Wednesday, 20 October 2010

Gonçalo Amaral's book can now return to the bookshops.


Gonçalo Amaral's book on the Madeleine McCann case can now go back on sale in bookshops. The Lisbon Court of Appeal has supported the former coordinator of the Policia Judiciaria (PJ) who has always maintained his theory about the death of the British girl.

"The book's contents do not infringe any of the complainants' fundamental rights," and, "the exercise of its writing and publication are inherent in the constitutional rights guaranteed to all by the European Convention on Human Rights and the Constitution of the Portuguese Republic," reads the ruling to which JN has had access.

In September 2009, after an injunction filed by the McCanns, the Lisbon Civil Court banned the sale of the book, "A Verdade da Mentira," (The Truth of the Lie) and any further showing of the documentary based on the work and issued by TVI, a decision which has earned harsh criticism from the Appeal Court judges.

The prohibition which told the former PJ coordinator that he was ordered not, "..'to express your opinion in any form (written, interview, analysis,comment) on what you wrote in that book,..' restricts a constitutional and universal right: the freedom of opinion and expression," according to the ruling.

The three judges who signed the ruling also consider that the decision by the Lisbon Civil Court violated the Constitution of the Portuguese Republic and the European Convention on Human Rights.

Apart from seeing, "A Verdade da Mentira," return to the bookshops, Gonçalo Amaral also regains his right to freedom of expression.

Jornal de Noticias 19/10/10

By Marisa Rodrigues

Grégory Villemin: four-year-old murdered in 1984. Parents request Low Copy Number DNA analyses of samples.


The Grégory case: decision on Wednesday on the last chance analysis.

On Wednesday, the court will announce its decision on the request for new analyses that the parents of little Grégory Villemin, who was murdered in October 1984, are hoping for, in an attempt to resolve one of the most sensational legal mysteries in the post-war period.

The Investigative Division of the Dijon Court of Appeal, in charge of the investigation into the murder of little Grégory, who was found drowned, bound hand and foot, in the Vologne (Vosges) on October 16th 1984, must now make a decision on the request for 'new forensic investigations,' filed in June by Thierry Moser, lawyer for Jean-Marie and Christine Villemin.

At the time, the lawyer considered that it was, 'the last chance procedure.' During the June 30th hearing, the process was adjourned until September 29th for further deliberation, for the court to report its decision on October 20th.

"We are confident and calm. The Dijon Court of Appeal looks positive and wants to go forward. Will these new leads bring success? That's a different kettle of fish," Mr Moser stated.

For the court, it's basically about authorising DNA analysis of a hair found on the four-year-old's trousers and additional investigation of DNA "embedded," in the cords that bound him. With this new investigative procedure, called LCN (Low Copy Number) which is considered exceptional, on a number of scant samples, the cords would have to be cut up and therefore destroyed.

"For us, the cords are the important things, because there we are closest to what took place. It's of prime importance," added Marie-Christine Chastant-Morand, the other lawyer for Jean-Marie and Christine Villemin.

Other requested "forensic investigations": comparison of the voice of the anonymous caller with those of the main characters in the case, such as were gathered by journalists at the time, sound recordings retained by the National Audiovisual Institute. (INA)

It is also a question of looking for fingerprints "on the gummed parts of envelopes," and pressure impressions (raised on a page due to the pressure of writing) on the letter claiming responsibility for the crime.

The Attorney General has gone along with the Villemin couple concerning these five demands, "subject to feasibility," for the last three, stated Jean-Marie Beney, Dijon's Attorney General.

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