McCanns take Amaral book fight to the Supreme Court

http://www.algarveresident.com/39073-0/algarve/mccanns-take-amaral-book-fight-to-the-supreme-court

McCanns take Amaral book fight to the Supreme Court



by CHRIS GRAEME

chris.graeme@theresidentgroup.com

The Lisbon lawyer representing the McCann family in their bid to obtain a permanent injunction on a former police chief’s book alleging that Madeline McCann died on the evening of May 3, 2007 in the family’s holiday apartment at Praia da Luz in the Algarve, says they will take their fight to the Portuguese Supreme Court.

Isabel Duarte, the Portuguese lawyer representing the McCann family in the case, confirmed that despite the ruling the book could not go back on sale until a final decision had been made by the Portuguese Supreme Court.

Speaking in Lisbon on Wednesday, November 10, Gerry McCann said that the Lisbon Court of Appeal’s decision to overturn a Lisbon Civil Court ruling earlier this year to prohibit the publication of ex-inspector Gonçalo Amaral’s book Maddie – the Truth of the Lie was “a disappointment and a setback and one battle lost on the way”.

He told the Algarve Resident: “Our attention is focused on searching for our daughter and we can’t lose sight of this objective. This matter has been placed in the hands of our lawyers and has not been definitively decided.”

Isabel Duarte said that the essential facts had “not been called into question” and these in essence were the fact that the book was published to make money, had inflicted pain and suffering on her clients and had impeded the search for Madeleine through the non-proven suggestion in the book that Madeleine had died in the apartment on the night of her disappearance.

The decision to overturn an earlier injunction maintained by a Lisbon Civil Court over the publication of the book was made in September.

Lisbon’s Court of Appeal ruled in favour of the former police chief who led the investigation into the disappearance of Madeleine McCann and his right to publish his thesis into what he believed had happened to Madeleine McCann on the night of her disappearance in 2007.

The appeal judge ruled that the “contents of the book did not offend any of the fundamental rights” of the complainants and “the exercise of its writing and publication is contained within the constitutional rights assured for all by the European Convention of Human Rights and by the Constitution of the Portuguese Republic”.

In September 2009, following a temporary injunction was successfully applied for by and granted to the McCanns against the publication of the book and the distribution of a TVI TV documentary programme, the Lisbon Civil Court maintained the injunction on the sale and distribution of the book and TV recording.

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”.

Isabel Duarte said that she had lodged an appeal on November 5 against the Court of Appeal’s ruling at the Supreme Court of Justice.

If the McCanns lost that appeal, she said, they would take the case to the international courts.

Do you have a view on this story? Email news@theresidentgroup.com

Hmmm it says the story was updated today yet it appears to be the same story as the original from 2010?

This is an old article. The Supreme Court refused to even discuss the case and maintained the decision.

Claudia79 wrote:This is an old article. The Supreme Court refused to even discuss the case and maintained the decision.

That is right. As far as I am aware they weren't allowed to apppeal using the Supreme Court (in March 2011). There is only the Constitucional Court for them. Katey said in an interview in Portugal (in May 2011) that they were still fighting Amaral in the court but I haven't heard anymore on it as yet. Nice to see what the McCanns consider is "searching" and a proper use of their "funds" donations. Isn't it?

Annabel

Thank you for this updated report.

I think its only to say that TM are still a threat. They are no doubt, as we speak, trying to find some way to re-impose the ban.

Angelique wrote:Annabel

Thank you for this updated report.

I think its only to say that TM are still a threat. They are no doubt, as we speak, trying to find some way to re-impose the ban.

Wouldn't be at all surprised. Wonder if these two will get a waxwork in the chamber of horrors?

What's the point of printing that, it's not even November yet.

Claudia79 wrote:This is an old article. The Supreme Court refused to even discuss the case and maintained the decision.

I am very glad to hear that. But how ridiculous for the papers to get their stories so wrong again (as usual)

This is another story that has the appalling stench of Mitchell hanging above it like a yellow leprous cloud.

Poor Madeleine, if the monies donated to the fund had been directed to the search for her...perhaps she may even have been found.

Wallflower wrote:

Claudia79 wrote:This is an old article. The Supreme Court refused to even discuss the case and maintained the decision.

I am very glad to hear that. But how ridiculous for the papers to get their stories so wrong again (as usual)

I suspect the article has been online for a long time and that it has only been updated with today's date.

gillyspot wrote:

Claudia79 wrote:This is an old article. The Supreme Court refused to even discuss the case and maintained the decision.

