Didn't the opinion of the Court judges come into their decisions? There are continual references to the McCanns own interviews, now I think it is right that the parents are interviewed so why should that have an effect on Amaral's duty of reserve. I can't see how they can logically link the two together.
The McCanns claimed that Amaral breached their right to a good name and reputation and to the protection of the intimacy of private and family life.
The Appeal judges pointed out that they voluntarily sacrificed their privacy by giving interviews;
And because from the proved matter results that – apart from it being about facts that have been profusely published in the inquiry and even publicised through an initiative of the Republic’s Prosecutor General’s Office – it was the subjects of the appeal themselves [Kate and Gerry McCann] who, benefiting from an easy access, multiplied themselves in interviews and interventions in national and international media, one must conclude that
it was them who, voluntarily, limited their rights to reservation and to the intimacy of private life.
By proceeding in this manner, they opened the way for anyone to equally express an opinion about the case, contradicting their thesis – without losing their right to exercise a legitimate, and constitutionally consecrated, right to an opinion and a freedom of expression of thought.
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