26 April 2012

Breaking news: Gonçalo Amaral's book copies to be returned today



The 7.500 book copies of "Maddie the Truth of the Lie" are being returned today to their rightful owners, the book publisher "Guerra & Paz". The McCann's libel lawyer, Isabel Duarte, has finally complied with the superior court ruling that ordered the "immediate return of the books" last month. It should be recalled the McCann couple attempted to ban the book of the first coordinator inspector of the Maddie case in 2009 with an injunction that was deemed as going against the Constitutional rights of Freedom of Expression and Information by the Court of Appeals of Lisbon. More on this later.

«We conclude that the applicants voluntarily decided to limit their right to the intimacy of private life, certainly envisaging higher values like the discovery of their daughter Madeleine’s whereabouts, but upon voluntarily limiting that right, they opened the doors for other people to give their opinion about the case, in synchrony with what they were saying, but also possibly in contradiction with their directions, yet always within the bounds of a legitimate and constitutionally consecrated right to opinion and freedom of expression of thought.

We do not see that the right of the book’s author, the defendant, can be limited by a right to the reservation of intimacy that suffered voluntary limitations by their holders, the applicants.

In the same way, concerning the applicants’ right to image and a good name: upon placing the case in the public square and giving it worldwide notoriety, the applicants opened all doors to all opinions, even those that are adversarial to them.

In any case, we understand that the allegation of facts that are profusely contained in the judicial inquiry and that were even published through an initiative of the Republic’s Attorney General’s Office, can in no way be seen as an offence against the right to image and a good name of the subjects in the process.

Finally, concerning the damage to the right to usufruct from the penal process’ guarantees, namely the right to a fair investigation and the right to freedom and safety, we still cannot understand how it is possible for said rights to be offended by the contents of a book that describes facts from the investigation, although it parts from the interpretation that the Public Ministry’s Magistrates made of those facts, yet offering based, solidly built and logical interpretations.

We thus reach a point where it seems to be important to stress the following: the indicative facts that led to the applicants’ constitution as arguidos within the inquiry were later on not valued by the Public Ministry’s Magistrates in order to lead to a criminal accusation, but those very same facts, seen through another prism and with another base, may lead to a different conclusion from that which was attained by those same Magistrates – those are indications that were deemed to be insufficient in terms of evidence in a criminal investigation, but they can be appreciated in a different way, in an interpretation that is legitimate to be published as a literary work, as long as said interpretation does not offend any fundamental rights of anyone involved – and we have written above already why we understand that said interpretation does not offend the applicants’ rights.

In a concise manner:

The book at stake in this process – “Maddie – the Truth of the Lie” – which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour, as the author points out right away in the preface and throughout his text.

The contents of the book does not offend any of the applicants’ fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic’s Constitution, namely in its articles 37 and 38.

As we arrive at this point, we conclude that the decision that was made by the Court a quo must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.

The appeal by defendant Dr. Gonçalo Amaral is sustained.

The other appeals are not taken into consideration, as it is understood that their appreciation is prejudiced – article 660, number 2, of the Civil Process Code.» Extract from 'Lisbon Appeals Court Decision on the McCann Couple Injunction' October 24, 2012

48 comments:

  1. Fantastic news.
    Now get it on sale in Britain.

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  2. Bravo! Clear, concise, to the point, no obfuscating verbiage - hopefully there's more to come in defence of justice and common sense! :t

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  3. Great news!

    A little late but timed very nicely by Team McCann....right after McCannorama ;-) They are so transparent! However, please print it in English so that I can order copies for family and friends who may also want to read all sides of the story. The money I save on my TV licence should buy me quite a few copies!!! :-)

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  4. its about time amaral had something go his way ..now lets hope more things will go well for amaral

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  5. I imagine these copies will sell pretty quickly! Nothing like a ban for creating an appetite - I remember sneaking into a bookshop, as did all my friends, and buying one of the first available British copies of "Lady Chatterley's Lover"!

    Incidentally, the last 24 hours have been crazy. What the heck is going on?

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  6. Good news at last, Is there a link to where this news came from ?
    Thanks

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  7. Great!! Now for an English translation!!

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  8. Finalmente! Espectáculo!!! Acho que só por isto vou abrir um Quinta do Pégo logo à noite. :i

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  9. Egg meets Face.

    This is very good news and I hope there will be a penalty for non-return of the books last month, as was ordered by a judge.

    The McCanns, through their lawyers, Clarence Mitchell, the UK media and a mottley crew of useful idiots have waged a relentless campaign to humiliate Gonçalo Amaral over the last five years.