That is right. As far as I am aware they weren't allowed to apppeal using the Supreme Court (in March 2011). There is only the Constitucional Court for them. Katey said in an interview in Portugal (in May 2011) that they were still fighting Amaral in the court but I haven't heard anymore on it as yet. Nice to see what the McCanns consider is "searching" and a proper use of their "funds" donations. Isn't it?

It certainly is.

Annabel wrote:http://www.algarveresident.com/39073-0/algarve/mccanns-take-amaral-book-fight-to-the-supreme-court

McCanns take Amaral book fight to the Supreme Court



by CHRIS GRAEME

chris.graeme@theresidentgroup.com

The Lisbon lawyer representing the McCann family in their bid to obtain a permanent injunction on a former police chief’s book alleging that Madeline McCann died on the evening of May 3, 2007 in the family’s holiday apartment at Praia da Luz in the Algarve, says they will take their fight to the Portuguese Supreme Court.

Isabel Duarte, the Portuguese lawyer representing the McCann family in the case, confirmed that despite the ruling the book could not go back on sale until a final decision had been made by the Portuguese Supreme Court.

Speaking in Lisbon on Wednesday, November 10, Gerry McCann said that the Lisbon Court of Appeal’s decision to overturn a Lisbon Civil Court ruling earlier this year to prohibit the publication of ex-inspector Gonçalo Amaral’s book Maddie – the Truth of the Lie was “a disappointment and a setback and one battle lost on the way”.

He told the Algarve Resident: “Our attention is focused on searching for our daughter and we can’t lose sight of this objective. This matter has been placed in the hands of our lawyers and has not been definitively decided.”

Isabel Duarte said that the essential facts had “not been called into question” and these in essence were the fact that the book was published to make money, had inflicted pain and suffering on her clients and had impeded the search for Madeleine through the non-proven suggestion in the book that Madeleine had died in the apartment on the night of her disappearance.

The decision to overturn an earlier injunction maintained by a Lisbon Civil Court over the publication of the book was made in September.

Lisbon’s Court of Appeal ruled in favour of the former police chief who led the investigation into the disappearance of Madeleine McCann and his right to publish his thesis into what he believed had happened to Madeleine McCann on the night of her disappearance in 2007.

The appeal judge ruled that the “contents of the book did not offend any of the fundamental rights” of the complainants and “the exercise of its writing and publication is contained within the constitutional rights assured for all by the European Convention of Human Rights and by the Constitution of the Portuguese Republic”.

In September 2009, following a temporary injunction was successfully applied for by and granted to the McCanns against the publication of the book and the distribution of a TVI TV documentary programme, the Lisbon Civil Court maintained the injunction on the sale and distribution of the book and TV recording.

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”.

Isabel Duarte said that she had lodged an appeal on November 5 against the Court of Appeal’s ruling at the Supreme Court of Justice.

If the McCanns lost that appeal, she said, they would take the case to the international courts.

Do you have a view on this story? Email news@theresidentgroup.com

I am echoing the posts of everyone who has said this is an old story. When Goncalo Amaral won his appeal to get the book ban overturned, the McCanns took the case to the Supreme Court in Lisbon. The Supreme Judge upheld the decision that was made in Dr Amaral's favour in the Appeal Court. The McCanns had to pay the costs of Dr Amaral, his lawyer and the court costs and their lawyer was told to return the 7,500 confiscated books belonging to Dr Amaral.

Dr Amaral hasn't yet received the confiscated books and he has denounced the McCanns and their lawyer. I was under the impression that Dr Amaral had started court proceedings against the McCanns, but I have since read that Dr Amaral has said it isn't up to him to start court proceedings it is up to the court officials, because the McCanns are in contempt of court. That doesn't look like happening any time soon and neither does the McCanns threat of suing Goncalo Amaral, for his house, his pension and 1million euros.

It is up to the Publisher to fight to havae the books returned.

Claudia79 wrote:It is up to the Publisher to fight to havae the books returned.

If the McCanns instructed their lawyer Isabel Duarte, not to return the books to Goncalo Amaral, then they are all in contempt of the Supreme Court. If Isabel Duarte, took it upon herself to keep hold of the books, then she is in contempt of the Supreme Court. So while it may be up to the publishers to fight for the return of the books, it is up to the Supreme court to deal with the contempt of court issue, which carries a jail sentence of up to 5yrs.

