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Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

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Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Tony Bennett on 13.11.15 14:16

Stephen Birch's letter

13 November 2015

Attention Mr. Tony Bennett

Hi Tony

Trust you well.

For the purposes of asking you this question can we put all differences aside pertaining to our beliefs regarding what happened to Madeleine, or whether my actions pertaining to informing the McCann sibling of Madeleine’s possible burial site is right or wrong.

Please only give me a legal answer to my legal question. I am familiar with South African law but have limited knowledge on UK law.

Here is my question. I have over several months written to all eight partners of Carter Ruck and advised them that I would be informing Sean and Amelie McCann that their sister lies possibly buried under the Murat rear gravel driveway. I have furthermore confirmed in correspondence to Carter Ruck’s eight partners, that should they fail to respond to my emails, it can only be assumed that they are in agreement for me to proceed to inform the siblings.

Under UK law, when we inform the underage siblings, does Carter Ruck still have grounds to bring a legal action against me, given the above ?

Your professional legal opinion would be appreciated.

Yours sincerely

Stephen D. Birch 

My reply:

ANSWER:  If you were thinking of informing the twins by letter, your letter would of course be intercepted by the McCanns and the twins would never see it. So that would be a waste of your time, effort and postage costs.

If you attempted to inform them by any other means, I believe you could potentially be arrested for any one of the following: threatening behaviour, breaches of the Public Order Act 1986, and anti-harassment and/or anti-stalking legislation.

With reference to the Public Order Act 1986, look this up here:  

https://en.wikipedia.org/wiki/Public_Order_Act_1986

and carefully note the following:

Section 4 - Fear or provocation of violence
Section 4A - Intentional harassment, alarm or distress  
Section 5 - Harassment, alarm or distress

I need hardly tell you that all of us over here who have read about your  idea of confronting the twins have recoiled on reading it. You would have no support for what you have in mind and if you are to pursue your obsession about a body being under Mrs Murat's driveway then you'll have to think about other ways of doing it. 

Tony Bennett   

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by aquila on 13.11.15 14:25

This is the oke whose initial post on this forum was that he had travelled to London and armed himself with UK lawyers whilst having a covert team placed in Portugal. During his stop-off in London to secure the services of top lawyers he allegedly procured a GPR machine whilst his covert team were keeping surveillance on the Murat property.

I seem to remember he also subsequently asked people for donations to something or other and has now closed his social media accounts.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Tony Bennett on 13.11.15 14:53

@aquila wrote:This is the oke whose initial post on this forum was that he had travelled to London and armed himself with UK lawyers whilst having a covert team placed in Portugal. During his stop-off in London to secure the services of top lawyers he allegedly procured a GPR machine whilst his covert team were keeping surveillance on the Murat property. I seem to remember he also subsequently asked people for donations to something or other and has now closed his social media accounts.
Not forgetting that he was also chosen by Sonia Poulton on David Icke's 'People's TV' as one of three people who could help viewers understand the Madeleine McCann case better - along with fantasist barrister and sex offender Michael Shrimpton and, er, Rosalinda Hutton    

duh

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by BlueBag on 13.11.15 14:53

Crazy person.

What does he hope to achieve except hand ammunition to the "look... they're all nutters" crowd.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Tony Bennett on 13.11.15 15:18

@BlueBag wrote:Crazy person.

What does he hope to achieve except hand ammunition to the "look... they're all nutters" crowd.
Birch has now replied with this:

13 November 2015

Hi Tony
 
Thank you for your reply to my legal question. Your reference to various UK law is noted. However you fail to take into consideration that Carter Ruck have on several occasions by email, been advised by me, of me and my teams, future action to inform the McCann siblings, and by failure to respond, by implication Carter Ruck are in agreement with my action to inform the siblings of Madeleine’s possible burial site.
 
In South African law, the judge will confront the attorney firm and ascertain why they failed  to place on record that they objected to the siblings being informed.
 
It will go a long way in mitigation of any potential sentence.
 
Lastly Sean and Amelie and the schools they attend, will be advised of MADELEINE possible burial site, not through convention channels of communication.
 
Also please consider that as from 1 September 2016, the siblings will have full access to all forms of social media.
 
Your legal opinion will be appreciated.
 
Yours sincerely
 
Stephen D Birch

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Amy Dean on 13.11.15 15:26

He announced a few months ago that he was giving up the case due to threats on his life. 

What a pity that he has changed his mind.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by aquila on 13.11.15 15:48

@Tony Bennett wrote:
@aquila wrote:This is the oke whose initial post on this forum was that he had travelled to London and armed himself with UK lawyers whilst having a covert team placed in Portugal. During his stop-off in London to secure the services of top lawyers he allegedly procured a GPR machine whilst his covert team were keeping surveillance on the Murat property. I seem to remember he also subsequently asked people for donations to something or other and has now closed his social media accounts.
Not forgetting that he was also chosen by Sonia Poulton on David Icke's 'People's TV' as one of three people who could help viewers understand the Madeleine McCann case better - along with fantasist barrister and sex offender Michael Shrimpton and, er, Rosalinda Hutton    

duh
I wonder if he and Sonia are still in touch?

