10 September 2009

Judge explains decision of forbidding sale

The decision, by judge Amélia Puna Loupo, analyses the constitutional rights that are at stake and in conflict: those of freedom of expression and freedom of press, and those of physical integrity and personality. The conclusion was that the rights of personality should prevail

by Ana Paula Azevedo

The magistrate concluded that, with the evidence that she was presented – namely the archiving dispatch of the Public Ministry’s inquiry into the child’s disappearance, the editions of the book ‘The Truth about the Lie’ and the television documentary that is based on it -, it had to be evaluated, as determined by law, which should prevail in fairness. And she concluded that the rights of personality should prevail.

Therefore, she considers that the fear that has been alleged by the McCann couple, that the dissemination of the book (which has already been published in eight countries), as well as the statements that Gonçalo Amaral has been making about it, will provoke them new offenses (against them and their children, Sean and Amelie), apart from hampering the continuation of searches for Maddie, is founded.

The magistrate recalls that the Public Ministry’s archiving dispatch in the inquiry into the disappearance of Madeleine McCann concluded that there is no evidence to accuse the McCanns of any crime. Therefore, the repetition of the former inspector’s thesis always causes serious and hardly repairable damage to the McCann family.

The decision to prohibit the sale of the book and the documentary has immediate effects. Gonçalo Amaral can appeal the decision to the Appeals Court or state his opposition to the decision (which in this case moves the process into a court session, that would be presided over by the same judge) – but such would have no suspension effect.


source: Sol, 09.09.2009



67 comments:

  1. Gerry McCann’s action against Sr Amaral, involves more than one element. The main element is based on his assumption that all who have read Sr Amaral’s book AGREE with the content, that is, that they agree that Madeleine is dead. He cannot know this for sure.
    What if the majority of the readers thought the book was a,‘nonsense’, and did not believe a single word of what Sr Amaral has written.
    It would rather negate Gerry McCann’s central thesis that persons who have read the book stopped, or will stop searching for Madeleine..
    We could all read any article in any newspaper, read any same book this morning and not all reach the same opinion, or come to the same conclusion..
    The book ban, in relation to the McCann case, (and not in relation to what such a ban means to the Portuguese people) as I see it is simply a blip and not a blow to Sr Amaral! It really was to be expected. You can stop the printing, stop the publishing, stop the distribution and sale of almost anything at all, but you cannot stop people thinking for themselves, stop people having opinions, stop people discussing this case, you cannot stop some thinking that the McCann’s are guilty, you cannot stop others from believing in their innocence be that regarding neglect or any other matter.

    cntd

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  2. Gerry McCann ‘thinks’ there’s a lot of people in Portugal and further afield who believe there is evidence that Madeleine is dead.
    He need not have looked so far afield, as right under his nose here in the UK there are many ‘more’ than Gerry McCann can count, who believe that Madeleine is dead. They may not believe that there is ‘evidence’ to prove it, but they believe the child to be dead for any number of reasons, and with any number of scenarios, and various persons being the perpetrators. That is a fact.
    I suppose what Gerry is trying to tell us is that those whom he ‘thinks’ believe that there is evidence, are those who have read Sr Amaral’s book! So Sr Amaral in essence is the source of their belief the man who forced them believe there is evidence. I think I’ve got that bit right!

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  3. As his action was against Sr Amaral a Portuguese citizen, and Madeleine disappeared from an apartment in Portugal, his action was in a Portuguese Court, so I take it that is why we have to go along with the idea that there are a lot of people in Portugal who are under Sr Amaral’s spell, have taken him at his every word, stupidly been ‘taken-in’ by Sr Amaral.
    This we are to believe is why the people of Portugal have not come forward to the McCann PI’s with the crucial piece of information, that final piece of the jigsaw they are waiting on.
    I wonder if it has ever crossed Gerry McCann’s mind that many were of the opinion that Madeleine was dead long before Sr Amaral put pen to paper! Most hope that Madeleine is alive. I say ‘most’ as some say that if she is in the hands of a paedophile, perhaps she would be better not suffering such horror, best that she was with the angels. Everyone has their own opinion on such matters.
    Most who believe this have never read Sr Amaral’s book!


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  4. Most who believe this have never read Sr Amaral’s book!
    A book can be banned our thoughts feelings and opinions cannot be wiped out.
    Gerry McCann believes if people think Madeleine is dead that they will not search for her.
    Is this the reason that he and Kate did not go out to physically search I wonder!
    For parents innocent of involvement in the disappearance of their child, of course it would be distressing as Gerry McCann described to read what Sr Amaral has written. How could it not be?
    For guilty parents, be it guilty of neglect alone, or something more, it would be equally distressing, to know that someone has come close to, if not reached conclusively the truth of the matter in question – that they were involved in disappearance of their child! This would most certainly not sit comfortably with guilty parents.
    Yes, I could see it causing them distress. I can see in both scenarios, a need for the parents to “silence.”
    The idea that ‘A Verdade da Mentira’ may soon have been published in English and be available in the U.K. most definitely would have increased the urgency without question to have matters shut down!


