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

McCanns appeal to the Supreme Court to forbid Gonçalo Amaral’s book

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.

Isabel Duarte, lawyer to Gerry and Kate McCann, who were in Lisbon today, asserted that the appeal was delivered at the Supreme Court of Justice on the 5th of November, requesting the Appellate Court of Lisbon’s decision dated October 19 to be annulled.

In the appeal, the lawyer argues that the Appellate Court “did not take into consideration facts that have never been questioned throughout the process” and stressed that “those elements were not analysed” by the higher judges, in order to annul the Civil Court of Lisbon’s decision after the injunction that was requested by Madeleine’s parents.

“The Appeallate Court did not take into account that the book was made to make money, to deepen the McCann couple’s pain and to damage the investigation”, stressed Isabel Duarte, who has not yet returned Gonçalo Amaral’s book to the publishers Guerra & Paz, for the former inspector’s work to return to bookshops.

The lawyer, who is the trustee of the book copies as ordered by the Civil Court, said that “nothing will force her to return them until there is a final decision” from the Supreme Court of Justice.

In January, the Civil Court of Lisbon tried the injunction that had been requested by the McCanns (temporarily decreed on the 9th of September) and decided to uphold the prohibition to sell Gonçalo Amaral’s book and forbade the former Judiciary Police inspector from giving interviews, both in Portugal and abroad.

Afterwards, the Appellate Court decided in favour of Gonçalo Amaral, who in his book defends the thesis of Kate and Gerry McCann’s involvement in the disappearance of their daughter in May of 2007, in a tourist apartment in the Algarve.

Apart from this process, Kate and Gerry McCann filed a lawsuit against Gonçalo Amaral over defamation, in which they demand compensation of 1.2 million euros, and another one over violation of the judicial secrecy.

Madeleine McCann disappeared on the 3rd of May, 2007, in an apartment in a tourist resort in Praia da Luz, Lagos, where she was spending holidays with her parents and two siblings.

As coordinator of the Judiciary Police’s Criminal Investigation Department in Portimão, Gonçalo Amaral was a member of the investigating team that tried to find out what happened to the little English girl.

Kate and Gerry McCann, who have always maintained the position that Madeleine was abducted, were made arguidos in September 2007, but ended up being cleared in July 2008 due to a lack of evidence to sustain the hypothesis of the child’s accidental death that had been advanced by the investigation. Thus the Public Ministry filed the process, which may be reopened if new consistent data concerning the child’s disappearance arises.

in Jornal de Notícias 10.11.10


  1. Pain -what about Madeleine's pain and the twins when these three babies were left night after night crying (the Mcanns word) and abandoned all day in the creche.
    Where do these people - sorry Mccans - they can't possibly be human - get the arrogance to persecute and denigrade the one man and the nation who dared to look for their daughter when she supposedly "was abucted" while the Mccanns and the Tapas 7-9-11 "hid from the dark"

  2. This is yet another ploy to distract from the word the McCanns can't bring themselves to contemplate.


    Meanwhile, 'The Truth of the Lie' is coming to a town near you, GASPAR STATEMENTS and all.

  3. Look at the poor distressed parents! One cannot but pity them, really! Such anguish, such raw pain in those faces...suffering from permanent anxiety, wasn't what they claimed to the judge...?!
    Feel like slapping them silly!

  4. Maybe they could help relieve their 'suffering' by requesting the case be reopened and getting it solved. Possible this is the solution the judge would offer them with no book burning or taking away freedom of speech.

    Most people are under the impression they want the case reopened, they have done enough bleating that no authority is working on the case.

    Careful McCanns you may get what people think you have been wishing for. How will you spin that?

  5. After many years of University and after practicing laws, Isabel Duarte went as low as Kate, in intelligence.
    It is contagious.
    Who is damishing the investigation?Amaral?
    But who did not answer the 48 questions? I guess Amaral too.
    If the McCanns were so interested in the investigation, why did they leave Portugal 48 hours after being made arguidos?They should have stayed in Luz, helping the police.
    They never did it.
    Amaral making money? At least he worked for it and did not cheat people in the UK to make him rich.
    The book written on purpose to make the McCanns fell more pain?
    What about Madeleine's pain at the last moments of her short life?
    How come this stupid conclusion of damishing the investigation?
    Did the McCanns ask for reopening of the process and the book disturbed the reopening?
    As far as I know, the investigation is frozen till the parents request for reopening of the process.

