The purpose of
this site is for information and a record of Gerry McCann's Blog
Archives. As most people will appreciate GM deleted all past blogs
from the official website. Hopefully this Archive will be helpful to
anyone who is interested in Justice for Madeleine Beth McCann. Many
Thanks, Pamalam
Note: This site does not belong to the McCanns. It belongs to Pamalam. If
you wish to contact the McCanns directly, please use
the contact/email details
campaign@findmadeleine.com
António Cabrita, Gonçalo Amaral's lawyer, was due to present opposition to the temporary
injunction - granted on the 9th of September 2009 - which prohibited the sale and distribution of Gonçalo Amaral's
book, ''The Truth About The Lie', and prevented him from speaking or discussing his thesis publicly.
The McCanns arrived for the first day of the hearing but it was curtailed due to the illness of António Cabrita.
The McCanns then returned to Praia da Luz for the first time together, since they left on the 9th of September 2007, although
they do not visit the apartment from which they claim Madeleine was abducted.
McCann couple to attend Amaral's trial, 01 December 2009
The McCann Couple should be in Lisbon, on the 11th of December, when the
complaint against the former Judiciary Police Inspector will start to be tried.
The Lisbon Civil Court will
begin to judge, on the 11th, the interlocutory proceedings brought by the McCann family against the former PJ inspector, Gonçalo
Amaral. The process further involves a book publisher, a TV channel and a media production company.
Kate and Gerry
McCann should attend the first day of trial, given that they are committed to continue the search for their daughter Madeleine,
who disappeared on the 3rd of May 2007, from the room where she slept in the Ocean Club in Praia da Luz (Lagos). A presence
that is not confirmed by the Portuguese lawyer, Isabel Duarte, but by sources close to the couple who affirm their presence
as certain.
The basis of the trial is the interlocutory injunction, brought in May by the McCanns and on behalf
of their three children, Sean, Amelie and Madeleine, which intended to remove from the market the book "The Truth about
the Lie" and the documentary based on the same book. In addition, they seek to put an end to the sale of the copyright
abroad - by the publishing company Guerra e Paz - and also to prohibit the now retired Judiciary policeman from speaking publicly
about his thesis of the case.
Justifying their temporary injunction with the fact that they wish to "guard
themselves against future injuries of their rights, or the worsening of those already verified", the McCanns allege that
the divulgation of the book and the DVD "deepens (their) suffering" and "harms the search for Madeleine".
The allegations made by the McCanns led a judge of the 13th Civil Court of Lisbon, in September, to decree the banning
of the book and DVD sales, as well as to prohibit Gonçalo Amaral from making any comments, written or verbal, that
defend the thesis of Madeleine's death or the concealment of her body by the parents.
Opposing the interlocutory
proceedings, Gonçalo Amaral's lawyer asks for its revocation, arguing that "the prohibition is based on facts
that are not truthful" and that "were deliberately misrepresented in order to achieve the desired interlocutory
measure".
According to António Cabrita, the former PJ Inspector "does not defend the thesis"
of Maddie's death nor the concealment of her cadaver by her parents. "In no excerpt or passage of the book does Gonçalo
Amaral attribute to Kate or Gerry McCann, or to anyone else, the homicide and the concealment of the cadaver of their daughter
Madeleine", nor "in any of the interviews given by him does he ever emphasize that Maddie's parents killed her
or concealed her body". The lawyer said that the thesis put forward in the book "does not affect the image or the
good name of the McCanns, let alone treat them in a way that could be considered degrading, cruel or inhumane". He also
said that Amaral has only commented on the results of the investigation already divulged through the CD made by the Prosecutor's
Office in Portimão.
Amaral seeks legal aid support and states he has no assets Jornal de Notícias
by Alexandra Serôdio 01 December 2009 -
00h30m Thanks to Joana Moraisfor translation
Gonçalo Amaral asked for the help of the State in order to be able to defend himself against the case brought by
the McCanns.
Citing economic insufficiency to pay the court costs, the former PJ coordinator saw the Civil Court
of Lisbon preventively seize the earnings made from the sale of the book and of the documentary through a sole-proprietorship
company in his name, as a way to ensure that there will be money to pay any compensation, whose pertinence can only be examined through
the main action.
