McCanns appeal on overturned book ban turned down

by Guest 18.03.11 14:04

Just read on MM that the McCanns appeal against the overturning of the book ban has been denied by the Supreme Court. Apparently verified by someone who has spoken to GA. Mrs

by Guest 18.03.11 14:19

I wonder how much money this lost appeal has cost. It was coming from the Madeleine Fund wasn't it.

by Guest 18.03.11 14:24

Here it is on Joana Morias blog

..Supreme Court turns down McCanns' request

18 March 2011 | Posted by astro Leave a Comment

by Margarida Davim

Kate and Gerry McCann wanted the Supreme Court of Justice to nullify a decision by the Appeals Court that allowed for the book by Gonçalo Amaral, ‘The Truth of the Lie’, to be distributed. Nonetheless, the judges have refused the request.

Former Polícia Judiciária inspector Gonçalo Amaral will again be able to sell the book about the disappearance of Madeleine McCann, ‘The Truth of the Lie’, which was taken off shelves after an injunction that was filed by the parents of the little English girl that disappeared in Praia da Luz was accepted by a lower court.

The Supreme Court judges refused the request for an “exceptional review” of the Appeals Court’s decision, which overturned the injunction that had been filed by Kate and Gerry McCann.

The counsellors’ decision may be appealed to the Constitutional Court, but that will have no suspensive effect, which means that Kate and Gerry McCann will have to return every copy of Amaral’s book that they possess.

If they do not comply, they may even incur in a crime of disobedience.
Contacted by Sol, the McCanns’ lawyer, Isabel Duarte, refused to comment on this judicial decision, because she hadn’t been notified yet.

in: Sol, 18.03.2011

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clapping

by **Tony Bennett** 18.03.11 14:28

Here's the report in Sol, with a translation that needs a bit of improvement:

Supreme rejects request of the McCanns18 de Março, 2011 por Margarida Davim

March 18, 2011 by Margaret Davim

Kate e Gerry McCann queriam que o Supremo Tribunal de Justiça anulasse uma decisão da Relação que permitia a distribuição do livro de Gonçalo Amaral, A Verdade da Mentira.

Kate and Gerry McCann want the Supreme Court to annul a decision of Appeal which allowed the distribution of Gonçalo Amaral's book, True Lies.

Mas os juízes recusaram o pedido.

But the judges refused the request.

O antigo inspector da Polícia Judiciária (PJ), Gonçalo Amaral, vai poder voltar a vender o livro sobre o desaparecimento de Madeleine McCann, A Verdade da Mentira, que foi retirado das bancas depois de, em primeira instância, ter sido aceite uma providência cautelar dos pais da menina inglesa desaparecida na Praia da Luz.

The former Inspector of Judicial Police (PJ), Gonçalo Amaral, will be able to resell the book on the disappearance of Madeleine McCann, True Lies, which was pulled from newsstands after in the first instance, have been accepted an injunction parents of missing British girl in Praia da Luz

Os juízes do Supremo Tribunal recusaram o pedido de «revista excepcional» à decisão do Tribunal da Relação, que indeferiu a providência cautelar interposta por Kate e Gerry McCann.

The judges of the Supreme Court refused the request for 'exceptional magazine' the decision of the Court of Appeal, which dismissed the injunction filed by Kate and Gerry McCann.

A decisão dos conselheiros poderá ter recurso para o Tribunal Constitucional, mas este não terá efeitos suspensivos, pelo que Kate e Gerry McCann terão de devolver todos os exemplares do livro de Amaral que estão em seu poder.

The decision of the directors may have recourse to the Constitutional Court, but this will not have suspensive effect, so Kate and Gerry McCann must return all copies of the book Amaral that are in his possession.

Caso não o façam, poderão mesmo incorrer num crime de desobediência.

If they do not, they may even incur a crime of disobedience.

Contactada pelo SOL, a advogada dos McCann, Isabel Duarte, recusou comentar esta decisão judicial, por ainda não ter sido notificada.

Contacted by the SUN, the McCanns' lawyer, Elizabeth Duarte, refused to comment on this ruling, which has not yet been notified.

