Madeleine: McCann couple will be at the trial that prohibits Gonçalo Amaral's book, 09 January 2010

Madeleine: McCann couple will be at the trial that prohibits Gonçalo Amaral's book Visão with Lusa 10:47 Saturday, 09 January 2010 Thanks to Astro for translation Lisbon, 09 Jan (Lusa News Agency) - Kate and Gerry McCann will be present Tuesday, in Lisbon, at the beginning of the trial of the temporary injunction that forbids the sale of the book "Maddie, The Truth of the Lie", by Gonçalo Amaral, a source connected to the English family said today to Lusa. The McCanns return to Portugal to attend the hearing at 7th Civil Court of Lisbon, after having appeared in the Courthouse for the first session of the trial on December 11 that was postponed until January 12 due to the illness of Gonçalo Amaral's lawyer, António Cabrita. The trial, in which the defense of Gonçalo Amaral, former Inspector of the Judiciary Police (PJ), the book author, will present the argumentation in opposition to the McCann family, will continue in the following days, on the 13th and 14th of January, also beginning at 9:30am. Maddie's parents at the trial of Gonçalo Amaral TVI   Kate and Gerry McCann return to Portugal next Tuesday 09-01-2010  11: 24 Thanks to Astro for translation (As above with additional text) In the process, Kate and Gerry McCann, represented by the Lawyer Isabel Duarte, allege that the book "Maddie, The Truth of the Lie" and the video with the same title divulge the thesis of Gonçalo Amaral, considered unsustainable by them, of the involvement of Madeleine's parents in her disappearence. Therefore, they requested to the Court the removal from the market, though provisionally, of the book and the video [DVD] produced after the documentary was broadcast by TVI. In this process, besides the former PJ inspector there were also targeted the publishing house 'Guerra & Paz', the producer Valentim de Carvalho and TVI, attached to the main action, in which the McCann family claimed the protection of rights, freedoms and guarantees. The parents of the English child who disappeared on May 3, 2007 from the bedroom of a tourist resort in Praia da Luz, Algarve, presented another action against Gonçalo Amaral, with the accusation of defamatory statements; in which they claim damages of at least 1.2 million euros. In the scope of the claim, a provisional measure of seizure of assets was requested, which was partially implemented, and is waiting for the completion of the due dilligence for its conclusion.

McCann couple demand books be completely destroyed, 10 January 2010

McCann couple demand books be completely destroyed Diário de Notícias Maddie's parents return to Portugal for lawsuit against Gonçalo Amaral By Nuno Miguel Maia 10 January 2010 00h00m Thanks to Astro for translation McCanns return to Portugal this week The McCann couple request Portuguese Justice to order the destruction of all copies of the book and the movie that were authored by Gonçalo Amaral, the former PJ coordinator who defends the thesis of Madeleine's death. The parents return to Portugal this week. Kate and Gerry McCann will be present the day after tomorrow, at the start of the rial over the injunction that forbids the sale of "Maddie – The Truth of the Lie", at the Civil Court of Lisbon. Gonçalo Amaral and the editor oppose the continuation of the order that removed the book and the documentary, that defend the thesis of the little English girl's death and the involvement of her parents in concealing her cadaver, from the market. This injunction is linked to a main lawsuit in which the McCann couple makes several requests. The main ones include the full destruction of all copies of the book and of the DVD documentary that still exist in warehouses, as well as the prohibition to cede author's rights or divulgation rights into other countries or on the internet. If they win the action, the parents of the child that disappeared in Praia da Luz, Lagos, on the 3rd of May 2007, further demand the publication of the final decision in national newspapers, on two consecutive days, in a way to, albeit partially, reconstitute their image. As well as the prohibition to divulge the thesis of the little girl's death, the couple asks Gonçalo Amaral and the other defendants in the lawsuit to be condemned to pay 100 thousand euros for every action that goes against the judicial decision. 1.2 million euros In another lawsuit, Gonçalo Amaral is demanded to pay a compensation of 1.2 million euros. It was under this action that the seizing of all of the former PJ coordinator's assets was ordered. Gonçalo Amaral has summoned PJ colleagues that took part in the investigation as witnesses, including Luís Neves, the national director of the heavy crime unit. Even the Public Ministry prosecutor who archived the process, Magalhães Meneses, was summoned as a witness. This magistrate, together with joint general prosecutor Melchior Gomes, have lamented the English people's refusal to participate in a reconstruction of the facts. In this way, the McCanns did not manage to "prove their innocence".

McCanns back in Portugal for trial, 11 January 2010

McCanns back in Portugal for trial The Press Association (UKPA) 11 January 2010 05:00AM Kate and Gerry McCann are returning to Portugal for the libel trial of the former Portuguese detective who headed the investigation into their daughter Madeleine's disappearance. The couple launched legal action against Goncalo Amaral after he published a book questioning their account about what happened to the little girl. Mr and Mrs McCann, both 41, from Rothley, Leicestershire, will fly to Lisbon ahead of the three-day trial, which is due to start at the main civil court in the Portuguese capital on Tuesday. It is understood that they plan to attend all the hearings, but do not intend to go back to the Algarve resort where Madeleine vanished more than two-and-a-half years ago. Family spokesman Clarence Mitchell said: "I can confirm that Kate and Gerry McCann will be returning to Portugal on Monday to attend the resumption of the Amaral trial on Tuesday at the main civil court in Lisbon. "The details of their travel plans and itinerary will at their request remain private." Madeleine was nearly four when she went missing from her family's holiday apartment in Praia da Luz in the Algarve on May 3 2007 while her parents dined with friends nearby. Four months after her disappearance, Mr and Mrs McCann were made "arguidos", or formal suspects, in the case but this was lifted when the investigation was shelved in July 2008. Mr Amaral at first led the Portuguese inquiry into Madeleine's disappearance but he was taken off the case in October 2007 after criticising the British police in a newspaper interview. In his book Maddie: The Truth Of The Lie, which was published in July 2008, Mr Amaral claimed that Madeleine was dead and questioned the McCanns' account that she was abducted. A Portuguese judge granted an injunction in September last year banning further sale or publication of the book. ----------------------------------------------------------- McCann's parents to attend libel case against police officer CNN January 11, 2010 1:56 a.m. EST Madrid, Spain (CNN) -- The parents of missing Madeleine McCann are due in Portugal this week as plaintiffs in a case seeking 1.2 million euros ($1.7 million dollars) in libel damages against a former Portuguese police investigator, McCann family spokesman Clarence Mitchell told CNN. The ex-officer, Goncalo Amaral -- who worked for a time on the case after Madeleine was reported missing in May 2007 -- wrote a book that "indirectly alleges Madeleine is dead and implies" the parents must have known, Mitchell said. Madeleine vanished from the family's holiday villa at the Portuguese beach resort of Praia da Luz on May 3, 2007 as her parents, Kate and Gerry McCann of Britain, dined in a nearby restaurant. She was 3 years old at the time. The McCanns maintain that Madeleine is alive and have garnered international support in an effort to find her, enlisting the aid of celebrities and Pope Benedict XVI. Kate and Gerry McCann are due to fly to Lisbon Monday afternoon and plan to attend the full hearing, which starts Tuesday and is expected to last three or four days. A verdict is likely soon after the conclusion, possibly by the end of next week, Mitchell said. The McCanns accepted $1.1 million in libel damages in March 2008, and front-page apologies from the London newspapers the Daily Express and the Daily Star, over stories alleging the parents were involved in the disappearance or death of their daughter. The money went to Madeleine's Fund, a nonprofit company set up to find the girl and bring to justice anyone who played a role in her disappearance. At one point, authorities in Portugal had named the girl's parents as suspects, along with a British man living in Portugal, Robert Murat. But a spokesman for the Portuguese prosecutor's office said in July 2008 that authorities found no evidence of involvement by any of the three and were no longer considering them suspects. Portuguese investigators closed the case in July 2008. Amaral's book, "A Verdade da Mentira," ("The Truth of the Lie") was published in Portugal in 2008. It has since been published in France, Germany and Spain, with excerpts and its allegations repeated on the Internet, Mitchell said. A Portuguese judge has granted an injunction against Amaral, freezing some assets, and ordering him not to repeat his allegations. The judge also ordered unsold copies of the book to be returned to the publisher, and "many thousands" have already been returned, Mitchell said. But Antonio Cabrita, a lawyer for Amaral, told CNN he will argue the right to "freedom of speech," under the Portuguese constitution in seeking to lift the judge's injunction against the book and Amaral. The injunction, issued in September 2009, also extends to the book's Portuguese publisher and a Portuguese TV station that reported on the book's allegations, said Cabrita, who represents only Amaral, not the other defendants. Amaral is expected to testify first, on Tuesday, about his book's allegations that Madeleine may have died accidentally at the Portuguese resort and that her parents were aware of that, Cabrita said. "Now there is a chance to present new facts" to the judge, Cabrita said, adding that Amaral's book basically contains allegations that were part of the police investigation before authorities closed the case. Mitchell said such allegations, which can't be proven, hurt the parents' search to find Madeleine. The McCann couple "didn't start this fight" with Amaral and were reluctant to bring the lawsuit, but felt compelled because "he can't prove his points," Mitchell said. Amaral was a lead investigator on the case when he gave an interview to a Portuguese newspaper, despite an order of judicial secrecy surrounding the investigation, and his superiors then removed him from the case, Cabrita said. CNN Madrid Bureau Chief Al Goodman contributed to this report

