The purpose of
this site is for information and a record of Gerry McCann's Blog
Archives. As most people will appreciate GM deleted all past blogs
from the official website. Hopefully this Archive will be helpful to
anyone who is interested in Justice for Madeleine Beth McCann. Many
Note: This site does not belong to the McCanns. It belongs to Pamalam. If
you wish to contact the McCanns directly, please use
the contact/email details
The McCanns travel to Lisbon as their lawyer, Isabel Duarte, announces that the couple have appealed to
the Supreme Court of Justice over the Appellate Court decision to overtrun the ban on Gonçalo Amaral's book: "Maddie,
The Truth of the Lie".
However, on 18 March 2011, the Supreme Court rejects the appeal and authorises the
sale of Gonçalo Amaral's book about Madeleine McCann. The former PJ co-ordinator describes it as a "victory
Maddie's parents in meetings today in Lisbon, 10 November 2010
By José Manuel Oliveira 10 November 2010 With thanks to Joana Morais for translation
Gerry and Kate McCann, Maddie's parents, are travelling to Lisbon today for meetings
with their operational teams, namely their lawyer Isabel Duarte and their PR agency headed by Cláudia Nogueira. The
presence of the McCanns in Portugal comes just days after the British couple launched an online petition to pressurise the
Portuguese and United Kingdom authorities to review the process of Maddie's disappearance, in order to gather new elements
that may allow its reopening by the Public Ministry. In coming to Lisbon, Gerry and Kate McCann are taking the opportunity
to give interviews to the media. At the end of the day, they are likely to return to the town of Rothley, in northern England,
where they live. Madeleine disappeared on the night of 3rd May 2007 in Praia da Luz, Lagos, while her parents dined with friends
at a restaurant.
McCanns appeal to the Supreme Court in order to annul Lisbon's Appellate Court
Ruling over Gonçalo Amaral's book, 10 November 2010
McCanns appeal to the Supreme Court in order to annul Lisbon's Appellate Court Ruling over
Gonçalo Amaral's book Visão
Lusa News Agency 10 November 2010 With thanks to Joana Morais for translation
Lisbon, 10 Nov (Lusa) at 20:12 - The McCann couple have appealed to the Supreme Court of
Justice over the Appellate Court decision annulment of the prohibition to sell Gonçalo Amaral's book: "Maddie,
The Truth of the Lie", stated today the lawyer of the parents of the child who disappeared in the Algarve.
Duarte, Gerry and Kate McCann's lawyer, guaranteed that the appeal has been delivered to the Supreme Court of Justice
on November 5, requesting the annulment of the decision made by the Appellate Court in Lisbon on the 19 of October.
In the appeal, the lawyer argues that the Appellate Court "has not taken into consideration facts, which, throughout
the process [I presume the process is the one relative to the book & documentary banning, and the silencing of Gonçalo
Amaral], were never put in question" and she stressed that "those elements were not analysed" by the Appellate
Judges to overturn the decision of the Civil Court of Lisbon following the injunction made by Madeleine's parents.
The McCanns' petition for a review of the Maddie case already has 31,000 signatures,
10 November 2010
The McCanns' petition for a review of the Maddie case already has 31,000 signatures Público
By Jeniffer Lopes 10.11.2010 - 19:21 With thanks to Joana Morais for translation
Kate and Gerry McCann are circulating a petition which they intend to use to make the English
and Portuguese governments review the Maddie case. So far they have managed 31,000 signatures and intend to reach 100,000.
In the press conference they gave this afternoon in Lisbon, Kate and Gerry have assured that they will not lower their arms
and that there is important information, to which they do not have access, that is in the possession of the British
and Portuguese authorities.
The McCanns believe the gathering of the data held by the English and Portuguese authorities
will allow the discovery of what has happened to Madeleine, their daughter, who disappeared three and a half years ago. With
the petition, that is available online and in paper, Kate and Gerry expect to get both the English and Portuguese governments
to cooperate, gathering and analysing all the informations.
"If we don't have the help of the authorities,
we will have to continue the search ourselves," said Kate. Holding hands with stern expressions, the McCanns highlighted,
several times during the press conference, their intention of not giving up until they know what has happened to Maddie, who
would be seven-years-old today. "It's like being in a race and not knowing when it will end," said Gerry.
Despite the "small investigation team", financed by Maddie's Fund, the McCanns say that they are "restricted",
in the sense that they do not have "access to all the information the authorities have".
Maddie Fund, the McCanns guarantee that it is not over, despite the decrease in contributions that has been recorded. According
to Gerry, the maximum has been done to get financial support. "Every month we have meetings to discuss ways to ensure
money", he explained. "If it wasn't for the fund, no one would be looking for Madeleine right now", said
Regarding the Appellate Court decision of annulling the ban on the sales of Gonçalo Amaral's book
– "The Truth of the Lie" -, the McCanns haven't said much. According to Gerry, the book "leads one
to believe that Maddie is dead, when there is no evidence pointing in that direction".
Isabel Duarte, the
McCann's lawyer, said that "the appeal to the Supreme (Court of Justice) was delivered on the 5th of November".
This is an exceptional situation, made possible, according to Isabel Duarte, thanks to raising a fundamental argument: "That
this book was published and will continue to be published to make money and to deepen my clients pain, and to hinder the investigation
relative to Madeleine McCann".
In the case of the Appellate Court's decision being upheld, the solution
will be to appeal to the international courts.
