by Luís Fontes
The former coordinator of the Judiciary Police of Portimão Gonçalo Amaral crossed paths again yesterday, at the Palácio da Justiça,in Lisboa, with Kate McCann, who demands in court for a indemnification of one million and 250 thousand euro. In question there are the alleged devastating effects caused by the publication of the book 'A Verdade da Mentira' [The Truth of the Lie], written by Gonçalo Amaral, in her family life and in the searches for Maddie that have [subsequently] ceased.
In the session two witnesses were heard, called by Kate's defence, a psychologist and a lawyer. Seated in an enormous bench, spaced with 10 meters of emptiness between them, Kate and Gonçalo Amaral never looked at each other. But Kate McCann, during one of the morning breaks, managed to see on his way out of the courtroom the former PJ inspector signing a book at the request of an elderly man that was there following the session.
The lawyer said that the book was written with information contained in the criminal inquiry [to Madeleine's disappearance] and that the trial that is now taking place is about the crime of expressing an opinion [original: delito de opinião]. “There never was any formal criminal complaint and I find it very odd that one year had gone by since the publication of the book until a complaint for compensation was made, said Santos de Oliveira, who also recalled that Madeleine McCann's death “is considered as an hypothesis in the archiving dispatch” [see bellow relevant extract]. Santos de Oliveira also told that they had requested for the trial to take place behind closed doors to respect Maddie's memory. The child's parents were the ones who preferred a public trial.
in Diário de Notícias, paper edition, 14 September 2013
«Despite all of this, it was not possible to obtain any piece of evidence that would allow for a medium man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively – the most dramatic – to establish whether she is still alive or if she is dead, as seems more likely.
The Republic’s Prosecutor (José de Magalhães e Menezes)/The Joint General Prosecutor (João Melchior Gomes) in: Processo 201/07.0 GALGS - Volume XVII - pages 4645-4649 (Public Prosecutor's Archiving Dispatch)»
Santos de Oliveira, Gonçalo Amaral's lawyer (00:15): Amaral has the right to publish the book because he hasn't said any lie. And he hasn't offended the personality [rights] of the McCanns or of Maddie McCann, or of their children. What he said lies [is contained] in the criminal case [process/investigation]. He has based all information that he said [used] which are in the criminal case, all of them! All of them!
It's not a thing that he has imagined, okay? He made a conclusion, the book is a conclusion about the criminal case and it's his opinion as an investigator. And if this is wrong then we have to ask the prosecutor that says there's a probability the child is dead.. the most probable... all the things indicate that the child is dead.
We asked to the court to deal with this trial behind closed doors to protect anything about the disappearance of Maddie McCann, because we don't know if the girl is dead or alive. And we asked that, the McCanns opposed that [request] and want the publicity of the trial.
The Archiving of the Madeleine McCann Process: One Year On - Part I
The Archiving of the Madeleine McCann Process: One Year On - Part II
The Archiving of the Madeleine McCann Process: One Year On - Part III
The Archiving of the Madeleine McCann Process: One Year On - Part IV
The Archiving of the Madeleine McCann Process: One Year On - Part V
The Archiving of the Madeleine McCann Process: One Year On - Part VI
The Archiving of the Madeleine McCann Process: One Year On - Part VII
The Archiving of the Madeleine McCann Process: One Year On - Part VIII