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Parents of Madeleine McCann face substantial legal costs after losing libel battle

Kate and Gerry McCann lose latest stage of libel battle against Portuguese detective - WPA Pool /Getty Images Europe
Kate and Gerry McCann lose latest stage of libel battle against Portuguese detective - WPA Pool /Getty Images Europe

The parents of Madeleine McCann are facing substantial court costs after losing their 13-year legal battle with the former detective who accused them of involvement in their daughter’s disappearance.

Kate and Gerry McCann sued Goncalo Amaral over allegations in his 2008 book, The Truth of the Lie, eventually losing the case when the Portuguese Supreme Court ruled against them.

The couple, whose daughter disappeared from the resort of Praia da Luz in May 2007, appealed to the European Court of Human Rights (ECHR) - arguing that Portuguese authorities had breached their right to a private and family life and also their right to be presumed innocent.

But in a ruling handed down on Tuesday, the court in Strasbourg rejected the couple's arguments, finding that there was extensive publicity around the claims before Mr Amaral published them in his book.

The ECHR found that Mr Amaral's claims had not had a negative effect on the McCann's "social relations" or their campaign to find their daughter.

The court also said that the McCanns' right to respect for their private and family life had to be balanced against Mr Amaral's freedom of expression.

The couple’s claim over their "right to be presumed innocent" was also rejected, because the court said Mr Amaral's book was published three days after the decision to take no action against them.

Goncalo Amaral at the release of his book, The Truth of the Lie, in 2008 - Joao Henriques /AP
Goncalo Amaral at the release of his book, The Truth of the Lie, in 2008 - Joao Henriques /AP

In a statement issued through their lawyers the couple expressed disappointment at the judgment but said they did not intend to appeal the decision.

The ruling means they could now face substantial legal costs which had been on hold while the ruling was pending.

They said: “However, much has changed since we started legal proceedings 13 years ago against Mr Amaral, his publisher and broadcaster.

"We took action for one and only one reason: Mr Amaral's unfounded claims were having a detrimental impact on the search for Madeleine.

Kate and Gerry McCann lose latest stage of libel battle against Portuguese detective - PA
Kate and Gerry McCann lose latest stage of libel battle against Portuguese detective - PA

"If the public believed that we were involved in her disappearance, then people would not be alert for possible clues and may not report relevant information to the relevant law enforcement agencies.

"The focus is now rightly on the search for Madeleine and her abductor(s).”

Earlier this year, German investigators said they had new evidence against prime suspect in the case and convicted sex offender Christian Brueckner. In April, he was officially declared a suspect by Portuguese officials as a 15-year legal deadline approached.

Brueckner denies any involvement in Madeleine's disappearance, claiming he was miles from the scene with a woman who will support his alibi.