Gonçalo Amaral's book is not yet available on the market.
"And it won't be," stated Isabel Duarte. "I am the trustee of the book and whilst I am not forced to return
it, I will not do it in any way, whatsoever. This while there isn't a final definitive decision."
McCanns appeal to the Supreme Court to forbid Gonçalo Amaral's book,
10 November 2010
10 November 2010, 20h37m With thanks to Joana Morais for translation
The McCann couple have appealed to the Supreme Court of Justice against the Appellate Court's
decision to overturn the ban on the sales of Gonçalo Amaral's book "Maddie – The Truth of the Lie",
the lawyer that represents the parents of the child that went missing in the Algarve said today.
lawyer to Gerry and Kate McCann, who were in Lisbon today, asserted that the appeal was delivered at the Supreme Court of
Justice on the 5th of November, requesting the Appellate Court of Lisbon's decision dated October 19 to be annulled.
In the appeal, the lawyer argues that the Appellate Court "did not take into consideration facts that have never
been questioned throughout the process" and stressed that "those elements were not analysed" by the higher
judges, in order to cancel the Civil Court of Lisbon's decision after the injunction that was requested by Madeleine's
"The Appellate Court did not take into account that the book was made to make money, to deepen the
McCann couple's pain and to damage the investigation", stressed Isabel Duarte, who has not yet returned Gonçalo
Amaral's book to editor Guerra & Paz, for the former inspector's work to return to bookshops.
who is the trustee of the book copies as ordered by the Civil Court, said that "nothing will force me to return
them until there is a final decision" from the Supreme Court of Justice.
In January, the Civil Court of Lisbon
tried the injunction that had been requested by the McCanns (temporarily decreed on the 9th of September) and decided to uphold
the prohibition to sell Gonçalo Amaral's book and forbade the former Judiciary Police inspector from giving interviews,
both in Portugal and abroad.
Afterwards, the Appellate Court decided in favour of Gonçalo Amaral, who in
his book defends the thesis of Kate and Gerry McCann's involvement in the disappearance of their daughter in May of 2007,
in a tourist apartment in the Algarve.
Apart from this process, Kate and Gerry McCann filed a lawsuit against Gonçalo
Amaral over defamation, in which they demand compensation of 1.2 million euros, and another one over violation of the judicial
Madeleine McCann disappeared on the 3rd of May, 2007, in an apartment in a tourist resort in Praia da
Luz, Lagos, where she was spending holidays with her parents and two siblings.
As coordinator of the Judiciary
Police's Criminal Investigation Department in Portimão, Gonçalo Amaral was a member of the investigating
team that tried to find out what happened to the little English girl.
Kate and Gerry McCann, who have always maintained
the position that Madeleine was abducted, were made arguidos in September 2007, but ended up being cleared in July 2008 due
to a lack of evidence to sustain the hypothesis of the child's accidental death that had been advanced by the investigation.
Thus the Public Ministry filed the process, which may be reopened if new consistent data concerning the child's disappearance
McCanns at Lisbon press conference,
10 November 2010
Gonçalo Amaral accuses the McCanns' lawyer of disobedience, 10 November
Gonçalo Amaral accuses the McCanns' lawyer of disobedienceSOL
By Margarida Davim 10 November 2010 With thanks to Joana Morais for translation
The Appellate Court, on October 19, lifted the ban on the sale of the book written by Gonçalo
Amaral, The Truth of the Lie. However, Isabel Duarte, the McCanns' lawyer and trustee of the apprehended copies, has failed
to return the ten thousand copies to the book publishers.
There are about ten thousand copies of Gonçalo
Amaral's book, The Truth of the Lie, which are being kept by Kate and Gerry McCanns' lawyer, even though the Appellate
Court has annulled the decision to forbid its sale and distribution.
"It is very peculiar for a lawyer
who is a candidate to the Superior Council of the Bar Association [Lawyer's Order] to display this kind
of behaviour, failing to obey the decision of a Court", commented to SOL the former Judiciary Police inspector,
indignant at not having yet received the books.
Amaral "does not wish to believe" in
the hypothesis that the books were destroyed, even though that was precisely what the "McCann couple desired".
According to the daily newspaper Correio da Manhã, Isabel Duarte has delivered an appeal to the Supreme Court
of Justice, at the end of last week, alleging that the Appellate Court decision "failed to take into account facts which,
throughout the process, were never put in question".
The lawyer believes that "the Appellate Court did
not consider the book was written to make money, to deepen the McCann couple's pain and to hinder the investigation".
Gonçalo Amaral has a different opinion: "The non deliverance of the books can constitute a crime
of civil disobedience".
The former coordinator of the investigation into the disappearance of Madeleine
McCann states that the Appellate Court ruling has no recourse. "The appeal decision would only be admitted has
an extraordinary recourse to the Supreme Court of Justice, that is, a recourse of jurisprudence uniformity*
if a case law [jurisprudency] existed opposing the decision made by the Appellate Court". Even
in that case, the recourse "would not have a suspending effect".
[Latin iuris prudentia] is a legal recourse in Portuguese Law, 763º article & subsequent in Código
de Processo Penal (CPP) - Portuguese Civil Code, used to appeal a Court ruling. As the name implies, there needs to be a case
making law, or several, opposing a court ruling which will be used as the 'grounds' - hence the term jurisprudency
- for an appeal against said court ruling.
