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Kate and Gerry McCann talk
to the press after
delivering statements at the
court house in their case
against Portuguese police
officer Goncalo Amaral, in
Lisbon on July 8, 2014.
Source: AFP |
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Kate and Gerry McCann were dealt a
damaging blow today after a Supreme
Court rejected a formal complaint
against a ruling which stated they were
not innocent in the disappearance of
Madeleine.
The McCanns have been engaged in a
protracted and expensive eight-year
legal battle, using money from the Find
Madeleine Fund, to silence a detective
who authored a book that claimed they
faked their daughter's abduction and
covered up her death.
Last month, Portugal's Supreme Court
upheld a 2016 ruling that Goncalo
Amaral's 2008 book 'The Truth of the
Lie' was indeed exercising his legal
right to freedom of expression. |
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In February's ruling the judges also
declared the lifting of Kate and Gerry's
'arguidos' status (a kind of formal
suspect), and the 2008 archiving of the
criminal investigation into Maddie's
disappearance, did not mean they were
innocent.
Lawyers for the McCanns, who have
steadfastly claimed Maddie was abducted,
described the Supreme Court's assertion
as "erroneous" and "frivolous". They
immediately laid the formal complaint.
Today, Supreme Court judge Dr Jorge
Manuel Roque Nogueira threw that
complaint out. |
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Amaral oversaw the original
investigation into Madeleine's
disappearance from the family's holiday
apartment on May 3, 2007.
The McCanns were made 'arguidos' in the
days following a
cadaver and blood dog search that
saw alerts made inside the family's
holiday apartment and also a rental car
Kate and Gerry hired 25 days after
Maddie vanished.
The cadaver dog, trained to detect the
odour of dead bodies, also registered
hits on Maddie's favourite cuddly toy,
Cuddle Cat, and two items of Kate's
clothing. |
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Kate McCann, mother of
missing Madeleine, holds her
daughter's "Cuddle Cat" as
she walks out from a mass in
a Portuguese beach resort in
the southern province of
Algarve 10 May 2007. Source:
AFP |
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Madeleine Beth McCann has
been missing since May 3,
2007 from a holiday
apartment in Praia da Luz,
Portugal. Source: AFP |
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Amaral was controversially removed from
the investigation in October 2007, after
he was deemed to have been critical of
British police in an interview with a
Portuguese newspaper.
The Portuguese detective later wrote a
book based on the Madeleine case, and
released it three days after the case
was officially shelved, which was also
when 'arguidos' status was lifted from
the McCanns.
Amaral's book theorised Maddie had died
in apartment 5A, and her body had been
disposed of by Kate and Gerry.
In 2009, the McCanns launched a class
action suit against Amaral and won an
injunction against his book. |
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Former Policia Judiciaria
detective Goncalo Amaral
holds a copy of "Maddie: The
Truth about the Lie" at its
launch in Lisbon on July 24,
2008. Amaral led the
investigation on the McCann
case until he was removed
from the case. Source: AFP |
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Those legal maneuverings resulted in the
freezing of Amaral's assets, and also
the immediate seizure of a bounty of his
books.
However, in October, 2010, that decision
was overturned by the Court of Appeal in
Lisbon, which ruled the injunction had
violated Amaral's freedom of expression.
That judgement set the wheels in motion
for a showdown that threatened to
financially ruin the ex-police chief.
In April 2015 Amaral was ordered to pay
$704,000 plus interest in damages.
But with the help of almost $100,000 in
donations from his supporters, Amaral
challenged the libel ruling and won, at
the same time successfully overturning
the ban on his book. |
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Kate and Gerry McCann arrive
to the court house in Lisbon
on June 16, 2014 for the
closing arguments of the
McCann couple's libel
proceedings against former
inspector Goncalo Amaral.
Source: AFP |
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The McCanns quickly lodged an appeal
with Portugal's Supreme Court, which was
rejected this year in February.
The 76-page ruling by the Supreme Court
stated that no one should infer guilt or
innocence on the McCanns based on their
judgement.
"It should not be said that the
appellants [McCanns] were cleared via
the ruling announcing the archiving of
the criminal case," according to public
court documents.
"In truth, that ruling was not made in
virtue of Portugal's Public Prosecution
Service having acquired the conviction
that the appellants hadn't committed a
crime.
"The archiving of the case was
determined by the fact that public
prosecutors hadn't managed to obtain
sufficient evidence of the practice of
crimes by the appellants."
Amaral has reportedly authored a second,
yet-to-published, book about Madeleine's
disappearance.
The McCanns are believed to have one
final avenue to challenge today's
decision – by lodging an appeal with the
European Court of Human Rights. |
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