The McCanns partially
won their libel action against the author and former lead detective Gonçalo
Amaral, but the matter is far from over.
Amaral intends to
appeal. In his first comment on the verdict 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.”
Apart from Amaral’s
assertion on the “unfairness” of the court’s decision, there were two remarkable
features about the verdict and the way in which it was announced that got
little or no mention in the mainstream media coverage.
The first unusual
aspect was the huge sum awarded. It may be normal in the UK , but not here. Amaral was ordered
to pay the parents of Madeleine McCann half a million euros in damages, plus
interest, currently calculated at €106,000 and rising.
Kate and Gerry
McCann had sought a total of €1.2 million. In addition to €250,000 each, they
claimed €500,000 for Madeleine and €100,000 for each of their twins. The judge
ruled against the claims on behalf of the children.
The
McCanns successfully claimed that Amaral’s book, Maddie, the Truth of the Lie, caused them great
personal distress. The judge did not agree, however, that the book had hindered
the search for Madeleine or had caused damages to the twins.
Should Amaral on appeal get the verdict
overturned, or the compensation figure greatly reduced, the McCanns may lodge a
counter appeal. The deadline for appeals is 40 days. The legal battle that has
been going on for more than five years looks like continuing for some time yet.
A defiant Amaral
supporter noted that, “a decision from a Portuguese court can only be enforced
after all appeals are exhausted. No money will change hands until a final
decision is reached by the very last appeals court.” With this in mind, other
well-wishers are being urged to make donations to a Gonçalo Amaral defence
fund.
The second oddity
was the way in which the announcement of the verdict was handled. The judge’s
ruling was not read out in court. It was contained in a 52-page report, which
was received by the McCann’s Lisbon lawyer
Isabel Duarte who swiftly passed it on to media organisations in Portugal and
abroad.
Soon after the
news appeared on media websites on Tuesday, Kate and Gerry McCann said they were
“delighted” with the outcome.
In a statement
issued by their spokesman Clarence Mitchell, they said the case had never been
about money. “It was entirely focused on the effect of the libels on our other
children and the damage that was done to the search for Madeleine.”
When contacted by
journalists the same day, Gonçalo Amaral chose not to comment because neither
he nor his lawyer, Miguel Cruz Rodrigues, had received a copy of the ruling. They only received it the following day, by which time to many in the mainstream media it was old news.
Madeleine went missing on 3rd May 2007.
Madeleine went missing on 3rd May 2007.