The 48 questions that remained unanswered

Source: Correio da Manhã, 03.08.2008, paper edition. Translation by Astro

Investigation – What the PJ inspectors wanted to know

When she became an arguida, Kate stopped talking to the inspectors

September 7, 2007. Kate McCann entered the Polícia Judiciária in Portimão in the morning and the questioning extended into the evening. She was heard as a witness, but the tension in the air was evident. For the first time, people were concentrated at the PJ building’s door and murmured words of mistrust regarding the couple.

On that day, CM had reported that the dogs had detected cadaver odour on Maddie’s mother’s clothes. A piece of evidence that the authorities intended to use as a trump, during a questioning that only changed course on the next day, after the PJ failed to see their doubts clarified.

Kate began by replying all the questions, but when she was made an arguida, she stopped talking. She went silent, in the company of her lawyer, and accepted all the insinuations in a provocative manner. Less than 48 hours later, Kate and Gerry travel to England with the twins, leaving the investigation into the disappearance of their daughter, who meanwhile had become four, behind.

They later guaranteed that they would return if necessary – which they never did, although they were never formally requested to return – and they are no longer arguidos for the suspected involvement in concealing the child’s body. Today, CM reveals the 48 questions that Kate did not want to answer during the interrogation and which reflect the investigators’ doubts. More than a year after Maddie disappeared, many of these questions remain unanswered.

Jeers for the McCann couple

The day that Kate and Gerry went to the PJ’s offices in Portimão marked a turnaround in the relationship between the local people and the couple: the curious bystanders that spent the day on the street jeered at Maddie’s mother and father, mainly criticizing the “absence of visible suffering” from Kate. The foreign press also attended in great numbers.

The Judiciária’s 48 questions that Kate did not answer

  1. On the 3rd of May 2007, at around 10 p.m., when you entered the apartment, what did you see, what did you do, where did you search, what did you handle?
  2. Did you search in the couple’s bedroom’s closet? (said she would not reply)
  3. (Two photographs of her bedroom’s closet are exhibited) Can you describe its contents?
  4. Why are the curtains in front of the side window, behind the sofa (photograph is exhibited) ruffled? Did someone pass behind that sofa?
  5. How long did the search that you made in the apartment after detecting the disappearance of your daughter Madeleine take?
  6. Why did you say straight away that Madeleine had been abducted?
  7. Presuming that Madeleine had been abducted, why did you leave the twins alone at home while you went to the Tapas to raise the alarm? Even because the supposed abductor could still be inside the apartment.
  8. Why didn’t you ask the twins at that moment what had happened to their sister, or why didn’t you ask them at a later point in time?
  9. When you raised the alarm at the Tapas, what exactly did you say and what were the words?
  10. What happened after you raised the alarm at the Tapas?
  11. Why did you do to warn your friends instead of calling out from the balcony?
  12. Who contacted the authorities?
  13. Who participated in the searches?
  14. Did anyone outside of the group learn about Maddie’s disappearance during the following minutes?
  15. Did any neighbour offer you help after the disappearance?
  16. What does the expression “we let her down” mean?
  17. Did Jane mention to you that she had see a man with a child that night?
  18. How were the authorities contacted and which police force was called?
  19. During the searches, and already with the police present, in what locations was Maddie searched for, how and in what manner?
  20. Why didn’t the twins wake up during that search, or when they went to the upper floor?
  21. Who did you call after the facts?
  22. Did you call SKY News?
  23. Did you know about the danger of calling the media, because that could influence the abductor?
  24. Did you request the presence of a priest?
  25. How was Madeleine’s face publicized, with a photograph, or other media?
  26. Is it true that during the search you remained seated on Maddie’s bed without moving?
  27. How did you behave that evening?
  28. Did you manage to sleep?
  29. Before the trip to Portugal, did you comment on a bad feeling or a bad premonition?
  30. What was Madeleine’s behaviour?
  31. Did Maddie suffer of any disease or did she take any kind of medication?
  32. What was the relationship like between Madeleine and her siblings?
  33. What was the relationship like between Madeleine and her siblings, her friends and her colleagues at school?
  34. Concerning your professional life, in how many and in which hospitals have you worked?
  35. What is your medical specialty?
  36. Did you work by shifts, in emergency rooms or in other departments?
  37. Did you work on a daily basis?
  38. Did you stop working at a certain point in time? Why?
  39. Do your twin children have difficulty in falling asleep, are they unruly and does that upset you?
  40. Is it true that at certain times you were desperate over your children’s attitude and that left you were upset?
  41. Is it true that in England you considered the possibility of handing over Madeleine’s guardianship to a relative?
  42. In England, did you give your children medication? What type of medication?
  43. Within the process, you were shown films of cynotechnical inspection of forensic character, where the dogs can be seen marking indications of human cadaver odour and equally human blood traces, and only of human origin, as well as all the comments that were made by the responsible expert. After the visualization, and after cadaver odour was signaled in your bedroom next to the wardrobe and behind the sofa that was pushed against the living room window, you said that you could not explain anything apart from what you had already said?
  44. You said that you could not explain anything apart from what you had already said, concerning the marking of human blood behind the sofa by the detection dog
  45. You said that you could not explain anything apart from what you had already said, concerning the marking of cadaver odour in the boot of the vehicle that you rented a month after the disappearance?
  46. You said that you could not explain anything apart from what you had already said, concerning the marking of human blood in the boot of the vehicle?
  47. You said that you could not explain anything apart from what you had already said, upon being confronted with the result of the collection of Maddie’s DNA, which was analysed by a British lab, behind the sofa and inside the vehicle’s boot?
  48. Did you have any responsibility or intervention in the disappearance of your daughter?

