Nova Gente: Interview With Gonçalo Amaral

For the first time, Gonçalo Amaral speaks about the case that destroyed his career, his family and his health...

“My life is gone, I’m only alive due to my heart”

Condemned to pay 500 thousand euro to the parents of Maddie, the little English three-year-old girl that disappeared in Praia da Luz, in the Algarve, on the 3rd of May of 2007, the former inspector will fight until the last legal instance, because he is “a free man and citizen” with “the right to express opinions”.

What was your reaction when you found out that the verdict from the court was unfavourable to you in the defamation suit that the McCanns filed against you?

I found out about the verdict through a friend who called me telling me about the news on the radio. I immediately called my lawyer, but he hadn’t been notified and the verdict was not in the process. It’s sad, but my lawyer could only access the sentence, that afternoon, because a British journalist sent it to him by e-mail. There is no doubt that the couple’s lawyer has good connections at the court. My reaction was one of calm and a wish to read the full contents of the verdict as soon as it was available on the Citius website, which only happened the next day, but with the date of the previous day. Mysteries which the webs of justice weave.

Were you surprised?

I wasn’t surprised, it was one of the open possibilities, but after the decision about the matter of fact, which was favourable to me, I trusted that the verdict would come in the same direction.

Do you think there are errors in the process? Do you feel wronged?

Those are not mistakes, but value judgements and understandings that are contrary to mine and to that of many other jurists. As for feeling wronged… What do you think? I can only ask if those who, for more than five nights, left their three children, aged three and two, to their own devices in a house within an unknown space, subjecting them to a thousand dangers, while they were partying with friends – not to mention the amounts of alcohol that was ingested on those occasions -, still has the right to be compensated. They practiced a crime of exposing and abandoning defenceless children and they weren’t even accused of that fact. Looking at our criminal legislation, at the English child protection legislation and at cases that recently happened with British subjects in the Algarve, after drunken nights, all that I can say is that the McCann couple is primarily responsible for their daughter’s disappearance. She only disappeared because they neglected her guard and, as parents, they were obliged to it. It is a fact that they lost their daughter, but that doesn’t give them the right to sue anyone or to be compensated. They can’t escape their guilt, which is enough to rob them of their sleep, to provoke a lack of appetite and even rage, but against themselves and not against someone who only wrote down what happened during the first five months of the investigation, according to what is in the case files. If compensation takes place, all that I can do is warn you: be careful, there’s people who may turn this into a new business!

Don’t you feel revolted by this verdict?

I don’t feel revolt, but I do not conform to it, I still trust our country’s justice system, for which I have worked for over 25 years, and I still am a free citizen with all my rights. On the other hand, even the question that Maddie’s siblings, then aged two, may someday read my book and become traumatized doesn’t concern me. Those two children were also abandoned for over five nights in a row and surely they will understand that what is written there is the result of a criminal investigation.

There is a question that those two children will certainly ask when they grow up but that question will be directed at the parents: why were they abandoned, left to their own devices? Those children are free to think and to conclude that whatever happened to their daughter could have happened to one of them. The parents can only fear that their two children who did not disappear on that tragic night revolt against them.

The court says that you caused Maddie’s parents and siblings moral damages…

In my understanding, there are no damages that, objectively and factually, may have resulted from my writing. Which is to say, there is no causal nexus between the book or the documentary and any damages. On the other hand, what is spoken about, like the feelings of rage, it can hardly be considered a damage.

The couple demanded one million two hundred thousand euro. The court has sentenced you to pay 500 thousand euro – including interest since 2010 – over damages that were caused by the publication of the book Maddie: A Verdade da Mentira. Aren’t both the request and the damages awarded by the court exaggerated?

There is no defamation crime, I haven’t been tried over any crime, if at all I am being tried over an offence of opinion, something unthinkable 40 years after the revolution of April of 1974, which ended the [fascist] Estado Novo, censorship and all the means that oppressed Portuguese citizens from thinking, speaking and writing freely. On the other hand, what is in the book is in the process, those are not lies, that can be verified by comparing the case files with the book and this court has not put that truth at stake. Nonetheless, a compensation of that amount only clarifies that the McCann couple is worth more than any Portuguese citizen, dead or alive, and that they are above any god or divinity, which, according to politicians, Portuguese intellectuals and others from the so-called democratic world can be criticized, ridiculed and satirized. Look at the discussions about the terrorist attacks against French newspaper Charlie Hebdo… With my book I did not defame, nor did I have the intention to defame anyone, but merely to report what happened during the first five months of the investigation, thus replying to the attacks against my good name and my professional dignity. There is no, no can there be any, reserve duty that superimposes our right to react and to defend ourselves from defamation and injustice, putting the truth back when our fundamental rights are violated, even when the authors of such attacks are subjects of a powerful country, to which Portugal has always bowed, with a short interregnum when the Portuguese Republic was founded, largely a result of the English ultimatum.

