Ex-detective 'will take Madeleine book fight to Europe'

Goncalo Amaral vowed today to appeal to Europe if he loses a legal battle over his book which claims that Madeleine McCann is dead.

The former detective said his case was about “fundamental rights” for all Portuguese citizens and pledged to keep fighting all the way to the European Court of Human Rights.

Madeleine’s parents, Kate and Gerry McCann, were left facing the prospect of years of court hearings at which Mr Amaral’s allegations against them will be repeated.

The couple, both 41, from Rothley, Leicestershire, flew to Lisbon this week to hear Mr Amaral attempt to overturn their ban on his book, 'Maddie: The Truth Of The Lie'.

The ex-policeman called a series of witnesses to support his claims that Madeleine died in her family’s holiday flat and that her parents faked her abduction – something they strongly deny.

Mrs McCann admitted today that sitting through the evidence was difficult but added that nothing could be as bad as losing Madeleine.

She also insisted that the couple were right to take legal action against Mr Amaral and said she was confident they would win.

Arriving at Lisbon’s main civil court for today’s hearing, Mrs McCann said: “If I’m honest, our daughter’s been taken and nothing’s ever going to be as bad as that.

“It’s still been difficult, it’s been emotive, because I know what’s in the case files, I know what the conclusions are.

“So it’s difficult to hear something that’s incorrect and inaccurate.”

Mr Amaral was the first head of the Portuguese police investigation into Madeleine’s disappearance from Praia da Luz in the Algarve on May 3, 2007, shortly before her fourth birthday.

A judge granted the McCanns a temporary injunction in September last year banning further sale or publication of Mr Amaral’s book and a TV documentary he made about the case.

Mr Amaral’s lawyers argue that the material in his book is contained in the official Portuguese police files for the investigation, many of which were made public in August 2008.

The McCanns say their main motive for challenging the former policeman is the fear that people will stop looking for their daughter if they think she is dead.

Mr Amaral emerged from the hearing today and said he would take his case to Portugal’s higher courts and even the European Court of Human Rights if he loses.

Mrs McCann declined to comment on this, saying it was a matter for her lawyers.

Police made the McCanns “arguidos”, or formal suspects, in the case four months after Madeleine disappeared.

But this status was lifted when the investigation was shelved in July 2008 with prosecutors concluding they had no evidence that they committed any crimes.

Isabel Duarte, the McCanns’ lawyer, today accused Mr Amaral of trying to put the couple on trial in this week’s hearings.

She said: “They are trying to judge in a civil court what they could not judge in a criminal court.”

Ms Duarte said the McCanns were not surprised by the witnesses called by Mr Amaral.

“I am sorry my clients had to be submitted to this pain and this distress,” she said.

“This is awful, but we knew that Pandora’s Box was open. We are prepared to hear what they say.”

Mr McCann flew back to Britain last night to return to work.

His wife was supported in court today by Fiona Payne, one of the friends on holiday with them when Madeleine disappeared.

Today’s hearing covered evidence from TV producers about Mr Amaral’s documentary.

The case will be adjourned until February 10, when it will hear from two witnesses who were not available this week before the lawyers sum up their arguments.

The judge, Maria Gabriela Cunha Rodrigues, is expected to send her ruling directly to the McCanns and Mr Amaral before the end of February.

There will then be a full trial on whether the injunction banning the book should be made permanent at a later date, Ms Duarte said.

The McCanns are also seeking €1.2m in compensation for defamation in separate proceedings against Mr Amaral in Portugal.

They have said any damages awarded by the courts would go towards paying for private investigators to look for Madeleine.

No date has been set for a trial in the compensation case but it is expected to take place before the end of the year.