A discussion document issued by the Madeleine McCann Research Group, 14 February 2012
On
20 October 2010, the Portuguese Appeal Court made a historic decision
in the long-running case of Dr Gerald McCann and Dr Kate McCann -v- Dr
Goncalo Amaral.
After a lower Portuguese Court had banned his
book for 13 months, the Appeal Court decided, having regard to the right
to freedom of speech and expression, that it was not libellous for his
book, once again, to be freely sold in Portugal (and other countries,
such as Brazil), where Portuguese is spoken.
We reproduce relevant extracts of the judgement below.
Not
only has Dr Amaral’s book on the disappearance of Madeleine McCann,
‘The Truth About A Lie’, been freely available in Portuguese-speaking
countries for the past 16 months, it has also, since various dates from
September 2008 onwards, been available in no fewer than eight different
languages, and all the countries that speak those languages.
We’ve
done a calculation as to which countries have Dr Amaral’s book on sale
in their main language. Here they are, in alphabetical order:
Andorra
Argentina
Austria
Belgium
Bolivia
Chile
Cuba
Denmark
Ecuador
France
Germany
Guatemala
Holland
Honduras
Italy
Luxembourg
Mexico
Nicaragua
Norway
Paraguay
Peru
San Marino
Spain
Surinam
Sweden
Switzerland
Uruguay
Venezuela.
We estimate that around 1,100,000,000 people live in those countries: 1.1
billion, or nearly one-sixth of the world’s population.
Madeleine
McCann was a British girl, born and bred in England, a land famed the
world over for its freedoms, including the right of free speech. Yet Dr
Amaral’s book cannot be published and sold in this country. Indeed, not
only that, former Madeleine Foundation Secretary Tony Bennett currently
faces a term of imprisonment for, amongst other things, referring to
that book. In July 2010, for example, the Madeleine Foundation published
a leaflet about Dr Goncalo Amaral, in which this statement appeared:
“In
‘The Truth About A Lie’, Dr Amaral explains why he and his team had
good grounds for believing Madeleine had died in her parents’ apartment
and covered up her death”.
That was and is a true - 100% factual
statement. Yet as The Madeleine Foundation reported last year, the
McCanns believe that the British public should not even be able to read
that sentence. Carter-Ruck told the Madeleine Foundation that that
sentence in their leaflet was libellous.
The world has turned upside down. Over a
billion
people worldwide can read the account by the initial senior detective
in the case of the history of, conclusions arrived at, in his
investigation.
But the people in the land where Madeleine was born, so the McCanns say, should not be allowed to read it.
There
are in fact translations of Dr Amaral’s book available on the internet.
Such is the power of the McCanns’ lawyers, Carter-Ruck, however, that
we are not sure if we can give you the links here. So we won’t.
But
what we can and will do is reproduce those parts of the Portuguese
Appeal Court’s judgement which explain just how widely in the world Dr
Amaral’s book can be bought and read:
EXTRACTS FROM THE JUDGMENT OF THE COURT OF APPEAL
IN PORTUGAL - IN THE CASE OF McCANNS -v- AMARAL
On 24 July 2008, the defendant Dr Goncalo Amaral first published his book, through publishers Guerra e Paz.
In that book, Dr Amaral put forward the following hypothesis:
That the child Madeleine McCann died in the Ocean Club apartment G5A in Vila da Luz, on the evening of 3 May 2007
That the McCanns and their friends fabricated an abduction
That Dr Kate Healy and Dr Gerald McCann are suspected of involvement in the concealment of their daughter’s body
That the death may have been the outcome of a tragic accident
That there are indications of neglect of the care and safety of the children.
Dr
Amaral’s book was published in four editions by the end of July, a
further nine by the end of August, and another 12 by end of September.
Each edition was of around 10,000 copies. [Thus, in all, around 250,000
copies were printed]. At the time of our decision, the book had been
sold out at practically all points of sale.
