to write another book."

Meanwhile, Gonçalo Amaral has not made a final decision as to whether he will be suing the McCann family for damages incurred through the banning of the book. He told the Algarve Resident: "The decision to sue the McCanns for damages has not yet been made. We are assessing the damages that have been done and then I will make a decision with my family and lawyers about this."

Gonçalo Amaral refused to comment about a possible appeal by the McCann family to reinstate the ban: "I have no opinion on statements of intent. Let's wait and see," he said.

With thanks to Nigel at McCann Files

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