Maddie Case: British Cop invokes state secrets privilege to refuse to testify, 11 January 2010

Maddie Case: British Cop invokes state secrets privilege to refuse to testify Jornal de Notícias By Nuno Miguel Maia 11 January 2010 00h00m Thanks to Joana Morais for translation Trial on book about Maddie without key witness from the English investigation side A detective sergeant from Scotland Yard invokes "State immunity" and obligation of secrecy on the investigations of the Maddie case in order to refuse to testify tomorrow, Tuesday, at the beginning of the trial that opposes the McCann couple to the former coordinator of the PJ, Gonçalo Amaral. The hearing of witnesses tomorrow at the Civil Court of Lisbon, will be limited to the elements that were requested by the former head of the Judiciary Police of Portimão, most of which also collaborated in the investigation of the English girl's disappearance. The case concerns the order to withdraw from the market all the books "The Truth of the Lie", in which is defended the thesis of Maddie's death and the parental involvement in hiding the cadaver. The English cop, incidentally with a Portuguese name (José de Freitas), was the liaison officer between the Portuguese and English authorities and the McCann couple. On several occasions he accompanied Kate and Gerry, who would be constituted as arguidos, after being confronted with evidence of human blood and cadaver odour in the apartment at the Ocean Club in Praia da Luz, Lagos. The traces - remember - were detected by the English dogs "Eddie" and "Keela". As is usual in the standard procedures of the British, all the contacts and signals expressed by the McCanns were registered, including those that contributed to support the decision to constitute them as suspects. And it's relating to that, and to other data, that Gonçalo Amaral seeks a statement. "Any potential evidence [testimonial] that I can give may be subject to confidentiality and Immunity of the English Public Interest. Furthermore, since all the services that I performed were official, the principle of State immunity is applied and it will be necessary to gain the consent of the United Kingdom authorities to waive that State immunity before I could be subject to the jurisdiction of the Portuguese courts and be able to give any evidence, whether relevant or not. The State immunity covering my official acts is that of the United Kingdom and not mine, and can not be renounced by me, but only by the United Kingdom", wrote José de Freitas to the judge of the Civil Court of Lisbon after having been notified, in a letter that JN had access. The police officer suggests that his witness statement should be instead requested through a rogatory letter or through the British Ambassador in Portugal. But subjected to prior authorisation by the English authorities, who have just set a tight regime of secrecy of the process in England (read the next article).

"Point of Destruction", 11 January 2010

"Point of Destruction" Joana Morais In 1966, F. Truffaut directed the remarkable "Fahrenheit 451". This science fiction film, which has always impassioned me, finds at the present moment one of its most unfortunate fulfilments with the news published in a daily newspaper, whose title is "McCann couple demand books be completely destroyed". Dr Paulo Sargento 11 January 2010 Thanks to Joana Morais for translation Indeed, the McCanns have asked for much and given very little or close to nothing! It is unfortunate that not even them, at the moment, speak of the little girl Madeleine McCann (their daughter and co-applicant in the process - even though, unfortunately, no court is aware of her whereabouts, and thus of her legal status) and are more concerned with their public image and with, the theoretical, enormous profits from books and videos which oppose their version of what happened on May 3, 2007. In the middle of this inglorious battle, one should, however, question: Where is Madeleine? After the archival of the process, what was done to find her? One of the witnesses presented by the McCanns is Dave Edgar, one of the "private detectives" who, in recent times, has dedicated himself to searching for the girl. Let us make a simple consideration, with so many private detectives that for the last two years, have worked on the case, what has been achieved regarding the location of the little girl, Madeleine? Nothing. Unfortunately, nothing. Why? Is it reasonable to believe that this failure is due to the book of Gonçalo Amaral? Did the whole world lose interest in Maddie due to the arguments of the former inspector Gonçalo Amaral? One of two things: either Gonçalo Amaral is a Genius or the World is Stupid! The process relating to Maddie case can be reopened. Kate McCann, the mother, just has to answer to one of the more than four dozen questions that she refused, consciously, to answer in September 2007. Together with my colleague Peter Gamito, we made the first 3D simulation of the events of May 3, 2007. I have presented arguments to support the conclusion that the abduction theory was untenable. The argument, which I repeat now, boils down to this: it was the girl's parents that suggested the possibility of abduction, presenting a sequence of timings for the supervision of the children (not of Maddie alone) which did not exceed, on average, 7 minutes in absolute terms (values that would be severely shortened if relying, in addition, on the movements of the several tapas 9 characters, with the stated stops near the apartment and on the conversations between these characters). What criteria has the McCann couple, or the detectives who they have been hiring, to demonstrate the possibility for an abduction? I confess that I would like to know, at least, one argument that could be put up for discussion and logical argument. I regret that so far that has not happened. Sadly, instead of presenting arguments that could sustain such a thesis, attempts to destruct opposing views are wielded, a fact which doesn't even deserve the adjective of antithesis. Madeleine McCann is not the daughter of Gonçalo Amaral! Madeleine McCann is the daughter of Kate and Gerry McCann. I regret that the McCanns insist in worrying more with Gonçalo Amaral than with their daughter and that, like in the movie "Fahrenheit 451", believe that firefighters, rather than putting out fires, should burn books...

Opinions are opposed, 11 January 2010

Opinions are opposed Jornal de Notícias by Manuel António Pina 11 January 2010 Thanks to Joana Morais for translation There are probably good reasons for books to be burned, in the defence of someone's right to a reputation. Nonetheless, it is within the management of the permanent conflict between personality rights and freedom of expression that its core lies, and it is there, for that same reason, that the firmness of a core value to the democratic system itself is measured. In the trial that starts tomorrow, the McCann couple want the destruction of all the books in which Gonçalo Amaral, the former coordinator of the investigation into the disappearance of little Madeleine, defends the position that both may have been involved in the case. Amaral argues, in favour of his thesis, with facts from the investigation itself, which he directed; the McCanns argue that Amaral's arguments offend their right to a reputation. Justice will decide, but similar arguments could be used to burn, on a daily basis, the entire Portuguese Press, and to light an immense "Bücherverbrennung" in the democratic countries in general. An opinion is an opinion and it is worth the same as the facts that it is based upon. Opinions are not burned, they are discussed and opposed.