    When the book injunction was lifted, one of the army of lawyers retained by the McCanns - Isabel Duarte - declared that they would never return the books.

    Look who's humiliated now.

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  10. When can I get the English version?

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  11. Good news, but will there also be compensation for the time these books were kept from being shelved and resulted in loss of income. I hope so, and the McCanns will not get away with doing things like this to those who have to earn a living.

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  12. Well done Dr Amaral, this is great news.

    Now for publicaton here in England.

    BRILLIANT!!!!

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  13. Great news!! Now come on, Goncalo, find yourself an Anglophone publisher and get it out to the people most in need of it - the Great British Public!

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  14. Joana, are there any chance of demanding damages from Dr. Isabel Duarte for dis-abeyance of a senior court decision?

    Could her license to practice law be revoked, say?

    Surely, the woman is an embarrassment to Portugal! Who the hell does she think she is? Just because she is an employee of the McCanns' does not give her the same royal prerogatives!

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  15. 'Grande Entrevista' com Gonçalo Amaral entrevistado por Judite de Sousa, logo à noite na RTP1, às 20:00, Hora de Lisboa - Agradeço que alguém grave e me envie o ficheiro por "wetransfer.com" para avançar com a tradução em inglês pois o vídeo só é disponibilizado online no site da RTP uns dias depois, muito obrigada. http://ww1.rtp.pt/blogs/programas/grande_entrevista/

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  16. Correcção TVI às 20:00 horas, GMT Lisboa.

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  17. JM: está aqui um vídeo com o C. Anjos , o qual no fim aborda o porquê dos Mcs pretenderem uma reabertura. Prefiro o GA e o HC .......... não estou ainda com muita disposição para tornar a ouvir tudo.

    Gravar, vou gravar mas sei lá se o MAC OS não interfere com os ficheiros. Portanto, não posso prometer.
    Bj.º

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  18. http://sic.sapo.pt/proj_queridajulia/Scripts/VideoPlayer.aspx?videoId={2C451A3F-971E-4DDA-8E6F-7AED09339FD3}

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  19. can we buy it in england soon

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  20. Now we know why the date of the mccannorama was brought forward in such a rush. I just knew it had something to do with Goncalo Amaral's book the way the programme was going last night.

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  21. I'm waiting for this to appear in the UK press...I suspect I will wait a long time. Absolute evidence of the bias in the UK press (as if we needed any more evidence of that!)

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  22. All this nonsense about how she is still alive. Definitely panic in the McCann household. Now that the book is back out on the bookstands, they have a lot to panic about in my opinion. Nothing like a banned book to increase sales.

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  23. transcrição grosseira e incompleta ( tudo se sabe)

    Júlia Pinheiro com Carlos Anjos:

    A infeliz Criança e as manobras dos Mcs.



    JP: uma efeméride e triste…………… as pistas que dizem ser 195…..


    CA: 195 é zero. Podiam ser 300………. Não há nenhuma prova substancial que altere aquilo que está no processo e nem há nenhuma prova que as autoridades inglesas recolheram de UK prove que o que aqui foi feito, estivesse mal feito ; que o processo fosse mal feito ou que os exames periciais feitos não fossem conclusivos. Até por uma razão : é uma coisa que os ingleses não porão em causa ; os exames periciais foram feitas em Inglaterra e não vai questionar….
    É estranho que num País como Inglaterra… eles têm todo o direito de investigar pois desapareceu um cidadão inglês e têm e podem querer ter o direito de investigar. Que o Inspector de UK , o qual ouvi com muita atenção, assuma a proximidade com um dos lados do caso , os pais da Miúda. E o que levou o Governo de UK a criar uma equipa de 37 investigadores com um orçamento inicial de dois milhões de euros só para este caso. Nenhum caso em Inglaterra foi tratado assim .

    JP: será sempre uma interrogação sobre qual a razão para ser um caso de excepção…

    CA: o que eu acho que há …………………… e quem apontou o caminho da morte de Madeleine McCann foram os ingleses …………………

    FICOU NA MENTE de todos que eles têm a ver com o que aconteceu; têm a ver com o caso E AQUILO A QUE NÓS assistimos é uma tentativa desesperada de abrir o processo NOVAMENTE NO RAPTO ; direcionando-o no rapto mesmo que todas as diligências venham a ser infrutíferas, como o Ministério Público disse e bem, há um facto que fica: nesse dia as pessoas deixariam obrigatoriamente de considerar os McCann como suspeitos na morte da filha; suspeitos na morte de Madeleine.