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Sophiebubbles on 13.11.15 15:53

OK, I admit to finding this ongoing saga of Stephen Birch very boring, I did read Textusa's thread and got glazed eyes, again I am wondering why it is the only thread that I somehow want to just ignore reading.

In the beginning I thought something could come of the supposed findings in Murats driveway and got quite excited, other researchers and posters who did respectfully spend a lot of their time coming to their conclusions, mainly all saying he is a 'nutter ' . Like I have just said I did not spend time reading all the specifics. and most respected reasercher IMO came to their conculsion after a lot of deliberation...........I simply would like to ask......why will no one on both sides of the camp just dig up the said driveway and put the issue of Stephen Birch to bed......why will NO ONE do it as it is a simple task, seemingly PJ are not even interested and are police not encouraged to close all lines of inquiry. McCanns are not interested, if it was me I would need to know FOR SURE my child was not there. What am I missing, this simply baffles me and I genuinely am just asking WHY NOT. At the end of the day it can then be said for FACT Stephen Birch is a 'nutter' end of. 
Think im wondering if it is the case that in giving in to Stephen Birch, he will get his 5 mins of fame, but on other hand in giving into Stephen Birch he will also get his five minutes of fame andbe exposed for what he is.

So why not dig up driveway and be done with it?????? Who or what is there to loose

I have to say him bringing the twins into this is disgusting, poor wee mites.

Simply only asking that question, everyone seems suitably convinced he is only attention seeking, seems the case, but still can someone explain why it is not dug up and over with please.....

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Stephen Birch?

Post by willowthewisp on 13.11.15 15:56

Dear Mr Bennett,
Please cease having anything to do with the people who are now purporting to be friends with a similar objective with regard to what may have happened to Madeleine McCann, who have been to say the very least nasty to you and your family, friends, these are not?

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by pennylane on 13.11.15 16:42

That story's manna from heaven for Mitchell.

No doubt we'll be bombarded with the headlines "McCanns' anguish for twins" when TM need yet another diversionary story.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by pennylane on 13.11.15 16:52

I think Birch has really lost the plot now!  No pun intended.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Gaggzy on 13.11.15 16:53

@Sophiebubbles wrote:OK, I admit to finding this ongoing saga of Stephen Birch very boring, I did read Textusa's thread and got glazed eyes, again I am wondering why it is the only thread that I somehow want to just ignore reading.

In the beginning I thought something could come of the supposed findings in Murats driveway and got quite excited, other researchers and posters who did respectfully spend a lot of their time coming to their conclusions, mainly all saying he is a 'nutter ' . Like I have just said I did not spend time reading all the specifics. and most respected reasercher IMO came to their conculsion after a lot of deliberation...........I simply would like to ask......why will no one on both sides of the camp just dig up the said driveway and put the issue of Stephen Birch to bed......why will NO ONE do it as it is a simple task, seemingly PJ are not even interested and are police not encouraged to close all lines of inquiry. McCanns are not interested, if it was me I would need to know FOR SURE my child was not there. What am I missing, this simply baffles me and I genuinely am just asking WHY NOT. At the end of the day it can then be said for FACT Stephen Birch is a 'nutter' end of. 
Think im wondering if it is the case that in giving in to Stephen Birch, he will get his 5 mins of fame, but on other hand in giving into Stephen Birch he will also get his five minutes of fame andbe exposed for what he is.

So why not dig up driveway and be done with it?????? Who or what is there to loose

I have to say him bringing the twins into this is disgusting, poor wee mites.

Simply only asking that question, everyone seems suitably convinced he is only attention seeking, seems the case, but still can someone explain why it is not dug up and over with please.....


There is absolutely no need to, Eddie and Keela have already been there in August 2007 and they didn't alert to a thing.

According to Birch's theory, her dead body was buried there at about 21:15 on the night of the 3rd May 2007.

If that is correct, the dogs would have alerted, 100%, but they didn't.

So move along, there's nothing to see.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by aquila on 13.11.15 17:12

@Tony Bennett wrote:Stephen Birch's letter

13 November 2015

Attention Mr. Tony Bennett

Hi Tony

Trust you well.

For the purposes of asking you this question can we put all differences aside pertaining to our beliefs regarding what happened to Madeleine, or whether my actions pertaining to informing the McCann sibling of Madeleine’s possible burial site is right or wrong.

Please only give me a legal answer to my legal question. I am familiar with South African law but have limited knowledge on UK law.