McCanns back in Portugal to face detective in court, 12 January 2010

McCanns back in Portugal to face detective in court Daily Express By Nick Fagge Tuesday January 12, 2010 KATE and Gerry McCann returned to Portugal last night for a courtroom showdown with the detective who accused them of being involved in the disappearance of their daughter Madeleine. The couple face fresh heartache as they battle to ban a best-selling book by Goncalo Amaral about Madeleine, who went missing on May 3, 2007. The case, to be heard at Portugal's top civil court, is also the first step in the McCanns' £1million libel action against Amaral. He led the Portuguese police investigation into Madeleine's disappearance and was instrumental in making her parents official suspects or arguidos. The McCanns, from Rothley, Leics, were later cleared of any wrong-doing. Amaral was taken off the case after he criticised British detectives and later resigned. He called the hearing to overturn an injunction banning the book. Amaral will argue that he has the right to publish it under Portuguese freedom-of-speech laws. McCanns face cop's 'lie' claim The Sun New ordeal ... McCanns had cop's book banned last year By ANTONELLA LAZZERI Published: Today (12 January 2010) KATE and Gerry McCann today face being wrongly accused in court of hiding the body of missing daughter Maddie. They flew to Portugal yesterday to see ex-police chief Goncalo Amaral try to lift a ban on his book, The Truth of the Lie. Amaral, who led the initial hunt for Maddie, claims in the book she is dead and the couple made up the story of the three-year-old being abducted in Portugal in 2007. Amaral, 54 - now retired - is expected to call three ex-colleagues to back his allegations. He will tell the Lisbon hearing what led him to believe the couple lied. A source close to the McCanns from Rothley, Leics, said: "It may be traumatic for them to hear terrible things said about them and Madeleine but they want to be there for her sake." The McCanns had the book banned last year.

Maddie McCann's parents try to keep policemen away, 12 January 2010

Maddie McCann's parents try to keep policemen away Jornal de Notícias English couple want to prevent witnesses from confirming the thesis that they concealed Maddie's cadaver by Nuno Miguel Maia 12 January 2010 00h00m Thanks to Joana Morais for translation Kate and Gerry McCann are trying to prevent the investigators in the case of the disappearance of their daughter Madeleine from being heard, today, at the Civil Court of Lisbon, at the start of the trial of the injunction that removed the book "The Truth of the Lie" from the market. The argument for this request that was presented to the judge, over the last few days, is related to alleged "vices" [flaws] in the opposition that was filed by Gonçalo Amaral, the former Polícia Judiciária investigator in Portimão and the author of that book, which defends the thesis of Maddie's death and the involvement of the parents in the disappearance of the cadaver. Today, several Polícia Judiciária officers that were summoned by the former coordinator are to be heard, who may eventually corroborate the same thesis. Magalhães e Menezes, the Public Ministry prosecutor who archived the process, has also been summoned. In the final dispatch, this magistrate also admitted the possibility that the little English child is dead and that the McCann couple did not manage to prove their innocence – because the diligence of the reconstruction of facts was not carried out, due to the English friends being unavailable. The lawyer who represents Kate and Gerry McCann argues that the facts that have been alleged by the couple in the injunction – which ordered Gonçalo Amaral's book and the documentary that was based on it, to be removed from the market – should be deemed as fact, because they have not been duly challenged. And that therefore it is unnecessary to hear the investigators in court, including Tavares de Almeida and Ricardo Paiva, from the PJ in Portimão, Luís Neves, the PJ's heavy crime unit director, and Guilhermino Encarnação, the former PJ director in Faro. The former PJ inspector, Francisco Moita Flores, has also been summoned as a witness. As JN reported yesterday, another key witness for Gonçalo Amaral was a Scotland Yard officer who cooperated with the Portuguese investigation. In order to refuse to testify, José de Freitas (an English subject, despite the Portuguese name) sent a letter to the court in which he alleges his obligation towards confidentiality and "State immunity" of the United Kingdom. The McCann couple argue that the constant spreading of the former PJ coordinator's thesis unjustly places them as suspects – in contradiction with the archiving dispatch – and that it hurts the search for the little girl. They refuse the possibility of death and insist on the abduction thesis. On the other hand, the former PJ coordinator alleges that he is not the only one to defend the possibility that Madeleine is deceased and the possible involvement of her parents in the disappearance of the body. He stresses that it is based on facts that are gathered within the process – including "indications" that were detected by English dogs.

McCanns already in Lisbon, 12 January 2010

McCanns already in Lisbon Jornal de Notícias (short video) 12 January 2010 Kate and Gerry McCann arrived yesterday, Monday, close to 23:00, at Lisbon airport in order to be present on Tuesday at the start of the trial that pits them against Gonçalo Amaral. On arrival, Gerry argued that without sufficient evidence, it should not be allowed for anyone to say that it is not possible to find Maddie. Transcript By Nigel Moore Gerry McCann: "Aye, well we're just here to continue the search for Madeleine and to protect the... our own family and their human rights and I think it's fairly clear, you know, no-one should be allowed to say that our daughter cannot be found without very good evidence to the contrary and that's what the... the court case is about."

McCanns 'Want Justice' At £1m Libel Trial, 12 January 2010

McCanns 'Want Justice' At £1m Libel Trial Sky News 2:13am UK, Tuesday January 12, 2010 Jon di Paolo, in Lisbon Kate and Gerry McCann arrived in Lisbon for the start of their £1m libel trial against a former police chief saying they want to see justice done for their missing daughter. The McCanns arrive at Lisbon Airport The couple are in the Portuguese capital for a three-day hearing at which they will seek £1m in compensation and a final ruling preventing Goncalo Amaral from repeating claims he made about them. The lawsuit had originally been due to be heard in December, but had to be postponed after Mr Amaral's lawyer was taken ill. Mr Amaral was in charge of the investigation launched when Madeleine McCann disappeared shortly before her fourth birthday during a family holiday in Praia da Luz in May 2007. He was taken off the case the following October after criticising British police in a newspaper interview. Mr and Mrs McCann were named by police as "arguidos", or suspects, but that status was lifted when the investigation was shelved in July 2008. The same month, Mr Amaral published a book called Maddie: The Truth Of The Lie, in which he claimed the youngster was dead and called into question the McCanns' account that she had been abducted. A Portuguese judge granted an injunction in September last year banning its further sale or publication. The former policeman was also prohibited from repeating his claims about Madeleine or her parents. Arriving at Lisbon Airport, Mr McCann said: "We're just here to continue the search for Madeleine, and to protect our own family, and their human rights. "No-one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about." Mrs McCann said: "We're looking for justice." The couple, both 41, from Rothley, Leicestershire, are not expected to give evidence during the hearings, although they are thought to be planning to attend them all. They have previously said any money awarded in damages by the courts would go towards paying for private investigators to look for their daughter. Update at 8:58am UK, Tuesday January 12, 2010 Same report as above with added video and live text facility

McCanns return to Portugal for libel trial of detective who led Maddie investigation, 12 January 2010

McCanns return to Portugal for libel trial of detective who led Maddie investigation Daily Mail By MAIL FOREIGN SERVICE Last updated at 7:47 AM on 12th January 2010 A libel trial will start today of a former senior Portuguese detective who published a book alleging that Madeleine McCann died inside her parents' apartment. Kate and Gerry McCann launched legal action against Goncalo Amaral after he publicly questioned their accounts of what happened to their daughter. The couple, both 41, from Rothley, Leicestershire, flew to Lisbon yesterday ahead of the three-day trial at the main civil court in the Portuguese capital. Madeleine was nearly four when she went missing from her family's holiday apartment in Praia da Luz in the Algarve on May 3, 2007, while her parents dined with friends nearby. Four months after her disappearance, Portuguese police made Mr and Mrs McCann 'arguidos', or formal suspects, in the case. But their arguido status was lifted when the investigation was shelved in July 2008. Mr Amaral at first led the inquiry into Madeleine's disappearance for Portugal's CID, the Policia Judiciaria (PJ). But he was taken off the case in October 2007 after criticising the British police in a newspaper interview. In his book Maddie: The Truth Of The Lie, published in July 2008, Mr Amaral claimed that Madeleine died in her family's holiday flat on the night she disappeared and questioned the McCanns' account that she was abducted. A Portuguese judge granted an injunction in September last year banning further sale or publication of the book. The former policeman was also prohibited from repeating his claims about Madeleine or her parents. The McCanns travelled to Lisbon for the opening of the libel trial in December but the hearing was adjourned until this week after Mr Amaral's lawyer failed to turn up for health reasons. The ex-detective's legal team is expected to argue that the material in his book is contained in the official Portuguese police files for the case, many of which were made public in August 2008. Reports in Portugal suggested Mr Amaral plans to call a number of senior figures involved in the Madeleine investigation as witnesses. They could include Jose Cunha de Magalhaes e Meneses, the local public prosecutor in the case, and Guilhermino Encarnacao, director of the PJ in the Algarve when the child vanished. Mr Amaral's lawyers also sought evidence from a British policeman, Metropolitan Police Detective Sergeant Jose De Freitas, who was seconded to Leicestershire Police to help with the British end of the investigation. But he is not expected to appear as a witness in the trial. A Scotland Yard spokeswoman said: 'We can confirm that the Metropolitan Police Service has received correspondence from the Portuguese authorities. 'This correspondence is currently being considered.' In a statement released through their Portuguese lawyers, the McCanns said their main motive for challenging Mr Amaral was to further the search for their daughter. They also argued that Mr Amaral's book was 'against the Portuguese constitution and against the Universal Declaration of Human Rights'. 'All the court decisions we are trying to obtain are destined to prove Madeleine is alive and spread the information that her search is worthwhile,' the couple said. It is understood that Mr and Mrs McCann plan to attend all this week's hearings, but do not intend to return to Praia da Luz as they did in December. The couple are also seeking 1.2million euros (£1.08million) in compensation for defamation in separate legal proceedings against Mr Amaral in Portugal. They have said any damages awarded by the courts would go towards paying for private investigators to look for Madeleine.

