The following quotes come from notes taken
in loco [on spot] at the 7th Civil Court, at Palace
of Justice in Lisbon, on the day when the closing
arguments were presented by the defence lawyers of the
four entities targeted in this case and by the McCanns
layer. The order of publication of the said quotes
follows the order in which they were presented in court,
firstly Dr. Antonio Cabrita for Dr. Gonçalo Amaral’s
defence, after Drª. Fátima de Oliveira Esteves on behalf
of the Book publisher's Guerra and Paz, then Dr. Miguel
Coroadinho for the Portuguese television channel TVI and
finally Dr. Henrique Costa Pinto for Valentim de
The final allegations of Drª. Isabel Duarte, the last to
present her arguments were particularly difficult to
note down. From her over-the-top lengthy reasoning and
between reading in full Kate McCann's letter in 2008 to
the second PJ coordinator, Paulo Rebelo, and an opinion
chronicle by Pedro Mexia, we draw attention to the fact
that the McCanns lawyer accused the spectators, bloggers
and media present, as well as the defence lawyers of
being ‘vultures and vampires’. She also accused a PJ
Inspector of being a ‘liar’, and did not refrain herself
from trying to ridicule Dr. Gonçalo Amaral. The
allegations made by this lawyer were already divulged by
her own voice, in several interviews given to multiple
TV channels as well as in the form of a press release
not seeming to us necessary, therefore, to repeat them
Quotes from the final
Dr. Antonio Cabrita,
Gonçalo Amaral’s defence lawyer
It is unhealthy the
McCanns obsession about the child being alive, the
refusal to admit that she may be dead.
The withdrawal of the book and DVD embody this
What should worry us is the court decision to forbid
debate about the situation, of commenting or of giving
opinions. Everyone, everywhere comments on everything,
that cannot be stopped. The discussion of an archived
case cannot be forbidden.
This matter is too serious to be treated lightly. You
cannot forbid like in other times (reference books
burned in the University of Berlin).
Why attack this book?
Other books were written on the case, for example “The
McCanns' Guilt” or “Maddie 129”. Despite the first
having on its cover, the word “guilt”, it was not
attacked. Why? Why this book? Why Gonçalo Amaral?
Why ask for the seizure and destruction of the book
after more than a year? At a time when it was being
negotiated the translation and publication of this book
Maybe because what is said in this book is dangerously
close to that is the truth. Perhaps because Gonçalo
Amaral is a renowned investigator, and has knowledge of
Antonio Cabrita regrets the subservience of the
Portuguese: who do not even interpret, but accept the
interpretation of others.
The whole process is ‘sick’ of provincialism, of
It is enough to read the book to understand that what is
in here is the story of an investigation, and no one can
The archiving dispatch says, at page 4647, that “it was
not achieved any evidence to formulate any
hypothesis...nor to state ... alive or dead, as seems
The book says nothing but: 'it is likely that ...'.
But what offends the McCanns is the archival dispatch,
which says “Considering the statements… contradictions
... reconstitution… following very important information
... Jane Tanner’s proximity in relation to Gerry McCann
and Jeremy Wilkins when she saw someone, carrying the
child ... the situation relative to the open window, the
movement of the curtains ... required a
reconstruction…the fact that it is very difficult to
assemble the conditions for entering the apartment ...
the fact that the denials ( or lack of solidarity from
the friends) to do the reconstruction were not justified
... This prevented the investigation.”
The McCanns said they were watching the apartment every
half hour, but on May 1st, the children cried for over
Kate left the twins alone in the apartment to go alert
the friends, the twins never woke nor moved in the midst
of the turmoil.
The distance and lack of visibility of the apartment
from the restaurant.
It can be concluded that if she disappeared, and if in
fact, it was not possible to find her, then it was not
as they told.
Is there offense in the book?
Or at the archival dispatch?
Curiously, the dispatch was omitted in the request for
It is the McCanns perverse understanding that since the
archival no one can say anything that contradicts their
thesis. It is not so in a democracy. Especially, when
you tell stories that rely entirely on the facts of an
I am ashamed to be Portuguese.
On June 1, 2007, a British detective interpreted Gerry
McCann’s testimony about the way his daughter was
sleeping ... as a commitment to convey a positive image.
Antonio Cabrita refers to and reads the «extremely
confidential» report by Lee Rainbow from the «National
Policy Investigation Agency» which recommends an
investigation to the couple because of contradictions in
their statements, “the family is a lead that should be
explored” and considers that “one should investigate not
only the kidnapping but as well the death of the child”.
To obtain a decision of censorship, based on
assumptions, facts were omitted from the injunction.
That is why the DVD [containing the investigation case
files] was shockingly omitted.
It was always given to the press the idea that Gonçalo
Amaral accused the couple of killing their daughter.
However, the book does not accuse the McCanns of killing
their daughter. It alleges simulation of abduction
without mentioning by whom, and only suspicion of
concealment of a cadaver.
The book is the story of an investigation, written by
whom is endorsed to write it.
If the McCanns were constituted as arguidos it is
because there were suspicions against them.
Gonçalo Amaral treated the couple with kindness; the
British police was tougher with them.
Antonio Cabrita speaks of the invasion of tourism in the
Algarve, a land of fishermen and makes an analogy. Any
tourist is treated as English, even if it is German,
etc.. He then tells a story about a yacht owner who put
his head out the porthole and made a fisherman say “what
do you do at 6 am with a yacht around your neck”.