What does this legal recourse mean in this specific case? - basically
that the McCanns' lawyer, Isabel Duarte, would have to find similar cases where books have been banned for similar reasons
in Portugal and use those cases, as legal evidence and a basis on which to make the appeal to the Supreme Court - which
as far as I know it is something that might be hard to find in the Portuguese law, unless one goes to the years previous to
1974, to those 48 years of Portuguese Dictatorship when books were banned and people were threatened into silence, by force.
However, as Dr. Amaral explains in the above article, even then, even if the Supreme Court accepts an appeal made
using this extraordinary legal recourse, the facts that remain are:
a) the Lisbon Appellate Court Judges has ordered
on October 19, that Dr. Isabel Duarte, the trustee of the previously banned books, must restitute back those copies to
the legitimate owner, i.e. Guerra & Paz book publishers;
b) an appeal using the jurisprudency uniformity [Article
768º] has a merely non-staying effect;
c) even if the McCanns' lawyer uses another legalese tactic [Articles
771º to 782º of the CPC] to appeal for an exceptional review of the Appellate Court of Lisbon ruling, which seems
to be the case according to to her own statement above; and the appeal to the Supreme is accepted, the law states very clearly
[Article 774º] that an application for a review has no suspensive effect.
Therefore, and in a very non-legalese
manner: the books should have been returned upon the moment the McCanns' lawyer was notified of the Appellate Court decision
which overturned the book ban, and subsequently its sales. And 'ungagged' a Portuguese citizen.
The McCanns, The McCanns' lawyer, The McCann book Trustee and a simple question,
10 November 2010
Paulo Sargento 10 November 2010 With thanks
to Joana Morais for translation
It is widely known that the McCann couple were in Lisbon today, in a meeting with their
legal representative, the Hon. Madam Lawyer Isabel Duarte, and, as far as I am able to tell, with the Director of the public
relations company "Lifting".
The McCann couple has launched an online petition for a review of the process,
allegedly, because they know that "there is important information, to which they do not have access, that is in
the possession of the British and Portuguese authorities".
Now, this question is vitiated [made void] by an
immeasurable fallacy: how does one assure the importance of information to which one does not have access? As far as it is
known, the information the authorities possess about the case is either in the process or in the possession of the Public
Ministry, to whom several suggestions were given regarding investigational steps to matters that were not carried out.
On the other hand, the figure of the process review in our legal system has, necessarily, criteria, which are not
met in the case in question.
Finally, I would like to leave a few words concerning the attitude of Hon. Madam Lawyer
Indeed, the most excellent Madam Isabel Duarte has every right to present the appeals that she deems
adequate, though of doubtful admissibility, and even, of appealing to the European Court of Human Rights. She has the right,
However, she has the duty, even more due to the fact of her being a candidate to the Supreme Council
of the Bar Association, to comply with a ruling from a superior court, as is the case of the Appellate Court.
illustrious barrister is not, therefore, above the Law. Actually, it would be better not to go beyond her role as a Lawyer,
like when she attempted, at least three times that I have witnessed, to influence the contents of television programmes where
the subject of discussion was the Maddie case, recalling the injunction and the consequences of its disrespect.
to the appeal (which would only be allowed under the standardisation of jurisprudence), what is left is to remember that
it does not have any suspensive effect on the Appellate Court's decision.
Thus, unless something has happened
to the books that she has been entrusted with, I do not see why she does not return them.
McCanns take Amaral book fight to the Supreme Court, 11 November 2010
Lisbon lawyer representing the McCann family in their bid to obtain a permanent injunction on a former police chief's
book alleging that Madeline McCann died on the evening of May 3, 2007 in the family's holiday apartment at Praia da Luz
in the Algarve, says they will take their fight to the Portuguese Supreme Court.
Isabel Duarte, the Portuguese
lawyer representing the McCann family in the case, confirmed that despite the ruling the book could not go back on sale until
a final decision had been made by the Portuguese Supreme Court.
Speaking in Lisbon on Wednesday, November 10, Gerry
McCann said that the Lisbon Court of Appeal's decision to overturn a Lisbon Civil Court ruling earlier this year to prohibit
the publication of ex-inspector Gonçalo Amaral's book Maddie - the Truth of the Lie was "a disappointment
and a setback and one battle lost on the way".
He told the Algarve Resident: "Our attention
is focused on searching for our daughter and we can't lose sight of this objective. This matter has been placed in the
hands of our lawyers and has not been definitively decided."
Isabel Duarte said that the essential facts had
"not been called into question" and these in essence were the fact that the book was published to make money, had
inflicted pain and suffering on her clients and had impeded the search for Madeleine through the non-proven suggestion in
the book that Madeleine had died in the apartment on the night of her disappearance.
The decision to overturn an
earlier injunction maintained by a Lisbon Civil Court over the publication of the book was made in September.
Court of Appeal ruled in favour of the former police chief who led the investigation into the disappearance of Madeleine McCann
and his right to publish his thesis into what he believed had happened to Madeleine McCann on the night of her disappearance
The appeal judge ruled that the "contents of the book did not offend any of the fundamental rights"
of the complainants and "the exercise of its writing and publication is contained within the constitutional rights assured
for all by the European Convention of Human Rights and by the Constitution of the Portuguese Republic".
September 2009, following a temporary injunction was successfully applied for by and granted to the McCanns against the publication
of the book and the distribution of a TVI TV documentary programme, the Lisbon Civil Court maintained the injunction on the
sale and distribution of the book and TV recording.