    But they don't want that, do they?
    They want money.

  6. Their lawyer is refusing to release those books in her custody! WTF!

    Knowing the law and breaking the law, Amaral lawyers should sue her.

    How can she say she is not releasing until they appeal?

    Did the publisher or Amaral refuse to hand the book over until their appeal? By her logic, team Amaral should have held onto the books.

    What a ridiculously stupid and arrogant lawyer Isabel Duarte is, just like her infamous client. No wonder...like atrracts like.

    I hope team Amaral holds her responsible for lose of profit and legal costs.

  7. How do these dreadful people, (not just the McCanns but the people like Duarte and others who assist them in their charade) sleep at night?
    Are they not haunted by the image of that poor child who has been so badly betrayed?
    I truly despair of some members of the human race.

  8. The mccanns had better find a hole and hide, the end is near for them.

    I wonder whether they have a say in the libel case hearing date. Anyone knows? The sooner the case is heard the better.

    Their pain? What pain? They were laughing their heads off at Maddie 4th b/day during their walkabout. Team Amaral should produce that photo to the Court when mccanns moaned about their pain as proof that their pain is not about Maddie, but about themselves. They fear being exposed.

  9. Their lawyer must realise the money the McCanns are using for their first class upmarket lifestyle and PR, lawyers, image consultant, etc, is being given by people who have no idea it is not being used exclusively to search for Madeleine. These people are trusting, knowing nothing of the true conclusions reached by the investigators that there was no abduction and Madeleine died in the apartment. The dogs also, have never been wrong.

    Can Isabella truly believe these are parents who are doing everything possible to search for their child when so far they have hired people totally unsuitable for the job, some of whom are now in prison?

    Or, as long as she gets paid, is that all that matters?

    Yes, Isabella, the little girl the McCanns 'lost' is dead and the tears you will no doubt have seen are genuine, but to continue aiding this fairy story of theirs that Madeleine was abducted is clearly wrong. I do not believe you are so foolish a woman to believe that. So much harm has already been done to innocent people, as well as Madeleine, it has to stop.

    Walk away before you are swept under also.

  10. Whether the motive for writing the book was or was not for financial gain is irrelevant. What is relevant is the veracity of the contents of the book. The Appeal Court adjudged that the facts in the case file and the purported facts in Mr. Amaral's book are one and the same, does Mrs. Duarte disagree?

    It's interesting that Mrs. Duarte never brings up the Gaspar statements. If I was in Mr. McCann's position and someone such as Mrs. Gaspar intimated that I was some kind of pervert, I would be screaming bloody murder. I would sue Mrs Gaspar and I would then ban Mr. Amaral's book on those grounds. However, Mr. McCann doesn't want to broach the subject does he, either he can't disprove Mrs. Gaspar's claims or if he can, he just doesn't want the bad publicity that comes with trying to. Image is everything isn't it, Mr. and Mrs. McCann.

    "nothing will force her to return them until there is a final decision” from the Supreme Court of Justice."

    Mrs. Duarte has been hanging around the McCanns far too long; she now believes that she is also above the law. I suggest that Mr. Amaral ask the authorities to enter Mrs. Duarte's premises and retrieve what is rightfully his.

    Let's hope Mrs. Duarte and company haven't contrived something similar to that which resulted in the ban of the book. My guess is that this manoeuvre is nothing more than an attempt to delay the inevitable, i.e. the release of the "Truth of the Lie" in Britain.

  11. "The Appeallate Court did not take into account that the book was made to make money, to deepen the McCann couple’s pain and to damage the investigation”, stressed Isabel Duarte

    That lady is a joke- What is the Fraudulent Fund, set by your clients to pay shameful people like YOU?-- WAS MADE TO MAKE MONEY, TO DEEPEN THE MADELEINE'S PAIN AND TO DAMAGE THE INVESTIGATION.

