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/
One point that exercised the mind of the first-instance judge was Amaral's promise of 'revelations'.
Emphatically and unreservedly assertions
of Amaral's (to enter the public domain) were:
*that Amaral corrected and contradicted Prior on interpretation of the forensic results
*that Prior rang the FSS to berate them on the subject of the PJ's powers of arrest
*that Mark Harrison switched the enquiry to one for a little girl assumed dead, and even hinted her parents might be responsible (for her death)
*That Madeleine's remains were buried in close proximity to apartment 5a (PdL) (even though Harrison* reached no firm conclusion about what may have happened to Madeleine, including whether alive or dead).
These are all individual and unique assertions
of Amaral's.
All devoid of fact.
All tending to malign and traduce.
All tending to contradict the basis upon which the appeal ruling (overturning the ruling of the court of first instance) rest.
*Edited to replace 'Harrison' for 'Amaral'
