“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 sleuths and then we would understand what has been the purpose of the fund that was created to find the child. That should 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 some stage, around Christmas of 2007, they went as far as to say the child would be home by that same Christmas. Also around that time they have attempted to create a link between the Madeleine case and another case [Joana Cipriano]. They actually went on to “contact” a lawyer/psychic to make that connection. Such character [Marcos Aragão Correia] was in fact the first to affirm publicly that Madeleine was dead – a statement which triggered considerable media attention. Subsequently, he went on to search for the [child’s] body in the dams of Algarve.
Today one may, or may not, be bewildered to know that the very same illustrious lawyer who is defending this gentleman in an 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, is the very same lawyer of the McCanns.
Let us stop here and reflect a little. Let us recall what the McCanns have stated when I expressed my opinion which implied the child was dead - that I was, according to them, undermining the searches to find her. Now, I will ask you or any other citizen for that matter, this: What could be the reason for the McCanns’ lawyer to defend a person that manifests the idea - an idea which he has expressed publicly - that Madeleine is dead? Furthermore, what was the motive for “Método 3” to contact the lawyer/psychic? Surely, that was not done with the intent to find the child alive.
Do you still believe if one day we will know what happened, beyond a shadow of a doubt, that is?
One day, someone will find a solution that is both, politically and diplomatically correct.
in O Crime, March 1, 2012 | Nº1544, pages 12/13, paper edition only | In Portuguese at Maria's blog, obrigada. [Thank you note: To M. for the precious contribution in the translation]
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.
Justice 4 ALL Madeleine McCann Family” where the members persecute and harass Gonçalo Amaral, other Judiciary Police officers and any member of the public who opposes the McCann couple's version. Forum who has also as a member the Madeira lawyer/psychic, Marcos Aragão Correia, who goes by the nick handle of “Leonor lawyer”.
Gonçalo Amaral goes on the attack
New episodes of the Judicial war with Maddie's parents
- The Complaint for the alleged destruction of 7500 books
- The Review of the evidence
- The Work of the private detectives
Supreme Court turns down McCanns' request
18 Mar 2011 - The Supreme Court judges refused the request for an “exceptional review” of the Appeals Court’s decision, which overturned the injunction that had been filed by Kate and Gerry McCann.The counsellors’ decision may be appealed to the Constitutional Court, but that will have no suspensive effect, which means that Kate and Gerry McCann will have to return every copy of Amaral’s book that they possess. If they do not comply, they may even incur in a crime of disobedience.
Maddie Case: McCanns lose another legal complaint
16 Apr 2011 - The Public Ministry of Portimão rejected a complaint made by Isabel Duarte, the lawyer for the McCann couple, which accused Gonçalo Amaral of giving false statements to the Social Security in order to obtain legal support. The Public Ministry considers that Gonçalo Amaral did not commit any crime.
McCanns appeal to the Supreme Court to forbid Gonçalo Amaral’s book
10 Nov 2010 - The McCann couple has appealed to the Supreme Court of Justice against the Appellate Court’s decision to overturn the ban on the sales of Gonçalo Amaral’s book “Maddie – The Truth of the Lie”, the lawyer that represents the parents of the child that went missing in the Algarve said today.
Lisbon Appeals Court Decision on the McCann Couple Injunction
24 Oct 2010 - This is the English translation of the full text of the Appellate Court decision that recently overturned the ban on Dr. Gonçalo Amaral's book, “Maddie - A Verdade da Mentira”, which has been commonly known to English-speaking people as “Maddie - The Truth of The Lie”
The McCanns' Injunction: Quotes by the Defence Lawyers
24 Feb 2010 - The following quotes come from notes taken in loco [on spot] at the 7th Civil Court, at Palace of Justice in Lisbon, on the day when the closing arguments were presented by the defence lawyers of the four entities targeted in this case and by the McCanns layer.
The Temporary Injunction: Granted on September 9, 2009
4 Feb 2010 - This is a translation of the text of the Civil Court ruling that granted the temporary injunction on Gonçalo Amaral’s book, ‘Maddie – The Truth of the Lie’, and the corresponding DVD. It was issued on the 9th of September, 2009. (...) It should also be recalled that this injunction was granted exclusively based on the evidence that was provided by the Applicants. The Defendants were only allowed to oppose the injunction after it had been granted.
Gonçalo Amaral in Court: Witnesses defend that book results from the Investigation
13 Jan 2010 - The defense witnesses sustained this Tuesday, at the trial about the prohibition of the book "Maddie - The Truth of the Lie" that the thesis of the former PJ Inspector Gonçalo Amaral regarding the McCann couple involvement in their daughter's disappearance resulted from the police investigation.
Censure back in Portugal: Court Bans Gonçalo Amaral Book & Film
9 Sep 2009 - The civil court of Lisbon accepted a restraining injunction by Gerry and Kate McCann and ordered to take from the market the book "A Verdade da Mentira", written by Gonçalo Amaral, which defends the thesis that the parents are involved in the Homicide and disappearance of Madeleine McCann.