The unanswered
question of what happened to Madeleine is at the root of the McCanns vs Amaral
libel hearing now underway in Lisbon .
With the hearing
in recess for a few days, it is perhaps a good moment to reflect dispassionately
on just how polarised public opinion is over the mystery of Madeleine’s
disappearance more than six years ago.
The question is
not for the libel hearing to consider, of course, but this legal action once
again highlights the fact that public opinion is broadly split into two camps.
The McCanns have
always insisted their daughter was abducted. During the original investigation, the lead detective Gonçalo Amaral became convinced she died in the holiday apartment, that her body was
secretly disposed of, and that the McCanns lied about it.
In the absence of
proof beyond all reasonable doubt, both theories remain just that – theories. Broadly
speaking, the mainstream media in the UK seem to have accepted abduction
and are sympathetic to the McCanns. Internet forums dedicated to the subject
are generally of the opposite view and are awash with criticisms of the
McCanns. Defamation laws restrain the mainstream media. Not so the Internet.
Central to the
present libel action is the book The Truth of the Lie in which Amaral sets out
his considered conclusions. The McCanns argue that not only does the book
defame them personally, but by influencing public opinion it has also hindered
efforts to find Madeleine.
What is being
contested is not only Amaral’s views, but his right to express them publicly.
It is a freedom of expression issue.
It was inevitable
that the libel case would further rally supporters on either side. Many
strongly believe the McCanns have been shamefully treated. Many others equally
strongly believe Amaral has similarly suffered.
“That man has
caused so much upset and anger because of how he has treated my beautiful
Madeleine and the search to find her,” Kate McCann has written.
“I’ve
been left with no chances, no way of paying my debts and liens on my property.
I’ve had to move away from my family in order to protect them.” Amaral told a reporter
who interviewed him about the pending libel action.
The courts have been
ponderous. The controversial book published in July 2008, and a video of the
same title made from a documentary shown on Portuguese TV, were both banned by
a civil court in Lisbon
in September 2009. The ban was confirmed in January 2010. A higher court
overturned the ban in October of 2010 and this was upheld in March 2011.
The current civil
case against Amaral, his publishers and the video makers had been much delayed.
It was last postponed in January this year to give both parties time to reach
an extrajudicial agreement. This did not happen. The case finally went ahead on
Thursday and Friday with the McCanns demanding more than €1 million in damages.
The main testimony
so far has been that of a psychologist specialising in dealing with children who
have suffered trauma. He told the hearing that Madeleine’s twin siblings could
be in danger of developing mental problems if they were to discover the claims
made in Amaral’s book.
The seven-day
hearing is being strung out over several weeks. It is scheduled to continue next
Thursday and Friday (19th and 20th), then again on October 2nd and 8th, concluding
on the 5th of November.
The strength of
public opinion is such that many have already made up their minds, but the
court could go either way.
Mrs McCann told
reporters on arrival in Lisbon :
“I’m here to stop the damage that has been caused and is still being caused,
both directly and indirectly, to the search for our daughter.”
The book has been
out for five years. It is said to have sold 200,000 copies, been translated
into nine languages and its contents are available on the Internet.
Meanwhile, more
than six years after she disappeared, there is still no hint of a definative answer
to the question, what happened to Madeleine?