That Amaral breached judicial secrecy was ignored (in the appeal-court ruling).
It shouldn't have been.
Had Amaral not breached judicial secrecy, the first-instance judge would have handed down, at least a roughly similar judgement as the appeal-court judges (certainly in favour of Amaral rather than the McCanns).
I didn't wade through the first judgement. Did that mention in any way, shape or form a breach of judicial secrecy?
If it did, I would expect to see the issue covered in the appeal, and we both seem to be saying it was not.
If it didn't, I fail to see how the appeal court should be required to introduce fresh evidence.
By the way, I am not saying there was no breach of judicial secrecy. The ability to produce the information and drawings means, IMO, Amaral was either a naughty boy and took files home, or someone on the case passed the relevant parts to Amaral (breach 1) and Amaral then passed part or all of this onward for further work (breach 2), and probably others were involved (editor, drawings production - breach 3). IMO.
I happen to think that if a criminal prosecution was brought, a number of parties would be found guilty. It could be the authorities felt it was not worth the effort (I don't know what the penalty is - it could be one of those slap on the wrist things) or whether someone just had enough of the stick that the Portuguese system was taking and decided to turn a blind eye. Again, IMO.
If you've read the book, an early part seems to make it clear the book would have been published even if the case was open, though that could be a case of trying to avoid prosecution.