Friday, 24 April 2015

3 hours? For Tapas????

1. Introduction

We didn’t have any intention of publishing this week.

This was for two reasons, one was we thought that last week’s post – it was one of our most read weeks ever – was too important not to have an extra week on the front page of the blog and the other is that the post did give us a lot of work so we thought we deserved a rest. And intended giving ourselves one.

But as Santa Claus has elves we have our Textusa’s Little Helper, better known as Insane. The same person who almost 4 years ago pointed us, correctly we must add, in the direction of what would be last week's post “Irrefutable proof”.

This week, more precisely on Monday, Insane decided again to give us reason to blog.

So just to acknowledge his efforts in the discovery of the truth as to what happened to Madeleine McCann we gave up the rest which we were lazily enjoying and came back here to write this post.

In his playground in his corner of the internet – where he’s sworn to show things yet to be shown – this is what he wrote on a post (the asterisks are ours):

“Monday, 20 April 2015

Load of Bullen-sh*t

Seems others are noticing that Textusa talks out of her *rse, with forums rightly pointing out that there is no evidence that the person Her Loonyness identified as the ''mystery woman'' was in fact her.

Wait until they notice that for Textusa to be right, the Bullen group would have to have spent 3 hours at dinner.

3 hours? For Tapas????

Posted by Not Textusa at 11:35 No comments”

2. Mystery Woman

First, Insane, we have never said that Dawn Bullen spent 3 hours at Tapas.

As we don’t think the Tapas dinners ever existed as described, we could hardly state that a person was, for whatever period of time, somewhere we didn’t think she was.

We have only shown what others say about where and when Bullen was on that evening of May 3 2007.

They being the Ocean Club and Jacqueline Williams, a Mark Warner nanny.

The Ocean Club alleges, via the May 3 Tapas reservation sheet it handed over to the PJ, that the Bullens (misspelled Buller) reserved a table at 07.00 pm for 4 adults. The same time as Edmonds, Carpenter and Mann.

According to that sheet, they were allocated table #201 and their presence was checked.

You, Insane, are assuming they were punctual and arrived at 19:00.

We have no way of knowing that but have no problem in also taking it as correct that it was around that time the Bullen group allegedly arrived at Tapas. We agree on arrival time.

Jacqueline Williams, about Dawn Bullen that night, says the following:

“That on last May 3 2007, at 22.05, being the deponent performing her functions at the Mini Club, in the service called “dinner period" (sic), together with her colleagues Charlotte and Amy, an individual of the female gender whose name she cannot indicate, only that she was the mother of a child who was there (belonging to the Toddlers2 group), being a tourist lodged in the resort in question and who ended her stay last week, went to those facilities saying she had been informed that a child with the name “Maddie” had disappeared, so the parents of that child needed the help of the nannies in order to try and find her.”

She does not refer to Bullen’s name, that’s true.

But does say two things about this mystery woman that allows us to make a positive identification of her as Dawn Bullen:

- at around 22:00 (22:05 according to Jacqueline or 22:15 according to Charlotte Pennington) she knew Maddie had disappeared;

- she was the mother of a child who attended the Toddlers 2 club.

That mystery woman had to be at Tapas that night unless anyone can come up with an alternative scenario, for someone to have known at that time Maddie had disappeared  According to various statements the alarm took place at the Tapas – nobody else heard it apart from those at the Tapas.

To spread that alarm so quickly, only a diner could have told reception in that timescale.

Having a child at Toddlers 2 club and also in the alleged night crèche that night,  rules out the Tapas staff, which means mystery woman had to be a guest.

The Bullens, as we showed in our “Luz's secret service” post, were the only guests dining  at Tapas who didn’t have their child, who attended Toddlers 2 club, with them during that alleged dinner.

Mystery woman can only have been Dawn Bullen.

Insane, if you – or anyone else – can demonstrate that mystery woman was any other than Dawn Bullen we will gladly correct ourselves. We must warn you that saying simply “it wasn't her” does not constitute enough information to make us change our minds.

3. 3 hours? For Tapas????

people running to get a cover at Tapas Bar

We were surprised by the disdain you, Insane, have shown concerning Tapas.

Wasn’t it supposed to be such a quality restaurant that people rushed and queued up to get one of the only 20 covers available there? 15 if one is to take Kate McCann’s word in her book. That particular week, there were only available 11 covers (or 6, again according to Kate) as the T9 had taken 9 covers off the market, so to speak.

A 3 hour dinner is not unusual for a restaurant that seems to have a much greater demand than its offer. The harder it is to get a reservation the more one tends to savour the moment and prolong the pleasure.

But your 4 question marks make it clear that you think an absurdity for anyone to have spent 3 hours at a place like Tapas:

That conclusion can only come from the fact that you agree with us that Tapas had no further added value than any second-rate fast food restaurant and one does not spend 3 hours in one of those unless one really has to.

Add the fact of eating outside in an esplanade that tunnels the breeze of a chilly evening (for some reason Jane Tanner borrowed Russ' fleece, allegedly) and we totally subscribe to your 4 question marks in your “3 hours? For Tapas???”.

4. The Bullens' Tapas dinner

3 hours? For Tapas????

If the Bullens came in at 19:00 and stayed up until 22:00 – the group had to have stayed until that time otherwise Dawn couldn’t have possibly known that Maddie had disappeared – then, yes their dinner at the Tapas esplanade would have taken 3 hours.

We agree with you that time to have dinner outside in an esplanade like Tapas is absurd, laughable and ludicrous.

5. The Carpenters' Tapas dinner

2.5 hours? For Tapas????

Using the same reasoning then Insane must agree with us that the Carpenter family Tapas dinner of May 3 is equally nonsensical, outrageous and preposterous as the Bullens’.

The Carpenters also arrive at 19:00 and say they leave at 21:30.

If a 3 hour meal at the Tapas esplanade for 4 adults is risible, what can one say about one that lasts 2.5 hours of a family of 4 with a toddler and an infant?

Unbelievable? Yes, we would agree with you on that too, Insane.

6. The Tapas 9 Tapas dinner

More than 3 hours? For Tapas???? They would be BORED!

This group is said to arrive every night at 20:30, as per Tapas reservation sheets.

Jeronimo Salcedas on May 6 2007, says:

“When asked, he said that they would normally stay at the restaurant until 23.30 - 24.00, although some of them would leave earlier, at about 23.00. They were people who showed their satisfaction with the food and would consume on average 8 bottles of wine (4 red, 4 white) between the nine of them, which he considered to be normal consumption for a group of such a number.”

The same Salcedas on April 23 2008, confirms the group usually left after 23:30 and speaks of one particular night in which it left after midnight

“Generally, they left the Tapas at 23h30/midnight, at times together and at other times in small groups. On the night in which they drank more than usual, they left a bit later, perhaps towards 00h30-01h00. I remember this detail because I was supposed to finish work at 00H00 and I wanted to go home. They always left on good terms and always wished the staff good night.”

Ricardo Oliveira confirms that night to have been on Wednesday:

“It was also normal for certain members of the group to order dessert. After this, they would normally stay at the table until after 24H00 but would always leave before 00H00, the time when the bar closed. One or more of them, on another night, asked for an after-dinner drink. He remembers this clearly because they asked for Amareto and the bar did not stock it.

The witness served almond bitters to all. He remembers that this happened on Wednesday. He does not remember if they had more after-dinner drinks. He does remember that on Wednesday, certain elements of the group got up, with their after-dinner drinks, and headed to the bar and stayed there until about 00H00/00H10. This was the only night where the group elements were in the bar after closing. He also remembers that they would normally be the last clients to leave. Wednesday was the last night they were at the bar after dinner.”

From these statements, the T9 dinner went from 20:30 to 23:30 or later as the T9 group “would normally be the last clients to leave”.

3 or more hours at Tapas????

We have to agree with you Insane, the T9 dinners are indeed comical, farcical and hilarious. The only reason they wouldn't be bored to death would be because the group spent their 3 ot more hours every night behaving like Jacks in the box!

