omg Breaking news: Gonçalo Amaral's book copies to be returned today by the McCann couple lawyer

Breaking news: Gonçalo Amaral's book copies to be returned today by the McCann couple lawyer http://joana-morais.blogspot.com/2012/04/breaking-news-goncalo-amarals-book.html

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

I'll believe it when I see it!

fred wrote:I'll believe it when I see it!

but what if it is true the mcanns are having a bad bad day!!!!!

Justiceforallkids wrote: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

i think it sounds true and lets hope it is!!!

Oh I just love what that article says

wjk wrote:Oh I just love what that article says

i do too after yesterdays spinning todays awesome!!!!! first the mcanns didnt get their way with the re opening and now this

So we have Panorama show a week early.

Andy Redwood talking about the review

Books being returned

What is going on? I am baffled

It certainly is a conglomeration of circumstances, as GM would call it.

Something certainly got Duarte moving.
And I doubt it was Andrews Liver Salts ...

almostgothic wrote:It certainly is a conglomeration of circumstances, as GM would call it.

Something certainly got Duarte moving.
And I doubt it was Andrews Liver Salts ...

im sensing fear on the air.......... the mcanns not talking on tv GA being allowed to talk for the first time on uk tv??? the sudden talk or the review which wasnt one and now the boooks???

Will they pay the fine for keeping them? It would be quite a substantial sum would it not?
Hope the fine is MASSIVE!!!

devonmum wrote:So we have Panorama show a week early.

Andy Redwood talking about the review

Books being returned

What is going on? I am baffled

So am I. I'm baffled that SY have participated in the programme when they are only a quarter way through their "review".

I suppose the books had to be returned eventually (I'm assuming there would be some sort of fine or something if they weren't).

TV progs are re-scheduled quite often, could this just all be coincidence.

almostgothic wrote:It certainly is a conglomeration of circumstances, as GM would call it.

Something certainly got Duarte moving.
And I doubt it was Andrews Liver Salts ...

Things change...

mmm from the very start there has always been news to cover bad news for the mcanns - now we know why - portugal do keep their cards close to their chests

does this mean GA MAY be able to get them translated into english for english speaking countrys???

Justiceforallkids wrote:

fred wrote:I'll believe it when I see it!

but what if it is true the mcanns are having a bad bad day!!!!!

There's no reason for it not to be true. These books were supposed to be returned at least a week ago. why would they state this now, if they weren't actually doing it?

Maybe they were waiting for Redwood to announce that they were completely in the clear, home and dry, and that the nasty Amaral made it all up. Then they could have justified keeping his books. Redwood didn't, so they can't.

Iris wrote:

Justiceforallkids wrote:

fred wrote:I'll believe it when I see it!

but what if it is true the mcanns are having a bad bad day!!!!!

There's no reason for it not to be true. These books were supposed to be returned at least a week ago. why would they state this now, if they weren't actually doing it?

Maybe they were waiting for Redwood to announce that they were completely in the clear, home and dry, and that the nasty Amaral made it all up. Then they could have justified keeping his books. Redwood didn't, so they can't.

Iris, if Kate mcCann told me it was Thursday today, the first thing i would do would be look at the calendar. After almost 5 years of lies, distortion... and the rest, then I'll believe it, when i walk into a shop and see the copies of it on a shelf!

The timing is most certainly intriguing ...

Presumably the publishers will put out a statement or something. I would love to get one of those abducted books. I bet they'll be worth a shedload in years to come!

almostgothic wrote:The timing is most certainly intriguing ...

hmmm yes the reopening of the cae which wasnt as i said and GA being allowed to speak and the mcanns not speaking hmmmm something is up imo its not like them to stay quiet.....

almostgothic wrote:The timing is most certainly intriguing ...

I agree. Panorama brought forward, no new evidence and no reopening that we know of. I'm pleased that the PJ are keeping things close to their chest.

Methinks Duarte has a different idea about "intimacy" than the common herd - I mean, did she even read Page 129?

Suddenly, after the Panorama broadcast, they're returning the books? Coincidence or just that they don't want that as something being held against them. Not so confident about the libel trial? Something's in the wind.

Iris wrote:Presumably the publishers will put out a statement or something. I would love to get one of those abducted books. I bet they'll be worth a shedload in years to come!

There is no Evidence for Abduction - It seems more likely that the Books just walked out on their own.