Madeleine McCann 'Died In Holiday Apartment', 12 January 2010

Madeleine McCann 'Died In Holiday Apartment' Sky News BREAKING NEWS 1:21pm UK, Tuesday January 12, 2010 Jon di Paolo, in Lisbon A report into the disappearance of Madeleine McCann, signed by a police chief, said she had died in the family's holiday apartment, a court has been told. The lawyer in charge of the original inquiry into Madeleine's disappearance said the report was signed by Tavares De Almeida, who was chief inspector of police at the time Madeleine vanished. Jose Magalhaes e Menezes also revealed that text messages sent by Kate and Gerry McCann were intercepted by police who were suspicious about their role in their daughter's disappearance. But the texts were not considered as part of the investigation because a judge would not allow it. Mr Menezes was the first witness called at a libel trial brought by the McCanns against former police chief Goncalo Amaral. His book claimed Madeleine had died in the family's apartment in the holiday resort of Praia da Luz in May 2007. But Mr Menezes said he thought the probability of Madeleine being alive was 50/50. He said the decision to designate the McCanns 'arguidos' - or suspects - was taken by police after sniffer dogs brought to Portugal from England had carried out their searches. Giving evidence, Mr de Almeida said that the dogs identified blood and the smell of a human body inside the dining room of the holiday flat and in the car the McCanns were using. The animals also found a scent on a piece of cloth in a flat rented by the McCanns after they left the apartment. One of the dogs was in a nervous, excitable state, and wanted to get into the room, according to a report by British police, said Mr de Almeida. The McCanns are seeking £1m compensation and a final ruling preventing Mr Amaral from repeating the claims he made about them. The McCanns' lawyer told the court that the couple were prepared to give evidence but only after Mr Amaral had done so. The case may now last longer than its expected three days because a new witness - named as Luis Frois - is being called by the McCann team. Mr Amaral was in charge of the investigation launched when Madeleine McCann disappeared shortly before her fourth birthday. He was taken off the case the following October after criticising British police in a newspaper interview. Mr and Mrs McCanns' status as arguidos was lifted when the investigation was shelved in July 2008. The same month, Mr Amaral published a book called Maddie: The Truth Of The Lie, in which he called into question the McCanns' account that she had been abducted. Arriving in Lisbon, Mr McCann said: "No-one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about." Mrs McCann said: "We're looking for justice." The couple, both 41, from Rothley, Leicestershire, have said that any damages awarded to them would go towards paying for private investigators to look for their daughter. Update, 3:59pm UK Tuesday January 12, 2010 Sky News Video

Maddie 'died in holiday flat', 12 January 2010

Maddie 'died in holiday flat' The Sun By STAFF REPORTER Published: Today (12 January 2010) A POLICE report into the disappearance of Maddie McCann said she died in the family's holiday apartment, a court was told today. The lawyer in charge of the original inquiry said the report was signed by Tavares De Almeida, who was chief inspector of police at the time the youngster vanished. Jose Magalhaes e Menezes also revealed that text messages sent by Kate and Gerry McCann were intercepted by Portuguese police who were suspicious about the couple's role in the then almost four-year-old's disappearance. But the texts were not considered as part of the 2007 investigation because a judge would not allow it. Trial ... Goncalo Amaral Mr Menezes was the first witness called at a libel trial brought by the McCanns against former police chief Goncalo Amaral. His book — "Maddie: The Truth Of The Lie" — claimed the tot died in the family's apartment in the holiday resort of Praia da Luz in May 2007. The McCanns have always maintained their daughter went missing as they dined with friends in a restaurant nearby. Mr Menezes said the decision to make the McCanns arguidos — Portuguese for suspects — was taken after sniffer dogs brought from England identified blood in the couple's flat and rental car. The dogs also found a scent on a piece of cloth in a flat rented by the McCanns after they left the apartment, he said. The McCanns want £1MILLION compensation and a ruling to stop Amaral repeating his claims. The couple's lawyer told the court they were prepared to give evidence — but only after Amaral had done. The McCanns have also called a new witness — named Luis Frois — in the trial. Amaral was in charge of the original Maddie investigation, but he was taken off the case after slamming British cops in an interview. Arriving in Lisbon yesterday, Mr McCann said: "No-one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about." Mrs McCann said: "We're looking for justice."

McCanns 'were suspected by police', 12 January 2010

McCanns 'were suspected by police' Daily Mirror 12/01/2010 Portuguese police believed Madeleine McCann died in her family's holiday flat and that her parents faked her abduction, a court has heard. Kate and Gerry McCann faced former detective Goncalo Amaral across a courtroom as he tried to overturn a ban on his book that claims their daughter is dead. One senior detective told the hearing in Lisbon that police made the McCanns "arguidos", or suspects, in the case after concluding Madeleine died accidentally and her parents covered up the death by inventing a kidnapping. Chief Inspector Tavares de Almeida said he believed Madeleine died in her family's apartment in the Algarve resort of Praia da Luz on the day she went missing in May 2007. He told the court the main evidence for this was the findings of British police sniffer dogs sent to Portugal to examine the flat. The McCanns' lawyer, Isabel Duarte, challenged this claim, arguing that the sniffer dog results did not constitute proof and were not allowed as evidence in the case. Mr Amaral is calling a series of senior Portuguese officials involved in the investigation into Madeleine's disappearance as witnesses to support his allegations. His lawyers argue that the material in his book is contained in the official Portuguese police files for the case, many of which were made public in August 2008. Jose Cunha de Magalhaes e Meneses, the local public prosecutor in the Madeleine investigation, gave evidence via video link. Asked whether he believed that the little girl was dead, he said it was "50-50". Mr Amaral's lawyers are also seeking evidence from a British policeman, Metropolitan Police Detective Sergeant Jose De Freitas, who was seconded to Leicestershire Police to help with the British end of the investigation.

Claim that Maddie McCann died is repeated, 12 January 2010

Claim that Maddie McCann died is repeated RTP 2010-01-12 21:21:36 The former inspectors involved in the investigation of Madeleine McCann have confirmed their conviction in court that the child died and the couple hid the corpse. Even the deputy national director of the Judiciary Police has assured that the mother assumed, by herself, that her daughter had died. It was the first session of the trial of the injunction that has banned the book by ex-inspector Gonçalo Amaral.

