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.
The first judgement rested on two points. One was that Amaral breached judicial secrecy. The other was that he should have honoured the presumption of innocence.
The Appeal judges pointed out that his conclusions were already in the public arena before his book was released. Presumption of innocence refers to suspects which the McCanns were not. They also pointed out that the McCanns forfeited their right to privacy by courting the media, doing photoshoots and interviews, making videos etc. They also publicised their theory of abduction, opening the way for competing theories to be published.
It's all here, and the judgement is right at the end if you scroll down.
http://pjga.blogspot.co.uk/