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*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 Mm11

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The Complete Mystery of Madeleine McCann™
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*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 Mm11

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Post by tigger 09.02.12 8:59

This came to mind:

'Never interrupt your enemy when he's making a mistake'

Napoleon Bonaparte

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Lasciate ogni speranza, voi ch'entrate.
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Post by aiyoyo 09.02.12 9:12

sharonl wrote:

The McCanns were represented by Jacob Dean (barrister), Adam Tudor, Isabel Hudson and two assistants.

After re-reading Tony's release, it dawns on me just how many heavy-duty legal eagles represented the mccanns against lone TB, supported by a strong-hold of 8 laymen. It just goes to show one side has unlimited money, while the other side has priceless friends.
The evil vs the good can't be more black and white than that.

I strongly believe the legal team of five comes with an expensive tag. I don't believe they work pro-bono, not on something like that anyway without publicity for CR. At most, Isabel Hudson's works may be thrown in pro-bono as she was (and is) the one tasked to monitor this forum. If she's charged hourly that could bankrupt the mccanns considering the countless hours she spent here. I would imagine her spying work here tallies with mccanns' statement that CR do a vast amount of work for them, quietly behind the scenes, mostly without charge.
However, I cant imagine a top Barrister and a senior partner of CR would work for no monetary returns for a pair of otherwise non-entities if not for missing Madeleine.

Isabel Hudson, and the two assistants might have been thrown in without extra charge to the mccanns for good measures in case CR couldn't cope with the notes taking especially considering there were 153 (vexatious) allegations mccanns wanted handled.


• To close our website, whose domain name was: www.madeleinefoundation.org‘

It's a shame they compelled MF to be closed. Personally, I feel TB should contest that.
So long as articles they considered to be libelous were removed, why should they stop TB running a website?
It's a blanket infringement on TB's right to freedom of expression which is not correct.
After all the hard work of TB and other people that went into that site, and it has quite a readership, why shouldn't it remain, in a democratic nation where free speech is a guaranteed liberty.


This was resolved as follows. The Judge invited Jacob Dean [the McCanns’ barrister] to take a 5-minute adjournment to consider whether he wished to reduce his 153 alleged breaches to, say, ‘the 10 most serious breaches’. He said that if the McCanns could prove those breaches, it was unnecessary to prove the other 143. After 15 minutes, the McCanns’ legal team came back into Court and said that they would submit a new application based on ‘around 25’ of the most serious breaches. The trial will then be confined effectively to an examination of just those 25 alleged breaches. The Judge gave them until 4pm on Friday 17 February to serve this new application on me. He also suggested to Mr Dean that Carter-Ruck needed to be much more precise than they had been about the words I used that were said to be in breach of the undertaking and which term of any undertaking they were alleged to breach.

Well, well, if they have to put in a new application listing only 25 breaches, I cant help wondering if the alleged breach of the sale of 60-reason leaflet would be included this time round because it would involve implicating their bait they used to entrap TB. If they rescind that, maybe it's valid reason enough for TB to cite their litigation intention was vexatious.

I had applied for an Order that one of the McCanns make a Witness Statement to (a) state what evidence there is that Madeleine McCann was abducted and (b) to state what evidence there was, as claimed in Isabel Hudson’s Affidavit, that any of my actions had, as the McCanns claimed, ‘harmed the search for Madeleine’. These applications were refused.
The Judge said that it was for the Claimants to give whatever evidence they felt was necessary to support their application to commit me to prison and that if I felt there was insufficient evidence that an abduction had occurred I would have the right to make submissions about this in my closing speech at the trial.

It's good to see the Judge is open-minded about that.


UNQUOTE TONY

So, once again, well done TB.
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Post by espeland 09.02.12 9:45

Well done, Tony!