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  5. The element of the McCann legal argument that the content of this book has hindered the search for their missing daughter Madeleine?
    I cannot see how this can be proved or quantified in a Court of Law or otherwise. A Court of Law may accept this argument in its entireity without any form of proof. Throw out any counter defence. They may deem that there is a slight possibility that this could be true, if the McCann’s can produce by way of proof and argument, the witnesses, the persons who Gerry spoke of in his press statement:
    "I know for a fact people have been told Madeleine is dead.’
    What an absolutely silly sounding statement.
    I must say, it sounds very childlike, much like ‘school yard’ talk – ‘I heard/saw you do something and now I’m going to tell!’ It rather made me smile.
    Now I take it he is not now referring to Sr Amaral but of others?

    cntd

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  6. These people who Gerry speaks of, who he knows for a fact have been told that Madeleine is dead - did they report this to him? Were they out searching one day when someone told them that Madeleine was dead so they instantly stopped looking for the child, or, during their search, did someone happen by, and hand them a copy of Sr Amaral’s book which they sat down to read, when finished, reporting to Gerry McCann, as to who was the culprit who had given them the book. Did they then confess that they would no longer search for Madeline due to the book content?
    These people who he knows to be telling others that Madeleine is dead will there be legal action against these persons? If he knows of them and they are categorically stating that Madeleine is dead, if they are saying/doing exactly what he accuses Sr Amaral of?
    Now, I don’t know about anyone else, but if someone came up to me in the street and stated that Madeleine WAS dead, not that it was their opinion, their feeling based on information and knowledge of the case which they had gathered, but that she WAS dead, I would check this out immediately get the latest updates on the case, breaking news etc.
    Many people, experts in missing children’s cases, police officers, ex police officers, psychologists, child protection officers from all over the world have commented as to whether it is their belief that Madeleine is dead.
    If I read Sr Amaral’s book, I would form my own opinion of the content also.


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  7. So is Gerry saying that if one person tells another that his daughter is dead, that the person receiving the information will have no ‘power of thought’ to check out the information or form any opinion of their own, that they will immediately believe this to be true?
    Gerry too, is assuming that ALL who read Sr Amaral’s book will agree with the content and stop searching for his daughter.
    That appears to be his central thesis.
    This I find rather interesting! His ‘action’ in this element rather hinges on convincing the Court that those persons who read the book will automatically believe every word of print.
    What if the majority of people who read it, think –‘what a load of nonsense this man Amaral has written, the McCann parents are not responsible, they cannot be, we will NEVER STOP SEARCHING?
    You see the McCann argument that Sr Amaral’s book hinders the search, can only be proven absolutely if it can be determined that those who have read it or will read it, believe/d every word and made a decision not to search based on this ‘read.’
    How can the McCann’s gauge whether persons who have/will read the book, will/have search/ed for Madeleine (in whatever way) prior to getting their hands on a copy? How can they determine whether those persons who have read the book ‘gave up’ on whatever type of personal search they may have been involved in, due to the content of the book?


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  8. I cannot imagine for an instant that anyone who reads and believes every word Sr Amaral has written, who believes that Madeleine is dead, would not then report to police if they saw a child who resembled her. The public are not fools, nor are they uncaring. If even a glimmer of hope, responsible people would report to the police.
    Gerry stated:
    "If people believe that, they won't search for her and they won't come forward with information”.
    Of course they will! They are not going to say:
    ‘oh that man said in his book the wee girl is dead, that sure looks like her, but hey let’s not bother.’
    The truth of the matter is, as the McCann’s tell us at every opportunity, no one is actively searching for their daughter. The public are not out physically searching, not because of Sr Amaral’s book, not because they believe her to be dead, but for obvious and practical reasons – where would they physically search? Just as Kate and Gerry do not go out and physically search, how can the public? That does not mean that should one day a member of the public see a child who looks like Madeleine that they would ignore the possibility that it could be her. Far from it!


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  9. I do understand perfectly that if the McCann’s are innocent that it would be distressing to read that Madeleine was dead. Their argument, that it hinders the search I do not hold with.
    To argue that it is distressing for them, that there is no absolute proof of Madeleine’s death, or absolute proof that they were involved (find the body and prove we did it, comes to mind) I can understand. The part where it hinders the search is simply to ‘beef up’ the argument and divert. It happens in all cases. A matter of separating the wheat from the chaff! Looking a little deeper to see what the real gripe/issue is!
    The real ‘gripe’ to me is that they do not want Sr Amaral stating that they were involved in their daughter’s disappearance. And of course innocent people would defend this absolutely. I agree with this wholeheartedly that any ‘innocent’ should. However, it would draw far much more attention to the McCann’s themselves if this was the‘main element’ in this action. ‘Hindering the search’ leads you away from the real issue, it has more impact, ‘hindering the search for a missing child’ that gains more sympathy, gives the impression that Sr Amaral is a nasty character. Makes, for a better headline!
    In all Court cases, there is a level of ‘game playing’ Sometimes it is he who can play best who wins and it doesn’t harm to have friends in high place either at times. Not always is justice served.
    If under Portuguese Law the book has defamed the McCann’s then naturally justice must be served.

    I cannot see that anyone would argue that.

    cntd

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  10. Cherie Blair is a human rights lawyer if I am correct, is there any possible connection with her and her husband, this reeks of some heavy legal digging and scraping to find a way for the Mccanns to shut everyone up.

    The judge has made this ruling on the "alleged" feelings of the Mccanns, not on the "actual"

    Tony Bennett should do some digging into this law and his posts on here would be really welcome.