New criticism of English authorities in the Maddie case, 12 January 2010

New criticism of English authorities in the Maddie case Jornal de Notícias 12/01/2010 Thanks to Joana Morais for translation Magalhães e Menezes, the Public Ministry's prosecutor who archived the Maddie case, said today, Tuesday, that the death thesis is the most likely one to explain Maddie McCann's disappearance, which doesn't mean it's the right one. The statement was made during the hearing of several members of the Polícia Judiciária, at the Civil Court of Lisbon, during the trial of the injunction that removed the book "The Truth of the Lie" from the market. During the morning, the defence for the former investigator and author of the book, Gonçalo Amaral, expressed the wish for all witnesses to be questioned while facing a DVD containing the entire 15 to 16 volumes of the whole inquiry and archiving dispatch. The judge asked the court services to provide for a computer where the DVD can be exhibited, for the witnesses to be confronted with the document. On his turn, investigator Tavares de Almeida, who has also been summoned within this process, expressed some criticism towards the English authorities, namely concerning the good development of the investigation into the disappearance of the little British girl.

Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation, 12 January 2010

Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation Lusa News Agency Published: 12-01-2010 22:02 Thanks to Joana Morais for translation At the first trial of the action brought by the McCann family against Gonçalo Amaral, that took place at the Palácio of Justiça in Lisbon, the four witnesses argued that the theory of the former agent does not affect nor prevent any investigation for the discovery of a live Madeleine. The first to refute the arguments of Kate and Gerry McCann, who were present at the session, was the prosecutor of Portimão Magalhães e Menezes, who, via video conference, said that the thesis that the "child was dead was one of the options originally put forward by the PJ" which led to "the constitution of the English couple as arguidos". The holder of the investigation to the disappearance of British child, on May 3 2007, stated that it "remained in open the thesis of the crime of homicide and cadaver concealment for not knowing what had happened to the child" and stressed that "nothing in the investigation evidenced that the McCann couple had committed any crime", which lead to the archival. Inspector Tavares de Almeida, who participated in the investigation, reported the police work with the two dogs used to detect human blood and cadaver odour in the apartment in Praia da Luz, Algarve, where the child had been on vacation with her twins and parents, and in the car rented by Kate and Gerry. He stated that in the investigation they "always talked about accidental death". Tavares de Almeida stressed that "all the actions were recorded, with image and sound", and he added that at that time the suspicions of the crime of hiding a corpse and simulation of an abduction were founded. These conclusions were reproduced in a book written by Gonçalo Amaral, whose prohibition of the sale was ordered temporarily on the 9 September 2009, in the scope of a main action claim for the protection of freedoms, rights and guarantees of the McCann family. "Gonçalo Amaral does not usurp the investigation conclusions, because they come from investigation", said Tavares de Almeida. In his turn, the PJ inspector Ricardo Paiva, the liaison police officer to the English police, and later on to the McCann family, said "The thesis of the book of Gonçalo Amaral is the investigation" and ensured that there was "no intention" of the book author "to harm the couple". Finally, the top coordinator of the Criminal Investigation and PJ national director of the Unit for Combating Banditry assured that the contents described in the book "are facts that were filmed and described and that are in the process". Nunes das Neves went on to say that the thesis of the Madeleine's death was "one of the hypothesis assumed by Kate". However, he acknowledged that "There is no evidence to support" the death of the child, but emphasized "we know how things happened". The prosecution, through the McCann couple's lawyer, Isabel Duarte, confronted the witnesses with alleged discrepancies in the book, like a walk during which an Irish couple reported seeing a man carrying a child in his arms, moving towards the beach, in the day of the disappearance. "The book is full of inferences and deductions", said Isabel Duarte, at the end of the hearing, which continues on Wednesday with the questioning of defense witnesses. In addition to Gonçalo Amaral, who led the initial investigation into the disappearance of the British child, in this trial are still concerned the publisher of the book Guerra & Paz, TVI, for having broadcast a documentary film based on the book and the producer Valentim de Carvalho, for having marketed the DVD of that documentary.

Madeleine McCann's death 'covered up by parents who faked kidnap', court hears, 12 January 2010

Madeleine McCann's death 'covered up by parents who faked kidnap', court hears Telegraph Madeleine McCann died in an accident in her family's Algarve holiday apartment and her death was covered up by her parents who then concocted a tale of kidnap, a Portuguese court was told. By Fiona Govan in Lisbon Published: 10:30PM GMT 12 Jan 2010   The McCanns arrive at court for libel trial Kate and Gerry McCann, both 41, were in court to hear how the detectives leading the investigation into their daughter's disappearance believed they had lied to hide the truth. "She died in the apartment as a result of a tragic accident and the parents simulated an abduction after failing to care of their children," Tavares de Almeida, former chief inspector at Portimao police station during the initial months of the investigation, told the court in Lisbon. "These were the conclusions of a police report signed by me on September 10 2007," he added. The allegations against Kate and Gerry McCann, both 41, were presented in court on the first day of a hearing to challenge the publication of a book written by Algarve detective Goncalo Amaral. Lawyers for the detective, who led the team that made the McCanns arguidos – suspects – in their daughter's disappearance, called witnesses to support the claims outlined in his book. The McCanns arguido status was lifted after ten months in July 2008 when the Attorney General ruled there was no evidence against them. The pair, from Rothley, Leics, came face to face with their detractor for the first time since they were officially made argiuidos in September 2007, four months after they daughter vanished days before her fourth birthday. Mr Amaral, 50, led the initial investigation into Madeleine's disappearance from a holiday apartment in Praia da Luz on May 3 2007 while her parents dined with friends at a tapas bar nearby. He was sacked from the case, which remains unsolved. His book, entitled "The Truth of The Lie", published in July 2008 claims that Madeleine died in the apartment and questions her parents' account of events that evening. It became a bestseller in Portugal selling more than 200,000 copies and went on to be published in six languages and made into a documentary film. After a year long campaign the McCanns succeeded in getting a temporary injunction banning further sales and it was withdrawn from shelves last September. The couple believe that the book is damaging the search for their daughter by asserting that she is already dead and are suing for liable. They are expected to ask a judge for around £1million in damages which they will use to pay for their own continuing hunt for their daughter, who they believe was kidnapped and could still be alive and being held somewhere. Mr de Almeida told the court: "We have always spoken of a tragic accidental death – not homicide. The McCanns did not kill her but they concealed the body," Mr de Almeida, who worked under Amaral and was also taken off the case in September 2007, said the decision to designate the McCanns 'arguidos' was made by police after sniffer dogs brought to Portugal from England had carried out their searches. Giving evidence, Mr de Almeida said that the dogs had identified blood and the scent of a human corpse inside the childrens' bedroom and the dining room of the McCanns' holiday flat. The animals also reacted to traces on a piece of cloth in a villa rented by the McCanns after they left the apartment and in the boot of a rental car hired by the family several weeks after Madeleine disappeared. Mr de Almeida also complained that Portuguese police efforts to investigate the McCanns had been frustrated by their British counterparts. "We were told that the UK would not accept any investigation of the McCanns – there was a lack of cooperation," he said. But later he said that the theory that the parents had covered up Madeleine's death as outlined in Amaral's book was one reached by British police on the ground in Portugal too. "This wasn't something invented by Amaral," he insisted. "It was a conclusion reached by the team of Portuguese investigators as well as British police." Mrs McCann wearing a dark coloured floral dress sat impassively in the front row of the court room beside her husband. The pair held hands and exchanged occasional whispers and nods as they were passed notes by interpreters informing them of court proceedings, which were carried out in Portuguese. Mr Amaral, dressed in a dark suit and purple tie, was seated at the bench beside his legal team, fifteen feet away from the couple. He spent much of the proceedings with his eyes closed avoiding the direct gaze of the McCanns. Tuesday's court hearing in the Portuguese capital was an opportunity by Mr Amaral to have the temporary injunction against publication of his book overturned. Neither he nor the McCanns will be called to give evidence in the hearing which is expected to last a minimum of three days. A third witness said the turning point of the investigation came following a tearful call from Mrs McCann who, after a dream, told police where to search for her daughter's body. Police Inspector Ricardo Paiva, who acted as a liason between the McCanns and Portuguese police in the days following their daughter's disappearance told the court he had received the phone call in late July 2007. "Kate called me, she was alone as Gerry was away and she was crying," he said. "She said she had dreamt that Madeleine was on a hill and that we should search for her there. "She gave the impression that she thought she was dead – it was a turning point for us." The senior detective said the land was searched but nothing was found. "That is when we decided to send the specialist dogs in. British police informed us about how they could detect the scent of death." He admitted that the police had been suspicious of the McCanns from the start of the investigation. "They disobeyed our request to keep quiet about the details of their daughter's disappearance while we conducted our investigation. Instead they turned it into a media circus and that gave rise to some suspicions." He said that the McCanns should have faced prosecution for leaving their children alone. "They should have been pursued for neglect. People have been arrested for far less – even in the UK." The case continues.