In the aid application document, dated 24 September, Amaral declared an annual net income of 39
thousand Euros, with a household of four people: himself, his wife and two little girls, of 11 and five-years-old. He also
states that he does not own any real estate property.
According to a document from the Land Registry Office of
Olhão, dated 21 September, to which the JN had access, Amaral, 'owns' a
single-family house consisting of two floors, two terraces and a swimming pool, which is valued at more than 200 thousand
euros.
The sole-proprietorship company in Amaral's name, created for the marketing of the book, has a car registered,
of the Jaguar brand. The registration of that property was made in May, this year.
Police chief faces libel trial in Madeleine case, 02 December 2009
Police chief faces libel trial in Madeleine case Daily Express
By Nick Fagge Wednesday December
2 2009
KATE and Gerry McCann will come face to face in a courtroom with the Portuguese policeman
who accused them of being involved in the disappearance of their daughter Madeleine.
The couple will confront the
discredited former police chief Goncalo Amaral at a libel hearing next week where he will be accused of peddling distressing
lies about them.
Mr Amaral was in charge of the botched investigation into the disappearance of Madeleine from
the McCanns' family apartment in Praia da Luz, Portugal, in May 2007.
He was instrumental in naming Kate and
Gerry as official suspects in the official investigation into what happened to their daughter. And he published a book and
a TV documentary claiming Madeleine was dead, entitled The Truth Of The Lie.
The McCanns will confront the
former detective when he appears in court in Lisbon on December 11 to answer charges that he lied.
Their spokesman
Clarence Mitchell said last night: "Kate and Gerry are planning to be at the opening of the trial. They think it is important
to be there for the beginning."
Portugal's attorney general officially cleared the McCanns as suspects.
'Maddie lie' cop to face McCanns in court fight The Sun
By ANTONELLA LAZZERI Published: Today (02 December 2009)
KATE and Gerry McCann are to fly to Portugal to face in court the man who claims they lied about their daughter
Maddie's disappearance.
The couple have filed a £1million libel suit against ex-cop Goncalo
Amaral, who wrote a book claiming the three-year-old died in an accident at their holiday flat in May 2007. He
alleged the little girl's parents then disposed of her body in Praia da Luz, Portugal.
The McCanns, both
41, won a court battle to ban Amaral's bestseller The Truth Of The Lie earlier this year.
Now they are preparing
to return to Portugal for the start of the trial in Lisbon's High Court on December 11.
It will be only the
second time since Maddie vanished that Kate, of Rothley, Leics, has returned to the country.
A source close to
the pair said: "They want to face him. They may have to give evidence against him but they don't know yet."
The McCanns' spokesman Clarence Mitchell added: "It's their court case and they feel they should be there."
Amaral, 49, was the police chief in charge of the investigation into the little girl's abduction.
But
he was sacked after several months in the job for publicly criticising the British police.
The book has earned
him hundreds of thousands of pounds and he also made a TV documentary based on the work.
He retired from the Portuguese
police earlier this year.
Power is something that contains
us and transforms us into free persons or mere lackeys, according to our ability to say no or the interest we have in kneeling
down. To say that a former policeman cannot write or speak about cases or about the activity that he exercised for years,
out of respect for ethics and due behaviour, is to limit that citizen's rights.
It is identical to saying that
a politician cannot write or speak about politics, and, widening the scope, a medic, a lawyer or a journalist would be equally
limited by an obscure ethical and behavioural code. That is to say, none of these social classes could express technical and
based opinions. We would be in the midst of stupidity and of lackeys. But life and individual rights are not what vassals
desire.
We have the right, and mainly the duty, within the exercise of responsible freedom of expression, to speak
and to write about anything, even if knowledge that was acquired within the scope of a professional activity is at issue.
We do not enter speculation, we write and we will continue, within the use of our freedom of expression, no matter how much
it hurts the powerful or their lackeys. Values like the discovery of truth and the performance of justice must continue to
shape modern and democratic societies.