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  11. I finally believe this is an extremely bad move from the mccies.
    Hence the long puking face pulled by the mccann man on the yesterday vid.
    If the rights of personality should prevail,then Dr.Amaral has ALL the rights to write AND publish a book,according to the portuguese constitution.
    It is complete fabulation to say this book harms the twins.Do they read yet? are they sick little genious?
    The judge is talking about the decision to shelve the case? fine....I can only think about one thing if the magistrate has taken that road.It will lead to the re opening of the case and if NOT,I swear to go to Portugal and start an other revolution

    FORÇA PORTUGAL

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  12. What I think many overlook is that Sr Amaral knows the law. If he has broken any law he will have been aware of this from the offset. Sometimes those knowledgeable of the consequences of their actions, choose still to take this route for what they consider the greater good. Had he not chosen this route, millions would not have had the opportunity to hear what the police investigation uncovered, an investigation which British officers took part.
    If the book never sees the light of day again, which is a day I’m almost certain Sr Amaral expected would arrive he knows that he has in his endeavours made millions aware of Madeleine McCann.
    The DVD has shown so much more that the made for tv one which the McCann’s put out. The McCann documentary was so very misleading for anyone who had no prior knowledge of this case. Both revealing in their own right.
    I think Sr Amaral he will be a happy man as this day dawns. The publicity alone from yesterdays Court decision has put the question of the McCann’s innocence/guilt/involvement/that Madeleine remains missing/whatever the case may be- right back in the public domain. He has made his point very forcefully and effectively to date.

    The McCann's rightly too, will be feeling a relief that the injustice they feel they have endured, has been stemmed.

    Added to which, those who have not followed the case will perhaps now want to know more, that cannot be a bad thing for Madeleine.

    Something good has a way of coming out of something which at first glance seems too awful to be turned around.

    As for keeping Sean and Amelie protected from hearing people say that Madeleine is dead, I think that will be impossible. Whether Sr Amaral or anyone at all had written a book, this is an impossible situation it is only a matter of time.
    I don’t believe during their early days at school that Madeleine will be the focus of these little children who have just begun school at the same time as the twins. The children will be finding school exciting, meeting new friend’s, they really won’t be interested in the twin’s big sister.
    I do find it a little disturbing though that despite speaking of protecting the twins, that there were so many articles in the press about their first day at school. Worrying too is that the school website feature Madeleine. A desk was set aside for her too should she ever be found and attend this school. Has this situation changed?
    This does not allow the twins to be individuals in their own right. They are being overshadowed by their missing sister, who may never return. It does not seem a healthy environment. It was always going to be difficult for them to start school and not be Madeleine McCann’s twin brother and sister, but simply Sean and Amelie. It does seem a particularly unusual step that the school have taken. What the McCann’s tell their children at home about Madeleine’s ‘return’ is their choice based as they say on the expert advice they were given. School environment is quite a different matter there are many other children to be considered.
    If the McCann’s wish Sean and Amelie to be protected, which I have no doubt they do, perhaps it would be a wise move for them to request of the school authority, that they reconsider, reconstruct their website by removing any articles relating to Madeleine.

    Regards
    A.Miller

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  13. i would like to ask this judge,how is a book stopping the mccanns looking for madeleine when they have never bothered to look before.this is a sad day for any one who is interested in the truth also its a sad day for portugal.i am also disgusted that the mccanns can even think about bringing thier remaining two children in to this just to get a bit of symphathy.
    chris

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  14. 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

    This obviously does not apply here.

    God bless Sr Amaral yet again and you Joana ! Louise

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  15. If I recall correctly, Goncalo said a while ago that he was going to force the process to be reopened. Is it possible that he has done this on purpose, to push the McCanns into taking this action so he can get them into Court?

    If so, it's a clever move by Goncalo because for him to Appeal this decision it has to go to Court, which is where he wants to be.

    Goncalo is a feisty man and I feel he will go ahead with the Appeal.

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  16. Cherie Blair is a human rights lawyer, is there any chance that this scraping of the barrel on "rights of personality" would have come from her connections? There are high up connections in this case.

    The judge has ruled that the "alleged" feelings of the Mccanns are the reason for this ruling, the "alleged" feelings of 2 child neglecting liars. So this ruling is not based on "actual factual feelings or threats" but on "alleged" surely this cannot stand legally.

    Can Tony post his legal views on here as a matter of urgency and what we can all do to make our voices heard?

    I have done some reasearch on the net, and it appears this ruling could be based on Celebrity rights, or am I way off base?

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  17. has the judge read the book I wonder???

    The book is not salacious in any way. It's a very down to earth account of what went on and asks it's questions simply.

    The book is based on facts.
    It's a fact that the McCann's obstructed the investigation and it's a fact that the dogs alerted only in 5A & the car.

    Gerry "there's no evidence" McCann is looking more and more guilty by his own hand.


    by the way, I'm glad Mr. Amaral shaved off his moustache before applying the tape!

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  18. IN Portugal but not everywher else
    The sale continues in the rest of europe
    FORÇA PORTUGAL

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  19. É esta a juiza cuja sentença permitiu ao Paulo Pedroso (processo Casa Pia) a retoma do lugar de deputado ?

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  20. This Judge reminds me of that one from the Guimarães Court that issued a senteced based on the best interest of the biological mother, instead of the child - and by that, sent a young girl to exile in a foreign country, uprooting her completely from everything she knew, loved, and those who cared for her.

    This is just another moronic decision - how can she say it's "founded"? Especially on those fallacious claims of the McCann? Doesn't the judge know that the case files are public? Why should the rights of personality prevail over the UNIVERSAL right of Freedom of expression?

    The only thing that stops me from demonstrating in front of the court is the notion that Gonçalo Amaral welcomes the opportunity of going to court to face those despicable two.

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  21. Just had a peek at the Daily Mail comments on Mr Amaral, and most people are backing him very few against him. This man has a lot of support.

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  22. Incredible! The McCanns win again! Madeleine loses again!

    So much for Portuguese justice (which sadly seems no better than that of England).

    But the basis of the McCanns claim is interesting, they do not challenge the content, but its effect.

    Once again we see the propagation of the lie that they have been cleared. Insufficient evidence is not bein cleared! certainly in the public consience in the UK the neglectful failed parents are not seen as in any way innocent of that neglect and failure.