The accusation of violation of the secrecy of justice
(because of the delivery of the manuscript to the
publisher) acknowledges after all that what is in the
book is what is in the process.
On July 21, 2008, it was announced in the press that the
case would be filed.
The book was launched on July, 24. From September 2007
there was no longer secrecy of justice with the
amendments made to the Criminal Procedure Code, Article
86, paragraph 6.
It was not the PJ or Gonçalo Amaral who called the media
to publicize the disappearance of the child, it was the
Since the archival dispatch, there is no longer secrecy
So the media could reproduce the case files and Gonçalo
Regarding the profits of Gonçalo Amaral with the book,
it is a recurrent argument.
It is alleged that Gonçalo Amaral made abyssal profits,
and that he wrote the book to pay off his debts.
Did anyone come here to work for free? Profit is a
normal thing, where is the harm?
What is a shame is the fund that is supposed to help
Citizens who have contributed to the fund have been
They are curtailing Gonçalo Amaral financial
possibilities, to make impossible his defence.
“I refuse to be subservient.”
He says that as a Portuguese citizen he feels ashamed.
The couple never thanked the efforts of the PJ and the
population of Praia da Luz.
They just came to do their reconstruction.
He ends by asking the judge to return his pride of being
Gonçalo Amaral’s freedom of expression was limited by
those who should thank him.
Quotes from Drª. Fátima de Oliveira Esteves,
defence lawyer for Guerra e Paz [War and Peace],
Their action is
belated, the McCanns seems to have waited to see if the
book would sell or not, and if there was an English
The McCanns used the Portuguese courts to prevent the
divulging of the book.
They made an abusive misuse of the court's decision,
with the French authorities, and German (Amazon), in an
attempt to close sites (mentions
Carter Ruck letter sent to pamalam’s site and the
English version of the book that is on the Web).
The injunction was initially rejected for lack of legal
basis, and continues to have no foundation.
The parents are the ones who are responsible for the
moral and physical integrity of Madeleine, not Gonçalo
Amaral, Guerra & Paz, TVI nor Valentim de Carvalho
So much interest the parents have, that they have
reported nothing to the process regarding the sightings.
They alone have used the media; the media have been
abused and manipulated by the couple, which works only
for the media aspect of the case.
When there is no reason, you shoot in all directions,
referring to the McCanns lawyer.
The injunction does not have justification; the book
adds nothing and does not alter the facts of the
Other books were published and nothing was done against
them. Guerra & Paz published the book 'The McCanns'
Guilt', only the title could have produced problems but
the McCanns did nothing.
The publication of this book is comprised in the freedom
of the press.
The book by Gonçalo Amaral contains an opinion based on
an investigation. There is persecution in parallel
proceedings against Gonçalo Amaral.
This is a case of purely personal persecution; the
couple publicly denigrated the good name of Gonçalo
She ends asking the lifting of the injunction, with all
the consequences arising therefrom.
Quotes from the closing arguments of TVI's defence
lawyer, Dr. Miguel Coroadinha
The case continues to
exist, information continues to come in - but none from
the couple, despite them telling the media that their
private investigation continues to gather information.
The couple does not inform the PJ of anything, they do
not ask for the reopening of the investigation. They
merely manage the information in the media.
TVI tried to acquire the rights to broadcast Channel
Four's documentary, in order to display both sides of
the case. That did not happen because the couple stopped
the transmission by TVI. The film was eventually
broadcast by SIC.
TV ratings are important, but they are not everything.
Obviously, companies have profits as an objective, but
TVI intended to shed some light on this issue, in depth.
The behaviour of the couple is very different from TVI.
The applicants [McCann couple] subjected themselves to,
encouraged, benefited and even influenced the media
circus surrounding this case. And the police
investigation turned out to be constrained by those same
Everything is released by the couple to the media, but
nothing is sent to the process. Even the lunch hour was
used to give a ‘show’, and to publicize another action
against TVI. The applicants make a planned media
management, but nothing is investigated.
The McCanns want the media to reproduce only what they
want to see debated, and they do not want to it to
exceed a certain threshold.
He concluded appealing for the personal rights of the
applicants to not prevail over freedom of expression.
Quotes from the final allegations of Dr. Henrique
Costa Pinto, representative of Valentim de Carvalho
strangely, are more concerned with preventing the
production of evidence.
The contradictions and evidence led the investigators to
consider the thesis of death above the abduction one.
An archival dispatch does not innocent anyone, that
happens at the proper place, in court.
The dispatch refers the lack of cooperation, and he
refers the process at pages 4638, “the arguidos lost the
chance to prove their innocence”.
The proof in this case was not done; it is only general
considerations and value judgments. Where is the
offense? Where is a concrete violation of the personal
rights of the applicants?
There is nothing. There are no facts of concrete
violation in the book or in the video.
It is not possible that the documentary offends any
right of personality of the McCanns.
Nothing was pointed out, in concrete as being false,
mainly in the text of the main action.
The documentary and book are distributed worldwide. If
someone divulges Gonçalo Amaral’s thesis, it is the
McCanns through their media approach to the case.
This media festival is forced on us by the applicants.
He concludes with an appeal for the injunction to be
original in Portuguese here:
Providência Cautelar dos McCann: Citações dos Advogados