Madeleine: Trial over prohibition to sell Gonçalo Amaral's book starts on the
11th of December, 05 December 2009
Madeleine: Trial over prohibition to sell Gonçalo Amaral’s book starts on the 11th
of December Lusa
Lisboa, 05 Dec (Lusa) – On the 11th of December, the Civil Court of Lisbon starts the
trial over the injunction that forbids the sale of the book "Maddie – The Truth About the Lie", about the
disappearance of the child in 2007, written by Gonçalo Amaral.
During the sessions scheduled for the 11th,
the 14th and the 16th of December, at the 7th Section of the Civil Court of Lisbon, the former Polícia Judiciária
inspector's defence will present its opposition to the argumentation of the McCann family, that was the basis for the
temporary injunction that was granted on the 9th of September.
Kate and Gerry McCann, represented by lawyer Isabel
Duarte, allege that the book and the video that was based on it, divulge Gonçalo Amaral's thesis, which they consider
unsustainable, of Maddie's parents' involvement in her disappearance.
McCanns will be at Gonçalo Amaral's book trial, 07 December 2009
McCanns will be at Gonçalo Amaral's book trial Expresso/Lusa
Isabel Duarte
The McCann couple will be present next Friday, in Lisbon, at the beginning
of the trial regarding the prohibition of the sale of the book "Maddie, The Truth of The Lie".
Kate and Gerry McCann will be
attending on Friday, in Lisbon, at the beginning of the trial of the injunction prohibiting the sale of the book "Maddie
- The Truth of The Lie", by Gonçalo Amaral, a source close to the family said today to Lusa .
On the
sessions of the 11th, 14th and 16th of December, in the 7th Civil Court of Lisbon, at the Palace of Justice, the former Judiciary
Police Inspector Gonçalo Amaral's defense will present opposition to the arguments made by the McCanns which founded
the temporary injunction proceedings decreed on the 9th of September.
Kate and Gerry McCann, represented by the
attorney Isabel Duarte, argue that the book and video are based on the job of disseminating Gonçalo Amaral's
thesis, considered by them unsustainable, of the parental involvement in Maddie's disappearance.
So they
asked the court to withdraw from the market, albeit provisionally, the book and the video produced after the documentary was
broadcast by TVI.
The process, in addition to targeting the former PJ officer, is also aimed at the book publishing
house "Guerra e Paz", the production company Valentim de Carvalho and TVI, for the dissemination of Gonçalo
Amaral's thesis; this is also attached to the main action, where the McCann family claims for protection of rights, freedoms
and guarantees.
The parents of the English child, who disappeared on the 3rd of May 2007 from an apartment bedroom
in a tourist resort in Praia da Luz, Algarve, have another action against Gonçalo Amaral, where they accuse him of
statements deemed libellous, for which they claim 1.2 million euros.
Lawyer speaks
about "offensive remarks"
According to the family's English lawyer, Ed Smethurst,
Madeleine McCann's parents argue that Gonçalo Amaral produced "continuously and offensive" statements
in Portugal and abroad about the child's disappearance.
In the scope of the process, a preventive order to
seize goods was asked, yet unmet and awaiting the completion of diligences.
Gonçalo Amaral is accused by
the McCanns of having profited from "obscene amounts of money by selling that theory through his book and in interviews"
and to have harmed "donations, new leads, investigation, information and witnesses" about the child's disappearance.
Suspicions fall on parents
The book "Maddie, The Truth
of The Lie", the same title of the documentary aired by TVI, was published in 2008 and casts the suspicion that the parents
of the English child, who was on holiday with her parents and siblings in Praia da Luz, could have participated in the concealment
of the corpse.
With the status of Coordinator of the Criminal Investigation Department of the PJ of Portimão,
Gonçalo Amaral joined the team of investigators who tried to find out what happened to Madeleine.
After
the constitution of Robert Murat as an arguido, Gerry and Kate McCann, who always maintained the position that Maddie was
abducted, were made defendants in September 2007.
But like the Anglo-Portuguese citizen, the English couple were
acquitted in July 2008 due to the lack of evidence to support the hypothesis advanced by the investigation to the accidental
death of the girl.