    Still so many unanswered questions! But does book banning belong in modern democracies?

    does banning freedom of expression do the democracy of portugal any favour? I, for one,think not.

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  23. The more GM jumps up and down insisting on his own way, insisting he is right, insisting that people are forced to believe what he wants, the more he is becoming a cartoon character like Mugabe.

    He thinks he is tightening his case but he`s just tightening the noose round his own neck - give him enough rope etc.... I`m sure that`s what Amaral is hoping.

    GM has the mindset of a dictator.

    If they are so innocent there would be no need for all this defensive behaviour.

    By the way, did the cadaver dogs search the buggy belonging to Jes Wilkins?

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  24. Yesterday’s news from Portugal is not about little Madeleine McCann, nor is it about her neglectful parents, Kate and Gerry McCann who left her in an unlocked apartment creating an environment where the little girl came to harm of some description, disappearing without trace. Nor is it about Sr Goncalo Amaral. Nor is it about the content of a book. Looking at the bigger picture, it is about Portugal, the Portuguese people, their rights, their freedoms, their civil liberties, living in a democratic society. Yesterday Portugal stepped back in time, to a time where no self respecting citizen wishes to return. A reflection of repression!

    A sad day!

    I echo Joana’s words:
    9/9/09 what a sad day to freedom, to the 25 de Abril, to all the good men and women who fought against fascism & censorship in our country.

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  25. By this action Gerry is admitting how convincing the case made in the book is.Otherwise it could not possibly have the massive effect on public opinion that he is complaining about.

    As for the twins, I think they are being treated appallingly. Any rational person has to accept by now that Madeleine may well be dead, whatever the reason. The twins need to be carefully prepared at least for this possibility, instead of which they are being wilfully deceived. What fantastic parenting.

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  26. So if any appeal is to be presided over by the same judge, there seems little point in appealing. I'm not sure an appeal would be heard by the same judge in the UK

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  27. You "kill" one Gonçalo Amaral, tomorrow will born four or more. I'm one of them.
    Let's get together with dignity: we are not wrong. We cannot live well with lies. It's epidemic and dangerous. That's not the heritage we want for our children.
    We cannot be silenced. This will open a very dangerous door for the future and our children will pay this bill.

    Alexandra

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  28. What a freedom-denying intellectually impoverished decision. And can anyone seriously believe that anyone other than the McCanns could get a book of that type pulped on the basis of that logic?

    Now, whatever you think of the McCanns, any common criminal who has been investigated by the authorities who have decided not to proceed on some matter can get a book suppressed on similar grounds as long as they've come up with some rubbishy story to explain away their involvement in the crime.

    I trust Amaral will appeal this but I don't expect the judiciary of Portugal to do him any favours.
    One cannot accuse them of corruption. Idiocy? Political motivation? Professional pride?

    Why aren't the people of Portugal in a rage over this decision? I can tell you one thing: the Portugese are now a laughing stock over here...we interfere in your judicial process, we take the lead officer off your case, we get the McCanns back home in double quick time and now we have managed to suppress the truth. We destroy PDL's tourism industry. Next Amaral is going to be punished by being made a pauper.

    All that and we hear hardly a whisper of a complaint from the Portugese people.

    I'm not saying we've done better over here in the UK, but we had hopes of the Portugese people (and we thank those of you who have worked so hard to get the truth out).

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  29. Amília Puna Lupo (não é "Loupo") é a juíza que atribuíu a indemnização de 100.000 euros a Paulo Pedroso por erro grosseiro na prisão preventiva. Uma decisão criticada ubiquamente como absurda.

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  30. 'The hardly repairable damage' to the McCanns, eh.

    What about the damage done to the children who go to bed every night believing that some man crept into Madeleine's bedroom while she slept and took her away, and that it may happen to them?

    It is about time the different ending to the story was revealed to them and that Madeleine may have died as the result of an accident in the apartment when she left her bed and wandered around.

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  31. Amaral wrote his book out of sheer frustration because of the political interference which left him with his hands tied and eventually led to him being pulled off the case. He was not sacked; he resigned so he could continue the work he had started. He was taking a gamble. How could he know his book would sell in the numbers that it did? It is wrong to say he did this for the money. He did this in pursuance of the truth. He has now backed the McCann's into a corner with the publication of his book. This could be the only way to get them into Court. They have never been cross-examined. I would love to see them being cross-examined by a really good lawyer on why they and their friends all put their heads together just minutes after Madeline disappeared and scribbed their agreed timeline on the child’s book, why they deleted phone calls from their mobiles and why they needed an official spokesman immediately and prepared statemements, instead of joining in the hunt for her!

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  32. People always assume a judge's decision is the right and the wise one, while reality is that they often make decisions when very poorly informed. Like someone asked here: has she read the book? Has she spoken to people who stopped searching because of the book? Has she spoken to people who planned to do (more sic) harm to the McCanns?
    As many else who have stated that here, my opinion about the McCanns was formed way before the book was published and reading it really never changed any opinion I already had.

    Interesting too that she brings in the decision to archive the case.
    QUOTE: The magistrate concluded that, with the evidence that she was presented – namely the archiving dispatch of the Public Ministry’s inquiry into the child’s disappearance, the editions of the book ‘The Truth about the Lie’ and the television documentary that is based on it -, it had to be evaluated, as determined by law, which should prevail in fairness. UNQUOTE
    Why does the archiving of the case play a role here? If so important the couple could have asked for the case to be brought in the instruction phase. Now it is a case of a homicide and the parents are de-arguidoed because of a lack of evidence. Not a good place to be, but nothing of that is Dr. Amaral's fault. As a matter of fact assume that the archiving of the case has anything to do with Dr. Amaral is just plain silly.