The question that she answered

Are you aware of the fact that by not answering these questions you may compromise the investigation, which is trying to find out what happened to your daughter? She said “yes, if the investigation thinks so.”

Process becomes public tomorrow

From tomorrow onwards, the entire investigation into the disappearance of Madeleine will be made available to the arguidos, to the witnesses, to the lawyers and also to the journalists, because it is a case of manifest public interest.

The process, which was archived on the 21st of July, will also be available to the general public, a situation that will allow for an authentic scrutiny of the work that was developed by the Polícia Judiciária. This decision, which came as a surprise due to the fact that the case involves a child, was only announced at this point in time, after the Portuguese lawyers for the McCann family, Carlos Pinto de Abreu and Rogério Alves, requested the Portimão Court for priority in the access to the process.

Last Wednesday, the Court had requested the interested parties that had already asked for the consultation of the process to leave a CD at the secretary’s office, given the fact that the process will be supplied in a digital format.

The archiving of the investigation into the little girl’s disappearance, which happened on the 3rd of May 2007, in the Algarve, precipitated the lifting of the judicial secrecy, which had been extended precisely until the month of August.

425 Responses to “The 48 questions that remained unanswered”

Pages: « 1 2 3 4 5 6 7 8 [9] Show All

  1. 401
    Cheis Says:

    Hi Gi

    Looks like my post before yours of 9th December has gone missing.

    The McCann mafia?

  2. 402
    Chris Says:

    Hi Gi,

    I think the moderation team don’t like the word M.f..

    In other words the truth.

    I ask a favour if you have my missing post please can you submit it? You will meed to take out the word M…

    btw where is all your evidence? All I see is just points in one direction.


    Site Admin: Not sure what you mean about the moderation team not liking the word M.f. Nothing is censored in here unless it’s spam or a truly idiotic comment. Occasionally the spam filter may deem a good comment to be spam but as we get hundreds of spam messages daily it’s not practical to check for the odd message that may not get through. Retry if you feel the comment hasn’t been posted 🙂

  3. 403
    G1 Says:

    “‘ no break in, no break out no new DNA. Has to be a keyholder’.”

    Chris – I just have no idea why you bother re-quoting the article I made, when you’re either not willing or just totally unable to consider the points I made and what they mean.

    The link you re-quoted (I don’t know why):

    1. That article shows that, as well as another time reported some time before May 2007, someone stole keys to The Ocean Club apparment.

    2. As I’ve said, the two prominent members of your Tapas 9 group admit they believe they left both doors unlocked.

    Yet you, again, somehow – somehow (I don’t quite know how, myself) respond to these points with – I’ll quote you again for I’m utterly bewildered by your “logic” processes:

    “‘ no break in, no break out no new DNA. Has to be a keyholder’.”

    I don’t even think you’ve been reading anything published about this case one bit. If you had you would see that there is much unidentified DNA from the appartment.

    Chris, it seems your two theories – 1. no-one could have broken in and 2. no unidentified DNA are pieces of nonsense just imagined in your mind.

    There are scores of newspaper articles reporting these little details. What’s going on at Chris land? 😮

    I’ve no doubt some people could find other ways of trying to further your theory that the child died because of neglect and the parents covered it up. But, somehow, you choose to use the exact parts refuted by the most published accounts in the press, recently.

    And you seem to base everything on, either that doctors “Do……” and the McCanns don’t, or that the McCanns “Do…..” but other doctors don’t. I can’t work out a single bit of sense either way I try to see what it means.

    And what is this:

    “I think the moderation team don’t like the word M.f..”?

    You OK?