Court agony for McCanns: Couple listen in disbelief as Portuguese police say Maddie is dead and abduction was faked, 12 January 2010

Court agony for McCanns: Couple listen in disbelief as Portuguese police say Maddie is dead and abduction was faked Daily Mail By VANESSA ALLEN Last updated at 11:03 PM on 12th January 2010 Portuguese police convinced themselves Madeleine McCann's parents faked her abduction, despite having no evidence against them, a court was told yesterday. Officers leading the investigation into the three-year-old's disappearance believed she died in a 'tragic accident' and that her parents hid her body, a senior detective admitted yesterday. The dramatic confession was made during a tense legal battle in a Portuguese courtroom, played out in front of Kate and Gerry McCann. Reliving the pain: Gerry and Kate McCann arrive at court in Lisbon yesterday After almost three years of leaks, slurs and innuendo, Inspector Tavares Almeida laid bare unsubstantiated police suspicions against the couple. It was the first time any Portuguese police officer has spoken publicly about the decision to name the McCanns as arguidos, or official suspects. Mr Almeida said the decision was taken after he filed a damning report to the Portuguese prosecutor in September 2007, four months after Madeleine's disappearance. 'The conclusion arrived at in the report was that Madeleine McCann died in the apartment and that the McCanns simulated the abduction,' he said. 'So they are suspects. It was a tragic accident in the apartment that night.' Mr McCann shook his head in disbelief as Mr Almeida gave his evidence on behalf of his former senior officer, disgraced detective Goncalo Amaral. He put his arm around his wife as they sat in the public gallery of the court. The couple, both 41, have accused Mr Amaral of libel after he wrote a book accusing them of covering up their daughter's death. Yesterday's hearing was part of that £1million libel case. Mr Almeida claimed that British police had also believed the McCanns were involved after Madeleine vanished from their holiday apartment in Praia da Luz. 'We all believe she is dead,' he declared defiantly. 'It was our conclusion as police professionals, both Portuguese and British police. The McCanns didn't kill her but they concealed the body.' Madeleine vanished from a holiday apartment while her parents ate dinner with friends at a nearby restaurant on May 3, 2007. The McCanns led a worldwide campaign to find her, but there have been no confirmed sightings.   A second officer, Ricardo Paiva, said Portuguese police were suspicious of the couple's 'merchandising' operation in the months after Maddie disappeared. The Madeleine Fund they set up sold wristbands and T-shirts publicising the case and used the money to support the search. Mr Paiva said they should have faced prosecution for leaving their children alone, saying: 'People have been arrested for far less - even in the UK.' He admitted that Mr Amaral's conviction about the McCanns' involvement had stopped police from investigating other theories. But the only evidence the Portuguese police could amass against the McCanns was the reaction of sniffer dogs sent into the couple's holiday apartment in Praia da Luz, which smelled 'the scent of death'. The performance of the dogs has been called into question after they also reacted to remains at Haut de la Garenne orphanage in Jersey, which were later found to be animal bones. Mr and Mrs McCann, both doctors, were finally cleared when the police investigation was officially shelved because of a lack of evidence. Mr Amaral, 49, was sacked from the investigation after launching an outspoken attack against British police. Speaking after the hearing, McCann family spokesman Claudia Nogueira said the couple, of Rothley, Leicestershire, had been 'hurt' by the day's allegations. She said: 'However, they know what really happened, so they're confident. They just want to find their daughter.' The case continues.

Kate McCann made a suspect in Maddy disappearance after a nightmare, 13 January 2010

Kate McCann made a suspect in Maddy disappearance after a nightmare Daily Mirror By Martin Fricker in Lisbon 13/01/2010 Kate McCann was made a suspect over daughter Madeleine's disappearance simply because she had a nightmare, it was revealed yesterday. A court in Portugal heard how Kate rang a detective in tears just weeks after Madeleine went missing to tell of a dream in which she saw the little girl's body lying on a hillside in Praia da Luz. Inspector Ricardo Paiva said: "It gave the impression she thought Madeleine was dead – it was a turning point for us." The astonishing revelation came during the McCanns' libel action against disgraced detective Goncalo Amaral. He has written a book cruelly accusing them of faking Madeleine's abduction after she died in a tragic accident in their flat. The McCanns were in court yesterday and had to endure shameful claims from Amaral's cronies. A spokeswoman said afterwards: "It is hurting them, these things repeated again and again." 'I dreamed I saw body on hillside' Just weeks after Madeleine McCann vanished, sobbing mum Kate rang the Portuguese detective appointed to look after her to tell of a horrific dream in which she had seen her daughter's dead body. Distraught Kate said Madeleine had been lying on a hillside overlooking the beach at Praia da Luz. She begged Inspector Ricardo Paiva to search the spot. Astonishingly, rather than inspiring pity at a desperate mother's plight, the incident sparked only suspicion in the minds of the officers who were supposed to be hunting Madeleine and her abductor. And yesterday Paiva told a Portuguese court the frantic phone call was the crucial episode that led to both Kate and Gerry becoming suspects. Kate and Gerry sat just yards from Paiva as he gave evidence in their libel trial against disgraced ex-detective Goncalo Amaral. He said: "The turning point of the investigation came after I received a phone call from Kate. She was alone as Gerry was away and she was crying. "She said she had had a nightmare and saw Madeleine's body lying on a hillside and we should search for her there. She gave the impression that she thought she was dead." Paiva, a family liaison officer, said he took the call at the end of July 2007. Madeleine had vanished on May 3. Police duly searched the hillside but found no clues. But Paiva said the call was the catalyst that persuaded Portuguese police to ask their British counterparts to bring in sniffer dogs to examine the McCanns' flat. He told the Lisbon court: "We decided to send the specialist dogs in. British police informed us about how they could detect the scent of death." But the detective admitted the police had been suspicious of the McCanns from the start  – simply because they had tried to give the stalled hunt for Madeleine some much-needed momentum. He added: "They disobeyed our request to keep quiet about the details of their daughter's disappearance while we conducted our investigation. Instead, they turned it into a media circus." Paiva cruelly even insisted the McCanns should have faced prosecution for leaving their three children alone in the holiday flat while they dined with friends. He added: "They should have been pursued for neglect. People have been arrested for far less, even in the UK." Kate and Gerry are suing Amaral, who led the early stages of the Madeleine inquiry until he was sacked for criticising British police. They have a worldwide injunction stopping publication of his book Maddie: The Truth of the Lie, which accuses them of faking their daughter's abduction after she died in their Praia da Luz holiday flat in a tragic accident. The couple, from Rothley, Leics, listened intently yesterday as more Portuguese officers gave evidence in support of the disgraced ex-policeman. Kate regularly shook her head in frustration. Gerry remained grim-faced. But at times it was hard to avoid the feeling that the hearing was more like a trial of the couple than an examination of Amaral's vicious claims. At one stage during one outrageous allegation, Gerry put a comforting arm around Kate's shoulders. Inspector Tavares De Almeida, who worked under Amaral, bluntly accused the couple of covering up Madeleine's death. He said: "The conclusion arrived at was Madeleine died in the apartment. "The McCann couple simulated the abduction to hide the fact they had not taken care of their children. "They were suspected of concealing the body and simulating the kidnap. "We have always spoken of a tragic accidental death. There was no homicide. "They did not kill but they concealed the body." De Almeida insisted Amaral's book was "a true history." Asked if he believed Madeleine had died on the night she vanished, he replied: "Yes, she is dead." He claimed British police agreed. He added: "We all believe she died. It was the conclusion of both Portuguese and British police." District attorney Jose Menezes, who gave the go-ahead for the McCanns to be made official suspects, said his officers eventually reached the conclusion Kate and Gerry concealed Madeleine's body. He also accused the McCanns of lying about checking on Madeleine and her twin brother and sister every 30 minutes the night she vanished. Mr Menezes added: "It was longer, like every 45 or 50 minutes. It seems there was a lie in the investigation." But he also admitted there was no evidence to charge the McCanns conceded it was "Fifty-fifty" whether Madeleine was still alive. Luis Neves, ex-head of Portugal's serious crime squad, said a British profiler employed by Portuguese police had given him impression the McCanns were involved in the disappearance. Another investigator claimed police had evidence of text messages between the couple following Madeleine's disappearance. But they were denied permission to read the contents of the messages by the judge under privacy law. After yesterday's session the McCann's spokeswoman Claudia Nogueira said hearing the allegations had been painful. She added: "I think it is hurting them. They can feel hurt by these things being repeated again and again and again. "However, they know what really happened so they are confident. They just want to find their daughter."