    A lot of weight is again put on the wellbeing of the twins. I have often stated that the moment would come that they start asking "why didn't you come when Maddie and I were crying?" and "did you really leave us alone every night?". That will be very painful and damaging for the parents, but not more painful than the damage they themselves did to their 3 children. They can try to prevent that moment by attemting to rewrite history, but since that history is of their own making it will be hard.

    If all her arguments are valid a lot of books, movies and documentaries should be banned. As a matter of fact the McCanns with their fanclub should get a gag order because of the untrue , damaging and hate inciting things they said about Dr. Amaral, the PJ and Portugal. What's good for the goose is good for the gander. We won't see that happen I think. But then we live in the nazi-McCannia time and era.

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  33. I hope that Goncalo Amaral will appeal against this decision.
    The McCanns won't appear in a Portuguese court, of that I'm sure.

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  34. Gerry says: 'There is no evidence that she is dead'
    I say: 'There is no evidence that she was abducted'.

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  35. Surely by gagging they will make the book more interesting to people who have had no interest in reading it before. I have just copied the book from the Internet, and I for one will be reading it to see what all the fuss is about. I have a queue of friends who want to read it too so I shall be busy sending it over the air waves.

    I decided on the 4th May 2007 that Maddy had died that night, way before book ever came out.

    This is stupid I mean there are loads of books written about Jo Beth Ramsay even down right accusations towards the parents but these books have not been gagged. Whats the difference?

    No there is something oddly fishy about all this.

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  36. Lots of angry commenters, and quite right - however, this is not "the end" - at least for G.Amaral; it's the start, more likely, of a judicial battle that may re-open the investigation.

    The Judge's decision is questionable, to say the least, yes.
    Apparently, the granting of this preventive measure by the Judge, is good news for the McCann. However, this decision didn't seem to bring a lot of joy to Mr. McCann, when he read his statement yesterday. He actually looked more concerned than Sr. Amaral when he spoke to the Portuguese news channel RTP.

    Mr. McCann did say this was a "last resort" action; and he is right. He knows very well that by opening this judicial battle he may be opening his "Pandora box" - something they've tried to avoid all this time.

    Unfortunatelly for them, Sr. Amaral just won't go away.
    The McCanns know that Sr. Amaral is not full of wind, that's why they go to extraordinary lenghts to shut him up.
    The problem for them is, Sr. Amaral always said he'd be more than happy to see them in court. His wish as come true.
    NR

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  37. Actually, this Judge did Mr. Amaral a favour. Now, those that previously had little curiosity about the book will want to read it to find out why it was banned. And they don't even have to buy it...its all over the Internet. As they read the book, many will become aware of things they had previously not known and since people are not dumb they will make up their own minds.
    Financially, the decision may be prejudicial. In terms of diffusing Mr. Amaral's theory, it couldn't have been a better move. After all, a year later, just about all those that wanted to actually buy the book in Portugal have already done so.
    And I have a feeling that the sales in other countries will increase now that its a "forbidden" book.

    What may start off as a cause for rejubilation for Gerry and Kate may just end up biting them ...we all know where.

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  38. There may be no evidence that Madeleine is dead but is there any evidence at all that she is alive?

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  39. Could Amaral choose a jury court?

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  40. They certainly chose the right country for their staged abduction. I cannot see them getting away with this sort of thing anywhere else. Sorry Portuguese people but your judicial system seems to be in a bit of a mess. Time you got these judges and politicians sorted out.

    T4two

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  41. I have read many extracts from the English translation of Mr. Amarals book and the official case files released to all and sundry, albeit the files only being partial information. Unfortunately my memory is not perfect so I cannot rely on my interpretation of the facts.

    In this respect can someone please tell me what difference there is between the two. If Mr. Amarals book contains the same investigation details as that of the official police files released into the public domain then how can one be detrimental to the Mccanns and not the other.

    Is the central court in Portugal next going to withdraw the case files from the public domain and forward to the Mccanns lawyers? Somehow I don't think so.

    If my thoughts are on the right track then it makes this court ruling a complete joke!

    ReplyDelete
  42. So she is the one ! Thanks for that confirmation, Antonio Caldeira.

    "Amelia Puna Lupo (não é "Loupo") é a juíza que atribuíu a indemnização de 100.000 euros a Paulo Pedroso por erro grosseiro na prisão preventiva. Uma decisão criticada ubiquamente como absurda."

    I've read she did proceed secretly, as in this case... I've read also that judges called "Amélia" make a point that this Amelia's first name is followed by all the others, to avoid confusion...

    ReplyDelete
  43. Actually the full name is Amélia Maria de Matos Puna Loupo, Juíza auxiliar, na 13.ª Vara Cível de Lisboa.

    ReplyDelete
  44. McCanns' Anger Over Police Interview
    Updated: 11:07, Sunday August 12, 2007

    Madeleine McCann's parents were not told by Portuguese police that the man leading the hunt for the missing girl would go public with his belief that the youngster was dead, it has emerged.

    Madeleine McCannA family friend said it was "extraordinary" the police had "not had the decency" to tell the couple they now believed Madeleine could be dead before giving interviews to the media.

    Speaking on the 100th day of Madeleine's disappearance from an Algarve hotel, Chief Inspector Olegario Sousa said he believed the four-year-old may not be alive.

    The acknowledgement threatens to open up a rift between the McCanns and police.

    The senior officer's comments appear to contradict the message that the McCanns, from Rothley, Leicestershire, have been receiving from investigators.

    On Tuesday, Mrs McCann said police had told her only the previous week that they were "looking for a living child".

    But Mr Sousa said new evidence suggesting Madeleine was killed was being investigated with "intensity".