  4. 404
    G1 Says:

    POST 395, Chris, you seem to think there is good reason to quote Pat Brown:

    “2) I absolutely believe Maddie disappeared on May 3rd and not anytime earlier; the crime scene and what appears to be a cover-up hardly represents any kind of intelligent staging one might expect if there were more time to consider a better plan.”

    then POST 399 and you seem to have discarded that theory which was good enough to be published and read, and which I read thinking this was what you believed now, seriously considering it. But it’s all gone a few posts later, again, back to:

    “Questions when Maddy was last seen alive and suggests Tuesday not Thursday. Problem is the Tapas 9 have a secrecy pact (I’ll find a link) so you won’t find out from them – why?”

    I’m not sure that it matters to you which angle you take about your theories. Does it? Again, I’m wondering if you just seem to have feelings, which to me doesn’t seem to be enough for adults making serious theories. OK, if you think there is something worth talking about in the very sad situation where this high profile couple have lost their daughter can seem very suspicious somehow (many have thought so) – but you’re not really giving me any reasons why.

    Surely you’d agree, if you thought about it, it’s good, solid reasons that will stand up that would only make sense?

    So, if I come now from the perspective that anyone who was not there does not know what happened to Madeleine McCann, I would need solid reasons to believe that the little girl died in the appartment and the parents covered this up. You’re not offering any of those, as far as I can see, and you seem not to care about solid reasons.

  5. 405
    Chris Says:

    Not as reported in the British Press – I prefer this version:-

    Posted on 23 January 2015.

    Kate and Gerry McCann seemed to suffer a setback this week in suing former detective Gonçalo Amaral over his controversial book about the disappearance of their daughter Madeleine.

    In Lisbon’s Palace of Justice, Judge Maria Emília Melo e Castro handed lawyers in the civil action a written statement evaluating as proven or not a list of 37 points on which she intends to base her verdict. Neither the McCanns nor Amaral were present.

    Amaral supporters said afterwards that the statement made them feel cautiously optimistic.

    The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by the book, A Verdade da Mentira (‘The Truth of the Lie’), and a subsequent documentary.
    The judge ruled that while statements in the book may have psychologically affected the McCanns, the anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it.

    She pointed out that the book was very largely based on facts in police files. While Amaral put forward the theory that the McCanns had hidden Madeleine’s body and fabricated a story about her abduction, he did not say they had killed their daughter, the judge said.

    In personal statements to the court last July, both Kate and Gerry McCann spoke not only of the great harm they believed had been caused to their family by allegations in the book, but that the allegations had hampered the search for Madeleine.

    The judge said Wednesday it had not been proved that the Polícia Judiciária stopped collecting information and investigating the disappearance because of the book’s contents.

    Amaral insisted last year that the lawfulness of his book was “indisputable” because of a decision of the Appellate Court in Lisbon that overturned an earlier ruling banning it.

    The McCanns now have time to seek and present authorization from the British High Court to formally represent their daughter in this case. Madeleine was made a ward of court at the instigation of her parents in April 2008. This could have a bearing on the amount of any compensation eventually awarded.

    This long-running case in Lisbon has been suspended several times over the past five years, including in January 2013 when the court allowed the two sides to try to reach a private settlement. No agreement was reached.

    No date has been set for a verdict but it is thought to be more than two months away. Even when it comes, the verdict will probably not be the end of the matter. An appeal is likely.
    Also, Amaral has let it be known that he is considering instigating a counter defamation lawsuit against the McCanns to seek compensation for the enormous damages on different levels he claims they have caused him.

  6. 406
    Liz Y Says:

    Hi Chris, Let’s hope that for once, the McCanns aren’t allowed to run the show, fingers crossed!!

  7. 407
    G1 Says:

    Hi Chris. I got an notification to my email that you’d made a recent comment in this thread.
    However, on looking, I see it’s not come up (yet at least).

    As the site administrator said before, there is a automatic spam comment finder.
    Try posting again.

    It may be because you gave the full names of some common drugs which can be sold over the internet. That can be a big spam alert, with so many people trying to sell pills through the web. So maybe have a try to adjust the comment (maybe a couple of times) in a way in which the site accepts it? Leave it for a day or two each time, to see if the comment pops up.

    You ask about my evidence from comment 195.
    Yes, OK, what I’ve been doing is establishing that you haven’t really been giving any evidence, though I don’t claim really to have been giving any clear evidence either. It was first of all my aim to show that you weren’t establishing any evidence, to show that we were both on the same footing and, prima facie, neither of us would have any evidence to make solid claims in either direction. But you don’t seem to agree with that, while you haven’t given any evidence which tells anyone why.

