Madeleine McCann parents lose court case

After a lengthy battle the parents of Madeleine McCann are facing extensive court costs after losing their 13-year legal battle against a former Portuguese policeman. 

The detective accused them of involvement in their daughter's disappearance and consequently Kate and Gerry McCann pursued Mr Goncalo Amaral over allegations in his 2008 book.

The book, "The Truth of the Lie" was perceived by the McCann's to have breached their right to privacy, however the Portuguese supreme court ruled against them.

The couple, whose young daughter disappeared from Praia da Luz in May 2007, consequently appealed to the European Court of Human Rights (ECHR). They argued that the Portuguese authorities had breached their right to privacy and also their right to be presumed innocent.

In the September ruling the Strasbourg court rejected the couple's arguments and found that their had been extensive publicity around the claims before Mr Amaral published them in his book.

Consequently, the ECHR found that Mr Amaral's claims had not had a negative effect on the McCanns' "social relations" or their campaign to find their daughter. Additional comment was made that a balance had to be found between the McCanns' right to their private and family life and Mr Amaral's freedom of expression.

Additionally, the couple's claim over their "right to be presumed innocent" was also rejected. The court stated that Mr Amaral's book was published three days after the decision had been taken to take no action against them.

Via their lawyers the couple expressed disappointment at the judgment and said they did not intend to appeal. They will now have to pay the legal costs which had been on hold while the ruling was pending.

Through a joint statement they said: "We took action for only one reason: Mr Amaral's unfounded claims were having a detrimental impact on the search for Madeleine. The focus is now rightly on the search for Madeleine and her abductor."

E&K Solicitors

Rusholme

0161 256 3915