    Police insist McCanns are not suspects"In these past few days, there have been some developments, and some clues have been found, that could point in a possible death of the little child," he said.

    Sniffer dogs last week discovered blood specks on a wall in the McCanns' holiday flat in the resort of Praia da Luz.

    The samples have been sent to Britain for DNA tests, which are expected to be returned early this week.

    Mr Sousa also said the McCanns and the seven friends with them on holiday when Madeleine disappeared on May 3 were not considered suspects.

    That contradicted unconfirmed reports in Portuguese papers last week suggesting they were now under suspicion.

    The McCanns yesterday attended a poignant service for Madeleine and other missing children in the church of Nossa Senhora da Luz in Praia da Luz.

    Clutching her daughter's favourite soft toy, Mrs McCann made an emotional appeal for people to keep supporting her and her husband through their "journey of hope".

    - - - - - -
    100 Days: Madeleine 'Might Be Dead'
    Updated: 20:23, Saturday August 11, 2007

    The Portuguese police chief leading the hunt for Madeleine McCann has said for the first time she may be dead.

    Sad milestone for familySpeaking on the 100th day of the girl's disappearance, Olegario Sousa said new evidence had given weight to the possibility she may have been killed.

    "In the past few days there have been some developments, some clues that have been found that could point to the possible death of the little child," Mr Sousa told the BBC.

    He also said her parents Kate and Gerry McCann were not being considered as suspects despite reports in Portuguese papers that they had something to do with her disappearance.

    A spokesman for the McCanns said they were continuing to hope and pray their daughter is alive, and welcomed the confirmation that they are not being treated as suspects.

    The news came as they attended a special church service in Praia da Luz to pray for her on the 100th day since the four-year-old disappeared.

    The sad milestone has been marked amid claims of tensions between Portuguese police and the McCanns.

    It coincided with some Portuguese newspapers claiming detectives are checking if she died in the family holiday flat.

    Responding to the "very hurtful" newspaper reports, the McCanns said they would not be "bullied" into leaving Portugal by the growing backlash.

    They are spending today in Praia da Luz with their two other children in defiance of claims by Robert Murat's lawyer that many of the town's residents want them to leave.

    Meanwhile, back in the UK, the 100th day is being marked by a series of events, including prayer services, and publicity videos at sporting events.

    ReplyDelete
  45. From The Australian...There are several reports where the Mccanns themselves accept that maddie is dead...Therefore why are they laying into Mr.Amaral...

    xxxxxxx

    Maddie is probably dead, McCanns admitFont Size:
    Decrease
    Increase Print Page:
    Print From correspondents in London | October 17, 2007
    Article from: Agence France-Presse
    THE parents of missing British toddler Madeleine McCann say they have accepted that she is probably dead.

    Gerry and Kate McCann's spokesman Clarence Mitchell said: "Kate and Gerry are realistic enough to know that there is a probability she is dead.

    "They have not given up hope that she is still alive and is being looked after somewhere. But human nature is that you always fear the worst and they need to know what has happened."

    Mr Mitchell said a computer used by Gerry McCann, who along with his wife is a medical doctor, which was reportedly seized by Portuguese police, would be of no use to detectives.

    According to Mr Mitchell, the computer that was taken was "gathering dust" in the family's holiday apartment in Praia da Luz, Portugal, from where Madeleine went missing on May 3.

    When the couple returned to Britain, they left the computer in the apartment, he said.

    While the search for Madeleine had involved 100 police at the height of the investigation into her disappearance, the team has since been reduced to six people.

    Madeleine, who would be four now, disappeared while she slept in the room of a hotel complex in Praia da Luz with her younger twins.

    Their parents dined at a restaurant nearby.

    The parents were named as formal suspects on September 7 and have since returned to Britain from Portugal.

    According to the McCann family, Portuguese police suspect Mrs McCann may have accidentally killed Madeleine.

    The couple have strongly denied any involvement.

    Mrs McCann reportedly told her own parents that the reason many people didn't feel sympathy for her is because she was too good-looking.

    The Liverpool Echo reported that Mrs McCann said that many people thought she did not look motherly enough.

    “If I weighed another two stone, had a bigger bosom and looked more maternal, people would be more sympathetic,” Mrs McCann reportedly told her mother.

    In an interview with the newspaper, Maddie’s 61-year-old grandmother Susan Healy said that her daughter and son-in-law were guilty of no crime.

    “Kate is a very sensitive, caring person and one of the most maternal people I know – she puts me to shame,” Ms Healy said.



    IRONSIDE

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  46. Sydney Morning Herald...

    Maybe just the loophole that Mr Amarals lawyer needs...


    xxxxxx

    October 17, 2007 - 10:00AM

    The parents of missing British toddler Madeleine McCann have accepted that she is probably dead, their official spokesman admitted for the first time.

    Speaking to reporters, Clarence Mitchell said: "Kate and Gerry are realistic enough to know that there is a probability she is dead.


    IRONSIDE

    ReplyDelete
  47. I believe people will still fight for justice for Madeleine and the truth will come out eventually. It only needs one person with a conscience to crack the case wide open and that will come sooner rather than later, I know this for a fact. The walls are crumbling already...'TRUTH WILL OUT'

    ReplyDelete
  48. i say let the mccanns keep digging ,the hole is getting bigger by the day and lets not forget about the tapas 7 as they could put an end to this any time they choose

    ReplyDelete
  49. Do we know with 100% certainty that the copyright for an English version has not already been sold to outside of Portugal, quite recently before the injunction, but possibly not reported in the media ?

    Would the injunction not be applicable in say USA, as it possibly appears not to be for the rest of the different language versions in Europe. ?

    ReplyDelete
  50. "Maybe just the loophole that Mr Amarals lawyer needs..."