    You are worried: Soon will be no coins to pay your services and after all your disastrous show-up in the Media, your country did not love you. Your name will be forever connected with the most shameful cover-up of a crime against a fragile child. Nobody will forgive you for what you have done against a child and against your own country, your own people. Say thank you to Rogerio Alves and Pinto de Abreu. They jump out on time. You still driving the wrong wagon. ADVISE YOUR CLIENTS TO FILL THE FORM AND REOPEN THE INVESTIGATION. LET THE INVESTIGATION JUDGE THE BOOK. IF THE BOOK IS A LIE, LET THE INVESTIGATION PROVE IT. STOP TRYING TO FOOL PEOPLE. YOUR STRATEGY IS OVER.

  12. Mrs Isabel Duarte, what are:

    -T Shirts showing Madeleine's face advertised as 'High quality cotton',
    -Green and yellow rubber bands.
    -Luggage packets,
    -Posters of the little girl to be downloaded contra-payment,
    -Mobile screen pictures of the girl to be downloaded on the same way as the posters?

    ALL FOOLING THE BRITISH FISCAL SYSTEM SINCE NO ONE OF THAT ITEMS PAY TAXES, no matter Gerry assuming in an interview that they run the Fund like a small business.


    Shame on you!!!

    I'm Portuguese and if the Supreme Court accept your appeal and the book end up banned again, I definitely will believe that there is corruption surrounding that case and some judges were permeable to corruption (money). IF SO, THIS JUDGES DON'T DESERVE TO SEAT ON THE CHAIR THEY WERE SEATING AND MUST BE BANNED FROM THE PORTUGUESE JUDICIAL SYSTEM. The country deserves people who defend our dignity.
    You pretend to appeal to an International Court? Good for Madeleine. I wish, you do that step. Go there. The international Court will slap on your face the TRUTH- Reopen the case and prove that the investigation (the book) was wrong. You will be reduced to your insignificance and your clients obliged to mush their arrogance and explain where went the money donated by people from all over the world. International donations must be investigated by an International investigation.

  13. Agree with you Guerra. This is a strategy to delay the book in UK. Isabel D. Knows how slow is the judicial system in Portugal. Look at what happened with Casa Pia. They still delaying the effective application of the charges with appeals.
    I hope that time the Court work quickly and vaccinated against pressures and corruption.

  14. i am keeping log of all the players in this cover up!
    I hope all are doing the same.
    When this case is re-opened and justice has been done for Madeleine.
    I hope journalists will track down all these helpers and ensure they are exposed.
    I will most definately be pushing for that.
    They have had time to right their wrongs and have not.
    They will regret that in terms of the PR that is slowly tracking them.

    There will be nowhere to hide.
    buy your boltholes now.....1,2 Freddies coming for you!

    The biggest corrupt scandal ever!


    33 so far and still more time capsules to be buried....with copies of files, and letters sent on FOI, Government replies etc.

    I hope others do the same.

    i cant trust the journalists of my country, so as a angry working class man, its one way i can fight back and hopefully leave a legacy.

  15. Can anyone explain to me how this obstructive course of action would prevent an English version from being printed and distributed in a matter of weeks, even days,if a publisher was willing?

  16. We must e-mail the Supreme Court, asking them to reopen the investigation. Our Generation is far away from the dark time when people were silenced, books forbidden and burned to avoid the big public to be informed. We should not let this game go on. What we can lost, as citizens, is not only the True information regarding one of the biggest crimes in our time... we can lost freedom of expression in other situations. We can be prevented to have independent and correct information just because that information did not serve the agenda of a small group of individuals. We can lost democracy, equality.
    Mccann's are playing a dangerous game against the world. Don't tell me that what move them is the protection of their image and their childs. If that was the case, they should never ever invited the Media to went inside their life's and they should never ever assault our houses trough the screens of our TVs asking money to search a girl about which they fail all the skills, as parents. They fail the reconstruction, they fail the answer of important questions, they hire criminals to search their daughter in detriment of a legal investigation done for free. They invented a story fuelled with negligence to cover the real crime. I don't believe on any negligence in PDL. Why they bring it to light and defend it so strongly? Answer this. Reopen the case.
    Reopening, Yes. Gagging, not.