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  24. Good luck SR AMARAL,Iwish you everything you wish for yourself..Thankyou Joana for all your hard work.God bless all of you.

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  25. I have no doubts anymore.
    Madeline's death was premeditated, by both parents.

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  26. Boa, foi a melhor noticia no dia que se segue a comemoracao da liberdade.
    A kate ja deve ter partido alguns moveis la em Rothley e o marido praguejado com aquele mau feitio que ja mostrou na TV espanhola.

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  27. Why doesn't Amaral publish his book in Ireland?

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  28. Anyone else feeling disorientated? (-:

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  29. Apparently next week Gerry is on his way with Mr Redwood to officially ask for the case to be re-opened

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  30. I just watched Amaral on TVI internet.

    The 195 leads that the Scotland Yard wants to investigate come from the privete detectives of the MCCanns.
    I can't believe it, I can't believe it, what a nightmerry.
    How can the Met be so stupid! There are videntes(paranormal people), sightings here, sightings there.

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  31. Wonderful news! Hopefully another strength to strength step for Dr. Gonçalo Amaral.

    Força Dr. Gonçalo Amaral

    zodiac

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  32. Congratulations Dr Goncalo Amaral from your many supporters in the United Kingdom!

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  33. Gonçalo Amaral foi entrevistado no "Jornal das 8" da TVI (hoje, 26/04), infelizmente não fui a tempo, por causa do #*%# futebol, que os homens da casa viam na SIC! Grrr! Felizmente a TVI tem os "Jornal das 8" online em video. O de hoje deve estar disponível amanhã, se entretanto "as bruxas" de uma certa empresa de PR não conjurarem uns feitiços no caldeirão...

    http://www.tvi.iol.pt/programa/4295/videos/156659


    Também se falou das últimas "novidades" no "Querida Júlia", com Carlos Anjos:

    http://sic.sapo.pt/proj_queridajulia/Scripts/VideoPlayer.aspx?videoId={2C451A3F-971E-4DDA-8E6F-7AED09339FD3}

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  34. Peço desculpa a si Joana e também à MC, pois comentei sem ler os comentários já feitos. Só depois e´que vi que já tinham dado conhecimento da entrevista na TVI e do programa da SIC.
    Sorry...

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  35. Video of Pat Brown speaking on tv about the "conclusions" of the SY review, in Anna Andress's blog:

    http://frommybigdesk.blogspot.pt/2012/04/madeleine-mccann-worlds-most-well-known.html

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  36. YOU MUST GET THIS BOOK ON SALE IN THE UK

    IT IS OF THE UPMOST IMPORTANCE........GET IT DONE SOMEBODY PLEASE

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  37. Joana: aqui!

    http://www.tvi24.iol.pt/aa---videos---sociedade/tvi24-maddie-goncalo-amaral-tvi-entrevista/1343996-5795.html vídeo e texto

    http://www.tvi.iol.pt/noticia/sociedade/tvi24-maddie-goncalo-amaral-tvi-entrevista/1343996-4071.html mesmo link mas apenas texto


    Maria

    Bj.ºJM

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  38. I am desperate to buy several copies to leave on trains etc as well as to read myself! Managed to download Pat's book to the kindle before that was pulled - hard copy would be better so can be let EVERYWHERE!!!!!!

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  39. Is there anything to stop this book being published in the UK now? I hope not. How about an official English translation of it to be available free of charge for download online, so that we can all publish links to the official translation on our Facebook pages?

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  40. This was predictable judging the response in the recent press regarding the reopening of the case. Team Mac tried to flood the press with news to smother this story and get one step ahead. Lets see how the British press handle this and more importantly the International and unbiased press.

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  41. Maddie insult
    Last Updated: 27th April 2012
    ARROGANCE is piled on incompetence as Portuguese police snub pleas to reopen the Madeleine McCann inquiry.

    They say they will act only on “credible and relevant” new facts.

    Scotland Yard officers have established no fewer than 195 fresh lines of inquiry and say Madeleine may still be alive.

    Yet Portuguese detectives insultingly dismiss their work and wreck the hopes of Kate and Gerry McCann, who had been “hugely encouraged” by the Yard’s painstaking investigation.

    When 195 new leads are discovered, lack of evidence seems an unlikely reason for this shameful decision.

    Isn’t it more likely that Portugal is deeply embarrassed by the unprofessional way it bungled the search for Madeleine when she vanished five years ago?