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by Guest 18.03.11 14:31

Just posted up translated article from sol by Joana Tony previous to your post

by The Slave 18.03.11 15:13

Lovely!!! I'm really pleased. Hope Amaral gets it to the top of the best seller list. It deserves to.

by Cheshire Cat 18.03.11 15:31

The Slave wrote:Lovely!!! I'm really pleased. Hope Amaral gets it to the top of the best seller list. It deserves to.

I am hoping to buy a copy when I visit Portugal in a couple of months time.

by littlepixie 18.03.11 15:33

Excellent news!

by **Tony Bennett** 18.03.11 16:04

THE TRUTH ABOUT A LIE: A TIMELINE

by Tony Bennett

3 May 2007 - Madeleine McCann reported missing

July 2007 - Cadaver dog and bloodhound brought in by British police and the scent of a corpse is found in 10 places associated with the McCanns

7 & 8 Sept 2007 - Dr Gerald and Dr Kate McCann brought in for questioning

10 Sept 2007 - Police report by Inspector Tavares de Almeida gives full reasons for believing that the McCanns know that Madeleine died and that they have hidden or disposed of her body

2 Oct 2007 - Goncalo Amaral removed from the investigation after Gordon Brown, British Prime Miniser Minister, is first told of this decision

July 2008 - Portuguese Attorney-General recommends that no-one is charged with Madeleine’s disappearance as there is insufficient evidence

July 2008 - ‘Truth of the Lie’ published; McCanns’ spokesman Clarence Mitchell threatens an injunction

7 Dec 2008 - Madeleine Foundation’s book on the case published: ‘What Really Happened to Madeleine McCann: 60 Reasons which suggest that she was not abducted’

July 2009 - McCanns apply to ban ‘The Truth About a Lie’ by filing a claim in the Lisbon Court. They ask for 1.2 million euros compensation, claiming the book harms the search for Madeleine and has made them very ill

Sept 2009 - Lisbon Court bans ‘The Truth About A Lie’ and orders all copies to be impounded. But by this time the book has sold 250,000 copies in Portugal and has been translated into 9 European languages

25 Nov 2009 - Undertaking given by Tony Bennett to the High Court on behalfd of The Madeleine Foundation not to sell ’60 Reasons’ any more, following threat oif a libel writ from Carter-Ruck

10-12 Jan and 10 Feb 2010 - Four days of hearings in a Lisbon court to determine Gonçalo Amaral’s appeal agaisnt the banning of his book

18 Feb 2010 - Lisbon Court refuses Gonçalo Amaral’s appeal

19 Oct 2010 - Portuguese Appeal Court upholds Gonçalo Amaral’s appeal and orders ‘The Truth About A Lie’ to go on sale again. The McCanns’ lawyer Isabel Duarte appeals to the Supreme Court and does not release copies of ‘The Truth About A Lie’ which are now under her control

18 Mar 2010 - Portugese Supreme Court rejects McCanns’ appeal and orders Isable Duarte to release all copies of Gonçalo Amaral’s book.

by aiyoyo 19.03.11 15:48

[You must be registered and logged in to see this image.] YOOHOO.....GREAT NEWS!!
Which tbh was expected, not surprising at all - because the three wise judges when making that ruling had covered all eventualities bearing great foresight that the buck stops with them and that any counter appeal stands no chance.
Besides which appeal court could override ruling of a panel of 'three judges' without looking stupid or without making it's own system look stupid.

Now, let's see what that arrogant bxxxx Isabel Duarte has to say about her unlawful behavior of non-return of the books..
Or, is she going to cost her lying clients the mccanns more damages in terms of money and reputation. Effectively she'd single-handedly done more damage to the mccanns ........ they deserved each other..

A 'crime of disobedience' had already been committed by ID from the moment she'd refused to return the books going against the 'overturned injunction ruling'.....she'd absolutely no right whatsoever to take the laws into her own hands even if she was appealing.

I hope team mccanns is made to pay heavily for their arrogance and disrespect of the law.