The Public Ministry ended up archiving the process, which can always be reopened if new data
considered to be consistent emerges.
Madeleine's Parents Launch Libel Case, 09 December 2009
Mark Langford, Sky News Online 8:38pm UK, Wednesday December 09, 2009
The parents of Madeleine McCann are to travel to Portugal for the start of a libel action against former police chief
Goncalo Amaral, who made claims about them in a book on their daughter's disapearance.
Gerry and Kate McCann are suing Goncalo Amaral
The couple plan to attend the opening of the trial in Lisbon on Friday, their spokesman
Clarence Mitchell said.
"They only intend to appear at the opening and I would expect that they will return
to the UK fairly swiftly," he said.
Madeleine was nearly four when she went missing from her family's
holiday apartment in Praia da Luz in Portugal on May 3 2007 while her parents dined with friends nearby.
Despite
a massive police investigation and huge publicity worldwide, she has not been found.
Mr Amaral was involved in
the initial investigation to find Madeleine but was later taken off the case.
In his book, The Truth Of The Lie,
he claimed Madeleine was dead and questioned the McCanns' account that she was taken while they were eating with friends.
In September a Portuguese judge granted an injunction banning further sale or publication of the book.
It
also banned Mr Amaral from repeating his claims about Madeleine or her parents.
The injunction came after a year-long
campaign by the McCanns' lawyers to prevent the publication of the book and a subsequent DVD.
Speaking after
it was granted, Gerry McCann said false allegations had done immense damage to the search for their daughter because Portuguese
people would be dissuaded from coming forward with information.
At the time he said: "There's a lot of
people in Portugal, who might have evidence, that believe Madeleine is dead.
"If people believe that, they
won't search for her and they won't come forward with information."
At one point Portuguese police
made Gerry and Kate McCann, from Rothley, Leicestershire, arguidos, or formal suspects, in their daughter's disappearance.
They were questioned by detectives but their arguido status was later lifted and since then they have continued to
campaign to find their daughter.
Kate and Gerry McCann will launch their libel action against former police chief Goncalo Amaral in Lisbon
on Friday.
They want a permanent ban on his book The Truth of the Lie, in which he challenged
their version of events the night their daughter Madeleine vanished in May, 2007.
And they
want around a million pounds in damages, money they say will go to the Madeleine Fund to support the continuing search for
her.
I'm not expecting them to give evidence at the opening of a hearing that may drag
on for several months.
In September, the McCanns got a temporary ban on the book, which they
claim is hampering public support for the search.
Mr Amaral had many of his assets frozen
and thousands of unsold copies of the book were returned to the McCann lawyers.
It sounds
like a potentially explosive courtroom confrontation, but I understand Mr Amaral may not even be there.
Rumours on the ground suggest he may be across the city launching a new book.
Kate
and Gerry McCann to fly to Portugal for trial against former police officer involved in search for Madeleine Daily Mail
By DAILY MAIL REPORTER Last updated at 8:15 PM on 09th December 2009
Madeleine McCann's parents will fly to Portugal tomorrow for the start of a libel trial against former Portuguese
policeman Goncalo Amaral.
Kate and Gerry McCann are planning to attend the opening of the trial in Lisbon on Friday.
Their spokesman, Clarence Mitchell, said: 'I can confirm that Kate and Gerry McCann will be travelling to Portugal
on Thursday to attend the opening of the defamation case against Goncalo Amaral in Lisbon on Friday morning.
'They
only intend to appear at the opening and I would expect that they will return to the UK fairly swiftly.'
Madeleine
was nearly four when she went missing from her family's holiday apartment in Praia da Luz in Portugal on May 3, 2007,
while her parents dined with friends nearby.
Despite a massive police investigation and huge publicity worldwide,
Madeleine would now be aged six, has not been found.
Mr Amaral was involved in the initial investigation to find
Madeleine but was later taken off the case.
In his book, The Truth Of The Lie, he claimed Madeleine was dead and
questioned the McCanns' account that she was taken while they were eating with friends.
In September a Portuguese
judge granted an injunction banning further sale or publication of the book.
It also banned Mr Amaral from repeating
his claims about Madeleine or her parents.
