In the aftermath of their libel case
defeat, the parents of missing Madeleine
McCann are reported to be threatening
people found selling the damning book
"Truth of the Lie" that has been once
again freed from censorship.
The UK’s Daily Mirror claims Kate and
Gerry McCann “have warned anyone caught
selling ex-police chief Gonzalo (sic)
Amaral’s book in the UK would face legal
action”.
But the story fails to address the fact
that, right now, there is no legal basis
for this tactic.
Amaral’s thesis will be returning to
bookstores in Portugal next week as both
he and his publishers Guerra e Paz have
won the civil action lodged against
them.
It is possible the McCann’s lawyers will
argue that the appeal they claim to be
lodging with Portugal’s Supreme Court
could cover threats of legal action -
but this is also debatable, say legal
experts.
“The book is not held to be defamatory
in any jurisdiction in the world”, said
one - pointing out at the same time that
an appeal to the Supreme Court in
Portugal is equivalent to an appeal to
the House of Lords in Great Britain.
“These courts only listen to cases
involving important points of law, of
general public importance”, he told us.
“They are not interested in facts, nor
minor squabbles - nor whether the Court
of Appeal has made a good or bad
decision.
“They are only interested if they have
to clarify something which the
substantive law has not made entirely
clear”.
In other words, an appeal by the
McCann’s to continue their action
against former PJ coordinator Gonçalo
Amaral “may not even be entertained”,
said the source.
Be that as it may, the fallout from
Tuesday’s decision is reverberating
through the world’s media channels,
particularly as Amaral has hit back
almost immediately with the news that
his lawyers will now be suing for
compensation.
The bill “could run into the hundreds of
thousands of euros”, writes the Mirror,
explaining that Amaral is said to be
suing for “years of financial losses in
which his good name has been called into
question”.
Negotiating with his publishers today,
the former detective confirmed to the
Resident that “what the McCanns are
doing is illegal. I am in talks with my
publishers for a book in the English
language, as there is as yet no
publisher in the UK, the USA, Australia,
New Zealand - not even Amazon - that is
selling it.
"The McCanns will learn to respect the
right to opinion and freedom of
expression”, he added - stressing that
“any version” of Truth of the Lie in
English that can be found on the
Internet is also illegal, as neither he
nor Guerra e Paz publishers have given
their authorisation to translations.
natasha.donn@algarveresident.com |