The purpose of this site is for information and a record of Gerry McCann's Blog Archives. As most people will appreciate GM deleted all past blogs from the official website. Hopefully this Archive will be helpful to anyone who is interested in Justice for Madeleine Beth McCann. Many Thanks, Pamalam

Note: This site does not belong to the McCanns. It belongs to Pamalam. If you wish to contact the McCanns directly, please use the contact/email details campaign@findmadeleine.com    

McCanns Appeal To The Supreme Court*

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McCanns at Lisbon press conference, 10 November 2010

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 for democracy".

Maddie's parents in meetings today in Lisbon, 10 November 2010
Maddie's parents in meetings today in Lisbon Diário de Notícias

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.

Isabel 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".

Regarding the 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 Kate.

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
McCanns appeal to the Supreme Court to forbid Gonçalo Amaral's book Jornal de Notícias

The McCanns are again in Lisbon, foto JOSÉ CARLOS PRATAS/GLOBAL IMAGENS
The McCanns are again in Lisbon

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.

Isabel Duarte, 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 parents.

"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.

The lawyer, 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 secrecy.

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 arises.

McCanns at Lisbon press conference, 10 November 2010

McCanns at Lisbon press conference, 10 November 2010

McCanns at Lisbon press conference, 10 November 2010

McCanns at Lisbon press conference, 10 November 2010

Gonçalo Amaral accuses the McCanns' lawyer of disobedience, 10 November 2010
Gonçalo Amaral accuses the McCanns' lawyer of disobedience SOL

Gonçalo Amaral

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".

* A non-legalese attempt by a non-legalese citizen to explain a legal recourse Joana Morais blogspot

By Joana Morais
10 November 2010

Jurisprudence Uniformity [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
The McCanns, The McCanns' lawyer, The McCann book Trustee and a simple question Joana Morais blogspot

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 Isabel Duarte.

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, I repeat!

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.

The 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.

As 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
McCanns take Amaral book fight to the Supreme Court Algarve Resident

Isabel Duarte

By CHRIS GRAEME
updated: 11-Nov-2010 18:58:56

The 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.

Lisbon's 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 in 2007.

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".

In 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
Kate and Gerry call for Madeleine case review Algarve Resident

A heartfelt plea from Gerry and Kate McCann

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.

At 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.

"There has 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

The 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.

"Our 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 day.

Kate McCann with lawyer Isabel Duarte

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

"I can't 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.

"There is 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.

The 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/

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

McCanns call for case review Algarve Resident

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:

McCanns, with Isabel Duarte, at press conference in Lisbon, 10 November 2010

Maddie: Plea for new hunt, 12 November 2010
Maddie: Plea for new hunt The Sun (paper edition)

Friday 12 November 2010

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 difficult."

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.

Videos posted by Find Madeleine, 16 November 2010
Videos posted by Find Madeleine Facebook

16 November 2010 16:36
by
Find Madeleine (videos) 2:11

"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."

Kate McCann at Lisbon press conference

Transcript

By Nigel Moore

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 British authorities.

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.

Reporter (v.o.): Although they admit that there is not any new evidence that allows the process to be reopened.

Gerry 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
Supreme Court turns down McCanns' request SOL

Gerry and Kate McCann

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.

If 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)
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.

"This 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 criticised.

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.

The parents were constituted arguidos in September 2007 but acquitted in July 2008 for lack of evidence.

From the 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
War of words looms over Madeleine McCann books Sunday Express

Kate McCann publishes her fundraising book called Madeleine later this year

By James Murray
Sunday March 20,2011

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.

Mr Amaral's 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
EXCLUSIVE: Two sides to the Madeleine story Algarve Resident

Kate McCann Photo: RESIDENT GROUP

By DAISY SAMPSON
Updated: 25-Mar-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 UK release.

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.

Appeal rejected

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.

Gonçalo Amaral 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.

Gonçalo 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
Seized books: Gonçalo Amaral denounces the McCanns and their lawyer Joana Morais blogspot

A Verdade da Mentira

By Astro
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 judiciary instance.

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 place.

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

Video Transcript

Portimão - 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.

Lower Third: Supreme Court of Justice authorized the sale of Gonçalo Amaral's book

Gonçalo 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 court.

Lower Third: McCann lawyer says Gonçalo Amaral's books were not destroyed

VO: Gonçalo Amaral stresses that the legal action taken by Maddie's parents brought other damages.

Lower 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 professional activity.

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
Madeleine McCann Case: Judge orders the immediate return of the books Hasta que se sepa la Verdad

Gonçalo Amaral

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 Council

Candidate for the OA Supreme Council to visit Madeira, 27 October 2010
Candidate for the OA Supreme Council to visit Madeira Diário de Notícias

Isabel Duarte

Isabel Duarte in the Region next Friday

Emanuel Silva
Updated on Wed, 27/10/2010 - 14:17

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 correct groups.

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 Barreto (Lisbon)

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.

The 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.

With thanks to Nigel at McCann Files

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