Almost a year to the day that former PJ
coordinator Gonçalo Amaral learnt that
the parents of missing Madeleine McCann
had successfully sued him over his book
“The Truth of the Lie”, three appeal
court judges have ruled that there is
essentially no case to answer.
Ferreira de Almeida, Catarina Manso and
Alexandrina Branquinho have unanimously
overturned the ruling of a lower court,
freeing Amaral from a €500,000 bill for
damages and another €106,000 in legal
costs.
The McCanns, who were originally suing
Amaral for €1.2 million, are “almost
certain” to appeal. But the fact that
the judges were united over their
16-page decision speaks volumes.
The question, they explained, centres on
“appreciating an alleged illegality”.
Amaral’s thesis - that Madeleine “was
not abducted, but had died accidentally”
and that her parents, knowing this, had
“covered up” the facts using “the theory
of kidnap to elude” was nothing new.
It came from evidence contained in
police files on the case, and it was
the basis for the couple being made
“arguidos” in the original
investigation.
The judges thus accepted Amaral’s
contention that he wrote “Truth
of the Lie” “to expose his vision of
the facts”, saying that it followed that
“publication of the said book has to be
considered a legitimate exercise of the
right to an opinion”.
But even more, the panel stated that it
was the McCanns who “multiplied
themselves in interviews and
interventions in national and
international media” to the point that
“one must conclude that it was they who
voluntarily limited their rights to
reservation and the intimacy of private
life”.
In very stilted legal jargon, the bottom
line is that the judges basically rated
Amaral’s right to an opinion on the same
level as anyone else’s.
Picking up the story, the Daily Mail
managed to speak to McCann defence
lawyer Isabel Duarte who said both she
and her clients were “obviously
disappointed”.
Duarte added however that she was not
surprised, as “one of the judges ruled
in favour of a previous appeal
overturning a ban on the book”.
Indeed, McCann lawyers tried to remove
this judge (Catarina Manso), altogether.
A legal source has calculated that the
shenanigans “cost some two months of
time, which explains why this decision
took so long”.
As Público explains, copies of the
“Truth of the Lie” can now once again go
on sale (which television reports
suggest will happen next week), as can
the DVD film documentary, the property
of Valentim de Carvalho Filmes and
television station TVI.
The panel’s decision, Duarte told the
Mail, was “an appreciation of the law
and not the facts”.
“We can appeal to the Supreme Court
which we will do as soon as we have
instructions from our clients,” she
said. “We obviously hope the appeal will
succeed. The McCanns never received any
compensation money after the original
decision, although the money was
deposited at the court.”
This is something Amaral will very
likely be addressing with his own
lawyers, as he has had his assets frozen
since the McCanns launched their civil
action seven years ago.
Day-to-day life for the former cop has
not been easy in the interim, but he has
been buoyed by support - much of it
coming from the UK - which last year saw
over £50,000 raised towards his legal
costs via an appeal launched by a
budding British criminology student.
Amaral’s stance throughout the ordeal
has been to insist on his right to
freedom of expression - though he has
intimated that ‘when all this is over’,
he may well be filing civil charges of
his own.
Speaking to Nova Gente magazine last
year, he said: “Each thing in its own
time.”
It won’t only be the McCanns he plans to
sue, “but their group of friends and
other people and entities”, he said,
stressing “there is an illicit action
that was indeed performed, the neglect
in guarding their children which caused
direct damages to many people, not only
myself”.
Members of the Ocean Club staff were
fired, he said, “many of them unjustly,
passing from mere employees and heads of
their families to suspects in a criminal
investigation when they had nothing to
do with the matter”.
Coincidentally, Tuesday’s ‘news of the
appeal result in Portugal’ came as
papers in UK were highlighting remarks
made by “the detective in charge of the
search for Madeleine”, Detective Chief
Superintendent Mick Duthie - a new name
in the British-led inquiry - who said
police “still believe Madeleine could be
found alive”.
Glossing over the fact that British
press has given the long-running probe
by the Metropolitan Police until October
before funding is pulled altogether
(click here), Duthie told reporters that
Operation Grange (so far costing British
taxpayers in excess of £12 million)
could be extended by additional funding,
as there is “always a possibility that
we will find Madeleine”.
Nevertheless, this week is one for the
Amaral camp.
The former detective said Tuesday’s news
was “a tremendous and important victory
for the right to opinion, freedom of
expression and democracy”.
He also said he was “fully aware” that
the victory was only possible thanks to
the support he has received, “from
Portuguese citizens and other
nationalities but principally from
British subjects, including British
police colleagues” - all of whom he
thanks “from the bottom of my heart”.
“The victory belongs to those who
believe in truth, honesty and the
realisation of justice,” he concluded.
But, with social media buzzing and
articles throughout the world’s press,
there is no getting away from the fact
that Tuesday’s news came just weeks
before the ninth anniversary of
three-year-old Madeleine’s baffling
disappearance.
Despite all the millions spent, all the
agony of lawsuits and strife, all the
pain of all those involved, no one seems
any closer to the hidden nugget that
will finally lift the lid of this
extraordinary mystery.
By NATASHA DONN natasha.donn@algarveresident.com
UPDATE WEDNESDAY: Expresso has revealed
that Amaral's legal team does indeed
intend to press ahead with a
counter-suit against the McCanns.
“We are going to advance with a
compensation claim against the McCanns",
lawyer Miguel Cruz Rodrigues has told
the paper. “My client has suffered years
of prejudice and losses.”
Amaral will be seeking "damages for what
have been years of financial losses" in
which his "good name has been called
into question,” said the lawyer. |