Here is my question. I have over several months written to all eight partners of Carter Ruck and advised them that I would be informing Sean and Amelie McCann that their sister lies possibly buried under the Murat rear gravel driveway. I have furthermore confirmed in correspondence to Carter Ruck’s eight partners, that should they fail to respond to my emails, it can only be assumed that they are in agreement for me to proceed to inform the siblings.

Under UK law, when we inform the underage siblings, does Carter Ruck still have grounds to bring a legal action against me, given the above ?

Your professional legal opinion would be appreciated.

Yours sincerely

Stephen D. Birch 

My reply:

ANSWER:  If you were thinking of informing the twins by letter, your letter would of course be intercepted by the McCanns and the twins would never see it. So that would be a waste of your time, effort and postage costs.

If you attempted to inform them by any other means, I believe you could potentially be arrested for any one of the following: threatening behaviour, breaches of the Public Order Act 1986, and anti-harassment and/or anti-stalking legislation.

With reference to the Public Order Act 1986, look this up here:  

https://en.wikipedia.org/wiki/Public_Order_Act_1986

and carefully note the following:

Section 4 - Fear or provocation of violence
Section 4A - Intentional harassment, alarm or distress  
Section 5 - Harassment, alarm or distress

I need hardly tell you that all of us over here who have read about your  idea of confronting the twins have recoiled on reading it. You would have no support for what you have in mind and if you are to pursue your obsession about a body being under Mrs Murat's driveway then you'll have to think about other ways of doing it. 

Tony Bennett   
Tony, I have to ask, was this just a random letter received today or do you regularly maintain correspondence with Birch?

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by plebgate on 13.11.15 17:19

@willowthewisp wrote:Dear Mr Bennett,
Please cease having anything to do with the people who are now purporting to be friends with a similar objective with regard to what may have happened to Madeleine McCann, who have been to say the very least nasty to you and your family, friends, these are not?
Logged in to say the same.

Ignore him Tony - is he having a laugh or what?

Not clever at all. 

Can't say I blame CR for not replying.  Ignore, always best policy when dealing with such stupidity.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Tony Bennett on 13.11.15 17:31

@aquila wrote:
@Tony Bennett wrote:Stephen Birch's letter

13 November 2015

Attention Mr. Tony Bennett
Tony, I have to ask, was this just a random letter received today or do you regularly maintain correspondence with Birch?
A random letter received out of the blue. 

He used to 'phone me from time to time, years back, usually asking questions about the case because he didn't know the answers or where to find them.

This was before he came up with the 'buried in Murat's driveway' thing.

After he joined CMOMM and I publicly challenged his crazy ideas he sent me and the forum some nasty, abusive messages.

I don't know when the last abusive message was, but this is the first I've heard from him since he last sent me an abusive message.     

I'm afraid that Sonia Poulton giving him an extended, unchallenged platform to broadcast his rubbish has only encouraged him.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by MRNOODLES on 13.11.15 17:32

@TB have you sent him a bill for your legal advice?   big grin

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by aquila on 13.11.15 17:33

thumbsup
@Tony Bennett wrote:
@aquila wrote:
@Tony Bennett wrote:Stephen Birch's letter

13 November 2015

Attention Mr. Tony Bennett
Tony, I have to ask, was this just a random letter received today or do you regularly maintain correspondence with Birch?
A random letter received out of the blue. 

He used to 'phone me from time to time, years back, usually asking questions about the case because he didn't know the answers or where to find them.

This was before he came up with the 'buried in Murat's driveway.

After he joined CMOMM and I publicly challenged his crazy ideas he sent me and the forum some nasty, abusive messages.

I don't know when the last abusive message was, but this is the first I've heard from him since he last sent me an abusive message.     

I'm afraid that Sonia Poulton giving him an extended, unchallenged platform to broadcast his rubbish has only encouraged him.
thumbsup

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by roy rovers on 13.11.15 18:00

@MRNOODLES wrote:@TB have you sent him a bill for your legal advice?   big grin
SB's London lawyers will cut and paste TB's legal advice and send it to SB with a bill for £1000's.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by close_shave on 13.11.15 18:11

@roy rovers wrote:
@MRNOODLES wrote:@TB have you sent him a bill for your legal advice?   big grin
SB's London lawyers will cut and paste TB's legal advice and send it to SB with a bill for £1000's.
If Birch has already got lawyers in London why did he need TB's advice?

It's disgusting if he tries to go ahead with informing the twins and their school. What has the twins school got to do with it anyway?

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Amy Dean on 13.11.15 18:17

He posted this on Facebook on 6th November.