7. Insane

(image from here)

To new readers, Insane is not just any detractor.

The fact that he has dedicated a significant amount of time of his life to, exclusively, try to discredit us bothers us little. In fact he’s quite versatile in the use of puerile insult which at times provides a distraction and is in rare moments even amusing.

The peculiarity about Insane is what he alleges.

He acknowledges contacts with Mark Warner. In a comment in the post “Truth as Clue”:

“As for your remarks about childcare and Mark Warner - well, as you know, I have a Mark Warner contact. I feel it's only right that they should know about the malicious falsehoods you are spreading.”

Confirms these contacts in 2 other comments, one in Nov 14 2012 11:37:00 PM:

“Oh look here - amazing what one can find out by means of a couple of emails to Mark Warner.

You are toast, lady. Finished.

I am going to enjoy this more than is actually decent.”

The other on Nov 15, 2012 10:47:00 PM:

“One thing I really like about Mark Warner is how helpful their staff are. Really go the extra mile for someone needing information. IYKWIM [If You Know What I Mean]


The seriousness of these comments are not their threatening nature but their content.

What was in question was a mail sent by one of our readers to the Ocean Club inquiring as a potential customer for details about the Tapas bar and what sort of food they served.

This mail was written after Maddie's disappearance. 

She received a reply from the Ocean Club that Tapas only served snacks and pizza upon request, if memory serves us right.

The mail was addressed to the Ocean Club and the answer came from Silvia Baptista (do note it was Ocean Club's maintenance manager answering on a customer related subject).

What Insane implied was that Ocean Club revealed the content of this mail to Mark Warner (simply a tourist operator) and Mark Warner, in turn, did the same to a completely different person.

Nice for Ocean Club and Mark Warner customers to know that whatever they may inquire about Ocean Club, the resort will keep it for themselves and share it only with their 10, or maybe 20, best friends.

The people they “go an extra mile” for. According to Insane, that is.

Please note that Insane has also put in the following very interesting comments (asterisks and underlining are ours):

Aug 28, 2011 9:27:00 AM:

“…How would any of you idiots like it if your name came into the public domain because you were witness to a crime, and some mad b*tch set up a site in which she called you a liar, and claimed you were actually involved in the crime you witnessed? Just ponder on that for a moment”

Aug 28, 2011 1:09:00 PM:

“…Where is your sense of shame or decency in accusing innocent witnesses of being involved in covering up the death of a child?

I see no shame or decency on here - just an utter indifference to the rights or feelings of others.

I notice no-one had the b*lls to answer my question about how you would feel if this was done to you - if you were a witness to a crime and some deranged cow on the internet accused you of being involved. You are all a complete disgrace.”

Lastly, Insane, we hope the Bullens are pleased with the insensitive, distasteful, rude and immature word play you made up with their name.

With friends like you, who needs enemies?


  1. Even Black Hats think Tapas dinners are ridiculous. If Insane is a hired hand as I think he is whoever is paying for his services is not happy with the service provided!

    1. So insane is actually admitting in his quoted statement,"witness to a crime,""involved with the crime you witnessed" Is insane, the mystery women's partner?
      Or is he a BH or swinger BH?

    2. Is "insane" or has he spoke to Clarence, uncle Brian about the wonderful people the McCann family chose to hire to "leave no stone unturned" to find Madeleine!?

  2. I don't like Tapas food very much. They miniscule servings are gone in a few seconds and the only way to feel satisfied is to eat a few hundred! But then you'd need 3 hours or more to accomplish that. :)

  3. Hi Textusa. I have been reading your posts for several months now and they really do highlight many peculiarities in the statements and behaviour of the people involved which allow us to question the version of events we have been urged to believe about that fateful night. I have a question relating to something that I find strange about the tapas bookings. Forgive me if I have overlooked this detail when looking at the files there is obviously a lot of material now in the public domain documenting this case to read through. Is the tapas dinner supposed to have occurred on the saturday night 28th prior to the block booking of the restaurant on the sunday morning, I supposed they must have sampled the food before deciding to commit to booking there every night for the rest of their stay?

    1. Anonymous 24 Apr 2015, 12:07:00,

      According to the Ocean Club the Tapas bar closed on Saturdays (the strangest week day to choose to close, as it would be like having stores close for holiday in the week before Christmas), so, supposedly, didn't sample food.

      The reason given for the weekly booking was that it was too tiresome to go to the Millenium every night. Apparently the Ocean Club only had pushcar available for their guests when they went to the beach as the McCanns used one doublebuggy (or 2 singlebuggies) on their alleged trip to the beach in which dead-ends opened up to allow them to pass by.

      Scotland Yard on their October 2013 UK Crimewatch calls the McCanns liars as they put the family using a buggy right on arrival when they go to the pool (a family activity only first mentioned in 2011 in Kate's book)

      The reservation of that week is also doubtful as 2 of the Tapas, Russ and Rachael, say they are the ones who did it, which is in itself odd, and on different days of the week. One says it was on Sunday and the other on Monday.

  4. I believe the dinner were usually long not in Tapas but downtown... what a nights, what a feeling what a sensation, good music after dinner... hmm...?

  5. If little Johnny had written the script for the Tapas dining scene as part of his film-making course, should he be worried about his grades? I would.

  6. If Insane really wants to discredit Textusa he should start supporting her because he does one grand job in discrediting the ones he's defending.

  7. We would like to remind readers of what we said in our "Luz's Secret Service" post about mystery woman being... a mystery woman:

    "But, please sit down and brace yourselves... how can a woman pick up a child from a crèche and her name not be known??

    So there's no doubt about what Jacqueline has said, this is what is in the PJ File, in Portuguese: “deslocou-se aquelas instalações um indivíduo do sexo feminino cujo nome não sabe indicar, apenas que era mãe de uma criança que ali se encontrava”.

    Isn't there a signing in and a signing out procedure? Didn't she have to identify herself and the child before being able to pick her son up? Or does any woman walk in, look at the available children and pointing to one just says “I'll take that one” and leave with the child?

    Isn't that what mystery woman basically did? Picked up a child anonymously? What kind of crèche was “night crèche”? Oh, we forgot, it wasn't.

    By May 08 2007 the Maddie case has exploded worldwide, it's its biggest and hottest issue. It's on every newspaper's front page. The whole world is looking for Maddie and, apparently, a nanny forgets to check up on her facts before going to be heard by the police about it. Not even to say “it was OB's mother”. "

    1. Prior to the dogs being deployed, Portugal believed the answer must lie elsewhere; they should have stuck to their guns.

  8. Censored comment received from Insane:

    "Not Textusa has left a new comment on your post "3 hours? For Tapas????":

    What a load of (censored)

    She said she didn't know the name of the woman - that was at the time she was interviewed and gave her statement. There is no indication whatsoever that the child was released without proper checks being made or proper records kept, like you claimed in your last post, and to allege such is extremely defamatory.

    Posted by Not Textusa to Textusa at 24 Apr 2015, 16:49:00"

    1. Insane,

      We were being ironic when suggesting children were collected by strangers.

      Of course they would know who took the children out.

      The nanny knew she was going to be interviewed about that night. She should at least remember the name of the child she cared for.

      She could have checked the register for the surname of the woman who raised the alarm. Then the woman could have been interviewed. Why didn't she come forward anyway?

      The point is that the name of the woman seems to have been withheld.

    2. Insane,

      From your corner of the internet about Dawn Bullen:

      "Nope. Nowhere does it say that is the case. In fact some of the witnesses say it quickly became pandemonium, with people running about all over the place, and by the time the 'Lost Child' procedure was put in place a number of guests had already turned up to help. So basically you were just winging it with your claims that you ''identified'' Ms Bullen. It could have been any of the dozen or so families with a child at the night creche and you have no way or means of identifying who. "

      Are you saying the T9 are lying when they say Kate leaves table around 22:00? Because it seems physically impossible to at 22:05/22:15 the scenario to be anywhere near what you describe.

