Edition 1293
01 November 2014
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Closing arguments in Amaral libel case set for January

by Brendan de Beer, in News · 05-12-2013 15:04:00 · 12 Comments

The closing arguments in the libel case against the former Portuguese police detective Gonçalo Amaral instituted by parents of Madeleine McCann have been set for 7 January by a Lisbon high court.

Closing arguments in Amaral libel case set for January

The Lisbon Civil Court revealed that the final allegations by the legal team representing Kate and Gerry McCann will start at 9.30am.
In this civil case, the McCanns are demanding compensation of 1.2 million euros from Amaral who was the lead investigator for the first six months into the case of the disappearance of Madeleine McCann.
In his book, ‘Maddie: The Truth of the Lie’, Amaral defended the theory that Kate and Gerry McCann could be guilty of concealing a body.
Running parallel to the libel case is an injunction by the McCanns stopping Amaral from selling his book and a DVD which was aired on Portuguese television channel TVI.
The injunction came to force in January 2010, when a Lisbon court ruled the book and video could not be circulated in Portugal.
The decision was later overturned by a Lisbon Appeal Court, and following a counter claim by the McCanns, the Supreme Justice Tribunal upheld this verdict.
Madeleine McCann has been missing since the night of 3 May 2007. The investigation into her disappearance was shelved in July 2008 due to a lack of evidence, but re-opened this year on 24 October by the Portuguese Attorney-General’s Office.
In a statement sent to The Portugal News, the Attorney-General explained: “The Public Prosecutor’s Office has determined the re-opening of the inquiry relating to the disappearance of Madeleine McCann following a proposal by the Polícia Judiciária and due to the presentation of new elements which justify the continuation of the investigation.”
Portuguese police, while conducting a separate investigation, have also been asked to assist Scotland Yard in following up separate lines of inquiry.
The controversial book which runs over 200 pages, was released shortly after the case was closed in 2008 and also saw the former chief inspector resign permanently from the police force that year to, as he put it, unveil the “facts of the investigation”.
Speaking to The Portugal News shortly after releasing his book, Gonçalo Amaral lamented the fact that the case had been closed.
“We should have continued investigating the parents in order to either charge them or rule them out as suspects”, he said in the summer of 2008. “If I represented this couple, I would have insisted that police investigations continue. Not everything we do is to incriminate a suspect. Often a phone will be tapped in order to obtain information that will clear a suspect.”
When questioned over the probability of a lawsuit over the release of his book, he replied: “My book is based on facts. It could be a good occasion to take all the case files to court and compare what I wrote with that which is contained in the files.”
Speaking to The Portugal News in early 2009, Gerry McCann stressed “that there is no evidence that Madeleine is dead and there is no evidence to suggest that Kate and I were involved in any theories.”
Gerry McCann also insisted they would have been legally compelled to be available for a reconstruction due to their status as arguidos, even the motives of Portuguese police were questionable.
“Don’t get me wrong, we had major concerns as to why the reconstruction was being done”, arguing that “the police reconstruction was not aimed at finding Madeleine, but rather to look for inconsistencies. There were 12 or 15 people involved and it is inevitable there would be inconsistencies.”

Comments

I thought the libel trial had been postponed as amaral had decided to present new evidence and this needed to be considered. Does it mean when it re convenes it won't go straight to the summing up as was supposed to happen, will there have to be more of a trial?
by marian greaves from UK on 05-03-2014 05:34:00
The January 7 2014 trial was postponed - does anyone know when it will re-convene? Thank you.
by John Stead from UK on 24-01-2014 02:32:00
Amaral must NOT lose this libel case, to do so would effectively close the door on further investigation. I don't know what's going on behind the scenes in UK, but even my limited experience of police work says there are too many unanswered questions.
by george payne from Algarve on 09-12-2013 09:00:00
Get ém Amaral,the truth is out there.
by Nick from Other on 06-12-2013 09:36:00
Operation Grange should investigate all of the Tapas 9.
The Supreme Court ruled in favour of Amaral, since, according to the Judges report, his book was faithful to the PJ files, and his expertise as criminal investigator for 26 years validated his interpretation of the facts, which "could have been the same by the Public Ministry, had the people that issued the archival report been other".
by N.Z. Martins from Algarve on 06-12-2013 03:08:00
Graham Perry, do not be so ridiculous.
by Julia from Madeira on 06-12-2013 11:28:00
I think you meant to imply that the Supreme Court upheld the Overturning of the original injunction. The McCanns LOST, and had to pay costs. So it is not running parallel. It is over. Dr Amaral won the fight for freedom of speech.
by PeterMcv from Other on 06-12-2013 11:25:00
What exactly is Graham Perry suggesting?

Sounds rather libelous to me, no?
by paul rees from UK on 06-12-2013 11:24:00
Check your facts, Mr de Beer. The Supreme Court threw the McCanns' appeal out. Have you read the Appeals Court's ruling, by the way? It is most interesting.
by Ana Real from Algarve on 06-12-2013 07:50:00
É absurdo processar Gonçalo Amaral, uma vez que este, imbuído do cargo, tem não apenas o direito, mas também o dever de investigar e manifestar suas conclusões ou suspeitas. Gonçalo Amaral apenas fez o seu serviço e diga-se de passagem, nenhum outro melhor que o dele foi feito até hoje
by Carlos da Terra from Other on 06-12-2013 07:03:00
I still feel Operation Grange should interview Goncalo Amaral as a person of interest. Stranger things have happened.
by Graham Perry from UK on 05-12-2013 10:40:00
Are you sure that "the Supreme Justice Tribunal upheld the earlier verdict against Amaral"? That is not the impression I have got. Besides, the book is for sale in the website of the publisher.
by IsabrlPS from Other on 05-12-2013 09:38:00

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Edition 1293
01 November 2014
Edition: 1293

Read this week's issue online exactly as it appears in print.

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