Maddie 'died' in apartment Portuguese police chief tells court, 13 January 2010

Maddie 'died' in apartment Portuguese police chief tells court Daily Express By Nick Fagge in Lisbon Wednesday January 13, 2010 MADELEINE McCann died in her family's holiday apartment as the result of a tragic accident and her parents concealed her body, a police chief told a court in Portugal yesterday. Kate and Gerry McCann neglected their children and lied to detectives investigating Madeleine's disappearance, a senior government lawyer also claimed. And detectives intercepted text messages between the couple in the days after the youngster vanished from the Algarve resort and looked into ways of preventing them from leaving the country. One officer even claimed that Portuguese police changed their inquiry from a missing person search to a murder investigation after Kate told him she had a nightmare and had seen Madeleine's body lying on a hillside. The allegations – which have all been vehemently denied by the McCanns – were outlined during the dramatic opening of a case brought by Goncalo Amaral, the former detective who headed the initial investigation. He wants to overturn a ban on his controversial book on the case. In a separate legal action, the McCanns are seeking £1million compensation and a final ruling preventing Mr Amaral from repeating the claims he made about them, which they say are untrue and based on a deeply flawed investigation. The couple have said any money would be used to help try to find Madeleine. The McCanns have never been charged with any offence and were cleared by the Portuguese authorities after they admitted there was no evidence to prosecute the couple. After a tense opening, their spokeswoman confirmed that the couple found listening to the allegations very painful. She said: "I think it is hurting them. They can feel hurt by these things being repeated again and again and again. However, they know what really happened so they are confident. They just want to find their daughter." Chief Inspector Tavares de Almeida told the court that he believed the couple, from Rothley, Leicestershire, were directly involved in Madeleine's disappearance – a theory he said was shared by Portuguese and British officers working on the case. He said: "The conclusion that was arrived at was that Madeleine McCann died at the apartment and the McCann couple simulated the abduction to hide the fact that they had not taken care of their children. "There was a tragic accident in the apartment that night and they neglected the care of their children. It was the conclusion of both Portuguese and British police. We have always spoken of a tragic accidental death. There was no homicide." Asked if he thought Madeleine was dead, Mr de Almeida replied: "Yes. She is dead. It was not only the police who believed this but the public prosecutor. The McCanns did not kill her but they concealed the body." Mr de Almeida was giving evidence on behalf of his former colleague Goncalo Amaral who is seeking to overturn a ban on the book he wrote about the Madeleine case entitled Maddie: The Truth Of The Lie. The detective described the book as a "true history of the facts". He said: "Goncalo Amaral was very careful to come to this conclusion with the facts." Luis Neves, the head of Portugal's anti-terrorism unit, told the court they had employed a British profiler who gave him the impression that the McCanns were guilty of involvement in Madeleine's disappearance. Mr de Almeida said their suspicions about the couple appeared to be confirmed when sniffer dogs found traces of blood and the smell of death at the McCanns' holiday apartment. One of the dogs was in a nervous, excitable state and wanted to get into the room, said Mr de Almeida. He said: "Inside the apartment there were two places where the dogs gave a sign. One was in the bedroom, the other was in the dining room. "It was also found in the McCanns' new apartment on a piece of clothing and in the rental car." Asked if it was the dog's reaction that led police to make the McCanns formal suspects in the investigation, he said: "No, they were already suspected of simulating a kidnapping and concealing the body." The McCanns' lawyer, Isabel Duarte, challenged this claim, arguing that the sniffer dog results did not constitute proof and were not allowed as evidence in the case. Mr de Almeida said the investigation was hampered by the British authorities who provided only one sheet of paper of information when asked to look into the background of Kate and Gerry and their friends. Earlier, District Attorney Jose Magalhaes e Menezes told the court how text messages sent by Kate and Gerry were intercepted by police who were suspicious about their role in their daughter's disappearance. He said: "The phone taps were set up in order to clear or implicate the McCanns." But the texts were not considered as part of the investigation because a judge would not allow it. Giving evidence via videolink, Mr Menezes claimed that the couple lied to police about how long they had left Madeleine alone. He said: "The truth is that the McCanns did not seem concerned about the safety of their children. They neglected to take care of them. "They told police that checks on the children had been made every half an hour that evening – then how could there be an opportunity for her to go missing? So it was therefore a longer interval – maybe 45 to 50 minutes." Under fierce questioning from Amaral's lawyer, Mr Menezes was asked again and again if he thought Madeleine was dead. He refused to give an answer until he was again asked by Judge Gabriela Rodrigues for his opinion on whether she was dead or alive. He replied: "Fifty-fifty". He added his team looked into ways of preventing Kate and Gerry returning the UK. However, under cross-examination, he conceded that the McCanns had always made themselves available to detectives for questioning during the investigation. Yesterday, the McCanns sat just feet away from Mr Amaral in the cold, stone floored courtroom in Portugal Palace of Justice. Dressed in a pretty floral dress, tights and boots Kate and husband Gerry whispered to each other as the legal proceeding took place in front of a packed public gallery. Their lawyer told the court that the couple were prepared to give evidence but only after Mr Amaral had done so. The McCanns' legal team also intend to call a new witness which could result in the case lasting longer than the expected three days. Madeleine was nearly four when she went missing from her family holiday apartment in Praia da Luz in the Algarve on May 3 2007 while her parents dined with friends nearby. Later, another witness told the court that the investigation changed from a missing person's inquiry into a murder hunt after Kate had a nightmare and told police where to look for the body. Police liaison officer Ricardo Paiva said: "The turning point of the investigation came after I received a phone call from Kate McCann. "She said she had had a nightmare and saw Madeleine's body lying on a hillside." Police carried out a thorough search of the land overlooking the beach at Praia da Luz but found nothing. Asked if he had ever got the impression from the McCanns that they thought Madeleine could be dead, he said: "Yes." However, he added that he did not think that claims that she was dead had hampered the police investigation as officers continued to get regular sightings of the missing youngster. He said: "In this week I have received a dozen sightings of Madeleine." Mr Paiva, who was removed from the inquiry at the request of the McCanns, said he received the call at the end of July when Gerry was away and Kate was in Praia da Luz on her own. At this point the Portuguese police were told about British search dogs that could find dead bodies. He added: "At the end of July Kate phoned me. She was alone as Gerry was in the UK and she was crying, saying she'd dreamt Madeleine was up in the hills and we should do searches there. She gave the impression that she thought Madeleine was dead." Mr Paiva said detectives became suspicious of the McCanns the moment they disobeyed police advice to keep quiet while they investigated. Instead the couple turned the case into a media circus. He said they claimed they had to do everything. "From the minute they shunned our advice we suspected them," he said. However, under cross examination he accepted claims that the couple contacted the media before the police were not true. Judge Rodrigues asked him why he could not accept that Madeleine could have been kidnapped and then killed. Mr Paiva did not answer. Mr Paiva said if Madeleine was alive and being held captive publicity would be more likely to hasten her death. Mr de Almeida told the court that well-wishers who gave cash donations to the Madeleine Fund had been conned as the girl was dead and the money was being wasted. He said Portuguese police investigated whether they could launch a fraud inquiry to protect the £2million in the fund. But they abandoned the idea after it became apparent they had no jurisdiction – as the fund was held in the UK. He said: "There was a discussion with the British police about the fund because we couldn't understand its purpose. We were concerned that there was a fraud being carried out. We asked our British colleagues about it and were told it would be very complicated. "But Portugal had no jurisdiction over the Madeleine Fund because it is based in the UK." He said the British authorities refused to carry out any investigation into the McCanns or their friends. He told the court: "All they sent us was one A4 piece of paper. We were told the British would not accept an investigation of the McCanns." Portuguese police found the "merchandising" of the Madeleine Fund – the sale of wristbands – very strange. The McCanns' status as suspects was lifted when the investigation was shelved in July 2008. The same month, Mr Amaral published the book. Arriving in Lisbon, Mr McCann said: "No one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about." Mrs McCann said: "We're looking for justice."