      If the "Missing Person Procedure" was already in place, why only through this woman do the nannies learn that Maddie was missing. Who were they looking for before she arrived to inform Maddie was missing and her parents needed help from the nannies?

    3. Insane is more deluded than previously thought, does he seriously think that none of us (individuals) have spoken to anyone related to the pact in all these years? Maybe he should let some light in, or better still, install some skylights or something.

      Far more illuminating than challenging someone who lives and sleeps permanently in the knife drawer. Thank you for your ocular sharpness and crisp analyses,Textusa.
      You have a way of bringing out the unravelling best in Insane.

  9. Insane, can we have a response to 3 hours being a ridiculous amount of time to spend at the tapas?

  10. Great blog Textusa good use of graphics to illustrate your point. How anybody is expected to believe that a group of friends, let alone well off friends would sit every night at those wee brown tables in the chill of the night eating food is beyond me. It looks like the holiday from bell The statements from the waiters are more than suspicious describing deserts and after dinner drinks. The statements gave the impression of a good restaurant and then you look at the tapas tables and the cold stone floor laughable. Besides anyway did you ever try to sit at a table for 3 hours, no matter how good a restaurant it is inevitably it starts to get uncomfortable and you long to move to a less formal setting of a bar or lounge or go home. Well done on debunking these dinners you are quite right they lie at the heart of the case. When this case first broke I and I'm sure a lot of people were looking for red flags that pointed towards the parents involvement these dinners appeared to point towards them telling the truth. The nightly dinners showed that the children had been left every night and the night she went missing was not a one off (red flag) this was backed up with the fact that it was supposed that staff wouldnt back up dinners that didn't exist. I know the dinners when you desect it the way you do now seem ridiculous and laughable but in fairness to whoever came up with it they made the most of the very poor resources they had available to them. They are no doubt experts in judging peoples reaction, they new people would be looking for the red flags and the only thing they had available to them was an old pool bar with a couple of tables. You have to take your hat off to them they did a great job of creating the "tapas dinners" image a cross the world. That is until they were textused

  11. Profundamente indignada!
    Nunca imaginei, Textusa, que fosse este o desfecho.
    Compreendo que se expresse em inglês pois há muito percebi que o seu público-alvo é o britânico mas também lamento que a maior parte dos portugueses não tenha a possibilidade de acompanhar o seu brilhante dissecar de tão complexo caso.
    Afinal o caso passou-se em Portugal e só às autoridades portuguesas deveria ter cabido a investigação do mesmo.
    É apenas um desabafo, fruto das emoções e revolta que me invadem neste momento.

  12. Eu também sou Portuguesa! Gonçalo Amaral também é um Cidadão de Portugal !
    Portanto, eu também escrevo na minha língua materna.
    Eu como Cidadã Portuguesa também me sinto profundamente indignada e espantada !
    Apostaram na destruição de um Ser Humano do Meu País!
    Eu apoio Gonçalo Amaral desde o início de Maio de 2007, como também sofri com o desaparecimento de uma criança de tenra idade.

  13. Mr. Amaral can appeal - and most likely will. The judgement (on the face of it) is quite shocking given what we already know from the judge - and her comments from last year. But this seems to be a 360 degree turn. What chance justice for a little girl ....

  14. About what we have been told about the trial decision let's wait and see, let's wait for the snow to settle in the globe shall we?

    IF all we've heard is true, then only surprised by the amount, not by decision.

    However, many things smell foul. Are illogical and go against Portuguese Constitution.

    So we prefer to read original document before saying anything.

    When book was banned, it was bad news, wasn't it?

    Chin up, please!

  15. As I understand it Mr Amarel's book was banned, he appealed and won, the McCann's appealed and lost, they appealed again and the verdict for Mr Amarel was upheld by the Portugese Supreme Court, so it seems impossible to me that the judge in the damages trial can make a ruling on that, and anyway having the book banned again wasn't part of this trial.

    Also Mr Amarel's lawyer says they haven't had judgement yet, and Ms Duarte isn't commenting.

    Wouldn't she be singing from the rooftops if they really had won that amount of money and had the book banned again?

    So I don't believe a word of this yet.

    Nuala x

    1. Nuala,

      The breeze is bringing in an odd smell, isn't it?

    2. It certainly is Textusa.

      Nuala x


    Nicked from HdH on FB:


    As of 20.00 neither Mr Amaral nor his lawyer had been notified of any decision and as far as we are aware, this has not changed within the last hour or so.

    As you can imagine, this means that they are not in receipt of any verdict.

    The above, also means that any requests from the press or news agencies can only be met with ' no comment'.

    As a consequence, what you are reading in the press can only feature comments from the Mccanns' representatives and is therefore one sided and unbalanced.

    If these reports are correct then this decision certainly contains an unprecedented Sum of damages to be awarded throughout Portuguese history. I'm lead to believe that even severe physical injury or death would not be met with such an award.

    Many are left astonished and this is partly due to information that had been read from the court in January ( link provided) where it was communicated which issues were ' proven' or ' not proven' and partly due to the amount that is at stake.

    We believe that an appeal will be launched as soon as official confirmation is received and this will obviously incur costs.

    We have been asked numerous times today whether members could set up a fund. A fund for Legal costs already exists. ( linked)

    Without the support of Our members, it is certain that Mr Amaral would not be where he is in this process at all, and whilst he feels forever embarrassed, he is deeply grateful.

    This will not be over.

    A decision from a Portuguese court can only be enforced, once the appeals process is exhausted.
    No award will be paid until a final decision is reached by the very last appeals court.

    We have seen this before.

    We will update you as soon as we can.

    1. ..."I'm lead to believe that even severe physical injury or death would not be met with such an award."

      Yes, you're correct, in those cases the top amount is around 50.000 euros.

  17. Shouldn't we be hearing corks popping from Rothley?

  18. No matter what the full story is, from a PR perspective it doesn't look good.

    It reeks of gloating and greed. Not brilliant for one's image and reputation.

    1. I don't know what's going on but totally agree your words are the first thing came into my mind

  19. It's all on our side.......
    Success is not final, failure is not fatal: it is the courage to continue that counts.....
    Winston Churchill
    The game is still afoot!

    1. One of their professional servants might be less reactionary if he told them and himself to: "chill Winston, chill."

  20. It could have been worse,image the msm IF they had been awarded the million they had demanded!!! and actually Mr & Mrs Macscam ,if money wasn,t the reason you say you sued the detective doing his very best to find your little daughter,then please ,I beg you give the money "awarded"to you yesterday to the Nepal Eathquake disaster,or even the Missing Persons Fund!

  21. From FB again

    UPDATE 2

    It has been brought to our attention that British journalists ARE in possession of some documentation that contains a decision. As far as we can make out, this decision is 'real'.


    A few things worth noting:

    In Portugal there is a judicial network/ system used for legal decisions like this. This system is called CITIUS.

    Once documents go into this network, the documents are left with particular markings in the corner.

    We are informed that The documents distributed by Mccanns' representatives do not contain these official Marks.
    As it stands right now, we can only conclude that these were obtained through irregular methods.

    Mr Amaral and his lawyers were not in receipt of any official documentation and they were unable to view any relevant papers on CITIUS as they did not exist on the network - this was as of last night and we have not been notified of any changes to this at the time of making this post.

    No comments can be made by GA or his lawyers until they are in receipt of these official documents from the court and of course, no appeal can be launched.
    All related press is one-sided and based on Documents obtained and distributed through McCann representatives via methods unknown, however, not through the normal/official channels ( CITIUS)

    We will update you further as soon as we have information.

  22. Last night on the 20H00 news, TVI showed an image of the document and made some quotes from it.
    I found this to be very strange because GA«s team said they had not been notified yet.
    This morning TVI put on the report again so I freezed the image.
    TVI is using a fake document. Repeat, TVI used fake document. I have the pics to prove it!
    The doc shown is from 27/03/2015. It's from March!
    And where the McCann names should appear it's altered!
    What is going on????
    Textusa I'll send my mail in a do not publish comment next if you want me to send you the pictures.
    Anyone in Portugal who has MEO or TVCabo can go to programções automaticas and confirm this.