The injunction came after a year-long campaign by the McCanns' lawyers
to prevent the publication of the book and a subsequent DVD.
Speaking after it was granted, Gerry McCann said false
allegations had done immense damage to the search for their daughter because Portuguese people would be dissuaded from coming
forward with information.
At the time he said: 'There's a lot of people in Portugal, who might have evidence,
that believe Madeleine is dead.
'If people believe that, they won't search for her and they won't come
forward with information.
'I know for a fact people have been told Madeleine is dead. There is no evidence
to support that and that is unforgivable.'
At one point Portuguese police made Mr and Mrs McCann, from Rothley,
Leicester, 'arguidos', or formal suspects, in their daughter's disappearance.
They were questioned
by detectives but their status was later lifted. Since then they have continued to campaign to find their daughter.
'McCanns trip to Lisbon is a form of pressure', 10 December 2009
Interview broadcast: 10 December 2009 Thanks
to Joana Morais for transcript/translation
Transcript/Translation
Gonçalo Amaral: The
audience tomorrow may not happen.
Sandra Felgueiras [Voice Over]: It was Gonçalo Amaral who unraveled
the veil on the news. The quarantine of his lawyer may lead the court to postpone the witnesses hearing requested by the former
inspector to bring back to the market the banned book about which he writes now.
[Inset of the new book's
cover – 'The English Gag - The Story of a Forbidden book’]
SF: To publish this book, exactly
tomorrow, can't it be seen as a provocation?
GA: The book was not written now, I wrote it in September,
10 or 12 days after I was notified of the temporary injunction. When the book launching date was set, no one knew that tomorrow
would take place a session in the scope of an opposition.
SF: How do you see the McCanns trip to Lisbon
to be tomorrow present at the audience?
GA: I understand it as a form of pressure over the witnesses who
are going to be heard. Additionally, as a form of pressure on the court itself.
SF [Voice Over]: With the
absence of Gonçalo Amaral's lawyer tomorrow at the court hearing, the arrival of the McCanns today in Lisbon may
be in vain. Nevertheless, even if it is postponed the mission of the civil court of Lisbon will always be to decide if the
banning of this book [inset of the book 'Maddie, The Truth of the Lie'] is definite or not. For the McCanns, Gonçalo
Amaral only published the book for financial reasons, which translates in the opening of a society to allegedly avoid
paying 500 thousand Euros of old debts.
GA: (... - voice cut ) I imagine so. There are debts and we are
going to pay them with our patrimony, there is no doubt on that. However, I will never pay anything to the McCann couple.
That is for sure. The procession is just beginning, between a lot will happen. We have no doubts that we will demand and ask
for an award of damages for what we have suffered, my family and I.
SF: Which results do you expect from
the hearings that will end next week?
GA: I believe, and according to other jurists, that the book should
be already in the market, since the interlocutory restraining injunction to the companies, like Guerra e Paz 'was dropped,
because 30 days after that injunction was made there was no action. There is only an action against myself.
SF
[Voice Over]: Confident in a favourable decision Gonçalo Amaral adds that after tomorrow the thesis that Maddie did
die will be divulged, not by him for the reason that he is prohibited, but by many other voices.
GA: The
witnesses that will now be heard are police officers who worked in the investigation, they are criminal investigator officers,
and have the obligation to speak the truth.
"The English Gag - The story of a forbidden book"
SF: And to speak the truth means to talk about the thesis that Gonçalo Amaral is now forbidden
to talk about?
GA: To speak the truth it is something very simple. There is a book and there is a case
file, there is a book that describes an investigation, and there is an investigation that is on that case file. Now, are there
any differences? There are none. What is in the book is on the process.
SF [Voice Over]: And in the 'English
Gag' as the new book is named, Gonçalo Amaral is indignated at a censorship, one that we only have memory from
before the 25 of April [Carnation Revolution, 25th April 1974].
Influenza A may postpone the McCann hearing, 11 December 2009
Gonçalo Amaral's lawyer is in quarantine and has already notified the court. The McCanns arrived in Portugal
yesterday.