But the Appeal Court judges made harsh criticisms that the
Civil Court ruling had impinged on Gonçalo Amaral's "constitutional and universal right to express his opinion,
in any form, (written, interview, analysis or commentary) about what he had written in the book" as well as "restricting
his opinion and freedom of expression".
Isabel Duarte said that she had lodged an appeal on November 5 against
the Court of Appeal's ruling at the Supreme Court of Justice.
If the McCanns lost that appeal, she said, they
would take the case to the international courts.
Kate and Gerry call for Madeleine case review, 12 November 2010
English-language EXCLUSIVE by CHRIS GRAEME updated: 12-Nov-2010
Kate and Gerry McCann made a heartfelt plea in Lisbon on Wednesday afternoon (November 10) for a full review
of the case into the disappearance of their daughter Madeleine from Praia da Luz in the Algarve in May 2007.
an informal press briefing held at the McCann's Portuguese lawyers Isabel Duarte & Associates, Gerry McCann said that
the purpose of their visit was to meet with their advisors and inform the public about a 30,000 word on-line petition calling
upon the United Kingdom and Portuguese governments to re-launch the search for Madeleine and undertake a full review the case.
Kate McCann said that the perpetrator of the crime was still out there and that the believed that all the information
needed to be brought together and re-examined again.
Contradicting what he called inaccurate reports in the British
press that the Madeleine Fund set up to finance the search for their daughter was fast running out of cash, Gerry McCann stressed
that the petition was not about raising money but about calling for a full review of the case.
not been a law enforcement agency looking for Madeleine for a long time which is why we want a full review of the case that
could provide key and overlooked information which could in turn lead to the reopening of the case," said Gerry McCann.
Kate added that case reviews were fairly commonplace in the United Kingdom but understood that it was usual in Portugal
without new evidence.
The McCanns still have a small team of private investigators funded from the Madeleine Fund,
which currently stands at more than £200,000.
Kate stressed that if it had not been for the fund no one would
have been able to look for Madeleine, adding that the short and medium term future of the fund was secure even though funds
had gone down after having lasted a long time.
Ensuring that the fund continues
fund organisers hold regular meetings not only to look at ways to raise funds but to ensure that the fund continues and the
money is spent widely for the continued search for Madeleine.
The McCanns say that by getting a review of the case
they would not be so reliant on the fund.
"Enquiries are conducted as much as possible but non-police investigators
are restricted in what they can do and don't have the access to all the investigation and police files.
team has worked on several leads but that has not led to new evidence strong enough to reopen the case," said Gerry McCann.
On the question of the petition, the McCanns urged people to keep trying to access the on-line version despite some
teething problems and added that there was also a conventional paper petition for those who didn't have access to the
Internet or a computer.
"There is no deadline for the petition so we want as many people to sign it as possible
since everyone involved in a case of a missing child should be entitled to have their case reviewed," added Kate McCann.
The twins still talk about Madeleine
Three years after Madeleine's disappearance from
a holiday apartment complex at Praia da Luz, her twin brother and sister Sean and Amelie still talk about Madeleine every
Gerry McCann said that the twins, Sean and Amelie were an "amazing
source of strength for Kate and I and bring us a lot of joy".
"Last weekend when getting into the car
they wrote their names in the condensation that had formed on the inside of the window and said they would write Madeleine's
name too since she was part of the family," said Gerry McCann.
Kate McCann told how her son Sean had stood
up in class and said he had two sisters and added that if she was having a bad day the twins were always encouraging.
"This is an ongoing trauma and it's important to talk openly about it. Everyone is suffering because of it, grandparents,
siblings, cousins. We can't all get together and not talk about Madeleine. We need to talk about her," said Kate.
Gerry McCann outlined how the twins had seen a specialist child psychologist to help them deal with the situation.
"The twins know almost as much as we know, they are coping O.K, they know we are in Portugal and they can make sense
of the chronological order of events. It would not be right to try and suppress everything."
Kate and Gerry
McCann likened their day-to-day life and search for Madeleine to "running a race" - except in this case there was
no measurable end in sight.
There are weeks when we feel drained
rest, I don't believe any parent facing such a situation could rest and be at peace. There are weeks when we feel drained
and the fact that we can't see the end in sight makes it worse," said Kate.
"No parent could ever
say physically or emotionally that the time has come to stop thinking about and looking for a lost child. You cannot be in
peace in such a situation," she added.
The McCanns believe that senior officers used to reviewing cases need
to sift through all the information from different sources and take a fresh look at the evidence.
a lot of information out there but it has not been put onto a central data base.
"Two separate pieces of information
might not seem relevant but when brought together could help to move things forward," explained Kate.
couple say they don't know how much sensitive information made its way into the published files and accepted some material
was probably missing.
"The question is why aren't the authorities doing anything? We want the case solved.
No one is looking at the data afresh. I don't personally think that the UK authorities have done enough. We wouldn't
be calling for a petition to review the case if we felt that the authorities had done all in their power," said Gerry.
The Online Madeleine McCann Petition, in both Portuguese and English, can be found at www.ipetitions.com/petition/madeleinemccann_case_review/
English language EXCLUSIVE By Chris Graeme Updated: 19-Nov-2010
Comment: This is an updated version of 'Kate and Gerry call for Madeleine
case review', published 12-Nov-2010, which is reproduced above.