In discussions with Principals of De Lisle Roman Catholic High & St Paul's Catholic High Schools.
Both Mr Neil Lockyer and Mr Christopher Davies have agreed to inform siblings Sean & Amelie that their sister Madeleine lies possibly buried under the Murat rear gravel driveway.
On the 1st September 2016 the twins will attend one of the two schools. Both entire schools will be informed of the Murat rear gravel driveway as the possible burial site of MADELEINE... The twins will for the first time come into contact with social media. Legal firm Carter Ruck cc in all correspondence...

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Guest on 13.11.15 18:20

If Birch has already got lawyers in London why did he need TB's advice?

He doesn't need TB's advice.  He knows that TB will post his correspondence on the forum, which provides him with publicity.  I would prefer if SB's ideas weren't posted here, particularly where it concerns the twins.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Casey5 on 13.11.15 19:51

@Gaggzy wrote:
@Sophiebubbles wrote:..I simply would like to ask......why will no one on both sides of the camp just dig up the said driveway and put the issue of Stephen Birch to bed......why will NO ONE do it as it is a simple task, seemingly PJ are not even interested and are police not encouraged to close all lines of inquiry. McCanns are not interested, if it was me I would need to know FOR SURE my child was not there.
There is absolutely no need to, Eddie and Keela have already been there in August 2007 and they didn't alert to a thing.
According to Birch's theory, her dead body was buried there at about 21:15 on the night of the 3rd May 2007.
If that is correct, the dogs would have alerted, 100%, but they didn't.
So move along, there's nothing to see.
--------------------------------------------------------------
Sophiebubbles, I think the same as you. Even though the dogs did not alert at Murat's house if Madeleine was my child I would have insisted that the path be investigated again.After all, the McCanns consider the dogs to be totally unreliable- they said so on TV- and they did promise that no stone would be left unturned so you would think they would demand that it was dug up just to be sure and dig it up themselves if need be. I know I would if there was the slightest possibility of it being true. Clutching at straws maybe but desperate times require desperate measures. And let's face it the McCanns have followed dubious clues in different countries, at least their PI's have. I would have to know for sure she wasn't there. But of course they may already do so.Still I would expect the relatives to have an opinion.

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Verdi on 13.11.15 20:07

@Tony Bennett wrote:
@aquila wrote:This is the oke whose initial post on this forum was that he had travelled to London and armed himself with UK lawyers whilst having a covert team placed in Portugal. During his stop-off in London to secure the services of top lawyers he allegedly procured a GPR machine whilst his covert team were keeping surveillance on the Murat property. I seem to remember he also subsequently asked people for donations to something or other and has now closed his social media accounts.
Not forgetting that he was also chosen by Sonia Poulton on David Icke's 'People's TV' as one of three people who could help viewers understand the Madeleine McCann case better - along with fantasist barrister and sex offender Michael Shrimpton and, er, Rosalinda Hutton    

duh
Sonia who?

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Verdi on 13.11.15 20:14

@Sophiebubbles wrote:
So why not dig up driveway and be done with it?????? Who or what is there to loose


Simply only asking that question, everyone seems suitably convinced he is only attention seeking, seems the case, but still can someone explain why it is not dug up and over with please.....
What - be compromised by a poseur, or failing that a complete fraud?  Why would anyone allow themselves to be forced into action by one such as Stephen Birch?

No way!

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Re: Stephen D Birch asks for legal advice on his plans to confront the McCanns' twins

Post by Sophiebubbles on 14.11.15 16:36

@ Verdi.....I am not sure how to interpretate your reply, you give the impression that it would be beneath anyone, or unwise to give SB time of day and I see you and everyone else have the same opinion. Time wasters etc I have read about and at beginning of certain topics I have never been sure, but then slowly research has shown them up for what they are.( This is why I have followed only this Forum on a daily basis) and I then see it for mself as plain as day.

@ Casey5.......You seem to be the only one who is seeing the bigger picture of what I am trying to put across when I mentioned the McCann's not being interested in what SB is suggesting in that he 'know knows' what is under Murats driveway.

@ Verdi.....The McCanns have nothing to lose out of having the driveway dug up by a fraudster,  so what would their refusal to do so achieve,(I am not sure they refused, but as it has not been dug up they obviously are not concerned) yes we know the dogs were there and came up with nothing re aleting to Madeleine being there but as @ Casey5 reminds us, they do not believe in the dogs. There were supposedly live sighting of Maddie, which were followed up by entities, albeit the McCanns displayed their infamous dupers delight expression, but the sightings were followed up (mostly) by the police forces or PI's involved, whilst most people could see their scam and was a talking point on here. SB knows where Maddie is (supposedly) why is there no discussion about their lack of interest, why is this situation different, is what I would like to gleam.

Again if any police force are given a 'tip off' I have never heard  of any case where they just ignore it not even a hoax call or as another poster suggested to me (sorry cannot remember who) just up topic..........nothing to see here just move on.

I reiterate, it is the first topic I don't get, but, do see everyone else involved in the discussion....does see it very clearly....except @Casey5.

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