Thursday

Gonçalo Amaral can Appeal the Judge's decision which will move the process into Court

Judge explains decision of forbidding sale

The decision, by judge Amélia Puna Loupo, analyses the constitutional rights that are at stake and in conflict: those of freedom of expression and freedom of press, and those of physical integrity and personality. The conclusion was that the rights of personality should prevail

by Ana Paula Azevedo

The magistrate concluded that, with the evidence that she was presented – namely the archiving dispatch of the Public Ministry’s inquiry into the child’s disappearance, the editions of the book ‘The Truth about the Lie’ and the television documentary that is based on it -, it had to be evaluated, as determined by law, which should prevail in fairness. And she concluded that the rights of personality should prevail.

Therefore, she considers that the fear that has been alleged by the McCann couple, that the dissemination of the book (which has already been published in eight countries), as well as the statements that Gonçalo Amaral has been making about it, will provoke them new offenses (against them and their children, Sean and Amelie), apart from hampering the continuation of searches for Maddie, is founded.

The magistrate recalls that the Public Ministry’s archiving dispatch in the inquiry into the disappearance of Madeleine McCann concluded that there is no evidence to accuse the McCanns of any crime. Therefore, the repetition of the former inspector’s thesis always causes serious and hardly repairable damage to the McCann family.

The decision to prohibit the sale of the book and the documentary has immediate effects. Gonçalo Amaral can appeal the decision to the Appeals Court or state his opposition to the decision (which in this case moves the process into a court session, that would be presided over by the same judge) – but such would have no suspension effect.

source: Sol, 09.09.2009

Translated by Astro on Joana Morais