When the book was
published, Dr Amaral gave an interview to the newspaper Correia da
Manha, published on 24 July 2008. In that interview, he explained his
analysis of the case. He also gave interviews later to all other media
that asked him for an interview, each time defending the book’s thesis.
At
the beginning of May 2009, Dr Amaral published his book in France, this
time under the title: ‘Maddie, L’Enquete interdite: Les revelations du
commissaire portugais charge de l’enquete [The revelations of the
Portuguese co-ordinator of the investigation].
Dr Amaral also
gave countless interviews to several media in France, including the one
that was published by Le Parisien newspaper in both its paper and online
editions. In those interviews, Dr Amaral continued to promote his
hypothesis on the case. The book’s French edition was, and continues to
be, systematically and prolifically promoted on the internet, for
example on the following websites: [a long list of websites follows] .
Between
the date when the Portuguese edition was published [24 July 2008] and
the date of the book’s French edition [May 2009], Televisao Independente
(TVI) broadcast a TV programme produced by Valentim de Carvalho for the
company Filmes, Audiovisuais, SA [FASA], who hold the copyright of the
documentary.
The first transmission of that programme was on 13
April 2009, the second on 12 May 2009. This programme was essentially
based on the contents of Dr Amaral’s book: ‘Maddie: The Truth About A
Lie’. In that documentary, Dr Amaral appears and continues to advance
his theory (a) that Madeleine is no longer alive (b) that her death
occurred within their Ocean Club apartment, and (c) that her parents,
the McCanns, concealed their daughter’s body.
At least 2,200,000 people viewed the first screening of this programme.
At
the end of April 2009, a DVD of the programme was made, with the
following title and subtitle: ‘Maddie - The Truth About A Lie: A
powerful documentary based on the best-seller ‘The Truth About A Lie’ by
Goncalo Amaral. Already, 75,000 copies of this DVD have been
distributed for sale. The DVD is published on FASA’s website.
All
the actions within the investigation that Dr Amaral reports in his book
are documented within the investigation file. Not only that, but the
investigation documents were also made available in electronic format,
not only to the national media, but to international media. These media
proceeded to divulge the contents of the reports and statements from the
investigation file. This publication of the electronic reports
naturally enabled knowledge of the facts of the investigation to be
circulated. Public comments were made and soon there was universal
discussion of the contents of the investigation file. Any individual in
the world can have access to these facts and to the documents of the
investigation which enabled the facts of the investigation to be
verified. All of this was only a click on the mouse away.
The
friends of the McCanns did not make themselves available in Portugal to
attend a reconstruction [of the events of 3 May 2007]. This is all
documented on pages 4,636 to 4,638 of Volume XII of the ‘Investigation
Processos’ files, complied by the Prosecutor’s office.
Dr Amaral’s book was published, through other editors, in several countries, as well as in France, as we referred to above.
The publications occurred as follows:
In Spain, September 2008, titled ‘Maddie - La verdad de la mentira’
This was distributed in the Spanish/Castilian language in Spanish-speaking Latin American countries
In Denmark, in November 200, titled ‘Maddie - Sandheden on Lognem’.
This Danish edition was then published in the Nordic countries of Norway and Sweden
In Italy, December 2008, titled ‘Maddie - La Verita della Menzonga’.
That edition was distributed in Italian-speaking countries all over the world
In Holland, April 2009, titled ‘Maddie - De Waarheide Achter de Leugen’.
That was distributed in Dutch-speaking countries throughout the world
In Germany, in June 2009, with the tile: ‘Maddie - De Wahrheit uber die Luge’
This was also distributed in German-speaking countries, including Austria and Switzerland.
There is also an English version circulating on the internet, on the web site
http://goncaloamaraltruthofthelie.blogspot.co.uk/ , where a Portuguese version can also be found.
Published by the Madeleine McCann Research Group, 14 February 2012
-----------------
For discussion, please visit this thread on the CMOMM forum: https://jillhavern.forumotion.net/t4381-the-billion-people-who-can-buy-read-and-discuss-the-truth-about-the-lie-versus-the-free-speech-nation-which-cannot?highlight=billion