    1. Is this case for real, or have I not woken up and I'm in a cheese induced dream of bizarre qualities?

    2. Anonymous 29 Apr 2015, 08:50:00,

      Seen your pictures but have seen doc posted in the link.

      You're wrong but understand your mistake. The date on front page (27/3/15) is misleading and honestly don't understand why it is there because the date on final page is 28/5/15


    UPDATE 3

    Verdict found available online.
    Working on translation / summary for you.

    1. Having read the document, all we can say at this point in time is to quote Anonymous 29 Apr 2015, 09:00:00

      "Is this case for real, or have I not woken up and I'm in a cheese induced dream of bizarre qualities?"

      It sums it all up quite aptly

  24. At first thought - it makes me want to walk away and forget all about this case because it feels so sickening and demoralising, but then after a deep breath it makes me all the more determined to see it through.....
    wish we could do something constructive to help but other than contribute to Amaral's fund I cant think of anything

  25. Has everyone gone bonkers?
    Read the verdict 3 times and it doesn't make any sense!
    Have to read it again. The ignorance must be mine.

  26. Delighted by the verdict? Relieved, satisfied maybe. Delighted makes them sound like Lottery winners.

  27. Looks as though Textusa had better cancel any plans for this weekend?

    1. Anonymous 29 Apr 2015, 12:37:00,

      The problem with debunking such a document is only on where to begin...


    The plot thickens......

    Yesterday, 28th April 2015, the media reported that the McCanns had been awarded varying figures from the damages trial they instigated against Goncalo Amaral. We were very sceptical as to whether the news was genuine, or whether it was simply more dirty tricks from team McCann, the like of which we saw on January 21st 2015, when someone, rumoured to be Isabel Duarte, the McCann's lawyer, told the Lusa News Agency that the McCann's had won the trial against Goncalo.

    For those of you who don't know what the Lusa News Agency is, it is basically a 51% state owned organization, that gathers reports and articles, press and news companies can then access this information, and use it to publish news through their outlets. As Sky News and various others did yesterday.

    What took us all by surprise as events unfolded, was that the press were getting these stories before Goncalo's legal team were. This just didn't make sense at all The verdict was always supposed to be sent to both parties in writing.

    So why didn't Goncalo's team have the documentation?

    The answer to that is quite astonishing.

    Isabel Duarte got her hands on the document before it passed through Citius, the judicial network, she then passed it on to several journalists.

    The documentation that she was passing round yesterday, bore no official authentication. It couldn't possibly have done, as it hadn't passed through the full legal process.

    We will update this blog for you to judge for yourselves, just as soon as we have more information.

    Some big questions remain though.

    How was confidential information leaked to Isabel Duarte?

    Did Isabel Duarte obtain these documents illegally?

    Has Isabel Duarte breached legal protocol by passing unofficial documentation onto the press?

    and most importantly, could this jeopardise the entire verdict?

    One thing is for sure it opens the door for an official complaint from Goncalo Amaral's legal team, who yesterday couldn't publicly comment to the many calls from the media, as they didn't have any information with which to do so.

    More to follow..............

    50 minutes ago:

    UPDATE 4

    GA and LAWYER now notified - 40 days for appeal deadline starts Monday. As per Lizzy post, it may be filed before but not later.
    More to follow as and when ....

  30. 40 days for appeal, starting monday. Plenty of time to choose a strategic place on the battlefield, prepare your weapon, load it with intelligence instead of utter vengeance, take a long and deep breath and aim with utmost precision. The ‘delighted’ counterpart won’t even hear the click of the trigger.

  31. Courtesy of Isabel Oliveira from FB who we thank for such a great job:


    This is a somehow rushed summary of the verdict together with translation of some parts of it. The verdict will be fully translated but for now , apologies for the bad english and incomplete version.

    As a comment I would only like to add that the Judges decision does not, at any point , consider the book to be untruthful. In fact the court considers the book to be factual as per the investigation and also states that the book revealed nothing new. all the matters covered were in the case files, made public prior to the book release and factual .

    Faced by a conflict in between two conflicting rights in this specific case ( freedom of expression and opinion and the right to a good name and honour ) the court resourced mainly to jurisprudence (both national and international) as well as to Portuguese Civil Law to decide that the right to one's good name and honour should prevail in this case.

    As a note, it is important to remember that lifting an injunction that banned the sale and distribution of the book was decided by a Superior Court (Tribunal da Relação) . This is also Jurisprudence and in Portuguese Law, the decisions of superior courts are also law and are binding for a first instance court . It will probably be an interesting point to check when an appeal is submitted. However since this was a reply by the Relação Court to an injunction I am not 100% sure as to the ins and outs of the decision being or not Jurisprudence and , tehrefore, law. A professional legal person will have to look at it and decide on this one.



    in representation of their children Kate Marie Healy McCann, GERALD PATRICK MCCANN, married , doctors, for them and in representation of their children MADELEINE BETH MCCANN , SEAN MICHAEL MCCANN and AMELIE EVE MCCANN , residents in xxx have instituted the following declarative action , under the form of process , against GONÇALO DE SOUSA AMARAL, resident in xxx. The Applicants have requested that, based on the proceeding action the accused is convicted to the following:

    I-Payment to each of them of damages with a global value not inferior to 1.2 million Euros , being 500.000 Euros to the 3rd applicant (MBM), 100.000 Euros each for the 4th (SMM) and 5th (AEM) applicants and 250.000 Euros each for the 1st (KM) and 2nd (GM) applicants.

    II – to pay retroactive interest, at the legal rate, on the value of the above mentioned amounts since the date of the citation till the payment is fully settled.

    III – To pay emerging material damages, comprising of all the costs that may be liquidated in the execution of the sentence and that are directly and necessarily inherent to the judicial initiatives that are deemed necessary or that have been or will be carried out with grounds on the contents, interviews and news texts mentioned in the official documents / files.

    IV – That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK, chosen by the authors (MCCANN family)in the 15 days immediately subsequent to the final the judicial decision (trânsito em julgado Res Iudicata , please note that this concept is different in Common Law systems and in Civil Law systems)

    V – To pay the court fees, including the fees of its authorised representatives

    Who are they bringing the law suit for damages against

    GUERRA /PAZ 9publishers
    Valentim de Carvalho


  32. (cont)


    I – Prohibition of the sale of the book and an that an order is issued to collect and destroy books and videos still in bookshops or warehouses and that they appoint their authorised representative as the trusted receiver and that the defendants should be notified of that collection

    II – That all defendants are prohibited of making new copies of the book and video, even on the internet, or other books or videos that defend the same theory and are meant to be sold or divulged in Portugal.

    III - Prohibition for all the defendants to freely or onerously concede/ pass , in any form, of the the publishing rights or author rights of the contents of the book or video or other books or videos about the same theme for publishing of the same in any part of the world.

    IV- the prohibition for the defendants that by any means, including the internet, of quoting, , analysing or commentary , express or implicit, verbally or in writing of parts of the book or video that defend the death theory of the 3rd applicant or the concealment of her body, in any part of the world.

    V- That all defendants are prohibited, in any form , including the internet of commentary or reproduction of commentary , opinion or interview where such thesis is defended or may so be deduced.

    VI - the prohibition for all defendants and, in any possible form, of publishing or issuing declarations, photographs or other documents connected to the book, the video or the theory in any means possible ,including the internet.