Apart from the payment, the court decreed the prohibition of the sale of new editions of the book Maddie: A Verdade da Mentira. Nevertheless, the Appellate Court had decided to annul this prohibition back in 2010…

This court has not undone what had been decided by Lisbon’s Appellate Court within the injunction that was filed by the complainants. It should be clarified that the only decision that has, so far, become effective is that of Lisbon’s Appellate Court. That is the only one that is in force, the rest is still subject to appeal and it will take a few years to come into force, while I hope that our superior courts will see this differently from the lower court. This is just the judicial system working, therefore we need to remain calm.

In a more practical manner, I can say that the claimants, the McCanns, haven’t won anything yet, they only lost, namely with the decision from Lisbon’s Appellate Court, which is very clear in stating that the rights that have been violated were mine, that I, within the exercise of freedom of speech, could write the book and practiced no illicit action.

With this prohibition, are you forbidden from emitting an opinion about the case or about the McCann couple?

I am a free man, and like any other citizen in this country, I have the right to express my opinions. I was a Criminal Investigation coordinator, a policeman, and there is no reserve duty, a functional or merely instrumental thing, from the exercise of a profession, that superimposes a fundamental right and freedom of expression. To state that the duty of reserve limits freedom of expression for life, or even during the exercise of the profession of policeman, is to elevate that duty, which is merely administrative, above freedom of expression and fundamental rights, consecrated in the Constitution of the Portuguese Republic, in the Universal Declaration of Human Rights and on the European Convention of Human Rights.

When you wrote the book, did it ever occur to you that you could be committing an offence?

I wrote the book because I, those who worked with me and the institution of the Judiciary Police were being put at stake. My good name and professional honour were severely attacked. In a first phase, I started by writing to the Judiciary Police’s national director, asking him to allow me to defend myself publicly or to come out to defend us, and I obtained no reply. Today, after all these years, I know that Dr. Alípio Ribeiro never received my letter, which was simply set aside by someone hierarchically below him.

Faced with the inertia and the silence from the institution that I belonged to, which, in my opinion, had the duty and the obligation to come out and defend the men and women who, with their work and great sacrifice, tried to protect it by performing an investigation at the level of any minimally developed country, I decided to ask for my retirement, and to report the criminal investigation that had been carried out and the conclusions that were reached up to the moment that I coordinated said investigation. At that time we already knew that the case was going to be shelved and the investigation abruptly ended. Everything was being prepared in that sense with the agreement, at least tacit, from the parents of the missing child, with the case files being delivered to journalists by the Public Ministry, which in itself question the duty of reserve to which, according to some experts, the policemen were subject to.

The book was a way to reply to the humiliation and the offences that I have been targeted with. Deep down, that was it: they say we are incompetent, they say we are a third world police force, drunkards, fat, lazy, etc., etc., and the Judiciary Police does not set out to defend us. Therefore I turned to writing, reporting the investigation that had been carried out, so people could draw their own conclusions. What happened next is known.

Do you feel abandoned by the intellectuals and the writers of this country?

Since I left the Judiciary Police, I am part of no institution, I have no political party, nor am I a member of any sports, recreational, cultural or social association, I do not belong to any congregation or obedience. I wrote three books (Maddie: A Verdade da Mentira; A Mordaça Inglesa; Vidas Sem Defesa), but I do not consider myself a writer. I’m an outsider.

Is freedom of expression not compromised by this type of verdict?

What is happening to me, since 2009, is an attack against freedom of expression and a trial over an offence of opinion. The intellectuals of this country, in general, have reacted with indifference. I am not part of their group, and to make things worse I’m an ex-policeman, something that is reproved by many. As far as I remember, only Dr. Francisco Teixeira da Mota, when the Appeals Court’s decision came out, wrote about the matter, saying that the decision had been correct, as the Portuguese State risked being condemned by the European Court for Human Rights… Someone asked me why the Portuguese Authors’ Society had not come out to defend freedom of expression and to denounce the attack that is underway. I replied I was not a member, which may explain the silence.