I suggest views are emailed to the email address at the bottom of this article, just to let them know its an old story with a new date and nothing more. After all, we are invited to email views.

kathybelle wrote:

Claudia79 wrote:It is up to the Publisher to fight to havae the books returned.

If the McCanns instructed their lawyer Isabel Duarte, not to return the books to Goncalo Amaral, then they are all in contempt of the Supreme Court. If Isabel Duarte, took it upon herself to keep hold of the books, then she is in contempt of the Supreme Court. So while it may be up to the publishers to fight for the return of the books, it is up to the Supreme court to deal with the contempt of court issue, which carries a jail sentence of up to 5yrs.

The Supreme Court will do absolutely nothing if they are not officially informed. If the Publisher doesn't file a complaint (and I don't know if it has or not because I haven't asked around) nothing at all will be done. That's the way things work. Sad but true.

Claudia79 wrote:

kathybelle wrote:

Claudia79 wrote:It is up to the Publisher to fight to havae the books returned.

If the McCanns instructed their lawyer Isabel Duarte, not to return the books to Goncalo Amaral, then they are all in contempt of the Supreme Court. If Isabel Duarte, took it upon herself to keep hold of the books, then she is in contempt of the Supreme Court. So while it may be up to the publishers to fight for the return of the books, it is up to the Supreme court to deal with the contempt of court issue, which carries a jail sentence of up to 5yrs.

The Supreme Court will do absolutely nothing if they are not officially informed. If the Publisher doesn't file a complaint (and I don't know if it has or not because I haven't asked around) nothing at all will be done. That's the way things work. Sad but true.

Isabel Duarte and the McCanns, if they instructed their lawyer to hold on to the books, are in contempt of court, because they disobeyed an order given by the Supreme Judge. I also fail to see why the publisher has to file a complaint when the case regarding the banned book was between the McCanns and Isabel Duarte and Goncalo Amaral.

Goncalo Amaral has denounced the McCanns, in a formal letter to the DIAP, which is the Public Ministery's department of penal investigation and action in Lisbon. Dr Amaral said that the ones who can deal with those actions, are those who are in charge of those areas, who shall respond as their consciences dictate.

kathybelle wrote:

Claudia79 wrote:

kathybelle wrote:

Claudia79 wrote:It is up to the Publisher to fight to havae the books returned.

If the McCanns instructed their lawyer Isabel Duarte, not to return the books to Goncalo Amaral, then they are all in contempt of the Supreme Court. If Isabel Duarte, took it upon herself to keep hold of the books, then she is in contempt of the Supreme Court. So while it may be up to the publishers to fight for the return of the books, it is up to the Supreme court to deal with the contempt of court issue, which carries a jail sentence of up to 5yrs.

The Supreme Court will do absolutely nothing if they are not officially informed. If the Publisher doesn't file a complaint (and I don't know if it has or not because I haven't asked around) nothing at all will be done. That's the way things work. Sad but true.

Isabel Duarte and the McCanns, if they instructed their lawyer to hold on to the books, are in contempt of court, because they disobeyed an order given by the Supreme Judge. I also fail to see why the publisher has to file a complaint when the case regarding the banned book was between the McCanns and Isabel Duarte and Goncalo Amaral.

Goncalo Amaral has denounced the McCanns, in a formal letter to the DIAP, which is the Public Ministery's department of penal investigation and action in Lisbon. Dr Amaral said that the ones who can deal with those actions, are those who are in charge of those areas, who shall respond as their consciences dictate.

I personally spoke to GA about this and I know what I've been told. The Publisher is the one which has to demand the return of the books because they belonged to them. I know what the DIAP is.

kathybelle wrote:

Claudia79 wrote:

kathybelle wrote:

Claudia79 wrote:It is up to the Publisher to fight to havae the books returned.

If the McCanns instructed their lawyer Isabel Duarte, not to return the books to Goncalo Amaral, then they are all in contempt of the Supreme Court. If Isabel Duarte, took it upon herself to keep hold of the books, then she is in contempt of the Supreme Court. So while it may be up to the publishers to fight for the return of the books, it is up to the Supreme court to deal with the contempt of court issue, which carries a jail sentence of up to 5yrs.

The Supreme Court will do absolutely nothing if they are not officially informed. If the Publisher doesn't file a complaint (and I don't know if it has or not because I haven't asked around) nothing at all will be done. That's the way things work. Sad but true.