NO wonder they were begging for celebrities casts off to raise fund!

by theolivebranch 19.03.11 16:44

Hello Aiyoyo, I agree 100% with your post. Trouble is they don't pay. The people who support in whichever way with money, either dip in purse/bank/coffee morning/sponsored whatever. They pay, not the McCanns. They still live in their executive house, Gerry still earns his NHS salarty as well as his private earnings, word used very loosely [You must be registered and logged in to see this image.]
So they don't pay, never have. Everyone else has.
But there is more than one way of paying. And I hope and pray that one day they will pay the ultimate price, their freedom.

by ShabbyTiger 19.03.11 18:09

theolivebranch wrote:Hello Aiyoyo, I agree 100% with your post. Trouble is they don't pay. The people who support in whichever way with money, either dip in purse/bank/coffee morning/sponsored whatever. They pay, not the McCanns. They still live in their executive house, Gerry still earns his NHS salarty as well as his private earnings, word used very loosely [You must be registered and logged in to see this image.]
So they don't pay, never have. Everyone else has.
But there is more than one way of paying. And I hope and pray that one day they will pay the ultimate price, their freedom.

Spot on! Even with the earnings from their book, I hope this wipes them out financially and, crucially, leaves them in a position where they cannot afford to legally challenge Dr Amaral should he wish to publish his book in the UK.

by aiyoyo 19.03.11 18:27

Well if they lose the libel they instigated, which from all angles they look very likely to, they may find themselves up shit creek and may have no choice whether they like it or not but having to pay out of their own pockets.
Can u imagine any of their rich and famous supporters still wanting to be seen associated to the mccanns on their lost cause? Besides, them losing their own instigated case would have an impact on believers of the 'mccanns abduction theory'. I think it would be safe to say CM's recently mouthed 'the abduction is just a hypothesis' is to pre-empt the libel defeat.

I suspect their book even if it was in pipeline from the word go was suddenly ready for publication at this juncture getting ready to meet 'unexpected' legal costs. Notice when the book release was announced? Right after the 'overturn of the temp injunction'. The mccanns always planned this sort of eventuality well in advance.

Dont forget if or when they lose the libel they'll have to bear legal cost of other side as well.
As it is they were obliged to pay Amaral's appeal cost (because they lost).... continuing legal cost ...up to now and more to come running up to libel and even post libel trial because it would be fairly safe to believe that team Amaral will sue them and/or file for damages/compensation against them.
Now surely, even their rich supporters are not stupid enough to want to donate towards their legal expenses of that kind or magnitude!

Anyway, those gullible supporters were deceived into believing they were supporting mccanns' private dicks werent they? When the mccanns' dirty laundry is re-air, which it will during the libel trial.....their supporters will flee with tails between their legs......at tsunami speed.

They'd better prayed hard enough their book will take off making them the profit they so need for the legal costs ie presuming their publisher is still going to back the 'dead' horse. Someone should inform Transworld of the failure of the mccanns' counter appeal.

Hey, olivebranch, luck has no staying power....they will have to pay one way or another...money wise I mean.
Their big house may not have to forego their material pleasure...big house and car.....but they will have some schemes going -- riding on Maddie's back always ...tv appearance ..talk shows...interviews...another book...whatever...anything that will make them money for legal costs. It has always been legal costs they'd in mind when they set up the fund - have no doubt about it.

Bet they're self-administering medication to go to sleep! Would it be calpol? Stronger? OH dear!

by Guest 19.03.11 18:45

Just how is throwing all this money at suing Mr Amaral helping to find Madeleine. It isn't. If they believe she is still alive, they should be using every penny of that money to search for her. Not paying for costly court cases and lawyers. Mr Amaral was investigator on this case and is entitled to his opinion as a police officer of many years standing. The McCanns have had more publicity in every corner of the world than a missing child has ever had. People have a right to read what they want to read, and to make up their own minds.

by aiyoyo 19.03.11 18:57

ShabbyTiger wrote:
theolivebranch wrote:Hello Aiyoyo, I agree 100% with your post. Trouble is they don't pay. The people who support in whichever way with money, either dip in purse/bank/coffee morning/sponsored whatever. They pay, not the McCanns. They still live in their executive house, Gerry still earns his NHS salarty as well as his private earnings, word used very loosely [You must be registered and logged in to see this image.]
So they don't pay, never have. Everyone else has.
But there is more than one way of paying. And I hope and pray that one day they will pay the ultimate price, their freedom.

Spot on! Even with the earnings from their book, I hope this wipes them out financially and, crucially, leaves them in a position where they cannot afford to legally challenge Dr Amaral should he wish to publish his book in the UK.