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Post by Pershing36 09.02.12 9:48

Tony's stalker was claiming on another forum he was there.
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Post by T4two 09.02.12 9:52

One could be forgiven for suspecting that the 153 allegations were made against Mr. Bennett in order to complicate the case and maximize the time required for dealing with them, thus increasing the costs for the defendant. The judge is to be applauded for attempting to have them reduced to just 10 and actually getting the number down to a grudgingly 'around 25'. One must query the motives of the plaintiffs and their legal representatives in using a fund set up with public donations to conduct a search for their missing daughter almost solely for the purpose of pursuing those who do not agree with their questionable version of the circumstances surrounding her disappearance. It is becoming increasingly apparent that both this action and the action in Portugal are being conducted with a level of vindictiveness which should not sit easy with judges in either country. It is not the task of the courts to make themselves an instrument of revenge by destituting defendants and completely destroying their lives. One can only hope that common sense and fairness prevail in both countries.
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Post by Guest 09.02.12 9:58

I'm not sure to whom you refer Pershing36 (one or two infamous names come to mind!) but I'd be surprised if none of the pros made an appearance. I wonder if they learned anything from the experience - no, probably not!
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Post by Willo 09.02.12 10:02

A good first day at the crease. Well done TB.*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 636506

Just a thought though


Maybe by reducing the amount of breaches was the only way to keep Mike Gunnil out of the dock and at the same time make it look like they are doing TB a favour? Denying access to Mike Gunnill straight off would have been too obvious. So approve him, then hand back a get out clause.
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Post by Guest 09.02.12 10:05

I agree T4two. All they needed to send to court yeasterday was a Barrister, without the entourage. Even a high profile murder trial does not have that level of people in attendance. Talk about overkill.

I have a feeling that as the Judge asked for only 10 of the most serious claims to be used at the trial and Carter Ruck came back with 25, this will already be working against Carter Ruck, for not following the Judge's request. *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 234628
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Post by Guest 09.02.12 10:10

Willo wrote:A good first day at the crease. Well done TB.*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 636506

Just a thought though


Maybe by reducing the amount of breaches was the only way to keep Mike Gunnil out of the dock and at the same time make it look like they are doing TB a favour? Denying access to Mike Gunnill straight off would have been too obvious. So approve him, then hand back a get out clause.

The only undertaking Tony breached, was allowing Gunnil research material, under false pretences and entrapment. If he does not attend for whatever reason, the whole case will collapse.
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Post by Willo 09.02.12 10:39

I'm happy that the day went well and I'm hopeful of a fair trial thus TB's aquittal but......... It all feels too neat. C/R are not stupid. That nagging feeling that something from left field will emerge is in my head. I'm sure I was never so skeptical before Team McCann evolved.
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Post by aiyoyo 09.02.12 10:43

Stella wrote:I agree T4two. All they needed to send to court yeasterday was a Barrister, without the entourage. Even a high profile murder trial does not have that level of people in attendance. Talk about overkill.

I have a feeling that as the Judge asked for only 10 of the most serious claims to be used at the trial and Carter Ruck came back with 25, this will already be working against Carter Ruck, for not following the Judge's request. *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 234628

The wise judge no doubt had arrived at a conclusion that the relationship between mccanns and CR has gone beyond professional capacity.
At the end of the day although lawyers have to follow clients instruction, nonetheless the pivotal role of good lawyers is to advise their client appropriately. And, no sensible client will go against sound and good advice, especially if advised that going against Judge's recommendation would look unreasonable.

This countering of the Judge's suggestion will look bad alike for both mccanns and CR to the Judge, in that the mccanns came across as small minded difficult, unreasonable, and determined to compound the case, when 10 would be sufficient for their purpose. While CR came across as either unable to persuade their clients, or didn't persuade the mccanns, but in it together with them to overkill the defendant, when there is absolutely no need to inundate an individual with boxes and boxes of unnecessary legal papers that TB has to work through in order to prepare for his defence. Besides,TB is not like CR, a law firm, staffed by associate partners and employees hence adequately armed to tackle legal papers. TB does not have that privilege.

Anyway, just as a matter of discussion, who ever heard of a litigation of this nature where defendant was served tonnes of documents to read through? We are not talking conglomerate or corporation's litigation where a bundle of hundreds for thousands of people were involved as defendants like an industry accident for example, or Murdoch-style hacking situation where hundreds if not thousands of victims were involved. Here we're talking solely one individual tackled by the mccanns.

The entourage of 5 legal attendants representing mccanns would not have gone unnoticed by the Judge.
All this display of legal might just to take on TB - Goliath vs David springs to mind.
Can anyone imagine what would be the size of their legal entourage if they were on trial for the criminal act/s we cannot mention?