    My main gripe was that you were ignoring the common sense arguments I’d brought up which suggested that your claims that it seemed no-one could have broken into the appartment were nonsense. I’d brought up that it is known that keys to most or all of the flats were stolen twice from the Ocean Clubs, once even in the week before Madeleine went missing. I’d mentioned that the McCanns thought they’d left the doors unlocked, apparently. But you were still ignoring that, and coincidentally trying to suggest that the lack of evidence of break in was some kind of evidence, nonetheless.

    It doesn’t make sense to me.

    Thanks for the foreign article on Amaral. It is interesting.

    I think this is going to come down to intention, from Amaral. I’m guessing the judge may be going to say that
    the McCanns were emotionally affected by their daughter’s loss,
    But Amaral’s statements came from his police work and so could not be intended to have caused further harm to the McCanns.
    If Amaral had deliberately set out to bring the McCanns into disrepute itself, then that would be libel. But as he was a policeman, and what he said came from a police investigation, there could be no intention to defame the McCanns. Therefore, what he has said would just be a normal part of everything connected with the disappearance of the McCann’s daughter which has harmed them.

    It’s an approach I didn’t quite expect – but it seems understandable. Still I’m only guessing.

    This bit is a little concerning, though. I’m only trying to rationalise / understand it, above, and the transaltion we got in English may not be good:

    – “The judge ruled that while statements in the book may have psychologically affected the — McCanns, the anguish suffered by the couple over their missing daughter preceded the book’s – publication rather than being a consequence of it.”

    Of course, the McCanns are suing for psychological harm from the statements in the book, not psychological harm suffered from before then.

    It’s a strange comment, and ambiguous. It can seem that the judge is not even bothering to assess the McCanns’ legal case.

    But on the other hand, it may show that the situation is more complex than you may think at first. It may not be so possible to break down the psychological harm into from the book alone – it may be legally thought of as part of everything which can normally occur from the disappearance of Madeleine. Because Amaral (perhaps) is not found to have established a new intention to defame, as he only published his legitimate police work. Defaming must have a context of illegitimate and intentional putting people into social disrepute. I suppose it may be claimed Amaral did not have that.

    It’s a strange issue – one on which I’m sure various judges (even in the same country) would be likely to decide in complete opposite ways.

  8. 408
    G1 Says:

    Just to add my own opinion.

    I would feel that – if the judge were to conclude- that Amaral’s book is a legitimate operation just because he had been a policeman and that was his work – well, I’d feel that this would be wrong.

    I wouldn’t feel it would be right in the normal run of things for the policeman to write that book, at least within, say 5 or 7 years of the girl’s disappearance. Because it could hurt the family, and it could hamper the search for the missing child. So, I would say that, this man using official state files in the public realm with his own agenda which was not the state’s legal opinion, could well be defamatory in the harm it has caused.

    However, in the Amaral case, I feel there is an exception because of that he was abruptly and perhaps suspiciously taken off the case, and therefore this exception arises which gives him the right to write about it.

    If Amaral were still a policeman and wrote that book within, say 5 to 7 years, but the Portuguese police still took no legal action against the McCanns – I’d say that would indeed be defamation. However, because Amaral was sacked and there was interference from high positions and potential suspicious circumstances, that means that the potential harm from the book is an exception to defamation. It would be allowed. People in these circumstances ought to be allowed to speak out, because the alternative can be a really, really terrible Kafkaesque or “1984” world. It’s a really special exception which always needs to be heeded.

    To sum up – I’d say the book would indeed be defamatory (which I gues is not what the judge is going to say), but for the exception of the suspicious circumstances which means that Amaral should be allowed to make his claims, and defamation is excepted as it is not his real intention to defame. His intention is to get out information from his police work which he believes has been supressed.

  9. 409
    Chris Says:

    Hi Liz

    Lovely to hear from you. I trust you are very well.

    I have no sides on this but just want justice for Maddie and I don’t think the parents behave anything like we do – we have two great kids (adults).

    Hi GI

    Nice to hear from you. I think my post was removed because of a certain 5 letter word beginning with M and ending with a. I was hoping you had a copy of it as I forgot to do that and is now too had to repeat.

    Take your points on Goncalo but he was only trying to do his job.

    So at this point in time I think the McCanns are hiding a big secret form all the evidence out there. They have 48 questions to answer and a judges 37 conclusions to come.

    WE shall soon see

  10. 410
    G1 Says:

    “Take your points on Goncalo but he was only trying to do his job.”

    Yes, that’s exactly why I’m saying that in this situation there should be an exception to what I’d feel, otherwise, should be defamation.

    Amaral was trying to do his job,
    was sacked,
    it seems there was the unusual intervention of people who wouldn’t or shouldn’t normally be involved,

    therefore this kind of situation where someone ought to be able to speak out should be an exception.