Dr. Amaral's book in Uk is not going to happen - not in the immediate future - u can bet on that!

The mccanns will fight tooth and nail even selling their BIG house to prevent that if they've to. There is no way in a million year they will allow that - no way hosey...they'll do absolutely everything within their power to stop that.

Can anyone imagine the impact if the Dr. Amaral's book were to make it to UK? Nightmare for the mccanns...worst than going to trial..because going to court means definitely an outcome one way or another. With public opinions ...it's certainly going to be death by public eyes once people turned mccanns skeptics...no two ways about it.

Besides the libel law in UK is different from Portugal so Amaral will have to have his legal team study that before anything else. Having said that, the mccanns might use their influence in the UK all they want, however, if English version is published in say America or Aust it will be beyond mccanns' power to stop online transactions in the UK....that element is too complicated for even the mighty mccanns to counter! There will come a time when the mighty mc...canns become mc...cannot and mighty no longer!

by aiyoyo 19.03.11 19:07

candyfloss wrote:Just how is throwing all this money at suing Mr Amaral helping to find Madeleine. It isn't. If they believe she is still alive, they should be using every penny of that money to search for her. Not paying for costly court cases and lawyers. Mr Amaral was investigator on this case and is entitled to his opinion as a police officer of many years standing. The McCanns have had more publicity in every corner of the world than a missing child has ever had. People have a right to read what they want to read, and to make up their own minds.

But Candyfloss it was NEVER about Maddie. It was ALWAYS about the mccanns!
They were and still trying to sweep it under the carpet in front of the world audience.

So long as Maddie is still missing, they will continue to do that..they got on a roller coaster ride which doesn't have a 'stop' button....well they realise belatedly the 'stop' button is beyond their reach anyway...

TOO BAD for them. No going back to their clean reputation...mud is mud!

by **PeterMac** 19.03.11 22:59

Surely you read about it in the British press ?
No ?
I wonder why not.
The Fund and its trustees will now be in serious meltdown. Can anyone estimate the costs of an action like this in the Supreme Court, top be added to all those in the lower courts. And will the McCanns be personally liable, or will the Fund be able to help them ? I am not a lawyer, so I can only guess.

by aiyoyo 20.03.11 6:28

PeterMac wrote:Surely you read about it in the British press ?
No ?
I wonder why not.
The Fund and its trustees will now be in serious meltdown. Can anyone estimate the costs of an action like this in the Supreme Court, top be added to all those in the lower courts. And will the McCanns be personally liable, or will the Fund be able to help them ? I am not a lawyer, so I can only guess.

Are u addressing me?

Well the fund and its trustees meltdown is part myth part truth isnt it? Not all trustees are gone and I heard those gone were replaced werent they?

Well no matter what goes on ON THAT BOARD, it sure isnt promising. The downward trend is going to continue until only the mccanns and family members are left on board. All the fundraising in pipeline and money they dreamed coming into the fund will only be mccanns' facade at pretending the search is ongoing. God only knows where the money was spent? An authority looking into details of the fund would be the start of the stripping down of the mccanns' mask. Were books kept properly, recorded as it should be (money-envelopes sent to rothley mansion recorded or not), how much was collected and how much spent. Being private limited...I suppose there must be a valid legal to start investigating their books...i cant see that happening unless faked abduction is proven first.

by **PeterMac** 20.03.11 7:29

I was adressing the world, in an ironic way, to point out that the British Press have not, and probably will not report this piece of news.
I would be interested to hear of the likely costs though. Perhaps Joana M will be able to help. And then we should see them reflected on the end of year financial statement.
Sorry, that is another piece of Irony.

by **PeterMac** 20.03.11 10:25

And following the Express publishing the details today, I take it all back. The British press, (non Murdoch) has actually printed it. A good start.

by Guest 20.03.11 10:27

It would be interesting to know exactly how much money has been spent on trying to ban the book, and the subsequent appeals etc. In the video below Clarence Mitchell states all the money donated from the public had virtually gone, and it was just the money in there from the settelement received from the newspapers etc. and it could be spent in any way to assist the McCanns, in other words the court cases. Now that cannot be strictly right because people have been donating in the meantime, and there have been numerous fund raising events. So there is public money in there, and whilst they have a donate button on the website, they cannot say that really. Look at around 6 mins into the video. It is also interesing where he is asked about the Jane Tanner case.