    VI (VII) -That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK, chosen by the authors (MCCANN family)in the 15 days immediately subsequent to the final the judicial decision (trânsito em julgado Res Iudicata , please note that this concept is different in Common Law systems and in Civil Law systems)

    VII (VIII )– that the defendants are convicted to pay a compulsory and deterrent pecuniary fine for the above mentioned circumstances in an amount not inferior to 100.000 Euros (one hundred thousand Euros per each act of non compliance of the prohibition or impoundment of the books and videos

    VII (IX) - That the defendants are convicted to pay the judicial fees , including the fees of their legal representatives

    Defendants OPPOSED invoking as per below:

    TVI – Freedom of Expression and Freedom of Press
    GA – Freedom of Expression and opinion as per the article 37 of the Portuguese Constitution
    VALENTIM DE CARVALHO – That they had given the trading, distribution exhibition and broadcast rights to a 3rd party and had not sold or edited any video
    GUERRA E PAZ - The book is factual and is in the public interest and there are other books and press documentaries about the “Maddie Case”

    On the 20th May 2014 the procedures were suspended so that the Applicants could obtain the documents allowing them to bring this case in representation of the 3rd applicant (MBM) - This is referring to the WOC . The court registered the lack of permission by a court in the UK regarding MM WOC status. The applicants added a certificate issued by the Family Division of the High Court for Justice (21.03.2014) authorising the parents to represent the minor in proceedings related to the book and media activity related to the same. They also had in their power (since the 16.07.2010) a decision from the same court that authorizes the minor Madeleine Mccann to be an applicant in this case against the 4 defendants.


  33. (cont)

    On the 11th of February the applicants, Gonçalo Amaral, Guerra e Paz, presented the following law allegations in writing:

    A) The APPLICANTS invoking that their constitutionally guaranteed rights are superior to the eventual freedom of expression that the defendants may benefit from . That the book and remaining pieces covered in this suit are not information and aim at transforming the theory of their responsibility on the death of the applicant Madeleine and the concealment of her body in the “result “ of the criminal investigation. That Gonçalo Amaral violated his duties to which he was obliged while an inspector of the Polícia Judiciária.

    B) The defendant, Gonçalo Amaral for the dismissal of the requests, stating that the book was written to defend his personal and professional honour. That it wasthe applicants that breached the safeguard of their private life, image and good name and that the book describes the facts constant in the investigation.

    C) The defendant Guerra e Paz, for the dismissal of the suit brought against them arguing the illegality of the requests in a Democratic State of Law and because the book is an exercise of freedom of opinion, expression and information.

    There is a list of 84 proved facts (a wide combination in favour of the Applicants and the defendants) and a list of 13 non proved facts (these against points alleged by the Mccanns with maybe the exception of point L re GA’s retirement date) These points will be translated at a later date since they are quite extensive so do bare with me.


    Questions to be decided

    After proceedings the question to be answered is the following:

    The book written by Gonçalo Amaral , the adaptation of the book for audiovisual (referred to as documentary from now on) and the interview given by Gonçalo Amaral are these illegal acts or against the law in the scope or article 484 of the Civil Processual Code?

    In attempting to reply the judge will go through the following steps:

    I. The contents of the book , documentary and interview

    II. The conflict, in this particular case, between freedom of expression and the right to the good name and reputation of the applicants.

    In case the court concludes it illicit it is important to establish the following:
    III. If damages are proved that are connected in a cause effect relationship and, if affirmative, what amount should these be compensated for.


  34. (cont)

    IV. If the requests presented by the applicants in the damages suit are adequate to the removal of the effects of the committed illicit.

    Point I – The book is reporting facts that were present in the investigation and there is nothing new there and can, in fact, be confirmed in the report of Chief Inspector Tavares de Almeida (n9) and was pursued in the investigation process (ns 10 and 11), resulting in the constitution of Arguidos of the applicants and this was presented to the media and to the general public through the publication of the copy of the Investigation. (n 65 and 66)

    The Judge considers that the element to be analysed here is the relationship between the defendant Gonçalo Amaral and the investigation. She concludes that the defendant is not a mere commentator and was the coordinator of the case. The judge also mentions the date of the archiving of the investigation and the date of the book launch, only 3 days apart.

    Point II – At the centre of the case, there is a conflict between two existing rights. The applicants (KM and GM) right to third good name as well as the presumption of innocence and the freedom they were always entitled to and the right of the defendant of freedom of expression, in the specific sense he is entitled to a right of opinion.

    The judge then resources to jurisprudence , mainly by the European court of Human rights to weigh the balance between the two rights and which should prevail when conflicts between these two rights exist.

    The following is a list of jurisprudence and studies the judge resourced to in order to reach her decision :

    Universal Declaration of Human Rights (12, 16, 29 -n2)
    European Convention for the protection of human rights
    European court for Human Rights (she stresses article 8 number 1 of the Portuguese Constitution regarding the reception of international laws)
    British cases (Allen C)
    German Cases (Karaman c)

    Civil Code
    Portuguese Jurisprudence as in several decisions of the superior Courts (Both Relação and Supreme Courts)


    Posted by portugalpress on April 28, 2015
    Gonçalo Amaral ordered to pay parents of Madeleine McCann €500,000 in damages

    In a court ruling that has left many in states of total disbelief, former PJ detective Gonçalo Amaral has been ordered to pay €500,000 in damages to the parents of Madeleine McCann.

    The long-running civil case for defamation centring on Amaral’s book ‘The Truth of the Lie’ has finally “come to an end”, Sky News reported on Tuesday. But whether this is an end, or simply yet another lurch in the tortuous proceedings, remains to be seen.

    “Mr Amaral, who led the (original) police search for the girl, can appeal the court’s ruling”, Sky concludes.

    It is a verdict that has set social media alight, with comments ranging from “I love Gonçalo Amaral” to more constructive pointers on how people can donate to his legal fund.

    While many are asking “how could this have happened?”, Portuguese are suggesting it “an outrageous sum” for a country where people generally don’t have that kind of money.

    Added to the libel ‘win’, Amaral is understood to be facing legal charges of another €106,000.

    “The court court also prohibited any more sales of the books and gave the publisher (Guerra e Paz) 60 days to return all existing copies”, Sky continued, adding that the makers of the TV documentary based on the book are now prohibited from selling any more copies of their film.

    It is a far cry from the news published both in Portugal and UK in January hinting that Judge Emília Melo e Castro's “reading of the proven facts” suggested that an outright court win for the McCanns was “unlikely”.

    British tabloid The Daily Express ran (belatedly) with the headline “Exclusive: McCanns will lose £1 million libel trial”.

    Key points in the McCanns’ case were listed as “not proven”.

    Even Amaral agreed he was cautiously optimistic.

    But then came the long wait for the final verdict, and finally Tuesday’s bombshell that despite all the McCanns’ claims “not proved”, Amaral was considered to have “caused harm” to Madeleine’s parents to the extent that both are due compensation of €250,000.

    Even more baffling is the fact that his book has once again been “banned”. A ban was overturned in October 2010 by Lisbon’s appeal court and though the McCann couple appealed, their appeal was overruled by the Supreme Court of Justice in 2011.

    It cannot be without irony that Tuesday’s announcement has been timed to coincide almost to the day with the 8th anniversary of Madeleine’s disappearance from a rental apartment in Praia da Luz.

    Contacted for his thoughts on the ruling, Amaral told the Resident: “We are in the face of a mere battle in a war that is far from over.”


    1. .

      Great comment/opinion article from J.P: Costa!

      I particularly like this bit:

      "Estou curioso para ler a sentença.

      Com tanta submissão aos McCann sempre quero ver se esta termina com a expressão "God save the Queen".

      (I am curious to read the sentencing.
      With all the submission to the McCanns I want to check if it ends with a "God save the Queen")

      And this bit also, on a more serious and ominous tone:

      "5: E não vou continuar a dizer o que me vai na alma, não por falta de vontade, mas porque não sou uma pessoa influente, nem sequer sou inglês e isso parecendo que não é muito importante para quem pode vir a ter que encontrar a cega justiça portuguesa."

      /and I am not going to carry on pouring out what goes inside my soul, not because of lack of will, but because I am not an influential person, not even english, and that, even if it might not seem so, is very important for anyone who might have to deal with the portuguese blind justice.)

  36. Sickos troll McCanns for £357k libel cash

    MADELEINE McCann’s parents have been targeted by trolls after winning £357,000 damages.