  11. 411
    Liz Y Says:

    Hi Chris, I am very well thank-you. I ‘m almost certain that the McCanns and their friends were involved in some way, in Madeleine’s disappearance. Gerry, response to a reporter’s question – how did you feel when you realised Madeleine had gone – It felt like finding out you were overdrawn on your student loan!! And, the statement which runs along the lines of… FORTUNATELY?? So many people were saying this and that, that no-one knew what was true and what wasn’t!!! Surely that statement would only be uttered by someone who was glad that the waters were being muddied because he considered it to their advantage, there is no other explanation for that remark. Add to that the old chestnut about the brilliant marketing ploy. And, all the discrepancies, lies and strange behaviour…… Enough said for me.

  12. 412
    G1 Says:

    On a tangent to this main news about the Goncalo Amaral / McCanns trial, but taking a cue from the Express article, I’m now thinking that the McCanns are victims in this whole affair, and subject to overlords in politics and police, etc.

    The Express says:

    Despite the costly Scotland Yard and Portuguese police investigation, the Sunday Express found that key witnesses have still not been spoken to.

    Jenny Murat, 78, the mother of wrongly accused Robert Murat, has potentially breakthrough evidence but no one has spoken to her. At 8pm on May 3, 2007, she went to a supermarket and then drove past Apartment 5a and saw a woman hanging around. Her notes from the time say: “There was a woman standing on the corner under a lamp post.

    “I don’t remember much of her other than she was of slight build and was wearing a plum coloured jacket. She moved around the lamp post as if trying not to be noticed.”

    As she turned into the driveway of her home, Casa Liliana, she was nearly hit by a car going the wrong way. “When I stopped to open the gates I could not see the car but the woman was in the road looking in my direction.”

    After her son was wrongly made an arguido (Portuguese for suspect), she contacted Hugo Swire, a Tory MP in Devon, and Leicestershire police about her sighting but, astonishingly, she has not been interviewed to this day.

    Speaking at home this week, she told the Sunday Express: “I am happy to speak to Scotland Yard. This woman was just outside Apartment 5a and it didn’t look right. It could be relevant.”

    After 12 years she has put Casa Liliana up for sale. “It is very sad but the place has become a tourist attraction for all the wrong reasons,” she said. “I get people banging on my gate and someone broke in once. I don’t feel safe. Robert’s life has been badly damaged by lies. It never goes away, it never ends. It gets you down.”

    The making public of the sheer extent of what seems to be a massive cover up over politicians, councillors and also now known to be policemen involved in widescale, highly organised child abuse over decades (and murder of children and allegedly murder of adults who attempted to tell about or investigate the stories) has changed my views involving what is likely to have happened to Madeleine McCann.

    I feel now, putting this particularly with the murder of Jill Dando and that Redwood and the Scotland Yard team refused to interview or listen to the main witness (who refuted their claim that Barry George was the murderer), and possibly also the murder of Diana, Princess of Wales, there is something huge going on behind the scenes which the authorities may be deeply involved in hiding.

    Now, again, it leaks out that they don’t bother to question Ms Murat, who has evidence that no-one wanted to listen to again. It may not even matter that it may be very relevant and may be irrelevant evidence – it goes to suggest that this attitude could easily par for the course in the investigation. Here, I feel, people other than the relatively very unimportant McCanns may be being protected by some connections in the disappearance of Madeleine McCann which some people in the authorities know about / are actually connected to.

    Were members of this police investigation team (and / or those who tell them what to do and what, specifically not to do) actually present in places in the past, but not to investigate??? For example in Elm Guest House in Barnes and so on and so on and so on??? Now, I would not find it surprising anymore. Something is going on, something terrible, no doubt, and I don’t feel the McCanns even are really in the picture there.

  13. 413
    Chris Says:

    Hi Gi

    Picking up on one of your points, on the morning we all heard that Princess Diana had died everyone around me was saying how tragic etc etc. My response was I bet the Queen is pleased. She was turning into a load of trouble.

    Amaral will appeal and I’d say win.

    So where do we go from here?

    btw. Does anyone here know what the itemised bill at the Tapas bar was on the evening Maddie disappeared? I am particular interested in the liquid side.

  14. 414
    Chris Says:

    Hi GI

    Picking up on the trial I think the judge was got at.

    She had circa 40 points to sum up on. What happened to them?

  15. 415
    G1 Says:

    Hi Chris, I hope you’re OK.

    Funny, I’d just been discussing somewhere else about illegal things “beneath the radar” in the UK, and another person also brought up the Royal Family.

    You might be right. While, personally, I always thought that The Queen particularly had less to gain and less to lose from the death of Diana, except everyday personal things. At the end of the day, I thought there was nothing to annoy the Queen much, and she had liked Diana, times before.