Kate and Gerry McCann arriving yesterday, Thursday, in Lisbon
Gonçalo Amaral's lawyer is
in quarantine at home, after learning that an employee of his office has influenza A. António Cabrita has requested
the postponement of the trial of the book "The Truth About The Lie."
The first session of the trial
process against the book by the former coordinator of the Judicial Police, is scheduled for 9:30 pm today, at the 7th Circuit
Court Civil Court of Lisbon, in the Courthouse. The prevention of Gonçalo Amaral's lawyer can dictate the postponement
of the trial, which would then be likely to occur in about 21 days.
The quarantine state of António
Cabrita was known at the end of yesterday afternoon, a time when Kate and Gerry McCann were already on the plane to Lisbon.
The couple, who arrived at the Portela Airport shortly after 23:00, were still unaware of the possible postponement of the
session.
Confirmation will only be given today by the judge who will judge the case. It will be the judge's
decision whether to postpone, or not, the start of the hearing and set a new date. Anyway, the seven witnesses called by Gonçalo
Amaral and called for today's session are to appear in the Courthouse. The prosecutor of Portimão, Magalhães
e Menezes, who signed the order to close the investigation into the disappearance of Madeleine, Luis Neves, Director of the
National Counter-Terrorism who helped coordinate investigations and Guilhermino Encarnação, the former director
of the PJ of Faro, are some of the witnesses for Amaral.
The trial process also involves the publishers Guerra &
Paz, who edited the book "The Truth About The Lie", a media company that produced a video and a TV channel that
aired a documentary.
The evaluation is based on the application for interim relief brought on by the McCanns in
May on behalf of their three children, Sean, Amelie and Madeleine, in order to withdraw the book of Gonçalo Amaral
and the documentary based on the same work. And to stop the sale of copyright abroad by publishers Guerra & Paz and
also prohibit the former policeman from continuing to speak publicly about his thesis of the case.
"I came
for the trial tomorrow. We're here to ensure that freedom of speech does not allow the truth to be distorted. And
[Gonçalo Amaral] distorted the truth. We're not here because of him. The law will produce justice," said Gerry
McCann on arrival at Lisbon airport.
McCanns In Portugal For Battle With Ex Cop, 11 December 2009
McCanns In Portugal For Battle With Ex Cop Sky News
Martin Brunt 1:53am UK, Friday December
11, 2009
Gerry and Kate McCann flew into Lisbon in determined mood and ready for a court battle with the
ex-police chief who believes their missing daughter Madeleine is dead.
They will ask a judge for a permanent ban
on sales of Goncalo Amaral's book The Truth of The Lie, in which he challenges their version of Madeleine's disappearance.
Mr McCann, 41, told Sky News: "We're here to make sure that freedom of speech doesn't allow the truth
to be distorted.
"We believe the book has damaged the search for Madeleine.
"If people read
it and believe she is dead then they will not keep looking for her and may not come forward with information they may have."
The couple will also ask the judge for around a million pounds in damages which they will use to pay for their own
continuing hunt for their daughter.
Madeleine was nearly four when she vanished without trace from the family's
rented holiday apartment in Praia da Luz on the Algarve coast in May, 2007.
She had been left with her twin siblings
in bed while her parents dined nearby with friends.
The McCanns are sure she was abducted and believe she is still
alive.
Mr Amaral was a senior officer in the investigation but was removed from it before it was abandoned after
15 months.
In his book he asserts that Madeleine died in the apartment and her death was covered up.
The
McCanns won a temporary injunction in September when thousands of unsold copies of the book were handed over to their lawyers.
Mr Amaral will fight their action, claiming he has the right of freedom of speech.
He is also planning
to launch a second book in which he will claim he has been gagged by the McCanns.
The court case is expected to
conclude next week.
McCanns To Wait For Court Fight With Ex-Cop , 11 December 2009
McCanns To Wait For Court Fight With Ex-Cop Sky News
Martin Brunt 2:13pm UK, Friday December 11, 2009
Gerry and
Kate McCann's court battle with an ex-police chief who believes their missing daughter Madeleine is dead has been put
on hold.