The text of the article is identical
to that previously published apart from the omission of the following paragraph:
"This is an ongoing trauma
and it's important to talk openly about it. Everyone is suffering because of it, grandparents, siblings, cousins. We can't
all get together and not talk about Madeleine. We need to talk about her," said Kate.
In addition, the two
pictures which previously accompanied the article have been removed and replaced with the following picture:
Maddie: Plea for new hunt, 12 November
Maddie: Plea for new hunt The
Sun (paper edition)
Friday 12 November
KATE and Gerry McCann yesterday begged the Portuguese people to help find their missing daughter Madeleine
- by signing a petition calling for a new search.
During a trip to Lisbon they asked the nation to back their new
plea to the Portuguese and British governments to reopen the case. They already have 34,000 signatures, but want 100,000.
Kate, 42, said: "If we have no help from the authorities we must continue to look for ourselves. It's very
Maddie was nearly four when she disappeared from a holiday apartment in Praia da Luz in 2007.
The police investigation was shelved in 2008.
The couple were also in the country in a new bid to halt the sale
of a book about Maddie by Goncalo Amaral - the police chief sacked from the case.
"We don't have key evidence to say
'You must investigate this because it will reopen the file' and that's why we're asking for a review."
Presenter: The McCanns want the process about the disappearance of their daughter
to be reviewed, so they have launched a petition on the internet directed at the Portuguese and British authorities. Madeleine's
parents say that there are a lot of facts that have not been analysed since the shelving of the case in Portugal.
Reporter (voice over): The petition is available on the internet and it already counts more then 31,000
signatures. Madeleine's parents request a review of the process with all the information gathered by the Portuguese and
Kate McCann: If you review all the information - literally all the information,
not just what each authority has - you riew... review it all and tie it all together, you'll have a much clearer picture
of, 'here we are; this needs to be done; that needs to be done', so it just seems like a really sensible and vital
step really before reopening.
Reporter (v.o.): Kate and Gerry McCann say that the process in Portugal
was shelved under pressure because it had reached the end of the time to investigate and that, since that time, new data has
appeared which has not being analysed.
Gerry McCann: As far as we know, since then, no-ones looking
at the... the data fresh and that's really important. We realise that it's not a usual process in Portugal - we realise
that - but it doesn't mean to say that it... it... it cannot be done or shouldn't be done.
(v.o.): Although they admit that there is not any new evidence that allows the process to be reopened.
McCann: We don't have key evidence to say 'You must investigate this because it will open... you know, it
reopens the file' and that's why we're asking for a review. We want to identify areas that merit further investigation,
that may lead to new evidence that could help us solve the crime.
Reporter (v.o.): In court, the
case against Gonçalo Amaral continues. Last month the Appeal's Court allowed his book to be returned to the bookstores.
The McCanns say it is only one more battle and have presented an appeal to the Supreme Court of Justice.
Supreme Court turns down McCanns' request, 18 March 2011
By Margarida Davim 18 March 2011 Thanks to Astro for translation
Kate and Gerry McCann wanted the Supreme Court of Justice to nullify
a decision by the Appeals Court that allowed for the book by Gonçalo Amaral, 'The Truth of the Lie', to be
distributed. Nonetheless, the judges have refused the request.
Former Polícia Judiciária inspector
Gonçalo Amaral will again be able to sell the book about the disappearance of Madeleine McCann, 'The Truth of the
Lie', which was taken off shelves after an injunction that was filed by the parents of the little English girl that disappeared
in Praia da Luz was accepted by a lower court.
The Supreme Court judges refused the request for an "exceptional
review" of the Appeals Court's decision, which overturned the injunction that had been filed by Kate and Gerry McCann.
The counsellors' decision may be appealed to the Constitutional Court, but that will have no suspensive effect,
which means that Kate and Gerry McCann will have to return every copy of Amaral's book that they possess.
they do not comply, they may even incur in a crime of disobedience.
Contacted by Sol, the McCanns' lawyer,
Isabel Duarte, refused to comment on this judicial decision, because she hadn't been notified yet.
Court authorises the sale of Gonçalo Amaral's book about Madeleine
McCann, 18 March 2011
Court authorises the sale of Gonçalo Amaral's
book about Madeleine McCann Público
Amaral speaks of victory for democracy (Miguel Manso)
By Lusa 18.03.2011 - 19:28
The former PJ inspector
Gonçalo Amaral said today that it was a "victory for democracy" - the decision of the Supreme Court to allow
distribution of his book "The Truth of the Lie" about the disappearance of Madeleine McCann.
decision was a victory for democracy. What was at issue was freedom of speech," said Gonçalo Amaral to the Lusa
agency regarding the Supreme Court's refusal of the request for an "exceptional review" of the decision of the
Court of Appeal, which dismissed the injunction filed by the British couple, Kate and Gerry McCann.
The news of
the decision of the Supreme Court of Justice (STJ) was advanced today by the weekly Sol.
For Gonçalo Amaral
the stance taken by the counselling judges proves that "justice works."
Concerning the possibility that
the parents of Madeleine Mccann, the child that disappeared in the Algarve, appeal to the Constitutional Court, Gonçalo
Amaral said that by now he expects everything from them.
"From that couple, I already expect everything. Nonetheless,
if in fact they are looking for their daughter, it is not in the Portuguese civil courts that they will find her", he
The inspector, who at the time of the disappearance led the investigation of the case, again suggested
to the parents that they go to the criminal court and seek a reopening of the case.