    What is important to me is that The Queen is the one person who actually spoke out, “There are dark forces at work”. When the rest of the establishment and mainstream media etc. etc. would much rather spend their time trying to level paranoia accusations at anyone who asked questions.

    The thing is there were numerous other persons / bodies who felt more comfortable with Diana gone. For example, perhaps going back to some USA / Israel connection. Or at the time an unknown, developing USA / Saudi Arabia connection. But the main element is The USA – a certain group of people, say 40 or so, if you know anything about that. To them, they ruled the world by force and by underhand, covert black ops. They did not want new more or less political, charismatic world leaders such as Diana. It was known Diana was ready to question and criticise USA publicly about various things, from the Israel favouring and inhumanity to Palestine to organised child abuse by the highest politicians in the USA.

    Personally, I think some people had so much more to resent in Princess Diana than The (apolitical) Queen.

    I forgot all about the Amaral trial. I’ll have to do some reading. Amaral can appeal?

  16. 416
    Chris Says:

    Amaral on the verdict 15th May 2015:-

    Were you surprised?

    “I wasn’t surprised, it was one of the open possibilities, but after the decision about the matter of fact, which was favourable to me, I trusted that the verdict would come in the same direction.”

    Do you think there are errors in the process? Do you feel wronged?

    “Those are not mistakes, but value judgements and understandings that are contrary to mine and to that of many other jurists. As for feeling wronged… What do you think? I can only ask if those who, for more than five nights, left their three children, aged three and two, to their own devices in a house within an unknown space, subjecting them to a thousand dangers, while they were partying with friends – not to mention the amounts of alcohol that was ingested on those occasions -, still has the right to be compensated. They practiced a crime of exposing and abandoning defenceless children and they weren’t even accused of that fact. Looking at our criminal legislation, at the English child protection legislation and at cases that recently happened with British subjects in the Algarve, after drunken nights, all that I can say is that the McCann couple is primarily responsible for their daughter’s disappearance. She only disappeared because they neglected her guard and, as parents, they were obliged to it. It is a fact that they lost their daughter, but that doesn’t give them the right to sue anyone or to be compensated. They can’t escape their guilt, which is enough to rob them of their sleep, to provoke a lack of appetite and even rage, but against themselves and not against someone who only wrote down what happened during the first five months of the investigation, according to what is in the case files. If compensation takes place, all that I can do is warn you: be careful, there’s people who may turn this into a new business!”

    Interesting from above:-
    not to mention the amounts of alcohol that was ingested on those occasions

    Why is this not in the public domain?

  17. 417
    G1 Says:

    The case is interesting, Chris. I’ve still not much idea what the verdict is about, and hope to get familiar with it later.

    “Those are not mistakes, but value judgements and understandings that are contrary to mine and to that of many other jurists.”

    It is interesting.

  18. 418
    Chris Says:

    I am pleased to see there will be an appeal…………….

    Projecto Justiça Gonçalo Amaral’s Legal Defence account has received since April 28, 2015

    – through Paypal:

    € 5643.62 (five thousand six hundred forty three euro and sixty two cents) and

    $ 90.57 (ninety dollars and fifty seven cents)

    – through the GoFundMe page created by Leanne Baulch:

    £ 23,910 (twenty three thousand nine hundred and ten pounds)

    These amounts will be applied to cover expenses with the defence of Gonçalo Amaral, in the civil suit brought against him by the McCann family.

    The appeal is being prepared by Mr Amaral’s lawyers and will be filed in due time.

    Once the appeal is filed, PJGA will publish a statement.

    At this point, we would like to, once again, thank you for your immense support – and patience.

    Our trust in Portuguese justice remains firmly in place.

    Thank you.

  19. 419
    Chris Says:

    £30,184 of £25k
    Raised by 1,858 people in 2 months

    Dear friends,

    Today, the 15th of June, my appeal against the sentence that has recently been produced in the trial concerning my book, “Maddie, A Verdade da Mentira”, was filed at the Civil Court of Lisbon.

    Now I serenely await the Appellate Court’s decision, reaffirming my confidence in Portuguese Justice.

    The wave of solidarity that was generated to support me has been very moving and makes me feel extremely humble. I am so very grateful to each and every one of you, who have supported me and continue to do so; none of this would have been possible without you.

    Winston Churchill said: “All the great things are simple, and many can be expressed in a single word: freedom; justice; honour; duty; mercy; hope.”

    Truth is also simple. It is truth that guides me, and it will continue to do so, in its simplicity and greatness.

    Thank you very much.

    Gonçalo de Sousa Amaral

  20. 420
    Chris Says:

    Update … I wonder how the British Press will receive this?