  17. This book would probably not have made a great deal of money, if they had not brought so much attention to it. If more money than expected was made, that is their fault, as everyone knows when you try to ban something it makes people want it all the more.

    If people remember the fuss over the Satanic Verses, hardly anyone would have heard about it if a fatwa had not been declared on the author. He has most definitely become more famous due to this.

    The same principle applies to this book. It's more famous for the fuss, than the contents and that is entirely down to them.

  18. Hahahaha Mrs Duarte throws a tantrum! How very professional and dignified - NOT! The book costs approximately 12 euro, can you actually imagine what "fortune" Mr Amaral made out of this? At least he worked to produce a book. The McCanns received millions doing absolutely nothing!

  19. Great! this is becoming nasty....like the mccanns.
    On the other hand,they are asking for the stick to be beaten with.

    "In the appeal, the lawyer argues that the Appellate Court “did not take into consideration facts that have never been questioned throughout the process”.
    Yes? so may be this time,YOU will be asked to go back to Lisbon and not to pray but to answer the questions YOU did not answer in order to "clarify" what has not been clarified by the judges....gosh! what a mush you are in....! pray,pray ....for money

  20. McCann and Duarte have different goals.
    Duarte is in her late fifties and found a couple of narcissistic idiots to boost her pension fund with large amounts of cash. Win or lose she gets paid all the same.
    The McScum want to delay everything and avoid reopening of the case at all cost; in the meantime useful idiots are still sending them money if some of the comments on their ridiculous "petition" are to be believed.

  21. I am not worried.The Appallate Court will not annulate its decision.
    Gonçalo goes by the law and has the law on HIS side.
    The mccanns are above the law(they think) therefore they do NOT have the law on their side.Very plain and obvious difference.
    This appeal is a major mistake and Gonçalo KNOWS it

  22. Duarte appears to have changed her tune, before she was saying the case should be reopened, but now she is tainted with the same brush as the McCanns. If anything proves their guilt it is that after all these days of publicity that no one is looking, they go to Portugal and dont request the opening of the case. Poor Maddie,what disgusting parents she has. Something now has to be done, we should all write to T.May and just say, look they went to Portugal but did not request the re opening. we should do everything to demand the papers report this after all the sob stories they printed last week. Are the Portuguese and English governments going to permit this abuse to continue, they insult all in authority, its about time action was taken against them. They should both be barred from practising medicine, until the case is closed, especially after the Gasper statements.

    in Re: McCann - v - Amaral
    Lord Justice Cocklecarrot presiding -

    "Oh, I am so sorry, I didn't realise it was you.
    Of course the judgment must be overturned, and all other judgements must be given in your favour,
    because you are so nice and all the others are so horrid
    Case concluded, with costs of five billion pounds awarded to you, anually forever. "