    Ironside,

    that is something G.Amaral has written on his book - it's on the chapter where he speaks about the South-African chap that claims has a machine that can locate dead bodies - Amaral states on the book that it was the McCanns who suggested first that Madeleine could be dead... perhaps the judge should have read the G.A's book, intead of her check book...

    ReplyDelete
  51. http://www.youtube.com/watch?v=oFpmLwS2FEE


    Listen very closely to this..there was one night when madeleine came to...not woke up...Came to...this is a medical term as came to from sedation....


    IRONSIDE

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  52. "Acha que temos uma democracia a sério? Olhe, eu queria uma democracia como esta: o senhor Olmert, primeiro-ministro de Israel, foi acusado de se ter abotoado com uns dinheiros. Vai ser julgado. O presidente da República envolveu-se num escândalo sexual. Foi despejado. O senhor Nixon fez aquela pantominice do Watergate e foi-se embora. Uma democracia tem de ter um sistema judicial que funcione. E em Portugal? É o Freeport, são os sobreiros, os submarinos, os bancos... Tudo! Em Portugal, o Poder não quer que a justiça funcione. porque isso lhe trará dissabores."
    http://clix.visao.pt/isto-parece-o-estado-novo=f528470

    ReplyDelete
  53. Sabera Gerry, porventura quando eu e milhoes de pessoas deixaram de procurar Maddie, pelos aeroportos, ruas, centros comerciais, hoteis e todos os lugares por onde passamos? NO FINAL DE MAIO DE 2007.
    E a culpa porque deixamos de a procurar foi unica e exclusivamente dos pais, da sua campanha mediatica e do seu comportamento tao pouco condizente com a dor de uns pais que acabaram de perder uma filha.
    Deixamos de procurar Maddie, quando nos chocados pelos acontecimentos tentavamos so ssegar os medos dos nossos filhos enquanto eles faziam jogging, jogavam tenis, se desfaziam em entrevistas e conferencias de imprensa nos canais mais mediaticos do mundo, com textos e imagens milimetricamente programados por assessores de imprensa e de imagem. Nos procuravamos uma crianca desaparecida e " prendiamos" os nossos filhos a nos com medo de os perdermos em qualquer distraccao. Eles deixavam os gemeos na creche do hotel de onde diziam ter deasaparecido a filha e ao mesmo tempo promoviam a sua imagem como um produto de marketing e auto-promoviam-se.
    Quando deixei de procurar Maddie, nao sabia quem eram os investigadores responsaveis pelo caso. Nao conhecia a imagem de G. Amaral, nem nunca tinha ouvido falar dele, muito menos conhecia o livro. Para mim, Olegario de Sousa personificava a investigacao porque era o Porta-voz da PJ.
    Quando li o livro, percebi que adoptei a medida certa no dia em que convenci os meus filhos que e mais provavel termos um acidente dentro de casa do que um raptor entrar pela porta do quarto e faze-los desaparecer da cama sem rasto.
    COMO VE GERRY- Nao foi o livro que me fez deixar de procurar a sua filha, foi voce e o seu comportamento tao artificial.
    Lembro-me de imagens vossas que retive dos ecrans da TV, feitas milimetricamente para cativar o publico: Voces a lerem historias aos gemeos, a servirem-lhes o almoco ou o pequeno-almoco ( salsichas com sweet beans), a brincarem com carrinhos. E pensei, porque e que isto tem de ser noticia? Porque e que eles precisam de mostrar isto ao mundo? Porque e que tem de mostrar ao mundo, acontecimentos banais, comportamentos banais que todos os pais tem diariamente com os seus filhos, como se fossem momentos extraordinarios? SO PODIA SER COMPLEXO DE CULPA, REMORSOS, PELAS HORAS QUE AQUELAS CRIANCAS PASSAVAM SEM OS PAIS MESMO ESTANDO DE FERIAS, ou era apenas mais uma estrategia de Marketing bem planeada?

    Foi um dia negro para a democracia portuguesa, este em que a censura voltou claramente a ensombrar os nossos dias.
    Deixo aqui um convite a outros bloggers para escreverem o que sentem e quando deixaram de procurar Maddie. Temos todos de provar a esta juiza que o argumento de Gerry nao faz sentido. Ninguem deixou de procurar a filha por causa do livro ou da tese de Amaral, que afinal mais nao e, do que o que esta nas files da PJ.
    Quando muito, o livro tera prejudicado o Euro-milhoes do Fundo. E sobre este Fundo ainda toda a historia esta por contar, merece concerteza outro livro.

    ReplyDelete
  54. Publicity like this can't be bought. This brings the book further into the international limelight.When this is taken into court - as it seems we are edging towards, the weird control by the McCanns will start to slip.
    Their self-manufactured celebrity is not going to protect them forever.
    Incidentally, when the copies of Sr Amaral's book starts appearing in the second-hand bookshops in Portugal, will they be similarly banned?
    Lapa

    ReplyDelete
  55. Transcript of U tube video...

    Transcipt of U tube video...


    Kate.

    I cannot love madeleine more than I love her, you know, I would never...have taken a risk it was something that was'nt...it wasn't even a decision, thats how safe it felt, you know.


    Mccann

    What information did we have to suggest it was'nt going to be safe? we were dining ( 15 or 50 ) yards away, we were making regular checks, we were going into the apartment, all was quiet everynight..and if we had thought it was unsafe for a minute, if there was any concious element that somebody was going to go into that apartment and steal your child, then of course we would'nt have done that.

    QUESTION

    But it was'nt just a matter of being unsafe was it? . I mean was it, is it the case ,you can clear it up right here and now. Was Madeleine upset the night before about being left alone, had she had a moment and got out of bed and started crying and started looking for you?

    to be continued.