    By Jerry Lawton / Published 30th April 2015

    Kate and Gerry were blasted on social networking sites over their six-year battle against ex-police chief Goncalo Amaral.

    The Portuguese officer claimed they covered up their daughter’s death in a best-selling book.

    But the trolls accused the couple of profiting from their daughter’s disappearance.

    Last night the McCanns vowed to use “every single penny” of the pay-out to help find Madeleine, who vanished in the Algarve resort of Praia da Luz on May 3, 2007.

    A team of 31 Scotland Yard detectives is investigating.

    But the McCanns’ spokesman Clarence Mitchell said: “The investigation will come to an end sooner or later and Kate and Gerry will use the official Madeleine fund and any awards made to them to continue their own search.’’

    Their Portuguese lawyer Isabel Duarte said: “Damages my clients receive will be spent on the search for Madeleine.’’

    Mr Mitchell added: “Kate and Gerry remain very grateful for the continuing support from the Government and the Metropolitan Police but realise it cannot last. In a common sense and practical move they have kept some money back from the Find Madeleine Fund in case it is needed.”

    Last night a source close to the case said it was not certain Mr Amaral, 55, who plans to appeal, could pay the damages.

    “Some people think he is a multi-millionaire because of this book but he is not,’’ the source said.

  37. The continuance of Isabel Oliveira's great work translating the trail decision


    PROVED FACTS (points 1-15 of 84) More Later

    1. The applicants KM and GM are married to each other
    2.The applicant Madeleine Beth McCann was born on the 12.05.2003 and is the daughter of the applicants Kate and Gerry McCann
    3.The applicant Sean McCann was born on the 01.02.2005 and is the son of the applicants Kate and Gerry McCann
    4. The Applicant Amelie MCCann was born on the 01.02.2005 and is the daughter of the applicants Kate and Gerry McCann
    5. The Applicant Madeleine Beth McCann has been missing since the 3rd of May of 2007, and the criminal investigation n. 201/07.0GALGSwas open by the General Prosecution of the Republic for the Portimão District.
    6. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in the apartment 5A, Ocean Club
    7. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in a vehicle rented by the Applicants after the disappearance of MBM.
    8. The Applicants Kate and Gerry McCann were constituted arguidos in the scope of the police investigation
    9. Pages 2587-2602 of the criminal investigation, 19.07.2007, chief Inspector Tavares de Almeida wrote a report in which the following section can be transcribed :
    “From everything that was gathered, the facts point in the direction that the death of Madeleine McCann occurred, on the night of May 3rd of 2007, inside the apartment 5A, of the Ocean Club resort, occupied by the couple McCann and by their three children;” (...)

    “From everything that was exposed from the AUTOS, we conclude that:
    A) The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007;

    B) It was performed a simulation of kidnapping;

    C) In order to avoid the death [alarm] of the minor before 22H00, it was created a situation of the children's surveillance by the McCann while the children slept;

    D) Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann;

    E) At this moment, there seems that there aren't strong indicia that the death of the minor didn't happen due to a tragic accident;

    F) From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred.

    So we suggest that the 'Autos' be sent to the Sr. Procurador Geral da República [General Attorney], in order to:

    G) New interrogation of the Arguidos Kate and Gerry McCann;
    H) Evaluation of the measure of restraint to be applied in this case;” Pages 2601 of criminal Investigation


  38. (cont)

    10. Page 2680 of the criminal investigation, 10 September 2007, public prosecutor in charge of the case:

    “In the course of the investigation, where one continues to investigate the disappearance of Madeleine McCann , being the investigation open whether to confirm or infirm its occurrence, in relation to the crimes of abduction, homicide, abandonment and concealment of body and as per our drafted plan, it is necessary to document the real time of said disappearance, find out the precise location of each of the intervenients at the time of the events and also in the time after the events –the McCann couple and their group of friends that were on holiday with them in the tourist apartments Ocean Club in Praia da Luz: Jane Michelle Tanner, Russel James O’Brien, Matthew David Oldfield, Rachael Marianna Jean Manpilly, David Anthony Payne, Fiona Elaine Payne and Diana Webster . There is also a need to determine the movements of the arguidos Kate and Gerry McCann for the time of their stay in Portugal while establishing all the connections between all the intervenients and third parties. In this sense, and because the diligences that will be pointed here are essential to finding the truth, namely to analyse the telephone activity of the McCann couple and their friends, as well as other telephone numbers, that has been established was related to the facts occurred on the night of the 3rd of May 2007, remit the official file to the Mmo. JIC”

    11. Page 3170 of the criminal investigation, 03.12.2007 by the Criminal Instruction Judge of Portimão

    “ Since in the current criminal investigation files the crimes of abduction, homicide, abandonment and concealment of a body are being investigated being the first 3 crimes punishable with sentencing superior to 3 years and because it necessary to identify the suspicious behaviour observed in th surroundings of the place where the child disappeared from and mentioned in pages 3150 and 3154 and following of the case files , having so a high importance to the discovery of the truth , the data requested by the Public Ministry I order that (...) is requested from operator Portugal Telecom (...)” Point AV of the proved facts.

    12. The Defendant Gonçalo Amaral was the Inspector of the Judiciary Police in charge of the coordination of the investigation into the disappearance of the applicant MBM. Amaral

    13. The defendant Gonçalo Amaral retired from the police force on the 1st July 2008 (art 19 Base Instrutória)

    14. on the 21st July 2008 the General Prosecution of the Republic divulged a note to the media announcing the archiving of the criminal investigation and that the same could be reopen by the initiative of the Public Ministry or any interested parties if new elements of evidence that would lead to pertinent diligences (article 20 of Base Instrutória) .

    15. In the archiving report, 21.07.08:

    “ Taking into account that there were certain points in the arguidos' and witnesses' statements that revealed, apparently at least, contradiction or that lacked physical confirmation, it was decided to carry out the "reconstruction of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts, the following very important details, among others:

    1 – The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;


  39. (cont)

    2 – The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;

    3 – The establishment of a timeline and of a line of effective checking on the minors that were left alone in the apartments, given that, if it is believed that such checking was as tight as the witnesses and the arguidos describe it, it would be, at least, very difficult to reunite conditions for the introduction of an abductor in the residence and the posterior exit of said abductor, with the child, namely through a window with scarce space. It is added that the supposed abductor could only pass, through that window, holding the minor in a different position (vertical) from the one that witness JANE TANNER saw (horizontal);

    4 – What happened during the time lapse between approximately 6.45/7 p.m. – the time at which MADELEINE was seen for the last time, in her apartment, by a different person (David Payne) from her parents or siblings – and the time at which the disappearance is reported by Kate Healy – at around 10 p.m.;

    5 – The obvious and well-known advantages of immediate appreciation of evidence, or in other words, the fulfilment of the principle of contiguity of evidence in order to form a conviction, as firm as possible, about what was seen by Jane Tanner and the other interposers, and, eventually, to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.

    In this sense, the legal procedures were followed, according to the norms and conventions that are in force, and the appearance of the witnesses was requested, inviting them to be present inclusively appealing to solidarity with the McCann couple, as it is certain that since the beginning they adhered to that process diligence.

    Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.

    We believe that the main damage was caused to the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified.”(...)

    “This shows that the parents were not persistently worried about their children [and] that they didn't check on them like they afterwards declared they did, rather neglecting their duty to guard those same children, although not in a temerarious, or gross, manner” (...)


  40. (cont)

    “While it is an unavoidable fact that Madeleine disappeared from Apartment 5A of the 'Ocean Club', the manner and circumstances under which this happened are not – despite the numerous diligences made in that sense -, therefore, the range of crimes that were indicated and referred to during the inquiry remains untouched.” (...)

    “Concerning the other indicated crimes, they are no more than that and despite our perception that, due to its high degree of probability, the occurrence of a homicide cannot be discarded, such cannot be more than a mere supposition, due to the lack of sustaining elements in the files.