Are you still dedicated to writing?

I continue to write, but I have yet to decide when to publish. At the moment, I am writing my memoirs about the profession of criminal investigator.

Why are you economically suffocated? Your house in Tavira went to the bank, your consultancy firm had to close, one third of your pension is arrested…

To all of those questions I only reply that my life is gone. If I am alive, it’s due to the heart that I have.

Have you never considered suing the McCanns over the damages that they caused to your family?

Each thing in its own time, it won’t be only the McCanns, but their group of friends, and other people and entities that will be sued. There is an illicit action that was indeed performed, the neglect in guarding their children, which caused direct damages to many people, not only to myself, but for example to the Ocean Club workers, who were fired and saw their lives change, many of them unjustly passing from mere employees and heads of family to suspects in a criminal investigation, while they had nothing to do with the matter.

Is there a project that you would like to realise some day?

I would like to channel all the support that I have been receiving into the creation of an institution to support children and teenagers at risk, in a perspective of educating them for life, escaping the benefits perspective, promoting and building life projects with them, helping them to escape marginalization and the labeling process.

With so many problems, do you still have time to dream?

Dreaming is a part of free men, it costs no money, it can’t be bought, and we just live and feel it.

What remains unexplained in this case?

I don’t answer that question. Faced with what was said by the couple, after the verdict was known, that they felt stronger, I just feel like saying that only vampires become stronger with their victims’ blood. Like Zeca Afonso [Portuguese songwriter and singer] sang, “they eat everything”…

Text: Alexandra Ferreira (alexandra.lemos.ferreira@impala.pt);
Photos: Lusa, Paula Alveno and IMPALA

in: Nova Gente, 15.05.2015, paper edition

Gonçalo Amaral's Interview on RTP1

Gonçalo Amaral’s interview on Agora Nós, RTP1, 23.01.2015 

Anchor – Today, our guest is Gonçalo Amaral who was on the news again yesterday because of the lawsuit that the McCann couple filed against him. Good morning, Gonçalo.

Gonçalo Amaral – Good morning.

Anchor – I read in your book that you wrote this book to defend your honour. The first question that I have for you is: Were you in any way attacked by the McCanns before the publication of the book, or even during the investigation? Were you with them, did you question them?

Gonçalo Amaral – That is a very good question. There was indeed a series of attacks, not just directed at me but at the investigation. Those attacks came not only from the parents’ side, but also from their support staff and from journalists, English and even Portuguese. That honour was not only personal but also professional. The investigation was at stake, an investigation that was never defended here in Portugal, namely by someone at the top of the Polícia Judiciária – and it’s me who defends those initial months of the investigation, and that is what the book was published for. That is one of the issues that are raised by the Lisbon Appeals Court, at the time of the injunction, which supports me, and establishes that it was licit for me to write the book.

Anchor – If you don’t mind, let’s return to the start of this story, the McCann case was the most media exposed ever, as far as the alleged abduction of a child, Madeleine McCann, is concerned. This book, “Maddie, A Verdade da Mentira”, that was written by you, why was it so controversial? What does it contain?

Gonçalo Amaral – What it contains is the conclusions of the process, of a report that exists, in September of 2007, which says that at that moment of the investigation, suspicion falls upon the [McCann] couple in terms of an accidental death inside the apartment, neglect in watching over their children that had been abandoned, and the concealment of a corpse. That is in the process and with this decision, which is not a final decision, it is merely a reply to the facts that were at stake during the trial, it agrees that this was in the process.

Anchor – The process is not concluded yet, it is still ongoing –

Gonçalo Amaral – It is still in the lower court, now there will be legal arguments, then there will be a verdict –

Anchor – We are at the stage of replies to the proved facts, is that it?

Gonçalo Amaral – Proved and not proved.

Anchor – Did you question them? Did you meet them?

Gonçalo Amaral – I met them but the questioning was performed by others, by inspectors. A coordinator does not question directly, that was done by the inspectors. But I met them.

Anchor – You accompanied this process from the beginning…

Gonçalo Amaral – I accompanied the process, the investigation from the 3rd of May of 2007 until I left the investigation on the 2nd of October of 2007. I accompanied it, participating in the investigation.