    Dear friends,

    Since it was started on April 29, 2015, by Leanne Baulch, the gofundme page dedicated to Gonçalo Amaral’s defence has collected donations in excess of 50 thousand pounds. These funds have been transferred to the bank account that is held by Dr Paulo Sargento and other friends of Mr Amaral. Less than half of this amount has been spent on legal expenses for the defence of Gonçalo Amaral.

    The Paypal account that is associated to the bank account has received over 6 thousand euro during the same period. Donations totaling a smaller amount have also been made directly to the bank account.

    We believe that it is time to close the gofundme page, as the bank account currently stands at an amount that seems largely sufficient to face eventual future expenses.

    As we await the verdict of the Appellate Court of Lisbon on the appeal that has been filed by Mr Amaral’s lawyer, the remaining funds will be kept in the bank account. They will be used if necessary in the future. Any unused funds will, as we stated in 2009, be donated to a Portuguese children’s charity.

    May we use this moment to wholeheartedly thank those who have expressed their support of Gonçalo Amaral’s right to an appropriate defence? Whether you have contributed financially or by sending a support message – you have made an impact. You have made a difference.

    Thank you so very, very much.

    The gofundme page will be closed on the 28th of October, 2015.

  21. 421
    Chris Says:

    Sense at last……………

    Madeleine McCann News: Goncalo Amaral Wins Appeal Over Book Alleging Kate And Gerry’s Involvement In Disappearance
    The book is titled ‘The Truth of the Lie’.

  22. 422
    Chris Says:

    Only just came across this:-


    Enquiries by British (and Portuguese) police forces have cost around £15 million in 8 years. The public is now entitled to a full report on how that has been spent. The report should cover the role of the government, the security services & UK police forces. Please click connection to sign and share the link.

    Only 2 days to go you need to be quick if you agree

  23. 423
    chris Says:

    Expensive game……

    Madeleine McCann News: Goncalo Amaral Wins Appeal Over Book Alleging Kate And Gerry’s Involvement In Disappearance
    The book is titled ‘The Truth of the Lie’.

    4. From the above mentioned, it is agreed, in accordance with both appeals, to revoke the appealed decision and, considering the action against them to be unfounded, to acquit the appealing plaintiffs of the totality of the requests.

    “The costs, in both instances [courts] are to be paid by the appealed subjects [Kate and Gerry McCann].”

  24. 424
    Chris Says:

    3. Under articles 635, number 4, and 639, number 1, of the Civil Process Code, the matter of the appeal is delimited by the appellant’s conclusions.

    The matter subject to decision is thus essentially centred on the evaluation of the alleged wrongfulness and the responsibility that derives from it, imputed to the 1st defendant [Gonçalo Amaral], now the appellant, of the publication, by the 2nd and the 3rd defendants, equally appellants, of the works at stake.

    As far as personality rights are concerned, article 26, number 1, of the Constitution states that everyone has a right to a good name and reputation and to the protection of the intimacy of private and family life.

    The same fundamental law protects, with equal dignity, freedom of expression, by stating under number 1 of article 37 that everyone has a right to express and to publicise their thoughts in words, image or by any other means, as well as the right to inform, to inform oneself and to be informed, without impediment or discrimination.

    And also, under number 2 of article 38, freedom of press, by consecrating freedom of expression and of creation by journalists and their collaborators.

    Number 2 of article 18 establishes, in the case of conflict between fundamental rights, that any legal restrictions to those rights must be limited to whatever is necessary in order to safeguard other rights or interests that are constitutionally protected.

    On the other hand, in ordinary law, article 70 of the Civil Code consecrates, as a principle, that the law protects individuals against any illicit offence or threat to offend their physical or moral integrity, while article 80 of the same diploma states that everyone must respect someone else’s intimacy of private life.

    Whenever there is a collision of rights that are equal or of the same kind, the holders must, under number 1 of article 335, cede as necessary in order for all of them to produce their effect equally, without greater damage for any one of them – while (under number 2 of the same article), if the rights are not equal or are of different species, the one that is considered superior must prevail.

    Therefore, and as the dominant jurisprudence understands the matter:

    “One of the limits to the freedom of information, which therefore is not an absolute right, is the safeguard of the right to a good name. Journalists, the media, are bound by ethical and deontological duties, and duties of rigour and objectivity.

    – The media have the right, the social function, of spreading news and giving critical or non-critical opinions, and it is important that they do so with respect for the truth and for someone else’s intangible rights, as are personality rights.

    – The right to honour, in a broader sense, and the right to freedom of press and of opinion are traditional areas of conflict.

    – Criticism has a boundary in the rights of its targets, but it remains legitimate if it is sharp, steely, as long as it is not injurious, because so often therein lies the style of the author.