[youtube][/youtube]

by ufercoffy 20.03.11 10:29

Clarence does not look a well man nah

by Guest 20.03.11 10:34

Thank you for the info PeterMac, so have found this,

WAR OF WORDS LOOMS OVER MADELEINE MCCANN BOOKS

Kate McCann publishes her fundraising book called Madeleine later this year
Sunday March 20,2011
By James Murray

FORMER Portuguese police chief Goncalo Amaral is set for a new legal battle with Kate and Gerry McCann after writing a second book about their missing daughter Madeleine.

Mr Amaral’s book will be published in Portugal next month shortly before Kate McCann publishes her fundraising book called Madeleine.

It could not come at a worse time for Kate, 42. She is hoping someone who reads her book will come forward with information about the person who took her daughter on May 3, 2007.

The McCanns’ private investigator David Edgar is also preparing to beef up his team in Portugal to react swiftly to any new leads produced by Kate’s book. It goes on sale in Britain on May 12 and a week later in Portugal.

The McCanns have already fought a costly legal battle over Mr Amaral’s first book on the case. Called Maddie: The Truth Of The Lie, it was taken off the shelves for several months before being allowed back on sale.

On Friday the McCanns lost an appeal in Portugal’s Supreme Court to stop his first book from going back on the shelves there. The timing of this new book is just coincidental, nothing was planned
Goncalo Amaral’s wife Sofia said

In the book Mr Amaral put forward the theory that Madeleine had died in apartment 5a of the Ocean Club complex in Praia da Luz on the Algarve. His conclusion angered the McCanns, who insist there is no evidence to suggest Madeleine died there and they still hope she is alive.

Now the stage is set for a fresh legal battle. Mr Amaral’s wife Sofia said: “Goncalo has been working on his book for about six months, spending days and nights assessing all the evidence. He has put in an enormous amount of work. The title has not been decided and a publication date will be sorted out this week.

“At this stage he doesn’t want to say too much, but he will say his investigation was cut short and he will explain what he would have done if he had been allowed to continue. The book is not just about Madeleine. He gives the background to other big cases he was involved with.

:

“The timing of this new book is just coincidental, nothing was planned. We are not trying to cash in on the fourth anniversary of Madeleine’s disappearance and we do not want a fight over Kate’s book.”

Mr Amaral was a senior investigation officer in the case but was taken off it after criticising British police for an alleged lack of co-operation.

After resigning from the Policia Judiciaria, he has become a successful author in Portugal and regularly appears on television news. He has tried to publish The Truth Of The Lie in Britain but no publisher has accepted it for fear of being sued for libel.

Kate McCann is said to have been warned by her publisher to be careful of what she says about Mr Amaral. However, she does chronicle her frustration with him and her anger over the way he looked at the case.

The Sunday Express can also reveal that Mr Edgar has been making regular trips to Portugal to check out leads in recent months.

A source said: “The investigation is very active. There is a hope that Kate’s book will lead to someone coming forward with the key piece of the jigsaw

Read more: [You must be registered and logged in to see this link.]

So Mr Amaral is set to publish a new book wow

by Guest 20.03.11 10:39

[quote from express snipped]

Kate McCann is said to have been warned by her publisher to be careful of what she says about Mr Amaral. However, she does chronicle her frustration with him and her anger over the way he looked at the case.

Read more: [You must be registered and logged in to see this link.]

by aiyoyo 20.03.11 14:37

PeterMac wrote:And following the Express publishing the details today, I take it all back. The British press, (non Murdoch) has actually printed it. A good start.

Remind me again - wasnt it Express who paid out to the mccanns?
Now, mccanns can do nothing against Express for this factual reporting ie that they didnt manage to stop Amaral's right to freedom of expression. Poetic justice for Express indeed.