Anchor – And what happened yesterday? What was the accusation –

Gonçalo Amaral – There was no accusation yesterday. Not yesterday, the day before yesterday. What was done is – there is a decision from the magistrate, the judge, saying what is proved and what is not proved. That decision says that it is not proved that I caused the couple any damages, social or psychological or moral damages. So what was being questioned, it’s not the book that causes such damages; they were already destroyed before the book. That is important. It’s important because in this kind of process, what is at stake, contrary to what the couple said, that what was at stake was the investigation, whether they are guilty or not, none of that was being discussed there. What was at stake there was whether or not that book and that documentary could be made, if they were licit or not, if they caused the couple any damages, and whether or not it was possible to establish a causal nexus between the book and the damages. And the indications that are given lead me, and my lawyer, and people who have already read the document, to believe that there may be – there may be – a favourable verdict.

Anchor – There is a contradiction between the news that came out –

Gonçalo Amaral – There is no contradiction. There is complete manipulation of the media.

Anchor – Can you clarify that?

Gonçalo Amaral - Lusa agency, since all of this began, has been taking sides – I wouldn’t say as much as they have taken the side of the couple, but they have taken the side of the couple’s lawyer. So there have been completely false news about me. I remember an article that was published in 2009 or 2010, which mentioned I was going to be tried over torture in a certain case, that I had been accused of torture. I was in Spain at that time and I called, it was already 7 or 8 p.m. and I said “Excuse me, but this is not true. I am being accused of omitting a denunciation and making a false statement, not of torture”. And the reply that I got from the Lusa journalist was that it’s them that make the news, that it was not for me to meddle with their work and that is how it’s been –

Anchor – Even though they were talking about your life.

Gonçalo Amaral – That’s another thing that happened throughout all of these years, not only the five years of this process, but since 2007 they have been rummaging… I don’t know what else there may be.

Anchor – The fact is that concerning the McCann couple, the McCann couple was never formally tried. They were never accused. So in your book we have a contradiction with the law.

Gonçalo Amaral – What is the contradiction? I don’t accuse them. I am nobody, I’m not a magistrate, I’m not the case magistrate to write up an accusation –

Anchor – But you had knowledge, you were part of the investigation –

Gonçalo Amaral – I was a technician, I’m a technician, and like anyone else, I have the right to an opinion. And as a technician, based not only on my professionalism, but also on my knowledge as a technician, I have the right to have a technical opinion. And that book contains a technical opinion, based on facts that are in the process and that the judge says are in the process. Essentially, as is said, they are in the process. Therefore, saying that they were not accused… The process was – when I left there was already a movement to have the case archived. From the moment that they are made arguidos, everything moves to shelve the case. Interest was lost; the interest was to archive the case. And they succeeded in shelving the case. It was in the couple’s interest to have the case archived, and two things happen: The couple does nothing, and they could have done something when there was a shelving, to continue into the instruction [phase] to keep the process going, for the truth to be found. You see, the conclusions that we reached were the conclusions of an investigation. And an investigation, like someone said, is always a zigzagging of the moment. And we might even have reached the end of the investigation –

Anchor – In this case, this investigation was very traumatising, very disorganised…

Gonçalo Amaral – Disorganised, in what way?

Anchor - Because nothing was concluded, so many years later the child’s whereabouts haven’t been found.

Gonçalo Amaral – Because of interferences that took place, without interferences we would have gone further. Have no doubts about that. That is why the process was archived. When the shelving took place, the couple and another person were arguidos. Any one of them could have requested the opening of the instruction and continued the process. None of them did it, the couple because they didn’t want to, they didn’t want to do it, and the other person because he received compensation from the British courts, so he didn’t do it, he was very satisfied, and now it seems that he is an arguido again. This is what happens –

Anchor - We have to ask one last question. The truth is that the McCann couple – and this is a question and not a statement – demanded compensation worth 1.2 million euro from you because of the publication of the book “A Verdade da Mentira”. This book was very controversial because it was also a success. Many people read it –

Anchor – Many copies were sold.

Anchor – Exactly. Many people read it and created their own opinion. Do you think that in some way that opinion drew people away from the possibility of believing in that child’s parents?

