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McCanns 'set to lose £1m libel action' over claims they faked Madeleine's disappearance to cover-up her death, says police chief who made allegations in book

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NEWS JANUARY 2015

Original Source: Mail Sunday 25 January 2015
ByGerard Couzensand Mark Duell for MailOnline Published: 11:41, 25 January 2015 | Updated: 10:41, 26 January 2015
 
  • Kate and Gerry McCann were hurt by ex-police chief's book, says judge

  •  But Maria Emilia Melo e Castro rules pain they felt existed before book

  •  Goncalo Amaral alleges they faked disappearance to cover up death

  •  McCanns accuse former detective of hampering the search for girl

 

 [image caption: Parents: Kate and Gerry McCann were hurt by a controversial book about Madeleine, a judge ruled]

The 57-year-old told Portuguese television on Friday that Maria Emilia Melo e Castro’s indications so far led him to believe he would win the case, according to the Daily Star.

 

His comments came as a ruling emerged that the McCanns were hurt by the book written by Mr Amaral, who was tasked with finding the girl.

 

But the pain the couple feel existed before Mr Amaral published the controversial claims, Mrs Melo e Castro said.

 

The finding came out of a key hearing on Wednesday in Lisbon ahead of a final judgement in the long-running £1million libel trial which has pitted the McCanns against the disgraced former detective they accuse of hampering the search for their daughter.

 

The judge presiding over the high-profile case ruled on 37 points she found had been proven and not proven since lawyers started their court battle in October 2013.

 

She said statements made by Mr Amaral in his July 2008 book The Truth of The Lie and a subsequent TV documentary and Portuguese newspaper interview had left the McCanns suffering ‘rage, desperation, anguish, worry, insomnia and lack of appetite’. 

 

 

But she ruled that although the book had affected the couple, those feelings pre-existed the book’s publication three days after the first Portuguese investigation into Madeleine’s disappearance was shelved and the McCanns were told they were no longer ‘arguidos’ (formal suspects).

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[Image caption
Former police chief: The judge said statements made by Goncalo Amaral in his book The Truth of The Lie and a subsequent TV documentary and Portuguese newspaper interview had left the McCanns suffering 'rage]

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[Image caption: Mrs Melo e Castro also ruled it had not been proven Kate and Gerry, from Rothley, Leicestershire, were ‘completely destroyed, from a moral, social, ethical, sentimental and family perspective beyond the pain their daughter’s absence causes them’ by statements made in Amaral’s book.]

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[
Image caption : Still missing: Portuguese prosecutors reopened their probe into Madeleine’s disappearance last year]

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She also decided it had been proven the couple felt badly about being considered responsible for hiding their daughter’s body - a thesis which Portuguese police behind a new probe into Madeleine’s disappearance have publicly rubbished - but described those feelings as ‘expectable.’

 

But she dismissed the idea Mr Amaral’s claims about the McCanns had stopped the Portuguese police investigating Madeleine’s disappearance.

 

The rulings left Mr Amaral confident of court victory next month when the judge is expected to announce her final verdict in open court before releasing her sentence in writing.

 

He accused the McCanns of taking him to court so they could exonerate themselves of blame for the disappearance of their daughter, who vanished aged three from their Praia da Luz holiday flat in May 2007 while they were eating tapas nearby with friends.

 

Portuguese papers signalled the outcome of last Wednesday’s hearing as a positive one for heart specialist Gerry and Kate moments after it finished.

 

But as the full findings became apparent they changed their tune to portray the judge’s rulings as a slap in the face for the couple.

 

Leading Portuguese daily Correio da Manha headlined an article on the result of the hearing: ‘McCanns destroyed before the book.’

 

Rival Jornal de Noticias reported: ‘Judge without proof that the book about Maddie "destroyed" her parents.’

 

The McCanns told the Lisbon court staging the Amaral libel trial last summer they were left ‘devastated and crushed’ by his book, which sold around 120,000 copies before it was withdrawn when the British couple won an injunction against the ex-police chief.

 

Mrs McCann, 47, said Madeleine’s twin siblings Sean and Amelie, now ten, knew Mr Amaral had written a book but didn’t know the detail.

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[image caption: Legal case: The rulings left Mr Amaral (pictured) confident of court victory next month when as expected the judge announces her final verdict in open court before releasing her sentence in writing]

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She told the court last July after applying to make a statement: ‘I believe that’s what's in Mr Amaral’s book and the documentary is very distressing to adults. To a child it could be very damaging.’

I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole

Kate McCann ”

 

 Asked by the judge how she felt after reading the book, she said: ‘I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

 

‘It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.’

 

She went on to accuse Mr Amaral, thrown off the Madeleine McCann investigation in 2007 for criticising British police, of ‘consistently smearing’ she and Gerry - and claimed they feared the book may have stopped people coming forward with information about their daughter’s whereabouts.

 

It has already been revealed Mr Amaral, 56, earned at least £344,000 from his book and TV documentary. The ex-police chief, who is being sued for £1million, is denying defamation.
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[Image caption: Case: Mr and Mrs McCann arrive for the libel case against Mr Amaral at Lisbon's Palace of Justice last June]

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His lawyer Miguel Cruz Rodrigues claimed in the last open court hearing in December the McCanns had taken legal action against his client ‘to rid themselves of guilt for their negligent conduct’ in leaving Madeleine and her siblings alone.

It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal” 

Kate McCann

 

He also claimed their lack of cooperation with the Portuguese police authorities had led to the archiving of the investigation in 2008.

 

Portuguese prosecutors reopened their probe into Madeleine’s disappearance last year and are conducting a separate investigation to one led by Scotland Yard.

 

No date has been set yet for the final judgement in the libel case. The judgement will be read out in court before being released in writing on the same day.

 

A source close to the McCanns said last night: ‘We expect it to be ready for next month.’

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