'Maddie is dead and you hid her', 13 January 2010

'Maddie is dead and you hid her' The Sun By ANTONELLA LAZZERI Published: Today (13 January 13 2010) MADELEINE McCann's parents were yesterday accused of faking her kidnap and hiding her body. The outrageous claim was made in court by a senior Portuguese cop who said of the missing child: "She is dead." Maddie's distraught mum Kate uttered "No, no" as she listened to the allegations in Lisbon. They were made by Chief Inspector Tavares Almeida as he gave evidence in support of his former boss Goncalo Amaral, who is seeking to have a ban lifted on his controversial book about the case. Almeida said he believed Maddie, three when she vanished from the McCanns' holiday apartment in 2007, died in a "tragic accident" at the flat. He insisted the parents then feigned an abduction. ---------------- Kate dreamt Maddie's body was on a hillside The Sun Cruel claims ... McCanns arrive for hearing By ANTONELLA LAZZERI Published: Today (13 January 2010) KATE McCann had a dream in which she saw the body of missing daughter Madeleine on a hillside above their holiday resort, a court heard yesterday. And after she told Portuguese cops of the nightmare, they became convinced the little girl had been KILLED rather than abducted. The McCanns' Portuguese police liaison officer Inspector Ricardo Paiva even called it "the turning point of the investigation". His description of the dream was among a series of wicked claims made about Kate and husband Gerry, both 41-year-old doctors, at Lisbon's Palace of Justice. Texts The devastated parents held hands and looked emotional as a judge heard wild allegations they: KNEW all along that Maddie, nearly four when she disappeared, had died in an accident in their apartment in May 2007. SIMULATED a kidnapping and concealed the girl's body. SENT each other "suspicious" texts after Maddie went missing. WERE "involved" in the child's disappearance in the opinion of a British crime profiler, and SHOULD have been charged with neglect because they left Maddie and her younger twin siblings Sean and Amelie in the Praia da Luz apartment while they dined out with friends. The claims came from Portuguese cops in a case brought by their ex-boss Goncalo Amaral, the officer who led the initial investigation into the Maddie mystery. He is seeking to overturn a ban on his book The Truth of the Lie, in which he makes similar allegations to those heard in court yesterday. The McCanns, who have always maintained Maddie was snatched and is still alive, won a legal order barring the book in September. They say it is libellous and harms the search for the little girl. And they are poised to launch a £1million damages claim against Amaral. Yesterday a spokeswoman for the couple said they were "hurt" by the courtroom claims. But she added: "However, they know what really happened so they are confident. They just want to find their daughter." Insp Paiva told how tearful Kate told him about her dream in a phone call two months after Maddie vanished - and asked cops to search the hill she had "seen". He said: "She gave me the impression she thought Madeleine was dead." He added police combed the area but found nothing. Quizzed by the McCanns' lawyer Isabel Duarte, Paiva admitted Kate told him Maddie might be on the hillside as she had seen a lot of cars heading there. He said sniffer dogs were then brought in from Britain. Chief Insp Tavares Almeida repeated allegations the dogs found the scent of a body in Maddie's bedroom, the apartment's lounge, the McCanns' hire car and on a piece of clothing in a flat to which they later moved. Asked how Maddie might have died, he said: "We always spoke of a tragic accidental death, not homicide. The McCanns did not kill her but they hid the body." Local public Prosecutor Jose Magalhaes e Menezes told how police suspected Kate and Gerry texted each other immediately after Maddie's disappearance. They asked to see the messages but were turned down by the authorities on the grounds of "human rights to freedom". Asked if he thought Maddie was dead or alive, he replied: "50-50." The case continues. -------------------------------------- His smiles, their pain The Sun By ANTONELLA LAZZERI in Court 7, Palace of Justice, Lisbon STROKING a photo of Maddie tied to her handbag, Kate McCann asked an interpreter what Chief Inspector Tavares Almeida was saying. When told of his cruel accusations, she looked tearfully down at the floor, horror-stricken. And she flinched when the cop said of Madeleine in a loud and stark voice: "She is dead." Nearby sacked police chief Goncalo Amaral smiled confidently, the diamond in his left ear glittering in the courtroom's lights. He knew he was achieving what he had always yearned for - to put the McCanns on the spot over the disappearance of their daughter. He rocked back in his chair as one after another, former colleagues backed up his scurrilous insistence that Kate and husband Gerry covered up Maddie's death after an accident at their holiday flat. The cops' testimony was the kind normally heard at a criminal trial. The boot will be on the other foot if Amaral loses his case and the ban on his book remains. But for Kate and Gerry McCann nothing will make up for the loss of their precious daughter.

"Maddie died and the parents concealed", 13 January 2010

"Maddie died and the parents concealed" Correio da Manhã Justice: Injunction against 'The Truth of the Lie' is contested By João C. Rodrigues 13 January 2010 - 00h30 Thanks to Astro for translation The investigation into the disappearance of Madeleine McCann, in Praia da Luz, in May 2007, started as if it was an abduction. But "Kate and Gerry McCann were made arguidos because the elements that were collected during the investigation pointed towards death, simulation of abduction and concealment of the child's cadaver", chief inspector Tavares de Almeida, one of the PJ investigators who held the case until he was removed from it – in early September 2007 – when he requested the change of the coercion measures into preventive custody "to prevent them from leaving Portugal", said in court yesterday. "We always spoke about an accidental death. Even prosecutor Magalhães Menezes [holder of the process] believed in Maddie's death, just like Kate herself, at a given point in time. But the PJ does not have the power to accuse and the process was archived", Tavares de Almeida explained – in front of the McCann couple – during the first session of the opposition to the injunction that prohibited the sale of former PJ inspector Gonçalo Amaral’s book 'The Truth of the Lie'. "The dogs detected blood and cadaver odour in the apartment and in the rented car. And all that was collected was [done] jointly with members of the Birmingham laboratory, in order to avoid any discrepancies. But, as incredible as this may sound, after the first result showed that 15 out of 19 alleles from the sample of Madeleine's DNA coincided, they came and said that they had contaminated the samples", Tavares de Almeida accused. The thesis of death and cadaver concealment was also defended by inspector Ricardo Paiva, who served as the liaison officer between the PJ and the British family. "I share Gonçalo Amaral's statement in the book. Maddie dies, probably in a tragic accident, and all indications point towards the parents concealing the cadaver", he stated. The thesis was defended by the director of the National Counter-Terrorism Unit, Luís Neves – "the simulation of abduction, concealment of cadaver and accidental death are possibilities" – and by prosecutor Magalhães e Menezes – "it is more likely that the child is dead". DETAILS CONTENT Both Gonçalo Amaral and Isabel Duarte, the McCanns' lawyer, expressed satisfaction coming out of Civil Court 7, of Lisbon. THESIS DISCUSSED On trial is the thesis defended by Gonçalo Amaral - accusing Kate and Gerry of responsibility in the death, abduction and concealment of a cadaver. The couple accuse the former inspector of defamation and seek damages of 1.2 million euros. ENGLISH SURVEILLANCE HAMPERS THE INVESTIGATION "There were English elements here, incognito. We were targeted by surveillance and highly controlled by the English authorities", Tavares de Almeida accused. "And official cooperation was done at the measure of the Anglo-Saxon authorities. For example, when we requested information from England, still during the investigation into the abduction thesis, it never arrived", he stresses. Ricardo Paiva explained that three British agencies were involved – Leicester Police, MPIA and Scotland Yard – and that many of the diligences were suggested by them.