The judges points in full. ( Thank you to Astro )
In order:
1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?
*(item Z is the Correio da Manhã interview)
Proved.
2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is € 13.80, including VAT?
It is proved that the editor set the selling price at 13,33 euro, including VAT.
3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than € 621.000,00?
4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than € 498.750,00?
(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.
5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?
Not proved.
6. The DVD has a cover price of € 6,00?
Proved that it was sold for 6,95 euro with newspaper Correio daManhã.
7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?
Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.
8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?
Proved.
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 13.4.2009?
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 MacCann?
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 MacCann and Gerald MacCann 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 MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?
Proved.
The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.
14. Authors Kate MacCann and Gerald MacCann 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 accusations?
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 expectable that the plaintiffs would feel badly about being considered to be 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 MacCann and Gerald MacCann 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 MacCann 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.
17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?
It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.
18. 63.369 copies of the DVD were not sold, having been destroyed afterwards?
Proved.
19. Defendant Gonçalo Amaral has gone into retirement from the Polícia Judiciária on 1.6.2008?
Proved that he retired on July 1st, 2008.
20. On 22.6.2008, the Attorney General’s Office published a note for the media, announcing the archiving of the inquiry, awaiting better evidence?
It is proved that such a note was issued on the 21st of July of 2008, the note also informed that the case could be reopened if new evidence appeared and prompted relevant diligences.
21. The criminal inquiry was reopened due to the appearance of new evidence?
Not proved.
22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?
Not proved.
23. The sale of the books was made on consignment, being subject to devolution for various reasons, like handling, manufacturing defects or their non-transaction?
Proved that the book was partly sold on consignment, and partly firmly sold with a right to return for various motives.
24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?
Proved.
25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?
Proved.
26. Have authors Kate MacCann and Gerald MacCann hired communication firms and spokespeople through the Madeleine Fund?
(for unknown reasons, the judge does not mention this item at all)
27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?
28. Does the documentary only contain facts that are also in the inquiry files?
(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.
The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.
29. The social capital of defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” is held, in 60%, by the firm “Estúdios Valentim de Carvalho, Gravações e Audiovisuais, S.A.” and, in 40%, by the Fundo de Investimento para o Cinema e o Audiovisual?
Proved.
30. Has defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” ceded the rights to sell, distribute, exhibit and broadcast all of the cinematographic and audiovisual work that it creates, develops and produces to the firm “Valentim de Carvalho Multimédia, S.A.”?
Proved that VC Filmes agreed to give VC Multimedia the rights to sell and distribute several works that were to be produced within 5 years.
31. Until today, has the documentary been reproduced only once to be edited, published and sold in Portugal under video format, in this case a DVD?
Proved.
32. The reproduction and edition of the documentary in video format have been authorised by “Valentim de Carvalho Multimédia, S.A.” to firm “Presslivre, Imprensa Livre, S.A.”, the owner of the Correio da Manhã newspaper, according to a contract between both?
Proved.
33. Under which [contract], the DVD, its covers and packages would be, as they were, manufactured on behalf of, under order of and under the responsibility of Presslivre, in order to be distributed and sold together with newspaper Correio da Manhã?
Proved.
34. And the entire process of registering and classifying the video edition (DVD) of the documentary with ICAG would be, as it was, developed by Valentim de Carvalho Multimédia, a process whose cost would be carried by Presslivre, as it did?
Proved.
35. The distribution for sale took place in conjunction with the distribution for sale of the newspaper Correio da Manhã’s edition of April 24, 2009?
It is proved only that the documentary was distributed for sale with the newspaper.
36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?
Proved.
37. That illicit diffusion damages not only the rights that are held by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” over the documentary, but also its commercial exploration, because any citizen can watch the documentary, also only one “click” away?
Proved.
Poll