Gonçalo Amaral, the former Judiciary Police coordinator who led the investigation into the disappearance of Madeleine McCann, is denouncing the child’s parents, Kate and Gerry McCann, as well as their lawyer, Isabel Duarte, over a possible crime "against public authority", due to their lack of compliance in returning the seized copies of “Maddie: The Truth of the Lie”.
In a formal letter to the DIAP, the Public Ministry’s department for penal investigation and action, in Lisbon, Gonçalo Amaral recalls that the McCanns, through their lawyer Isabel Duarte, were named as legal keepers of 7500 copies of the book, with “the legal obligation to preserve them and to return them intact” in case the injunction that was filed by them was not confirmed by a higher judiciary instance.
After said injunction was overturned by the Appeals Court, Kate and Gerry McCann and Isabel Duarte still refused to return the seized copies of “Maddie: The Truth of the Lie”. In his denunciation, Gonçalo Amaral states his suspicion that “the copies of his book ‘Maddie: The Truth of the Lie’ have been destroyed”, based on the fact that said destruction was initially requested by the couple in their application for an injunction against the book – a request that was denied by the judge who granted the injunction in the first place.
The former PJ coordinator states that Isabel Duarte, the lawyer who represents the McCanns in their civil actions against Gonçalo Amaral, "knows that she should have returned" the copies that were placed under her guardianship, but has failed to do so, he suspects, "because they do not exist anymore".
Gonçalo Amaral further mentions that on the 23rd of May, Kate McCann prepares to launch the Portuguese version of her own account of the “tragic events that took place on the 3rd of May of 2007, in Praia da Luz”, within “the use of her freedom of expression”.
Nevertheless, according to the former PJ coordinator, Kate McCann’s freedom of expression “is based on lies and on offending the Portuguese justice, the Polícia Judiciária, those who have searched for her daughter, the Portuguese people in general and the people of the Algarve in particular”, by “launching lies about the safety, the tourism in the Algarve, and the action of the Police institution, suggesting that the Police in the Algarve covers up sexual abuse of English children, which is completely false”.
Gonçalo Amaral further recognizes that it is not up to him to denounce these actions, but rather a job for those who are in charge of those areas, who “shall respond according to what their consciences dictate”.
Rather, his denunciation focuses on “crimes against freedom of expression and of qualified disobedience” if the destruction or loss of the 7500 seized copies of “Maddie: The Truth of the Lie” by its legal guardians is confirmed.
The crime of loss or destruction of assets under public power, as described under article 355 of the Portuguese Penal Code, if confirmed, is punishable with a prison sentence of up to 5 years.
Broadcast by SIC on May 19, 2011
«On these fundaments, they conclude by requesting the determination of the following measures:
a) The prohibition of sale and the order to seize, for destruction, the books and the videos that are still left at shops or any other deposits or warehouses» in The Temporary Injunction: Granted on September 9, 2009
Portimão - Recorded yesterday
Lower Third: Gonçalo Amaral sends denunciation to DIAP against the McCann couple and lawyer
VO: In his hands, Gonçalo Amaral brings a denunciation that he will send to the Department of Investigation and Penal Action of Lisbon.
Lower Third: The apprehended 7.500 copies of the book written by Gonçalo Amaral have not yet been returned
VO: The Supreme Court of Justice authorized the sale of the book he has written, ‘Maddie, The Truth of the Lie’, several months ago but the book copies that were seized and kept at the guardianship of the McCann couple’s lawyer have not yet been returned.
Lower Third: Supreme Court of Justice authorized the sale of Gonçalo Amaral’s book
Gonçalo Amaral: This is a denunciation made to DIAP, the Department of Investigation and Penal Action of Lisbon, relative to the eventual practise of a crime of destruction of objects placed in public domain. Namely, the 7500 book copies of ‘Maddie, The Truth of the Lie’ of which I am the author, books that were in the possession of Kate McCann, Gerald McCann and their lawyer, Isabel Duarte. They were nominated as trustees when the books were seized, and they had them since September 2009. Decisions by the Superior Portuguese Courts annulled the injunction from which the seizure consequently emerged. Therefore, the books should have been returned.
VO: Without recording an interview, the McCanns’ lawyer confirmed that she is the trustee of the book copies, and as such, she would never destroy something that was entrusted to her by the court.
Lower Third: McCann lawyer says Gonçalo Amaral’s books were not destroyed
VO: Gonçalo Amaral stresses that the legal action taken by Maddie’s parents brought other damages.
Lower Third: Gonçalo Amaral says that legal action taken by couple brought personal and professional losses
GA: What causes a great loss to my family, mainly to my family and to me, are the other arrests in the scope of a main legal action that is ongoing. The seizure of the authorship rights, of the documentary, for example; the destruction of a company as a guarantee [ref. 1.2 million claim made by the McCanns], I had a firm of legal consulting that was ruined by this couple and by their lawyer… There are various things that have, even, prevented me from exercising a professional activity.
VO: With the denunciation on its way to DIAP, Gonçalo Amaral waits now for the return of the 7500 book copies of ‘Maddie, The Truth of the Lie’
Read as well
The Temporary Injunction: Granted on September 9, 2009
Censure back in Portugal: Court Bans Gonçalo Amaral Book & Film on September 9, 2010
Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation on January, 13 2010
The McCanns' Injunction: Quotes by the Defence Lawyers on February 24, 2010
Lisbon Appeals Court Decision on the McCann Couple Injunction on October 24, 2010
McCanns appeal to the Supreme Court to forbid Gonçalo Amaral’s book on November 10, 2010
Supreme Court turns down McCanns' request on March 18, 2011