The parents of missing British toddler Madeleine McCann are to be
present at the first hearing in the trial that could see sales of
ex-police inspector Gonçalo Amaral’s controversial book ‘Maddie – The
Truth of the Lie’ being banned for good. This around the same time that
the former police chief is set to launch a new book titled ‘The Gag’.
Published in 2008, Gonçalo Amaral’s first book is currently
unavailable, having been removed from shelves following an injunction
imposed earlier this year, on September 9th, as the result of opposition
from the McCann family. He is soon set to launch his second book – ‘The
Gag’ – which is being published by a Spanish editor and is aimed at ‘all
those who want to silence him’.
‘The Gag’ reportedly recounts Gonçalo Amaral’s day-to-day life
since working on the Madeleine McCann case and includes passages on such
topics as his leaving the police force; his role in the Leonor Cipriano
case and the effects of the McCann’s injunction on the sale of his book
‘Maddie – The Truth of the Lie’.
Amaral’s first book is based on his conclusions reached from
investigations that at one point he headed. One of the most
controversial conclusions is the ex-inspector’s indication that
Madeleine’s parents were in some way involved in her disappearance.
Madeleine McCann’s parents Kate and Gerry, were expected to be at
the first court hearing in the trial against the book’s sale, in Lisbon,
this Friday.
During the hearings on Friday next Monday and Wednesday, the
Portimão-based Gonçalo Amaral will present his argument to the court.
Kate and Gerry McCann, who are being represented by Isabel
Duarte, allege that Gonçalo Amaral’s theories, which are published in
the book and in the video based on the book, are in their opinion,
unsustainable.
The family therefore asked that the book and the video, which
were released after a documentary broadcast on Portuguese TV channel TVI,
be removed – albeit temporarily – from the market.
Also named in the litigation is publisher ‘Guerra & Paz’,
Production Company Valentim de Carvalho, and TVI, for divulging Gonçalo
Amaral’s theory that the parents were involved in Madeleine’s
disappearance.
The McCanns are requesting the protection of their rights and
freedoms, as well as having instigated a second course of legal action
against the former police chief in which they claim he made ‘defamatory
declarations’ and for which the family is asking compensation of at
least €1.2 million.
According to the McCann family’s British lawyer, Ed Smethurst,
the couple claim Amaral made ‘continuous and damaging’ affirmations, in
Portugal and abroad, about the child’s disappearance.
Gonçalo Amaral is accused of having profited by “obscene amounts
of money for selling his theory via his book and in interviews”, as well
as having damaged “donations, new leads, investigations, information and
witnesses” relating to Madeleine’s disappearance.
The action against Amaral was filed by Kate and Gerry McCann,
along with Madeleine and her twin siblings, Sean and Amelie.
The McCanns have so far received around €700,000 in damages from
British newspapers, though Gerry McCann told The Portugal News back in
April that he believed the cash in the Find Madeleine Fund will have run
dry by the end of the year.
In the ruling in September that banned Amaral’s book, the judge
at Lisbon’s main civil court outlawed any further sales or publications
of the book.
Mr Amaral has insisted since being taken off the case back in
2007 that there were a number of discrepancies in the accounts given by
the McCanns as to what happened on the night of Madeleine’s
disappearance.
The order bans the former detective from repeating any of his
claims about the McCann family and also applies to a television
programme, later produced as a DVD, he made earlier this year in
conjunction with TVI.
In May, the McCanns had said they were looking to sue Mr Amaral
for defamation over the “hurtful” book’s “unfounded and grossly
defamatory claims”.
Mr Amaral has since said he will counter-sue the McCanns, he has
a clear conscience and is more than willing to face them in a court of
law.
Following the September decision, Kate and Gerry McCann released
a statement praising the Portuguese court’s decision.
“We are pleased with the Judge’s decision preventing further
distribution and sale of Mr Amaral’s book and DVD –‘The Truth of the
Lie’.
“Mr. Amaral’s central thesis has no evidence whatsoever to
support it. To claim as he did, that Madeleine is dead, and that we, her
parents, were in some way involved with her disappearance, has caused
our family incredible distress and it continues to do so.
“Without doubt, Madeleine will have suffered as a result of the
negative effect this book and DVD will have had on the search for her.
“Sean and Amelie need protection too from such awful claims.
“Hopefully this injunction today will go a long way towards
reducing further unnecessary and unjust distress to us all and allow
people to concentrate completely on what is important - finding
Madeleine,” the statement read.
In the first and only extensive interview granted to an
English-language publication, Gonçalo Amaral told The Portugal News back
in 2007 that his premature removal from the case hampered the search for
the truth.
“We should have continued investigating the parents in order to
either charge them or rule them out as suspects. If I had represented
this couple, I would have insisted the police investigations continue.
Not everything we do is to incriminate a suspect”, he reasoned, adding:
“Often a phone will be tapped in order to obtain information that will
clear a suspect”.
When questioned over legal action he would face over his views,
Mr Amaral said: “My book is based on facts. It could be a good occasion
to take all the case files to court and compare what I wrote with that
which is contained in the files.”
Arguing the opposite to be true, Gerry McCann told The Portugal
News: “There’s one thing that has been revealed in the case files which
is that there is no evidence that Madeleine is dead and there is no
evidence to suggest that Kate and I were involved in any theories. It’s
about Madeleine. As her parents, I hope people understand that we have
to do what we are doing.”
Madeleine McCann was last seen alive sleeping in the same room as
her twin siblings Sean and Amelie in an apartment at a resort in Praia
da Luz.
Her disappearance took place on May 3rd 2007, shortly before her
fourth birthday, and immediately attracted unprecedented international
interest.
Gonçalo Amaral holds the opinion that Madeleine McCann died in
the apartment where she was staying; that a kidnapping was simulated;
her parents are suspects in the involvement of concealing her body; her
death could have been the result of a tragic accident and that there are
indications of negligence in the safekeeping of the children.
Edition: 1040 |