The McCanns partially won their libel
action against the author and former
lead detective Goncalo Amaral, but the
matter is far from over.
Amaral intends to appeal. In his first
comment on the verdict he said today: “I
find that the court’s decision is unfair
and questions my right and every
Portuguese citizen's right to freedom of
expression and of opinion. For that
reason, I do not resign myself to the
decision and I will appeal it until the
very last judicial instance.”
Apart from Amaral’s assertion on the
“unfairness” of the court’s decision,
there were two remarkable features about
the verdict and the way in which it was
announced that got little or no mention
in the mainstream media coverage.
The first unusual aspect was the huge
sum awarded. It may be normal in the UK,
but not here. Amaral was ordered to pay
the parents of Madeleine McCann half a
million euros in damages, plus interest,
currently calculated at €106,000 and
rising.
Kate and Gerry McCann had sought a total
of €1.2 million. In addition to €250,000
each, they claimed €500,000 for
Madeleine and €100,000 for each of their
twins. The judge ruled against the
claims on behalf of the children.
The McCanns successfully claimed that
Amaral’s book, Maddie,
the Truth of
the Lie, caused them great personal
distress. The judge did not agree,
however, that the book had hindered the
search for Madeleine or had caused
damages to the twins.
Should Amaral on appeal get the verdict
overturned, or the compensation figure
greatly reduced, the McCanns may lodge a
counter appeal. The deadline for appeals
is 40 days. The legal battle that has
been going on for more than five years
looks like continuing for some time yet.
A defiant Amaral supporter noted that,
“a decision from a Portuguese court can
only be enforced after all appeals are
exhausted. No money will change hands
until a final decision is reached by the
very last appeals court.” With this in
mind, other well-wishers are being urged
to make donations to a
Goncalo Amaral defence fund.
The second oddity was the way in which
the announcement of the verdict was
handled. The judge’s ruling was not read
out in court. It was contained in a
52-page report, which was received by
the McCann’s Lisbon lawyer Isabel Duarte
who swiftly passed it on to media
organisations in Portugal and abroad.
Soon after the news appeared on media
websites, Kate and Gerry McCann said
they were “delighted” with the outcome.
In a statement issued by their spokesman
Clarence Mitchell, they said the case
had never been about money. “It was
entirely focused on the effect of the
libels on our other children and the
damage that was done to the search for
Madeleine.”
When contacted by journalists the same
day, Goncalo Amaral chose not to comment
because neither he nor his lawyer,
Miguel Cruz Rodrigues, had received a
copy of the ruling. They only received
it the following day, by which time to
many in the mainstream media it was old
news. |