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Sunday 13 October 2013

Joana Morais Blog: McCann Libel Case

9 October 2013 | Posted by Joana Morais

Attrib: http://joana-morais.blogspot.com/2013/10/goncalo-amarals-book-contained-nothing.html

1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship Constitution of the Portuguese Republic, Article 37.º
 
Gonçalo Amaral's book: Two members of Judiciary Police. Quote 'contained nothing new, nothing that it wasn't published before'
  
Gonçalo Amaral's book edition post McCann injunction, 'No axe can cut the roots of freedom, 
the Portuguese are going to read the forbidden book'

“Despite everything, until a certain moment in the investigation, the [McCann] family sustained and fed the abduction thesis. Nevertheless, at an uncertain date, the family suggested to consult a person that might, eventually, indicate the probable location of little Madeleine’s cadaver. This fact became inexplicable to the members of the investigation, given the fact that it was the family members themselves who raised the possibility of little Maddie’s death.”
in Process 201/07.0GALGS, volume XVII, page 2594

Gonçalo Amaral's book did not add “anything new”

Two members of the Judiciary Police have stated yesterday in court, that Gonçalo Amaral's book did not add anything new to what was already known regarding the process of the investigation of the English child, who disappeared in the Algarve, in May 2007. The statements of this two witnesses, Luís Neves and Ricardo Paiva, concur with Gonçalo Amaral's defence argument, which alleges that the book written by the former coordinator of the Judiciary Police “contained nothing new, nothing that it wasn't published before”.

Gonçalo Amaral is being tried at Lisbon's Civil Court after a complaint from the McCanns, who claim the book “has deeply affected the family” and seek 1,2 million euros for alleged defamation. Inspector Ricardo Paiva, who was directly involved in the investigation, considered that the book did not add “anything new”.

Luís Neves, who coordinated part of the investigation and was the then director of the Judiciary Police Organized Crime Unit, stated the same. The judge ended up by ironically saying that the book had “misleading advertising”, since the cover promised “revelations” about the case.

Jornal de Notícias, Paper Edition, page 10, October 9, 2013

Gonçalo Amaral's book may have “misleading advertising”, said the Judge
Trial - PJ Director admitted that initial thesis of Maddie's abduction was rushed

by Valentina Marcelino [Translation Astro/JM]

The Judge at the 1st Civil Court of Lisbon who is presiding the McCann couple's lawsuit against the former PJ inspector - who defends the thesis of the parents' responsibility in their daughter Madeleine's death - suggested that Gonçalo Amaral's book may have “misleading advertising”, because contrary to what is announced on its back cover it does not contain “unique revelations” about the case of the disappearance of the little girl in 2007, in Praia da Luz.

The magistrate's conclusion followed the statements of one of Amaral's defence witnesses that was heard in court yesterday, the PJ inspector Ricardo Paiva, who took part in the investigative team. He stated that 'The Truth of the Lie' did not contain any more information than what was in the files of the process that has been shelved in the mean time, and made public. Thus Gonçalo Amaral's defence seeks to devalue the impact of the accusations that are contained in the book on the McCann family and to empty the arguments that sustain Gerry and Kate McCann's request for 1.2 million as compensation over moral damages.

“What are the 'revelations' in the book?” the judge asked Ricardo Paiva. “There is nothing new compared with the inquiry”, the inspector replied. “But it says the contrary on the back cover, it says that there are 'unique revelations'. What are those?”, the magistrate insisted. “They may be unique to those who bought the book and didn't read the case files”, Ricardo Paiva suggested. Ironically, the judge concluded “Then it's misleading advertising!”.

The McCann couple's lawyers, on the other hand, have been trying to demonstrate that the book contains a lot more information than the criminal process, namely the author's final conclusion that the little girl died in the apartment, which is the motive of the moral damage that was caused to the family.

During yesterday's session, the director of the National Counter-Terrorism Unit (UNCT) testified for Gonçalo Amaral's defence and implied that the abduction theory, with which the investigation started right after the little girl's disappearance, may have been rushed. “When Dr Guilhermino Encarnação [former PJ director] held the first press conference and spoke about an abduction, we still didn't know whether it was one thing or another”, he said. According to Luís Neves, an abduction expert, at the time, the signs that usually support this type of crime, like “a ransom note”, were missing. The director of UNCT also recalled that it was Maddie's parents who, being first to admit that their daughter might be dead, ended up indirectly triggering the arrival in Portugal of the English dogs that detected cadaver odour in the apartment where Maddie disappeared from. And that was when Amaral's thesis started to gain strength.

BBC programme
SIC guarantees that they were not approached

SIC [Portuguese television network and media company, which runs several television channels] was not approached to broadcast BBC's Crimewatch program on the “Maddie case”, contrary to what the English press published. Next Monday, on 14 October, the English TV channel, BBC, that broadcasts Crimewatch, promises to show a reconstruction of Madeleine McCann's disappearance. The script is a result of Scotland Yard's investigation. The British press assured that Portuguese TV channels refused to broadcast it, however when questioned by DN, an official source from SIC guaranteed that they were never contacted. RTP and TVI did not reply up to the closure of this edition.

Diário de Notícias, Paper Edition, page 19, October 9, 2013
 

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