9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available
for immediate delivery via internet order?
Not proved.
10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13th April 2009?
Proved.
11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio
da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine McCann?
Not proved.
12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio
da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family
point of view, much beyond the pain that their daughter’s absence causes them?
Not proved.
13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio
da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability,
preoccupation and indefinable fear?
Proved.
The judge adds that this psychological state is predates the book launch, the documentary and the interview and was not caused
by them. Nonetheless, it is not unreasonable to believe that the book, the documentary and the interview had an effect on the
couple, i.e. It had an effect but that is to be expected.
14. Authors Kate McCann and Gerald McCann feel a deep shame and an indescribable ill-being because they are considered, by
most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being
so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal prosecution?
Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating
her abduction by those who believe in Mr Amaral's thesis.
The Judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt. The Judge once more
believes it is not unreasonable that the plaintiffs would feel badly about being considered responsible for hiding the body and
staging an abduction - not, the Judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly,
believed.
15. Authors Kate McCann and Gerald McCann live under enormous daily pressure due to the need to keep their younger children away
from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?
Proved that the couple feels the need to keep their younger children from finding out about said thesis.
This fact also derives from common experience and was corroborated by David Trickey's testimony.
16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio
da Manhã, author Kate McCann is immerged in a deep and serious depression, which has already made her state publicly,
“I wish I was in a coma, to relieve the pain”?
Not proved.