    IRON

    ReplyDelete
  56. Transcript. cont.

    Kate

    I mean I don't want to dwell on it too much . i don't know if you saw the documentary last night but I mean I have thought about it, madeleine made a comment umm in passing that umm where were you when I cried, not just to mummy by the way just generally (very shaky voice) umm it just seemed a bit odd, I mean it was very kind of passing remark and we just thought she does'nt usually wake up and she woke up that means that...you know, she must have fallen back asleep very quickly umm and then she moved on and then she moved on.

    Mccann

    Anybody with young children will understand that children cry, they wake up at night . during that week there was one night err and we can't give too much detail because its part of the investigation but there was one night when madeleine had come to...and one of the twins was crying. So, you know and when she did mention to, it to us and we asked her about it and she just talked and she was completely fine and we thought was it when we were bathing, getting them you know first putting them down and that came when they were really tired. Of course with hindsight in the context of whats happened of madeleine been abducted its put in a very different light and its put in a very different light to us and of course we emphasize that.

    Kate in Screachy Voice,,,

    If madeleine had'nt been abducted...if madeleine had'nt been abducted...we would never have thought of that comment again.

    End of interview.

    ReplyDelete
  57. Today, Thursday 10th September 2009 and the UK Daily Mail has its only item on page NINETEEN! This is amazing. A small piece, 10cms deep, headed "Maddie detective's book is banned", with a tiny photo of her at 3 years old.
    "A book that clims Madeleine McCann is dead can no longer be sold, a judge in Lisbon ruled yesterday." No longer front page news.
    Lapa

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  58. why did Gerry read from a script?

    why not talk from the heart?

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  59. he might be a cardiologist, but that does not mean he has a heart.

    ReplyDelete
  60. On Gerry's documentary, the reporter asks him who is searching for Madeleine.At that moment he was at his office, at the hospital.
    If I'm not mistaken, he answers that he hopes people are searching for her and I understood he said the police were not.
    His answer was very vague and he did not accuse the police of being responsible for not searching.Even the British police were not searching for her.

    At that moment no word about Amaral.
    And why ban the book if Mitchell classified it as rubbish?

    ReplyDelete
  61. When finally will the McCanns sue the Portuguese police and Justice?
    Was there not the conclusion that the child is dead, her body concealed and evidences are not enough to process the responsibles ones?

    and they may not forget to process the Vatican, that took away Maddie's photo from their site.

    And the PJ took Madddie's photo from their site.

    ReplyDelete
  62. anonymous at 10/09/09 22:59, the PJ still has Madeleine McCann photo on their site. why don't you see the PJ site for yourself

    http://www.policiajudiciaria.pt/PortalWeb/page/%7B2B289EFF-1C3A-43D8-85F4-6499FCFB393D%7D

    ReplyDelete
  63. normally most of us ignore cases like this after a few months, but when Liars keep appearing on TV and newspapers, we cannot forget, never forget

    doctor parents still appearing on TV. they still have Twins, so how long can the truth of the lie be hidden?

    ReplyDelete
  64. About the Youtube video mentioned and transcripted by Ironside, it brought this to my mind: - didn't Kate talk with one of the other women in the Tapas group, don't know if it was Fiona or Rachel, and expressed her fears and concerns about leaving the children alone in an unlocked
    apartm.? Didn't she say something like "do you think we're doing right? Is it ok?", etc. ...
    How does that tally with what they are saying in this video???


    Kate: - ..."I would never...have taken a risk it was something that was'nt...it wasn't even a decision, thats how safe it felt, you know."

    Gerry: - ..."and if we had thought it was unsafe for a minute, if there was any concious element that somebody was going to go into that apartment and steal your child, then of course we would'nt have done that."

    Liars, liars, liars!

    ReplyDelete
  65. Listen very closely to this..there was one night when madeleine came to...not woke up...Came to...this is a medical term as came to from sedation...

    very well spotted IRONSIDE.

    ReplyDelete
  66. I am not as elequent as some of the contributors on this blogg but I am Portuguese and graduated from Law school in London. I am appalled at that judge's decision. This whole saga is beginning to look to many more and more like a farce and a fix. What is going to stop (1) a foreign company publishing that book abroad or (2) Amaral going abroad and writing 'another' book on the very same subject and have it publish there?
    Congratulations, Joanna. Absolutely fantastic blogg.
    God bless Amaral.

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  67. I cannot expect honesty from Gerry McCann but if he were, he would state that people simply do not believe they are innocent in the disappearance of Madeleine. Because that is the plain truth of it. Their story of Maddie's abduction by a stranger is without evidence to support it.

    Goncalo is entitled to his opinion but it is not one with which everyone agrees, even if they have read his book.

    For me the more important part of the book is is demonstrating the conduct of the McCanns, rather than the thesis of Goncalo which I do not find credible. It is the evidence itself that damns Gerry McCann, the lies he has told. The insistence on a window being opened and a shutter being jemmied which the police dispel in no uncertain terms. The main is a liar and he was involved in the disappearance of Madeleine. On that there cannot be in any doubt.

    I think the judge made a fair decision, Goncalo would have better to stick to the evidence, rather than relying upon the uncorroborated markings of the dogs. This is not evidence and it never has been.

    Gerry is not concerned by people saying they somehow killed Madeleine. If he was he would not have allowed both the Daily Express and Goncalo to say this for a year prior to doing something about. Gerry McCann is concerned with making money out of his own disposal of little Madeleine and that is precisely what he is about. There are no words for such a man. But the McCanns have to be dealt with by the Police and no one else. There is no other Justice.

    ReplyDelete