    The non involvement of the arguidos parents of Madeleine in any penally relevant action seems to result from the objective circumstances of them not being inside the apartment when she disappeared, from the normal behaviour that they adopted until said disappearance and afterwards, as can be amply concluded from the witness statements, from the telephone communications analysis and also from the forensics' conclusions, namely the Reports from the FSS and from the National Institute for Legal Medicine.

    To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media - before the police - was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.


  41. (cont)

    Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child's death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the 'Ocean Club' resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.” (...)

    “- Tests and analyses were performed in two of the most prestigious and credentialed institutions for this effect – the National Institute for Legal Medicine and the British lab Forensic Science Service -, whose final results did not positively value the collected residues, or corroborated the canine markings;”(...)

    “- Despite all of this, it was not possible to obtain any piece of evidence that would allow for a medium man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively – the most dramatic – to establish whether she is still alive or if she is dead, as seems more likely.” (...)

    “Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:

    b) The archiving of the Process concerning arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.” (...)



    1: O ex-inspector da Policia Judiciária, Gonçalo Amaral, foi condenado a pagar 500 mil euros aos pais da Madeleine McCann, por causa da publicação do seu livro Maddie: A Verdade da Mentira.

    Finalmente encontramos uma pessoa que não vai lucrar nada com o desaparecimento da menina inglesa.

    2: Apesar do ex-inspector relatar essencialmente factos no seu livro a verdade é que o tribunal deu razão aos pais de Maddie que após terem tecido considerações tão pouco abonatórias para Portugal, voltam a rir-se de nós.

    Estou curioso para ler a sentença.

    Com tanta submissão aos McCann sempre quero ver se esta termina com a expressão "God save the Queen".

    3: Kate e Gerry McCann parecem mais entusiasmados com a possibilidade de avistar libras e euros do que pareciam quando se noticiava que a filha tinha sido avistada.

    Porque será?

    4: Ainda assim, se eles forem tão negligentes com o dinheiro como são com os filhos, bem que podem ganhar muitos mais milhares de euros que será pouco o tempo que ficarão com eles nas mãos.

    5: E não vou continuar a dizer o que me vai na alma, não por falta de vontade, mas porque não sou uma pessoa influente, nem sequer sou inglês e isso parecendo que não é muito importante para quem pode vir a ter que encontrar a cega justiça portuguesa.

    Até para a semana.
    Facebook do autor


    Traduzido no


    A Message From Gonçalo Amaral

    I find that the court's decision is unfair and questions my right and every Portuguese citizen's right to freedom of expression and of opinion.

    For that reason, I do not resign myself to the decision and I will appeal it until the very last judicial instance.

    If I am able to continue counting on your support, I will continue to fight within the judicial system for the Truth and the achievement of Justice.

    Thank you.

  45. The continuance of Isabel Oliveira's great work translating the trail decision

    16. The defendant Guerra e Paz , Publishers is a commercial society and its activity consists of editing, publishing, trading, including import and export of books.

    17. On the 10th March 2008 the defendant, Guerra e Paz Editores, SA and the defendant Gonçalo Amaral signed a written agreement, add pages 277-281, designated contract for transfer of author rights through which the defendant Gonçalo Amaral gave the exclusive right to publish the text “Madeleine, the Truth of the Lie “ exclusively for ten years, in the form of a book, printed or electronic, in any language and in the whole world.

    18. Clause 4, n1 of this agreement states the following: “ The retribution to be paid by the 1st party to the 2nd party for author rights relative to the editions of the work to be commercialised in Portugal will be of:

    a) 12% of the cover price of each copy sold, net of VAT, up to 30.001 copies. B) 14% of the cover price of each copy sold, net of VAT, from 30.001 to 50.000 copies. C) 16% of the cover price of each copy sold, net of VAT from 50.001 copies sold.

    19. Clause 5, n2 of this agreement states the following: “If the first party sells the copyright to other languages, in any country in the world and after deducting the costs inherent to that sale, the net income from that sale will be divided in equal parts between the 1st and 2nd parties, ie 50% each.

    20. The defendant Gonçalo Amaral is the author of the book “Maddie , the Truth of the Lie”, published by Guerra e Paz , Editores SA.

    21. The cover of the book has the word “confidential” written in red and in the inside cover “Reserved Reading” and “contains unique revelations” .

    22. The technical summary of the book, page 4, has the following data: Revision :Fernanda Abreu. Cover and Pagination: Ilidio J.B. Vasco. Photograph of the author: Sandra Sousa Santos. C Guerra e Paz Editors , SA, 2008, All rights Reserved. Cofina media for photographs by Nuno Costa.

    23. From the book “Truth of the Lie” (Intro to the Book pgs 11-12, pages 16, pages 19-20, pages 21, page 22-24, page 193pages 220-221) all quoted. –

    (I Isabel, not judge lol, won’t transcribe them here since it is a long text and one can consult the book to read relevant passages, plus I would be afraid the judge finds me in breach of her orders wink emoticon . you can read your relevant pages in our speak easy internet corner . )

    24. Conclusion of GA’s Book (pages 220-221)

    25. The book “Maddie , the Truth of the Lie” was launched on the 24th July 2008, in El Corte Inglès, in Lisbon.

    26. On the day of its launch, 24.07.08, the book was also sold with the newspaper Correio d Manhã.

    27.The book “Maddie , the Truth of the Lie” had the following editions in Portugal:1st edition in July 2008, 30.000 copies printed 2nd; July 2008, 10.000 copies printed; 3rd July 2008, 10.000 copies printed; 4rth July 2008, 30.000 copies; 5th August 2008, 25.000 copies; 6th August 2008, 10.000 copies; 7th, August 2008, With 15.000copies printed; 8th, August 2008, 10.000 copies; 9th August 2008, 10.000 copies; 10th, August 08, 10.000 copies;11th August 08, 10.000 copies; 12th, 2008 10.000 copies printed.


  46. (cont)

    28. The book was published through other editors in the following countries: Spain, September 2008, with the possible trading in Spanish in South American Spanish speaking countries; Denmark, November 2008, with possible commercialisation in other Nordic countries; Italy , December 2008, with the commercialisation in Italian for all the world; Holland, April 2009, with commercialisation in Dutch for all the world; Germany, June 2009 with commercialisation in Austria and Switzerland.

    29. Within the scope of the injunction attached there were only around 7.000 copies of the book delivered to the applicants legal representative.

    30. Copies of an English and Portuguese version circulate in the internet without the authorization of Guerra e Paz, Editores SA.

    31. The cover price of the book “Maddie the Truth of the Lie” in Portugal was determined by the defendant Guerra e Paz on the amount of 13.33 euros (thirteen Euros and thirty three cents) , Inclusive of VAT.

    32. The sale of the books was partly on consignment and another part subject to right of return for reasons such as faults, use or not being sold.

    33. The defendant Gonçalo Amaral, received the following amounts from teh sale of the book: 2008 and 2009, teh amount of 342,111.86 .

    34. The defendant, VC Valentim de Carvalho is a commercial society that creates, develops, produces and promotes the exhibition and broadcast of cinematographic and audiovisual works.

    35. On the 7th March 2008, teh defendant Gonçalo Amaral and the defendant Valentim de Carvalho signed a written agreement (add pages 282-283) designated concession of rights - Option of Rights – deal demo” through which the defendant GA gave the exclusive rights of film adaptation (documentary and fiction) of a book about the investigation of the disappearance in Praia da Luz.

    36. On the 11th March 2008, the defendant GA and the defendant Valentin de Carvalho signed a written agreement (284-288) , designated “passing of Rights - Option contract” through which the defendant GA gave the defendant VC the right to adapt the book to documentary and/or fiction that may have the format of a film for cinema or a TV movie

    37. Clause 2 of this agreement has states the following: By the transfer of these exclusive right of option, VC Films compromises to pay the author the gross sum of 25.000, subject to legal fees and added VAT.