    In their eagerness to blame Kate and Gerry, local cops missed crucial clues. Now, despite so much important new information, they ignore what might be a genuine chance of finding Madeleine alive or discovering the truth.

    Have they no children themselves? And have they no consciences? http://www.thesun.co.uk/sol/homepage/news/sun_says/244723/The-Sun-says-Maddie-insult.html

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  42. THE McCANNS ARE A DIFFERENT BREED. A PROTECTED SPECIES

    Anon 39 "Is there anything to stop this book being published in the UK now?"

    I am afraid so. For a start there is still a main defamation trial pending which is centred around the book and no publisher in its right mind would publish it before then and face the wrath of sinister Carter-Ruck (charges £1,500/hour upwards) and normally wins...

    Justice, as we all know, is always served first to the super-rich. Plebeians come last in the food chain...

    Consider for example the cases where people have been charged almost on the evidence of sniffer dogs alone**. Not the McCanns' though. They are a different breed. A protected species.

    Even after Dr. G. Amaral has been cleared (as he probably will) it is unlikely any British publisher will touch the book for exactly the same reasons.

    The McCanns' and their multi-million legal team (paid by a multi-million Fund) will then proceed to the European Court of Human Rights...

    The circus will go on for years AND in the mean time Burson-Marsteller and Lift Consulting (the reputation management PR agencies working for the McCanns') will be spreading the "official version" of events - now embellished with the "incompetence" of the Portuguese PJ in a "review" sanctioned by Scotland Yard on behalf of David Cameron, who was in turn pressurized by Murdoch's tabloid the Sun, thanks, one imagines, to the "good offices" of "Mickey Mouse" Mitchell - the McCanns' spokesperson or "reputation manager".

    Concomitantly, the sinister Carter-Ruck of Trafigura* fame, and their side-kicks in the world will be upholding the "official version" by sheer, brute, legal force.

    Long live the Internet (fingers crossed)!

    BTW, it seems Johanna in Germany was, apparently, the last on-line target of Carter-Ruck and/or their side kicks in Germany. She has deleted all content from her blog and now sticks to "quotes elsewhere" only. Her piece on Jane Tanner's imagined sighting was quite a masterpiece which showed considerable investigative talent. I have saved a copy into my HD for private distribution to friends and acquaintances. I sent a copy to Scotland Yard too but I don't think they were interested. I understand (...)

    http://unterdenteppichgekehrt.blogspot.co.uk/

    Have a nice day and mind your ass-ets... :d

    * http://www.guardian.co.uk/world/2009/oct/16/carter-ruck-abandon-minton-injunction

    ** http://www.dailymail.co.uk/news/article-355586/Sniffer-dogs-key-Abigail-case.html

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  43. JM at 41 "ARROGANCE is piled on incompetence as Portuguese police snub pleas to reopen the Madeleine McCann inquiry."

    :o Don't worry! Pure ideological stuff possibly on behalf of Burson-Marsteller - "Mickey Mouse" Mitchell global reputation management agency.

    Remember it was the publication of the McCanns' letter to David Cameron in Murdoch's Sun that led to Scotland Yard's "review" - more "reputation management" orchestrated behind the scenes by "Mickey Mouse"...

    Let Scotland Yard "walk their talk", follow their "important leads" and the British tax payers pay for it.

    We, the Portuguese tax payers, have had enough of these suckers. Our shopping bags first!

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  44. @43,I for one dont want my taxes to be wasted on bogus mccannmade sightings,i wouldnt mind though, if it was spent on the airfare for mccanns and tapas to fly to portugal for a re-construction.
    please Portugal DO NOT cave into the not so elite SY,you know there was no abduction so DO NOT let the british police tell you otherwise.

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  45. Joana/Astro - Do you happen to know if Johanna's has been carter-rucked? Most of her excellent blog's content has gone! What do you think?
    http://unterdenteppichgekehrt.blogspot.co.uk/

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  46. If Kate McCann is so desperate to have the 'leads' followed up, perhaps she would cough up the money from her book for this purpose.

    No?

    Thought not!

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  47. BOW-WOW!

    @46 "If Kate McCann is so desperate to have the 'leads' followed up, perhaps she would cough up the money from her book for this purpose."

    She is not desperate for the leads to be followed she is interested in dry-cleaning her image and following leads would at least distract the public's attention from those unforgettable dog barks - Eddie's - the cadaver dog, in particular! Just an hunch. No allegations made.

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