Kate and Gerry McCann brought
a civil action to claim compensation of EUR 1.2 million and Gonçalo Amaral waits to see whether this decision from
the Supreme Court will have an effect on the main action.
In September 2009, the Lisbon Civil Court banned
the sale of the book "The Truth of the Lie," about the disappearance of Madeleine McCann and ordered the removal
from the market of copies which were still for sale, a decision that was later dismissed by the Court of Appeal.
The decision of the civil court was the result of an injunction brought against Gonçalo Amaral and the publishers
to prevent further dissemination of the book and video based upon it, as well as the theories that were contained therein
which indicated the involvement of the parents in the child's disappearance on May 3, 2007, in an apartment of a tourist
resort in Praia da Luz, Lagos.
Gonçalo Amaral claims that the child died in the apartment where the family
were staying, casting the suspicion that the parents participated in the concealment of the body of the girl.
parents were constituted arguidos in September 2007 but acquitted in July 2008 for lack of evidence.
start the family have maintained the position that Madeleine was abducted, but until now the authorities have not been able
to establish what really happened, and the prosecutor filed the case, which could be reopened if new information about Madeleine's
disappearance were to appear.
War of words looms over Madeleine McCann books, 20 March 2011
FORMER Portuguese police chief Goncalo Amaral is set for a new legal battle with Kate
and Gerry McCann after writing a second book about their missing daughter Madeleine.
book will be published in Portugal next month shortly before Kate McCann publishes her fundraising book called Madeleine.
It could not come at a worse time for Kate, 42. She is hoping someone who reads her book will come forward with information
about the person who took her daughter on May 3, 2007.
The McCanns' private investigator David Edgar is also
preparing to beef up his team in Portugal to react swiftly to any new leads produced by Kate's book. It goes on sale in
Britain on May 12 and a week later in Portugal.
The McCanns have already fought a costly legal battle over Mr Amaral's
first book on the case. Called Maddie: The Truth Of The Lie, it was taken off the shelves for several months before being
allowed back on sale.
On Friday the McCanns lost an appeal in Portugal's Supreme Court to stop his first book
from going back on the shelves there.
In the book Mr Amaral put forward the theory that Madeleine had died in apartment
5a of the Ocean Club complex in Praia da Luz on the Algarve. His conclusion angered the McCanns, who insist there is no evidence
to suggest Madeleine died there and they still hope she is alive.
Now the stage is set for a fresh legal battle.
Mr Amaral's wife Sofia said: "Goncalo has been working on his book for about six months, spending days and nights
assessing all the evidence. He has put in an enormous amount of work. The title has not been decided and a publication date
will be sorted out this week.
"At this stage he doesn't want to say too much, but he will say his investigation
was cut short and he will explain what he would have done if he had been allowed to continue. The book is not just about Madeleine.
He gives the background to other big cases he was involved with.
"The timing of this new book is just coincidental,
nothing was planned. We are not trying to cash in on the fourth anniversary of Madeleine's disappearance and we do not
want a fight over Kate's book."
Mr Amaral was a senior investigation officer in the case but was taken
off it after criticising British police for an alleged lack of co-operation.
After resigning from the Policia Judiciaria,
he has become a successful author in Portugal and regularly appears on television news. He has tried to publish The Truth
Of The Lie in Britain but no publisher has accepted it for fear of being sued for libel.
Kate McCann is said to
have been warned by her publisher to be careful of what she says about Mr Amaral. However, she does chronicle her frustration
with him and her anger over the way he looked at the case.
The Sunday Express can also reveal that Mr Edgar has
been making regular trips to Portugal to check out leads in recent months.
A source said: "The investigation
is very active. There is a hope that Kate's book will lead to someone coming forward with the key piece of the jigsaw."
EXCLUSIVE: Two sides to the Madeleine story, 25 March 2011
Readers will now be able to hear two sides of the story surrounding the disappearance
of Madeleine McCann as her mother, Kate McCann, is due to release a book detailing the case from the McCann family's point
of view on May 12 while the former police inspector in the case Gonçalo Amaral, has been granted permission to resell
his controversial book Maddie – A Verdade da Mentira (Maddie - The Truth of the Lie).
Madeleine, the book,
has been written by Kate McCann to help boost funds for the search to find her daughter Madeleine.
It is due to
be released in the UK on May 12 to coincide with Madeleine's eighth birthday.
A spokesman for the McCann family
has confirmed to the Algarve Resident that a version will be translated into Portuguese and launched here shortly after the
The spokesman said: "The book was written to give Kate and Gerry's account about what happened
on May 3. Kate and Gerry felt that it would help people to have their point of view as there have been several opinions and
alleged facts everywhere, but the least of them being from Madeleine's parents.
"They hope that the book
could help people to remember something or for people who might know something to be prompted to step forward and share information
that will help the investigation."
Money raised from the sale of the book will be donated to the Find Madeleine
Fund to help continue the work of investigators who are searching for Madeleine.
Meanwhile, former police inspector Gonçalo Amaral is now able to place his controversial book back on sale after
the Supreme Court rejected an appeal by Kate and Gerry McCann to ban the book.
The decision of the Supreme Court
came on March 18, just weeks before the planned release date of the book by Kate McCann.
told the Algarve Resident that the decision to be able to sell his book again was a "victory for democracy" and
added that the public should be free to read all versions of the case including his and that of Kate McCann.