    38. Clause 4, the author is obliged to participate as a narrator, transferring all image and sound rights. 2 For that participation and transfer patrimonial content of author rights connected to VC films the author will receive the gross sum of 15.000 euros, subject to legal fees. 3. For the transfer of rights named in 2 the author will receive 10% of all receipts national or international of the trading of the documentary (in all platforms and supports invented or yet to be invented) after deduction of production costs.
    39. The defendant V.C- Filmes , Audiovisuais, SA agreed with VC Multimedia SA, on the 6th June 2008, to transfer to the latest all trading, distribution and exhibition and broadcast of cinematographic and audiovisual works (film, miniseries, documentaries) that they intended to produce within 5 years.
    40. The defendant VC produced the documentary “Maddie , The Truth of the lie” , produced by Carlos Coelho Silva , which is an adaptation of the book written by the defendant GA. I have attached such documentary to the files.

  47. Completely Gob Smacked! This "Decision" is just Madness!!!!


    Madeleine McCann: Portuguese detective appeals against order to pay McCanns £357,000
    Goncalo Amaral, the detective who led the investigation into the disappearance of Madeleine McCann, says the court's decision to order him to pay Kate and Gerry damages is 'unfair'

    By Martin Evans, Crime Correspondent
    3:41PM BST 30 Apr 2015

    The Portuguese police officer ordered to pay Kate and Gerry McCann £357,000 in libel damages after accusing them of involvement in their daughter’s disappearance is to appeal the ruling, he has confirmed,

    Goncalo Amaral, made the untrue allegations in a controversial book entitled The Truth of The Lie, written after he was sacked as the detective in charge of the Madeleine McCann investigation.

    Earlier this week, he lost a long running libel battle and was ordered by a judge to pay the McCanns 250,000 euros each, after a judge ruled he had overstepped the limits of free speech.

    The McCanns said they were delighted by the judgment and would plough every penny of the award into the fund to help find their daughter who disappeared from the couple’s holiday apartment in Praia da Luz in May 2007.

    But Mr Amaral has now said he intends to exhaust all avenues in an attempt to overturn the ruling.

    He said: “I find that the court’s decision is unfair and questions my right and every Portuguese citizen’s right to freedom of expression and of opinion.

    “For that reason, I do not resign myself to the decision and I will appeal it until the very last judicial instance.”

    Kate and Gerry launched a libel action against the former detective claiming that not only were the allegations untrue and extremely hurtful, but had also impacted negatively on the ongoing search for their daughter.

    Mr Amaral was removed as head of the original Portuguese police investigation into Madeleine’s disappearance after criticising British detectives.

    He was also blamed for a string of investigative blunders in the early stages of the inquiry.

    Four months after Madeleine disappeared, the Policia Judiciaria declared the McCanns official suspects or ‘arguidos’ and Mr Amaral and his colleagues spent several hours grilling the couple separately.

  49. I'm new to this blog and as much as I think that textusa has a very good blog, I have to say that the McCanns are showing no sign's of damage ?
    They keep winning all the major battles,every legal descion goes there way.

  50. The continuance of Isabel Oliveira's great work translating the trail decision

    39. The defendant V.C- Filmes , Audiovisuais, SA agreed with VC Multimedia SA, on the 6th June 2008, to transfer to the latest all trading, distribution and exhibition and broadcast of cinematographic and audiovisual works (film, miniseries, documentaries) that they intended to produce within 5 years.
    40. The defendant VC produced the documentary “Maddie , The Truth of the lie” , produced by Carlos Coelho Silva , which is an adaptation of the book written by the defendant GA. I have attached such documentary to the files.

    41. At the beginning of the documentary, the defendant Gonçalo Amaral states the following: -“ My name is Gonçalo Amaral and I was a police investigator for the Judiciary Police for 27 years. I co-ordinated the investigation of the disappearance of Madeleine McCann on the 3rd of May 2007. During the next 50 minutes I will prove that the child was not abducted and that she died in the holiday apartment in Praia da Luz. Discover all the truth about what happened that day. A death that many want to cover up”

    42. At the end of the documentary, the defendant Gonçalo Amaral states the following: -“ What I know tells me that Madeleine McCann died in apartment 5A on teh 3rd of May 2007. I am certain that this truth will one day be verified. The investigation was brutally interrupted and there was a hasty political archival .There is some who hide the truth but, sooner or later, the varnish will crack and the revelations will surface. Only then will there be justice for Madeleine MCCann.”

    43. The defendant, Valentin de Carvalho –filmes Audiovisuais, SA concludes the documentary with this statement: -“The mystery goes son, the former Inspector believes that one day the truth will be known. For now, we only know that on the 3rd May of 2007, Madeleine McCann disappeared in Praia da Luz. She was 3 years old and she was a happy child”

    44. In the sequence of deliberations on the 27th October 2008, an increase was registered in the share capital of the defendant Valentim de CArvalho - Filmes Audiovisuais SA , which was registered on the 28th September 2009, where by the capital of the company was held in teh proportion of 60% by Estudios Valentim de Carvalho- Gravações e Audiovisuais , SA and 40% by Fundo de Investimento para o Cinema e Audiovisual.

    45. On the 13th April 2009 and on the 12th May 2009 the documentary was broadcast by the defendant TVI-Televisão Independente SA.


  51. (cont)

    46. Before the documentary’s broadcast, the defendant, TVI-Televisão Independente SA issued the following statement: “The following programme is a documentary based on the book by Gonçalo Amaral, former PJ Inspector that investigated the disappearance of Madeleine McCann in the Algarve. His version of events is denied by Maddie’s parents that continue to insist this was abduction. The criminal investigation carried out by the Portuguese Authorities ended with the investigation archival, a decision contested by Gonçalo Amaral. More than to find those responsible, a task for the justice system, the broadcast of this documentary aims at shedding some light and provide facts that may contribute to understand a case that remains a mystery for almost two years.

    47. At least two million and two hundred thousand people watched the programme broadcast on teh 13.04.2009.

    48. The defendant Gonçalo Amaral gave an interview to the newspaper “Correio da Manhã” , conducted by the journalists Eduardo Dâmaso and Henrique Machado, published on the 24th July 2008. Its contents totally reproduced and placed on the front page that contain the following statements attributed to GA: (Link to interview in English attached, since the same is transcribed fully) ( look for CM inteview translated by Joana Morais, 24th July 2008)

    49. The defendant Gonçalo Amaral issued the above mentioned affirmations.
    50. The defendant Gonçalo Amaral gave interviews to the defendant TVI-Televisão Independente SA on the 16.05.2009 and on the 27.05.2009.

    51. By the end of April 2009, the documentary went on sale in DVD witht he title “Madeleine the Truth of The Lie” - A Powerful Documentary based on teh best seller “ The Truth of the Lie” by Gonçalo Amaral.

    52. The above mentioned DVD was edited and the edited copies were traded by Valentim de Carvalho Multimédia SA through agreement with Presselivre, Imprensa Livre SA

    53 75.000 copies of the DVD were distributed for sale.

    54. 63.369 copies of the DVD were not sold, having subsequently been destroyed.

    55. In the video cover the Word “confidential” is written in red.

    56. The DVD was sold by Sociedade Presselivre, Imprensa Livre SA as an insert with he newspaper owned by the same company Correio da Manhã at the price of 6,95Euros (six euros and ninety five cents, inclusive of VAT.

    57. To this current date, the documentary was reproduced only once to be edited, published and traded in Portugal in its video format.

    58. The reproduction and editing of the documentary in video format were authorised by “Valentim de Carvalho Multimédia SA to the company Presslivre-Imprensa Livre SA, proprietor of the newspaper Correio da Manhã, as per the contract celebrated between the two.

    59. In the terms of the contract, the DVD’s covers and packaging would be produced by the company presslivre-imprensa livre SA, to be distributed with the newspaper Correio da Manhã.

    60. All registration and edition classification with IGAC would be carried out, as it was, by Valentim de Carvalho Multimédia and the costs to be supported, as they were, by Presselivre.


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