Gonçalo Amaral – No, it didn’t, quite the opposite. The book, which was successful in a way that nobody expected – the contract with the editor was even made based on sales targets, 10 thousand books sold would mean a certain percentage and so on – therefore a very normal contract, nobody was thinking about bestsellers or anything like that. What the book brought was more publicity for the case. And people were not drawn away. There are many people who still defend the couple’s thesis. There are other people – those diverging opinions already existed before the book. They already existed practically before the book. What motivates the couple to file the lawsuit of 1.2 million euro may be the money. They have a firm, a firm where they are members of the board, called Madeleine Fund, which is to look for their daughter, but they are members of the board, it’s a firm, it’s not a social association, or social solidarity, it’s a firm, it’s registered in England as a firm. And what they always wanted was to destabilise me. When they went to Oprah’s programme in the United States, they said it, they wrote on their website that they hope that now nobody believes in that person anymore, for this and that –

Anchor – But Gonçalo, they had to defend themselves with the weapons at hand, if they think they are innocent…

Gonçalo Amaral – Indeed they do. I will give you one example. We speak about the book and we speak about the documentary. We forget another detail. In 2009, in January of 2009, I lived in the Algarve and was indicated to run for mayor of Olhão on behalf of the Social Democratic Party [PSD]. And that alerted that family, that situation of destabilising me, and Mr Gerald McCann came to Lisbon, there’s news from that time, he met with a top political official from PSD who has a French surname, with Dr Rogério Alves and with Dr Isabel Duarte – this is what is said, it’s what was published – and what happened then was that PSD gave me up as a candidate. This puts rights at stake, the rights of a citizen, the rights of a Portuguese citizen, and someone comes from the outside to do it. It’s the right to be elected. And this is when they start thinking about the lawsuit. It’s not about what is in the book, what is in the documentary, because what the book and the documentary contain is what is in the process. They contain technical opinions. And it’s the fear of that issue – when they come over here and put the right to be elected at stake, with the acquiescence of people inside PSD, that this happened.

Anchor – Thank you very much, Gonçalo. Our time is short but this is a subject that we would like to discuss in more depth. We will continue to follow this because the process is still in its early stages.

Gonçalo Amaral – There is no motive to get too excited, but it’s a good indication of what may be the decision.

Anchor – Thank you for joining us today.


Watch the interview on RTP1's website - starts at 22:43.

Nota de Agradecimento

Caros amigos,

O meu nome é Gonçalo Amaral. Fui coordenador de Investigação Criminal e sou o autor do livro “Maddie, A Verdade da Mentira”, escrito com o intuito de contribuir para a descoberta da verdade material e a realização da justiça, e na perspectiva de repor o meu bom nome aviltado na praça pública.

Este livro foi escrito no uso da plenitude dos meus direitos, tratando-se de uma opinião técnica e fundamentada em factos, indícios e acontecimentos constantes no processo de suporte à investigação do misterioso desaparecimento de Madeleine McCann.

Em Setembro do corrente ano foi interposta uma providência cautelar, sem audiência prévia do interessado, fundamentada em mentiras e interpretações abusivas das intenções que estiveram por detrás da criação daquela obra.

De forma a dificultar a defesa dos meus direitos foi igualmente interposto um pedido de indemnização no valor de 1.200.000 Euros, seguido do arresto de direitos e bens.

A estratégia daqueles que nos continuam a enxovalhar foi simples: cala-se o homem e fica o caminho aberto para influenciar atitudes e comportamentos, através da manipulação da opinião pública, a seu belo prazer. Está em curso uma campanha de descredibilização e de desinformação, ao mesmo tempo que nos tentam asfixiar financeiramente, de forma a ganharem na secretaria.

Não nos conformamos com a limitação dos nossos direitos fundamentais por decisões judiciais inconstitucionais que põem em causa o exercício da liberdade de expressão responsável.

Agradeço a todos aqueles que ao longo dos últimos anos me têm apoiado e que nos últimos dias assinaram as petições públicas, bem como aos que através de um esforço financeiro para o fundo de apoio recém criado e através de uma demonstração de solidariedade reforçaram a minha crença na defesa de valores que devem enformar as sociedades modernas e democráticas, a liberdade de expressão, a descoberta da verdade e a realização da justiça.

Da minha parte comprometo-me a dar corpo aos anseios de todos vós e a não desistir, apesar de estar em causa a sobrevivência da minha própria família; mas a defesa daqueles valores e princípios é essencial.

A todos, um sentido obrigado.

Portimão, 2009-12-03

Gonçalo Amaral