Amaral said: "I have not read the book by Kate McCann but believe that they have the right to freedom of expression to
be able to write what they like about the case."
While the former police inspector did not criticise the plans
of the McCanns to release their own version of the case, he said that he was unsure if it would be able to help in the search
for their daughter who disappeared from their holiday apartment in May 2007.
"Could the book help to find
Madeleine? It depends on what it says so we will have to wait and see if it can contribute in any way to an investigation,
and if it can, it would then become something that could be used as evidence in a case," said Gonçalo Amaral.
He also spoke of his rights to publish in the UK: "I have the right to publish any book in the UK and the British
people also have the right to be able to read and know about all the versions about what may have happened during the night
of May 3, 2007."
Note: Updated, 25-Mar-2011 09:55:29, with new headline: Kate
McCann to release book on Madeleine's disappearance
Seized books: Gonçalo Amaral
denounces the McCanns and their lawyer, 17 May 2011
Gonçalo Amaral, the former Judiciary Police coordinator who led the investigation into the disappearance
of Madeleine McCann, is denouncing the child's parents, Kate and Gerry McCann, as well as their lawyer, Isabel Duarte,
over a possible crime "against public authority", due to their lack of compliance in returning
the seized copies of "Maddie: The Truth of the Lie".
In a formal letter to the DIAP, the Public Ministry's
department for penal investigation and action, in Lisbon, Gonçalo Amaral recalls that the McCanns, through their lawyer
Isabel Duarte, were named as legal keepers of 7500 copies of the book, with "The legal obligation to preserve
them and to return them intact" in case the injunction that was filed by them was not confirmed by a higher
After said injunction was overturned by the Appeals Court, Kate and Gerry McCann and Isabel
Duarte still refused to return the seized copies of "Maddie: The Truth of the Lie". In his denunciation, Gonçalo
Amaral states his suspicion that "the copies of his book ‘Maddie: The Truth of the Lie’ have been
destroyed", based on the fact that said destruction was initially requested by the couple in their application
for an injunction against the book – a request that was denied by the judge who granted the injunction in the first
The former PJ coordinator states that Isabel Duarte, the lawyer who represents the McCanns in their civil
actions against Gonçalo Amaral, "knows that she should have returned" the copies that were
placed under her guardianship, but has failed to do so, he suspects, "because they do not exist anymore".
Gonçalo Amaral further mentions that on the 23rd of May, Kate McCann prepares to launch the Portuguese
version of her own account of the "Tragic events that took place on the 3rd of May of 2007, in Praia da Luz",
within "the use of her freedom of expression".
Nevertheless, according to the former
PJ coordinator, Kate McCann's freedom of expression "is based on lies and on offending the Portuguese justice,
the Polícia Judiciária, those who have searched for her daughter, the Portuguese people in general and the people
of the Algarve in particular", by "launching lies about the safety, the tourism in the Algarve,
and the action of the Police institution, suggesting that the Police in the Algarve covers up sexual abuse of English children,
which is completely false".
Gonçalo Amaral further recognizes that it is not up to him to
denounce these actions, but rather a job for those who are in charge of those areas, who "shall respond according
to what their consciences dictate".
Rather, his denunciation focuses on "crimes against
freedom of expression and of qualified disobedience" if the destruction or loss of the 7500 seized copies of
"Maddie: The Truth of the Lie" by its legal guardians is confirmed.
The crime of loss or destruction
of assets under public power, as described under article 355 of the Portuguese Penal Code, if confirmed, is punishable with
a prison sentence of up to 5 years.
Gonçalo Amaral denounces the
McCanns and their lawyer (video), 19 May 2011
Gonçalo Amaral denounces the McCanns and their lawyer (video) SIC
Broadcast: 19 May 2011 With thanks to Joana Morais for translation/transcript
- Recorded yesterday
Lower Third: Gonçalo Amaral sends denunciation to DIAP against the McCann
couple and lawyer
VO: In his hands, Gonçalo Amaral brings a denunciation that he will send to the
Department of Investigation and Penal Action of Lisbon.
Lower Third: The apprehended 7,500 copies of
the book written by Gonçalo Amaral have not yet been returned
VO: The Supreme Court of Justice
authorized the sale of the book he has written, 'Maddie, The Truth of the Lie', several months ago but the book copies
that were seized and kept at the guardianship of the McCann couple's lawyer have not yet been returned.
Third: Supreme Court of Justice authorized the sale of Gonçalo Amaral's book
Amaral: This is a denunciation made to DIAP, the Department of Investigation and Penal Action of Lisbon, relative to
the eventual practise of a crime of destruction of objects placed in public domain. Namely, the 7,500 book copies of 'Maddie,
The Truth of the Lie' of which I am the author, books that were in the possession of Kate McCann, Gerald McCann and their
lawyer, Isabel Duarte. They were nominated as trustees when the books were seized, and they had them since September 2009.
Decisions by the Superior Portuguese Courts annulled the injunction from which the seizure consequently emerged. Therefore,
the books should have been returned.
VO: Without recording an interview, the McCanns' lawyer confirmed
that she is the trustee of the book copies, and as such, she would never destroy something that was entrusted to her by the
Lower Third: McCann lawyer says Gonçalo Amaral's books were not destroyed
Gonçalo Amaral stresses that the legal action taken by Maddie's parents brought other damages.