The couple were due to ask a Portuguese judge for a
permanent ban on sales of a book by Goncalo Amaral in which he challenges their version of Madeleine's disappearance.
But the court hearing in Lisbon has been postponed for one month because Mr Amaral's lawyer has swine flu.
Before the announcement, Mr McCann told Sky News that he wanted to "make sure that freedom of speech doesn't
allow the truth to be distorted".
"We believe the book has damaged the search for Madeleine," he
said.
"If people read it and believe she is dead then they will not keep looking for her and may not come
forward with information they may have."
The couple are expected to ask the judge for around a million pounds
in damages which they will use to pay for their own continuing hunt for their daughter.
Madeleine was nearly four
when she vanished without trace from the family's rented holiday apartment in Praia da Luz on the Algarve coast in May,
2007.
She had been left with her twin siblings in bed while her parents dined nearby with friends.
The
McCanns are sure she was abducted and believe she is still alive.
Mr Amaral was a senior officer in the investigation
but was removed from it before it was abandoned after 15 months.
In his book, The Truth Of The Lie, Mr Amaral asserts
that Madeleine died in the apartment and her death was covered up.
The McCanns won a temporary injunction in September
when thousands of unsold copies of the book were handed over to their lawyers.
Mr Amaral will fight their action,
claiming he has the right of freedom of speech.
He is also planning to launch a second book in which he will claim
he has been gagged by the McCanns.
Portugal trial of officer in McCann case postponed AFP
(AFP)
– 15:00 Friday
11 December 2009
LISBON — A libel trial against a policeman in Portugal
who claimed missing British girl Madeleine McCann was dead and that her parents could have hidden the corpse opened on Friday
but was immediately postponed.
The case in Lisbon against former Algarve police officer Goncalo Amaral, who led
the early stage of the investigation into Madeleine's disappearance, was adjourned until January 12 due to the absence
of his lawyer.
Madeleine's parents, Kate and Gerry McCann, attended the opening of the case on Friday, which
they brought against Amaral for suggesting their daughter was dead and that they were somehow involved in the disappearance.
He wrote a book, "The Truth of the Lie", about Madeleine's disappearance which contained these allegations.
A Portuguese court issued an injunction in September banning sales of the book and prohibiting Amaral from repeating
his claims in the media.
"Freedom of speech should not include distortion of the truth, lies, fabrication
and slander," said Kate McCann on Friday.
She added the couple were not disappointed about the trial delay
as the injunction was still in force.
Gerry McCann added: "The key thing here is we're here to fight for
our daughter, and if anyone steps over the lines then they should be prepared to defend what they say in court."
Madeleine, who would now be six years old, went missing from a holiday apartment in the Algarve resort of Praia da Luz on
May 3, 2007, as her parents and their friends were eating at a nearby restaurant.
Amaral was in charge of the investigation
into her disappearance when her parents were made official suspects in September 2007.
He was removed from the
case a month later, and Portugese prosecutors announced in July 2008 that the McCanns were no longer suspects.
Despite
huge publicity worldwide and investigations by Portuguese and British police, Madeleine has not been found.
Portuguese
police are no longer investigating the case, but other investigators acting on the couple's behalf are still looking for
the missing girl and appealing to the public for information.
Carnations in December, 11 December 2009
Carnations in December
11 December 2009 Thanks to Joana Morais for translation
'Citizens in Defence of Rights and Freedoms – Project Justice
Gonçalo Amaral'- Demonstration of support for Freedom of Expression and Gonçalo Amaral Civic Rights on the
11th December 2009, video by NC/Justice and Truth/PJGA
Who are the McCanns?, 18 December 2009
Who are the McCanns? Sol (appears
in paper edition only)
By Catalina Pestana 18 December 2009 Thanks to Astro for translation
In times of great promiscuity between the modern State's powers
– legislative, executive and judicial -, once more in Portugal the notion of common sense has been lost in an unbridled
way, and the cloak of Justice has been thrown over it.
The book 'Maddie – The Truth of the Lie',
by Gonçalo Amaral, the former PJ inspector who coordinated the 'Maddie case' investigation, was removed from
the market by a court order, under the pretext of being a crime of defamation against the McCanns.