    – To criticise implies to reproach, fault-finding that is aired in the media only stops being legitimate as a manifestation of individual freedom when it expresses objective antijuricity, violating rights that are extremely personal and which effect, in a more or less lasting manner according to men’s memory, assets that need to be preserved as are the rights here at stake, to honour, to a good name and to a social standing” (decision by the Superior Court, dated 20/1/2010,

    In the case at hand, apart from the reporting of the facts that are part of the inquiry into the disappearance of Madeleine McCann, an analysis of the book and of the rest of the published material finds that the now 1st appellant [Gonçalo Amaral] therein sustains the thesis that an abduction did not take place, but rather the accidental death of the child, followed by a cover-up – through the concealment of her cadaver and the simulation of that crime – by plaintiffs Gerald and Kate McCann, now the subjects of the appeal.

    It results from the aforementioned publication that the means of evidence and the indicia that it reports to are, essentially, those referred to and documented in the respective criminal enquiry.

    Nevertheless, the exposed thesis, that the child died accidentally and that fact was concealed by the parents, who have broadcast, in order to deceive, the hypothesis of an abduction, is not new – the same is equally contained in the report which is mentioned under number 9 of the proven facts, determining the arguido constitution of said subjects of appeal [Kate and Gerry McCann], and was, after a copy of the inquiry was made public, published in the media (numbers 65 and 66 of proven facts).

    As was stated in the decision, from this Section, concerning the appended injunction, the 1st appellant [Gonçalo Amaral], wanted, through this book – because the institution to which he was bound did not allow him to reply to attacks against his pride and honour, as a professional of the criminal investigation police – to expose his vision of the facts, and therefore the publication of said book has to be considered a legitimate exercise of the right to an opinion.

    And because from the proved matter results that – apart from it being about facts that have been profusely published in the inquiry and even publicised through an initiative of the Republic’s Prosecutor General’s Office – it was the subjects of the appeal themselves [Kate and Gerry McCann] who, benefiting from an easy access, multiplied themselves in interviews and interventions in national and international media, one must conclude that it was them who, voluntarily, limited their rights to reservation and to the intimacy of private life.

    By proceeding in this manner, they opened the way for anyone to equally express an opinion about the case, contradicting their thesis – without losing their right to exercise a legitimate, and constitutionally consecrated, right to an opinion and a freedom of expression of thought.

    On the other hand, we cannot see how the right of the subjects of this appeal [Kate and Gerry McCann] to benefit, following their constitution as arguidos, from the guarantees of the penal process – including the right to a fair investigation and the right to freedom and safety – may be offended by the contents of a book which, in its essence, describes and interprets facts that are part of an inquiry whose contents have been published.

    Nothing opposes that, although they have not been deemed sufficient to lead to a criminal charge, said facts are subject to diverse appreciation, namely in a work of literary nature.

    Therefore, and because it is contained within consecrated rights, namely under numbers 37 and 38 of the Constitution, the publication at stake must be considered lawful.

    Nonetheless, it is understood, in the decision under appeal, that because the 1st appellant, Gonçalo Amaral, was, until October 2, 2007, the coordinator of the criminal investigation into the disappearance of Madeleine McCann, he was, after his retirement on the 1st of July, 2008, subject to the duties of secrecy and reserve that are imposed to the employees that serve the Polícia Judiciária.

    And, under such terms, although the introductory note in the book invokes personal reasons, in a situation of conflict with the rights to a good name and reputation of the subjects of the appeal, the appellant [Gonçalo Amaral] could not benefit, faced with the results of the investigation, of a broad and full freedom of expression – and thus his conduct would be unlawful, under article 484 of the Civil Code.

    From what was above said about this matter, it is clearly understood that such argumentation cannot be sustained.

    In effect, and independently of the reasons invoked by the appellant for the publication, it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated (in fact, largely by initiative of the intervenients themselves) in the national and international media.

    Appeal conclusions:-

    In the absence of its primordial presupposition it must therefore be concluded against the previous decision, due to the lack of precedence of any of the requests that have been formulated by the current subjects of the appeal [Kate and Gerry McCann] – while the re-appreciation of the matter of fact that had been secondarily requested remains impaired.

    4. From the above mentioned, it is agreed, in accordance with both appeals, to revoke the appealed decision and, considering the action against them to be unfounded, to acquit the appealing plaintiffs of the totality of the requests. The costs, in both instances [courts] are to be paid by the appealed subjects [Kate and Gerry McCann].

  25. 425
    Chris Says:

    Justice at last for Goncalo Amaral 7th Feb 2017

    Former police chief who accused Madeleine McCann’s parents of cover-up over her death plans SECOND book after winning libel trial

Pages: « 1 2 3 4 5 6 7 8 [9] Show All

Leave a Reply

You can add images to your comment by clicking here.


Log in | Designed by Gabfire themes