Third: Gonçalo Amaral says that legal action taken by couple brought personal and professional losses
GA: What causes a great loss to my family, mainly to my family and to me, are the other arrests in the scope of
a main legal action that is ongoing. The seizure of the authorship rights, of the documentary, for example; the destruction
of a company as a guarantee [ref. 1.2 million claim made by the McCanns], I had a legal consulting company that
was ruined by this couple and by their lawyer... There are various things that have, even, prevented me from exercising a
VO: With the denunciation on its way to DIAP, Gonçalo Amaral waits now for
the return of the 7,500 book copies of 'Maddie, The Truth of the Lie'
Madeleine McCann Case: Judge orders the immediate
return of the books, 14 March 2012
Published by Mercedes 14 March 2012 at 20:43 With thanks to Joana Morais for translation
Following the ruling of the Court of Appeals of Lisbon on October
14, 2010 in which the judges decreed that Gonçalo Amaral's books could be sold, revoking the first judgement of
the Court a quo [lower court/court decision's that was appealed] that had granted a banning injunction, and in
a new legal setback for the McCanns, we can now confirm that the judge has ordered the immediate return of the 7,500 copies
of the book "Maddie, the Truth of the Lie" that were entrusted to Isabel Duarte, lawyer of the McCann couple. The
lawyer has, of today, 10 consecutive days to fulfil that order.
Moreover, we are also able to confirm that one
of the several claims for defamation made by the McCann couple against several Portuguese people, specifically the one targeting
criminal psychologist and university professor Dr. Paulo Sargento, has been archived by the Public Ministry. Nevertheless,
and according to information that was provided to us, the McCanns' lawyer, Isabel Duarte, intends to proceed with the
claim despite not having the backing of the Public Minstry.
Isabel Duarte - Candidate for OA Supreme
Candidate for the OA Supreme Council to visit Madeira, 27 October 2010
Next Friday, 29th October, the presidential candidate for the Supreme Council
of the Bar (OA), Isabel Duarte, travels to Madeira.
The aim of the visit is to present to the Madeiran lawyers
her list for the Supreme Council, with view to the elections scheduled for November 26.
Isabel Duarte heads the
list, of which is part, as a voting member, the current president of the Council of Ethics of Madeira, Pinheiro Goncalves.
The current president of the OA Supreme Council is José António Barreiros. The Supreme Council is a
kind of 'senate' advocacy.
Isabel Duarte is 56-years-old. She has three children. She graduated from the
Faculty of Law, University of Lisbon where, during the academic years 1980/1981 and 1983/1984, she was part of the Monitors
of the Chairs of Criminal and Civil Procedural Law.
She joined the team that created the legal services of Portucel,
even though she was finishing law school. She had Nuno Soares da Fonseca as her patron. She has since 1984, been a full-time
lawyer in an office.
She joined the Lisbon District Council led by José Machado CarlosSoares. She joined
the Supreme Council.
She does not belong to any political parties or subliminal associations or any politically
She presents herself as a leftist woman and a humanist who believes that, for better or worse,
everything is solved here on earth.
Here's her list: President: Isabel Duarte (Lisbon) 1st Vice-President:
Álvaro Monjardino (Angra do Heroísmo) 2nd Vice-President: Alberto Jorge Silva (Braga) 3rd Vice-President:
António Tamagnini (Lisbon) 4th Vice-President: Ilime Portela (Lisbon) 5th Vice-President: João Loff
Voting members: António Canêdo Berenguel (Portalegre) António Pinheiro
Gonçalves (Funchal) Carlos Coelho (Coimbra) Domingas A. Rodrigues (Évora) Dulce Rito (Lisboa)
(Tesoureira) Eldad Manuel Neto (Porto) Fernando Lopes (Penacova) Francisco Gama Fernandes (Lisbon) J.
C. Garcia dos Santos (Cascais) João Castro Faria (Vila Nova de Famalicão) Leonardo Abreu (Faro) Luís Manuel Pais Amante (Lisbon) (Secretary General) Luísa Novo Vaz (Viana do Castelo) Manuel Carvalhosa
(Braga) Manuel Lima Bastos (Santa Maria da Feira) Pereira da Costa (Figueira da Foz)
Marinho Pinto re-elected head of the Lawyers Order, 27 November 2010
Marinho Pinto re-elected head of the Lawyers Order TSF
27 November 2010, 8:20 am With thanks to Joana Morais for translation
António Marinho Pinto was re-elected
as head of the Lawyers Order, achieving 9,532 votes from a total of 20,521 voters, according to information being advanced
on the Order's website.
According to the Order's site, in the elections for the triennium 2011 - 2013,
Fernando Fragoso Marques ended in second place with 5,991 votes, followed by Luís Filipe Carvalho, with 3,666.
These results are still provisional because they lack the votes for the District Council of Madeira, where the district
assembly was suspended.
Nevertheless, in the elections to the Superior Council, the list connected to Fernando
Fragoso Marques, led by Óscar Ferreira Gomes, secured victory with a total of 7,268 votes out of 19,584 voters.
Still according to the same source, the list connected to António Marinho Pinto, headed by Isabel Duarte, was
the second most voted with 6,353 votes, ahead of the list of João Pereira da Rosa, with 3958 votes.
aim of Marinho Pinto for the next triennium will be to consolidate reforms unleashed in his first term, like the access to
Law and combating the massification of advocacy.
Note: This means Isabel Duarte, the
McCanns' lawyer, has lost her candidacy to the Superior Council of the Lawyers Order.