  24. I sent the following to Teresa May, 3 days ago.

    Dear Right Honorable Teresa May,

    I am pleased to hear that the PJ in Portugal are possibly going to reopen the Madeliene McCann case. All the McCanns need to do is send a letter from their solicitors in Portugal to the PJ confirming their interest in the re opening. My concern, and I am sure that you are well read on the case, is that the McCanns seem to only want a transparent review, why many ask. They want to know all the information held by the PJ and Leciester Police, I remind you there was already a court case in which the McCanns sought all documentation from Leciester police, they did not recieve all. Niether has all documentation by the PJ been put in the public domain either. I ask you why are the McCanns so special that they can demand to see all information regarding the investigation? Why have they been allowed to open and continue to run a fund that has almst used 2,000,000+ pounds that all though it roughly subheads where the money supposedly went, but little back up to prove it. Once again the McCanns are out with their begging bowls, when over this this past year or two(see C4 interview-The Fund) they could have at any time, requested the case be reopened, this is free and would not require a fund, publicity agents,top rank lawyers for protection and of course suing others (such as the ex head police officer Dr Amaral) May I remind you the McCanns were never formally cleared, the were released from aguido status when the case was tempory shelved through their, and the rest of the holiday team, refusal to take part in a reconstruction, and for Mrs McCann to answer the 48questions. These 2 items assist in the search so why did the McCanns and their friends refuse. If your child is missing one takes every step possible that may assist in finding that child. Meanwhile the McCanns have blamed everyone for lack of action, the PJ,the UK government,Leciester Police, your good self, and others. Many are pleased that the sensitive report the Home Office has was not handed over to them. It is not normal proceedure, for confidentail files to be handed over to what were suspects, or anyone apart from the proper authorities. The petition the McCanns are running on the internet, gives false information, email addresses are not verified, and people sign as anonymous. All this is a waste of time, a deflection of what should have been done a long time ago, especially as they have been in Portugal many times to attend court in the Banning of Dr Amarals book, and now they await a liable case in which they intend to sue him for 1.2,000,000 millions of euros. The McCanns have been all over the newspapers and on TV, stating no one is actively searching, only them. The power to reopen this case has all along been in their power, help the Portuguese Polce with their enquiries, and ask for the case to be reopened, instead of throwing good money after bad (none of it theirs) After all they have nothing to to hide?? The police are experts in their field, and have many facilities, the McCanns are not. For sure the McCanns will not apply for the letter to be sent, and will continue bleating of a review.People in the UK are tired of hearing them blame all but themselves, after all it was them that left 3 children under 4yrs alone night after night. I sincerly hope the investigation is reopened and that you offer some help from the English police, but that all the documentation is kept confidential, and the McCanns do not get control over it. The request for money can then be shelved as currently people are suffering enough financially.
    I do hope you take the time to read this, I am sure your extremely busy, but I thank you in advance.
    name removed

  25. I have just sent the following to Tersa May, a follow up to my other email,printed here.

    To The Right Honorable Teresa May.

    I do hope that you have noted, that the PJ will reopen the case and that the
    McCanns only need to ask via their solicitor. The McCanns were in Portugal yesterday
    did they request the reopening of the case? No of course they didn´t, because this is not what they want, only a review, and more money in the fund to sue the ex Police Inspector Dr. Amaral further.
    Can you not request the PJ open the case?

  26. http://www.algarveresident.com/story.asp?XID=38818

    "But the Appeal Court judges made harsh criticisms that the Civil Court ruling had impinged on Gonçalo Amaral’s constitutional and universal right to express his opinion, in any form, (written, interview, analysis or commentary) about what he had written in the book” as well as “restricting his opinion and freedom of expression”

    Ooooops! :c

  27. The three 'Laughing Cavalier' photos above should have the heading

    "LOVING IT"!!!

    Because they certainly all appear to be!

    And at Madeleine's expense!

  28. Isabel Duarte reputation is ruin by the mccanns.
    If they lose the libel case that will force Isabel retirement.

    Who else wants to hire a hooligan like here.

  29. Anon 15

    Good point.

    Presumably the books they wont give back are not in English, so why the need to wait to go ahead with the distribution of the book in the UK and the US.

    Nobody's permission is required, they are free to go ahead.

  30. :m I think some of you may have missed the point (cough).

    The move by Madame Duarte is actually a very shrewd one!

    As a professional barrister it is her duty to advise her clients to proceed with a counter-appeal.

    Not because the appeal will be of any use to the charming couple but because it will top up her bank account prior to her retirement.

    It is that simple.

    Drink Portuguese! Think like a João Magueijo!


  31. @31,no i dont think some have missed the point we all know that isabel duarte is in it for the ££££££,another one taking money of off Madeleine just like the rest of them,people like her are lower than a snakes belly.

  32. Posre 24,Brilliant e-mail!!Hope you get a reply,I wrote over a month ago ,and still waiting,but recent events are very ,very encouraging ,Isabel,"me thinks you,ve lost the plot."

  33. shame on that lawyer, using madeleine as her retirement fund- revolting.