The author's
assets have been 'frozen' in order to cover an eventual compensation to the 'offended ones'.
Last
Friday, Gonçalo's witnesses were to be heard. For the first time, we were going to hear other PJ agents who investigated
Maddie's disappearance with him. They – according to news reports – were going to testify that their colleague
had only written down what was in the archived process, which was no longer covered by judicial secrecy.
Reading
the book, I had a sense of déjà-vu. One way or another, the reported facts had already reached public opinion
through various forms of communication.
During the 'Estado Novo' [dictatorial period in Portugal], it was
usual for the State to seize assets – books, records and other items – that belonged to those who disagreed with
the epoch's political practises and dared to write it or to say it out loud.
It was more logical: an authoritarian
State that seeks to silence its opposition, regardless of means.
Now, who are the McCanns (or what do the McCanns
know, that someone does not want them to reveal) for some elementary questions that are made by the common citizen, to remain
unanswered?
Such as:
1 – Why was it that on the night of the 3rd of May 2007, when the little
English girl went missing – remember that she was left asleep, alone with her two younger siblings, while her parents
dined with their friends -, the McCanns, already in the company of the PJ, felt the need to be also accompanied by the English
television channels, that arrived the very next morning?
2 – Why was it that they, supposedly feeling ravaged
by the greatest sorrow that can possibly hit a mother and father, yet supported by the authorities and the population of their
own country and of the country where the facts took place, immediately nominated a couple of grotesque figures that are called
press advisors or spokespeople?
3 – Why did British prime minister Gordon Brown, not satisfied with the perfectly
correct gesture of contacting the Portuguese authorities, asking them to give the case special attention, offer his Government
spokesman to take over that function with the McCann couple?
4 – Why have the Portuguese missing children's
processes never earned from the authorities one hundredth of the investment in human and material resources to track them
down?
5 – Why do the members of the Portuguese Parliament have a regimental figure called 'defence of
the bench's honour' at their disposal, while a high-ranking criminal investigation police officer has to request early
retirement to defend his honour, and ends up being criminalised for that gesture?
6 – Why do we continue
to have two models of Justice in Portugal, one for the powerful from anywhere in the world, and another one for common citizens?
Last Friday, Gonçalo Amaral's lawyer became ill and the hearing of his witnesses was adjourned. The McCanns,
curiously, returned to Portugal on that day. In the late afternoon, Gonçalo Amaral presented another book: 'The
English Gag – The Story of a Forbidden Book'.
In the provoking way of those who think they own God, the
McCanns' illustrious lawyer, who spent many years defending freedom of opinion in a weekly newspaper [Expresso], decided
to participate. She took with her a group of English journalists that follow this family's every step and decided to participate
in the book presentation, staging a press conference for Her Majesty's subjects. The circus goes on.
I do not
know Gonçalo Amaral personally, just like I didn't know Murat, the first arguido that was invented to soothe the
spirits.
This story certainly has many chapters left to tell.
Gonçalo Amaral 19 December
2009 - 00h30 Thanks to Astro for translation
Socrates, the philosopher, used
to say: "an indication is an indication; two indications are two indications; three indications is evidence". The
sentence contains a requirement in the evaluation of evidence from indications. A mere indication is not enough; something
more is necessary.
A few days ago, I met a young Portuguese man who was condemned to life in prison by an English
court, based on a single, false indication. The apparent ease with which a foreigner is condemned in the United Kingdom is
in contrast with the Socratic requirements and some archiving of crime processes in Portugal.
The conclusion is
simple: in Portugal, contrary to the United Kingdom, more is required. That is to say, the foreign suspect is feared and if
he is powerful, archiving is always a legal escape and a balm for fearing souls. The abandonment by the Portuguese Government
that said citizen suffered, goes to show the disdain that we are subject to, whenever we collide with the police and judicial
system of a major power.
The Portuguese State's interests do not cover its citizens' defence, leaving them
alone and without support. Without the support that was required, the young Portuguese man managed to prove his innocence
and now fights for compensation over the damages that he suffered due to the time that he spent in a British prison. He remains
without Government support.