Just goes to show it doesnt pay to antagonise the Press - b/c when the tide is turned, mccanns will beget the full brunt of all the shit coming their way.

by aiyoyo 20.03.11 14:43

candyfloss wrote:Thank you for the info PeterMac, so have found this,

WAR OF WORDS LOOMS OVER MADELEINE MCCANN BOOKS

Kate McCann publishes her fundraising book called Madeleine later this year
Sunday March 20,2011
By James Murray

FORMER Portuguese police chief Goncalo Amaral is set for a new legal battle with Kate and Gerry McCann after writing a second book about their missing daughter Madeleine.

Mr Amaral’s book will be published in Portugal next month shortly before Kate McCann publishes her fundraising book called Madeleine.

It could not come at a worse time for Kate, 42. She is hoping someone who reads her book will come forward with information about the person who took her daughter on May 3, 2007.

The McCanns’ private investigator David Edgar is also preparing to beef up his team in Portugal to react swiftly to any new leads produced by Kate’s book. It goes on sale in Britain on May 12 and a week later in Portugal.

The McCanns have already fought a costly legal battle over Mr Amaral’s first book on the case. Called Maddie: The Truth Of The Lie, it was taken off the shelves for several months before being allowed back on sale.

On Friday the McCanns lost an appeal in Portugal’s Supreme Court to stop his first book from going back on the shelves there. The timing of this new book is just coincidental, nothing was planned
Goncalo Amaral’s wife Sofia said

In the book Mr Amaral put forward the theory that Madeleine had died in apartment 5a of the Ocean Club complex in Praia da Luz on the Algarve. His conclusion angered the McCanns, who insist there is no evidence to suggest Madeleine died there and they still hope she is alive.

Now the stage is set for a fresh legal battle. Mr Amaral’s wife Sofia said: “Goncalo has been working on his book for about six months, spending days and nights assessing all the evidence. He has put in an enormous amount of work. The title has not been decided and a publication date will be sorted out this week.

“At this stage he doesn’t want to say too much, but he will say his investigation was cut short and he will explain what he would have done if he had been allowed to continue. The book is not just about Madeleine. He gives the background to other big cases he was involved with.

:

“The timing of this new book is just coincidental, nothing was planned. We are not trying to cash in on the fourth anniversary of Madeleine’s disappearance and we do not want a fight over Kate’s book.”

Mr Amaral was a senior investigation officer in the case but was taken off it after criticising British police for an alleged lack of co-operation.

After resigning from the Policia Judiciaria, he has become a successful author in Portugal and regularly appears on television news. He has tried to publish The Truth Of The Lie in Britain but no publisher has accepted it for fear of being sued for libel.

Kate McCann is said to have been warned by her publisher to be careful of what she says about Mr Amaral. However, she does chronicle her frustration with him and her anger over the way he looked at the case.

The Sunday Express can also reveal that Mr Edgar has been making regular trips to Portugal to check out leads in recent months.

A source said: “The investigation is very active. There is a hope that Kate’s book will lead to someone coming forward with the key piece of the jigsaw

Read more: [You must be registered and logged in to see this link.]

So Mr Amaral is set to publish a new book [You must be registered and logged in to see this image.]

IIRC, littlepixie had started a standalone thread on this. Yes, Amaral has stolen their thunder. Boy, the mccanns must be lividly furious.

Expect comments like: it is not helpful, in fact it is hurtful that Amaral is continuing in this vein which is hampering the search for Maddie.

Of course they conveniently forgot they are also penning a book which they slying termed 'fundraising book'.....blimey heck...it's only Ok if they do it. Others are not allowed to express their opinions. Get real mccanns!

by aiyoyo 22.03.11 15:55

Daily Express is doing a sterling job so far of coverage appeal not upheld -
just goes to show it doesnt pay to antagonise the Press.

Since presumably no UK publisher dares to take the risk to publish Amaral's Truth of the Lie, I am wondering if the UK papers were to acquire serialisation right for Amaral's book would that be considered libellous? Maybe serialisation can be selective avoiding passages stating mccanns were involved but include dogs evidence and other data on process in the files ..which should serve the purpose of putting across investigators version ..
Plus I'm thinking if mccanns were to apply for injunction to stop serialisation it would look bad for them and there is no guarantee injunction will be granted.

I hope it will be a question of time before that happens. A serialisation of Amaral's book at parallel time as rival paper covers serialisation of the km's book will be sensational sure to generate sales volume.