Isabel Duarte and the McCanns, if they instructed their lawyer to hold on to the books, are in contempt of court, because they disobeyed an order given by the Supreme Judge. I also fail to see why the publisher has to file a complaint when the case regarding the banned book was between the McCanns and Isabel Duarte and Goncalo Amaral.

Goncalo Amaral has denounced the McCanns, in a formal letter to the DIAP, which is the Public Ministery's department of penal investigation and action in Lisbon. Dr Amaral said that the ones who can deal with those actions, are those who are in charge of those areas, who shall respond as their consciences dictate.

The problem is that Goncalo Amaral was not the only one who the injunction was taken against. He was only one quarter of the case.

The injunction was against:
Gonçalo de Sousa Amaral,
Guerra e Paz, Editores, SA
VC – Valentim de Carvalho – Filmes, Audiovisuais, SA and
TVI – Televisão Independente, SA

The publisher of the book, and those involved in creating and distributing the film were involved in the case. Amaral would not be the owner of the books normally so it would be entirely up to the publisher to seek to have them returned.

It is very interesting that they have not yet (it seems) bothered to claim the books back.

Since the McCanns were ordered by the Portuguese judicial system to return the books, it's quite interesting that they haven't been returned.

Wallflower wrote:Since the McCanns were ordered by the Portuguese judicial system to return the books, it's quite interesting that they haven't been returned.

You seem to have missed this sentence in Claudia's post above.

"The Publisher is the one which has to demand the return of the books because they belonged to them."

lifeisforliving wrote:

Wallflower wrote:Since the McCanns were ordered by the Portuguese judicial system to return the books, it's quite interesting that they haven't been returned.

You seem to have missed this sentence in Claudia's post above.

"The Publisher is the one which has to demand the return of the books because they belonged to them."

Still doesn't alter the fact that they haven't been returned.

Iris wrote:

lifeisforliving wrote:

Wallflower wrote:Since the McCanns were ordered by the Portuguese judicial system to return the books, it's quite interesting that they haven't been returned.

You seem to have missed this sentence in Claudia's post above.

"The Publisher is the one which has to demand the return of the books because they belonged to them."

Still doesn't alter the fact that they haven't been returned.

Exactly, the McCanns and Isabel Duarte, are in contempt of court. They have disobeyed the Supreme Court Judge, not the publisher of Goncalo Amaral's book and not Goncalo Amaral.

If Goncalo Amaral doesn't own the book, why did he make a public statement saying he had denounced the McCanns and Isabel Duarte in a letter to the DIAP? Why did he make a public statement saying it is up to the authorities to take action against the McCanns and Isabel Duarte? Then tell Claudia 79 that it is up to the publishers to demand the return of the book.

Its all very strange and now the McCanns have taken out another case against Goncalo Amaral, which will be heard in February 2012, they have the perfect excuse to hang on to his books.

kathybelle wrote:

Iris wrote:

lifeisforliving wrote:

Wallflower wrote:Since the McCanns were ordered by the Portuguese judicial system to return the books, it's quite interesting that they haven't been returned.

You seem to have missed this sentence in Claudia's post above.

"The Publisher is the one which has to demand the return of the books because they belonged to them."

Still doesn't alter the fact that they haven't been returned.

Exactly, the McCanns and Isabel Duarte, are in contempt of court. They have disobeyed the Supreme Court Judge, not the publisher of Goncalo Amaral's book and not Goncalo Amaral.

If Goncalo Amaral doesn't own the book, why did he make a public statement saying he had denounced the McCanns and Isabel Duarte in a letter to the DIAP? Why did he make a public statement saying it is up to the authorities to take action against the McCanns and Isabel Duarte? Then tell Claudia 79 that it is up to the publishers to demand the return of the book.

Its all very strange and now the McCanns have taken out another case against Goncalo Amaral, which will be heard in February 2012, they have the perfect excuse to hang on to his books.

All parts can inform the proper authorities that the books have not been returned. However, only the Publisher has the right to legally fight for the books through the legal channels because the books belong to them.
As for the libel trial, it is not new. It has been started ages ago. The dates have been now finally set.

Well now you know why this story was re published, Feb 2012. It makes it look as though this is the mccannssssss taking GA to court and not the other way round. Whats that word I'm looking for oh yes thats it SPIN.