7 March 2012 | Posted by
“I suspect that my books were destroyed”
The new source of conflict between the former Judiciary Police inspector and the McCann couple revolves around the devolution of the book written by Amaral. The courts annulled the injunction pending over the work, and now, the former inspector claims back his 7500 copies of “Maddie – The Truth of the Lie” whose trustee is the legal representative of the McCanns in Portugal.
by Carlos Saraiva [Director of “O Crime”]
“O Crime” – The Court of Appeals has decreed the book copies (Maddie –The Truth of the Lie) that were apprehended should be returned to you. Do you already have them in your possession?
Gonçalo Amaral - The Lisbon Court of Appeals has decreed that my book and my opinions did not violate the privacy rights of the McCann couple, the parents of the missing child, wherefore the injunction was peremptorily refused.
Did the judicial ruling transited in rem judicatam [become a matter of record/final]?
The decision of the Court of Appeals did not allow a recourse. Even so, the distinguished lawyer [Isabel Duarte] of the couple managed to delay the transit of the judicial ruling, which occurred in November 2011, following a decision contrary to the McCanns issued by the Supreme Court of Lisbon. They have been selling a “pig in a poke” and I am beginning to doubt the McCanns are aware of the decisions of the Portuguese courts. Perhaps they continue to pay without knowing the outcome.
Why weren’t they returned yet?
I doubt the books still exist. In fact, it should be recalled the McCanns’ lawyer has always affirmed that those books would never be put on sales again. Exactly from where does that sureness come… I have no idea. I only know that lawyer and her clients do not abide by the decisions of the Portuguese courts, which can be a clear indication of their character, or, at least, of their behaviour within the Portuguese legal system. Allow me to remind you that, due to my suspicions that those books were destroyed, I have denounced the situation to the Public Ministry [Attorney General's Office]; currently taking place at the DIAP [Department of Investigation and Penal Action] of Lisbon is a criminal process for improper clearance or destruction of objects placed under the public domain (Article 3551 of the Penal Code), abstractly punishable by at least a sentence of up to five years in prison, where the suspects are the McCann couple and their illustrious lawyer.
Of how many copies are we talking about?
In question, approximately 7 500 book copies.
When they are returned, will you re-market them again?
Those books or a new re-print should be already on sale. The book publishers “Guerra e Paz” will know more about that issue.
At what stage is the civil proceeding the McCanns have against you?
We are at a pre-trial hearing stage. Presently, my new lawyer has been “touching” in a process that was halted and that has stirred some panic in the opposing side.
One of the strongest arguments of the accusation alleges that Gonçalo Amaral became enriched with the book's author rights. What is your reaction to this claim?
If someone wants to talk about “enrichment”, they should think firstly in the parents of the missing child, in their family, in their support “staff” and in their illustrious lawyer. In the latter case, it would be important for the aforementioned lawyer to state how much has she earned and what are her prospects regarding future gains, not to mention the other lawyers, the private detective agencies and PR companies [all seemingly hired by the McCanns' private company].
Do you have any expectations as to the result of this lawsuit?
The only expectation that I have is that we are going to win the action, since there are no facts or material facts to support the claim. The action of the McCanns is inept. It is this that causes a great despondency in the illustrious lawyer, who felt the need to proceed with a campaign of disinformation and slander against me. She should not forget what she has been saying, because she will answer for that in court2.
As you well know, the Prime Minister David Cameron, has ordered a re-evaluation of the investigation in England regarding Maddie’s disappearance. How do you assess that decision, admitting that the English will hardly have access to the investigation in Portugal?
The decision of that Prime Minister has been twisted. The McCann couple has spoken of a re-examination of the child’s “sightings”. When, in fact, what is known is that Scotland Yard, who were appointed to re-evaluate the whole investigation, has set aside the pseudo-sightings, focusing instead on the investigation process that remains archived. Elements from the Scotland Yard have been working with an investigative [Judiciary Police] team from Oporto (Oporto because Algarve and Lisbon have already been involved), and what is known is that the “affair” is not going well for the McCanns.
The Maddie case, one can say (it’s not a secret) that, it disrupted your career in the Judiciary Police. What sorrows do you have concerning that?
I do not agree with that! The “Maddie” case happened at a stage of my life when I was already tired of saying “yes”. Just and only that.
Where you naïve?
Not at all. I left the Judiciary Police by my own initiative and with my head held high, I worked in there for almost thirty years and I had a successful career with an immaculate track record. Let the detractors attempt to denigrate my career, because, we will soon talk.
So far, the clues gathered by the private detectives that are searching for the child, even the ones that become mediatic, were revealed as useless, and have probably caused more confusion in the case. What is your opinion?
The private detectives, in general, were more concerned in creating false stories about the Portuguese investigators [Judiciary Police officers] in charge of the case, or in creating bogus sightings. The McCann couple should have the courage to disclose all the reports spawned by those private detectives and then we would understand what has been the purpose of the fund that was created to find the child. That would be very interesting. In fact, let me remind you of the performance of the [Spanish] detective agency “Método 3”. Those men have fabricated several sightings. At a certain point in time, Christmas of 2007, they actually said that the child would be home by that same Christmas. At that time, they were trying to link their investigation to the disappearance of Madeleine. They actually went on to “contact” a lawyer/psychic to make that connection. That character [Marcos Aragão Correia] was the first person who, publicly, affirmed that Madeleine was dead, and who then proceeded with searches at dams in the Algarve. It is bewildering, or perhaps not, that it is the illustrious lawyer for the McCanns who is defending him in the action that I have made against him for qualified defamation [180º to 184º of the Penal Code], a crime for which he is on trial at the Court of Faro. (...)
Ongoing translation
in O Crime, March 1, 2012 | Nº1544, pages 12/13, paper edition only | In Portuguese at Maria's blog, obrigada.
Notes
1 Penal Code | Book II - Special Part | Title V - Of the Crimes against the State | Chapter II - Of the Crimes against Public Authorities | Section III - Of the Violation of Public Injunctions
Article 335: Improper clearance or destruction of objects placed under the public domain
Those who destroy, damage or impair, totally or partially, or, in any way subtract from the public domain to which is subject to, a document or any other movable object, as well as something that has been seized, withdrawn or subject to an injunction, is punishable with imprisonment up to five years, if a more severe penalty is not applicable by virtue of another statutory provision.
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