  34. Anonymous 31
    "I think some of you may have missed the point (cough).
    The move by Madame Duarte is actually a very shrewd one!
    As a professional barrister it is her duty to advise her clients to proceed with a counter-appeal.
    Not because the appeal will be of any use to the charming couple but because it will top up her bank account prior to her retirement.
    It is that simple"

    You are exactly right. Lawyers do it for money. If you pay them they will do whatever you want them to. Their role, and this is a serious point, is not to adjudicate on the facts. It is simply to present their clients' case as well as they are able. To find a legal route by which their client' case may be advanced.

    A lawyer who takes a personal interest in their clients is treading on dangerous ground.

  35. PeterMac

    I thought so too. A lawyer becoming personal with clients is treading on dangerous ground. The counter appeal I can understand her duty to deliver to her clients, but the book withheld is beyond me.

    Why would she risks her neck for them? They cant have final say over her...that's what she hired for - to advise them.

    Anyone knows the counter appeal chance?


    PeterMac at 36

    Madam Duarte seems to be arguing that because an appeal is pending she can therefore withhold the books. She does add the phrase: "only if I am forced" - which means the publishers would need another court order to open her claws.

    Probably what will happen is, the publishers will have more books printed and will charge the McCanns' for damages at a later stage. The book is definitely on sale in Lisbon. Check FNAC.pt for example or Wook.pt

    The Madame's rationale is a contradiction in terms because the book was subject to an injunction even before the trial! A sad day for Portuguese democracy and Human rights.

    Her argument is further nullified by the fact that some time elapsed between the appeal court's decision (which called for an immediate release of the books) and her counter appeal.

    This was no doubt an orchestrated PR move to coincide with the McConns visit to Lisbon...on the aftermath of the three judges decision.

    My gut-feeling is that Madame Duarte has friends in high places in Lisbon legal circles. She is definitely friends with the Minister of Justice.

    I understand the judges who lifted the injunction were from Évora, not Lisbon, so Amaral's final victory is not guaranteed even if the legal arguments of the injunction and the defamation are one and the same.

    WHAT MAY BE REQUIRED HERE IS FOR THE PORTUGUESE PEOPLE AND THEIR ALLIES TO STAGE A MASSIVE DEMONSTRATION against the McCann's gag - like the one the British students did this week. This would take place in Lisbon outside the court during the showdown next year. I am planning to travel from London to be there...

  37. :o Sorry! This is a bit off the mark but I think Dr. Gerry McCann has a rotten tooth! A small molar on the left. Look at the photo.

    Pheew!I nearly threw up the pheasant breast and the fine Rosé I had for dinner...

    :g Madame Duarte de Bovary
    (no connection with the ugly woman)


  39. Another appeal??? Where does the bucket stop?

  40. did not take into consideration facts that have never been questioned throughout the process........

    What facts have not been questioned? the thesis of dead?

    If they were talking about sightings, since when its down to mccanns to decide what police should question?

    If they were talking about police thesis, then shouldnt they cooperate and ask the invesigators themseles.

    What has that got to with the amaral's book.....hes no longer in charge of the case and he wasnt alone in charge either during his watch. Is the entire team work and what ID is alluding to has nothing to do with Amaral or his book.

    I am sure the Supreme court will turn them away...

    The publisher should send a truck to ID place and get the press and tv to go with them and wait until ID herself load all the books onto the truck under the camera of the national tv..

    I am sure under the glare of media..even if she didnt comply she will be put under the spotlight and show up for what a disgrace she is to her profession.....knowing the law yet breaking the law.

  41. Someone in PT should suggest to the publisher to get the press and media to go and interview ID over her decision to hold onto the book,and ask her what does she think of her chance of appeal?

    Ask her why didnt her clients go back and question the PJ themselves why the facts werent questioned. They are the right because they are mccanns parents .....and if they are innocent what's stopping them?

  42. Funny, I would have thought that the Appeal Court Judges' mention of the 'Freedom of Speech' within the context of the 'Human Rights Constitution' would be pretty damning to the course that the McCanns are taking?


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