Thursday, 21 October 2010

The court of appeal in Lisbon on the 19th day of October, 2010,  revoked the ban imposed by the civil courts placed upon Sr Amaral's book, The Truth of the Lie.

The question being tested is one of free speech. The appeal court has decided that Amaral's book is allowable as a publication under the European understanding of human rights and free speech.

The book was written by the former inspector leading the investigation into the disappearance of Madeleine McCann. The ban was invoked after the parents of Madeleine, Kate and Gerry Mccann, challenged the book which contains the inspectors opinion that the child was killed and the body hidden with the parents involvement. The evidence the inspector presents is flawed. His main 'facts' pointing to a reason leading to proving a death being the use of Calpol to induce the child into a deep sleep, the sniffer dogs indicating the presence of Cadaver and misunderstandings of 15 out of 19 markers in Madeleine's profile being a percentage indication of a dead Madeleine.

Only 'Calpol Night' can induce sleep and that had not come into production at the time Madeleine vanished. Basic Calpol is not a sleep inducer. The internationally renowned forensic organisation, FSS, concluded that the dogs findings indicate no conclusive evidence of death or presence of Madeleine. Possibly dried body fluids which can indicate the same as cadaver scent being equally as possible of actual cadaver scent. Not withstanding that Madeleine's DNA was not conclusive in the results either. 15 out of the 19 markers in Madeleine's profile were found within 37 markers. That is 37 markers contaminated by several known alive people and no conclusive indication of Madeleine's identity in the results as contamination included the family who share her markers. That puts a different picture on evidence showing 15 out of 19.  Therefore the forensics proved a false positive and in layman's terms the Dogs evidence canceled itself out.

Commonly the argument is being used that presenting evidence of 15 out of 19 markers indicating Madeleine's cadaver is enough to convict the parents by circumstantial evidence and probability. Enough evidence to test Amaral's theory in court. Yet after the explanation by experts that the math is actually 15 out of 37 markers also contaminated by people who would share those 15 markers, the thesis has not been revised and the argument, totally flawed, is still being promoted.

All the former inspector Amaral could gain from the book is money. Not the truth, not the sharing of evidence, just monetary gain. That to any fair minded person is offensive, but free speech does not define offense. That definition is tested by the law if the offended take it to court. Currently Sr Amaral is being tested in court for libel and damaging the search for Madeleine. Personally I view his book as an exploitation of a child......abuse. To make money from a tragedy yet to be solved using the name of a child and misinformation for monetary gain.

In short. The appeal court has decided the publication is acceptable within the boundary of free speech. That is,  one can say whatever they want in the Portuguese constitution. But the human right to test such a publication's value of defamation, libel and damage to the search for a child who may well be alive is still in the hands of the Portuguese judiciary. The result of that case will be more telling of the complete speech with responsibility.

If we are to gain any positives from this. I would like to think that a book being sold internationally, trying to convince people a missing child is dead and therefore there should be closure on searching for an alive child, will have more weight for it's author being successfully sued than a book not being sold to the public. The biggest positive being the funds raised from the book will help find Madeleine!!

It is important to remember that despite opinions about what happened to Madeleine The Portuguese prosecutor studied the case files, including Amarals conclusion and gave us the legal conclusion to the unsolved mystery.

Quote from:

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

a) The archiving of the Process concerning arguido Robert James Queriol Eveleigh Murat, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code;

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.

Mr Amaral, freedom of speech is no defense against exploiting Madeleine McCann.