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Post by ShuBob 09.02.12 10:49

Willo wrote:I'm happy that the day went well and I'm hopeful of a fair trial thus TB's aquittal but......... It all feels too neat. C/R are not stupid. That nagging feeling that something from left field will emerge is in my head. I'm sure I was never so skeptical before Team McCann evolved.

That's open to debate. They heavily rely on their reputation to scare off opposition. As an example, how can Isabel Hudson claim that Maddie's disappearance should not be referred to as a "mystery" as that would lead people to suspect the McCanns? Where is the sense in that?

As per your "nagging feeling", perhaps, they'll have to file a brand new case against TB because as I understand it, they cannot add to what they've already claimed. Why is it so difficult for them to find just 10 instances of any breaches which will be sufficient to nail TB? IMO, the judge is doing them a favour. 10 out of 153 ain't bad *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 234628
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Post by ShuBob 09.02.12 10:53

aiyoyo wrote:
The wise judge no doubt had arrived at a conclusion that the relationship between mccanns and CR has gone beyond professional capacity.
At the end of the day although lawyers have to follow clients instruction, nonetheless the pivotal role of good lawyers is to advise their client appropriately. And, no sensible client will go against sound and good advice, especially if advised that going against Judge's recommendation would look unreasonable.

This countering of the Judge's suggestion will look bad alike for both mccanns and CR to the Judge, in that the mccanns came across as small minded difficult, unreasonable, and determined to compound the case, when 10 would be sufficient for their purpose. While CR came across as either unable to persuade their clients, or didn't persuade their client but in it together with the clients to overkill the defendant, when there is no need to weigh him down with boxes and boxes of unnecessary paper works to go through.

The entourage of 5 legal attendants representing mccanns would not have gone unnoticed by the Judge.
All this display of legal might just to take on TB - Goliath vs David springs to mind.
Can anyone imagine what would be the size of their legal entourage if they were on trial for the criminal act/s we cannot mention?


The size of OJ Simpson's legal team will be dwarfed in comparison by the look of things!

As you rightly point out, this is a David v Goliath battle. We all know how that one ended *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 841898
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Post by aiyoyo 09.02.12 11:35

Willo wrote:I'm happy that the day went well and I'm hopeful of a fair trial thus TB's aquittal but......... It all feels too neat. C/R are not stupid. That nagging feeling that something from left field will emerge is in my head. I'm sure I was never so skeptical before Team McCann evolved.

Willo.
While TB and friends adjourned to a nice place for lunch to celebrate their minor victory, what's betting the mccanns and lawyers would have convened to discuss new strategies where frayed nerves are on display after their setback.

The mccanns rely on their high profile publicity, playing on the sentiments of a targeted audience, hoping to impress upon the judge about their plight. They like to play the victims but that is besides the point. Madeleine is the real victim here.
Bear in mind TB is a campaigner who has done his research thoroughly. I believe he would have at least an ace under his sleeves. If anything I suspect the mccanns are more afraid of him, than other way round.

He shows braveness in standing up to them which is more than can be said of the mccanns, who didn't dare face him for they were absent at this Directions hearing. Most importantly they didn't dare take an independent polygraph or do the requested reconstruction in case their cards come tumbling down.

The side with something to hide is the side who fears the most imo, because you will never know what your opponent has up their sleeves.
Also, the mccanns have to be mindful of future ramifications for them when the eventuality catches them up, which it will. Then it will be big pay back time for TB, which by then the mccanns can ill afford, even though they can well afford to tackle TB now. They more they take off from TB or deprive TB of, in equal or more measures they will have to pay out when it comes due date.

Despite their arrogance, I believe they still fear the dreaded knock on their door by the law. Historically there had been successful conviction even without a physical body. Their abduction tale has gone past its sell-by date, and in my view, their smartness might implode on them sooner rather than later when they least expect it. Only my humble opinion of course in case CR's spy is reading.


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Post by Guest 09.02.12 11:50

It is my opinion that anyone who has heard about this case being brought about against Tony (and through twitter and forums like this more and more people are thankfully being educated as to what is going on), will no doubt have done their own research and be well aware of Tony’s work not only in this case but in other cases where there have been more questions than answers e.g. Barrymore case and the Lee Balkwell case where his valuable work has exposed corruption in Essex police.

I am sure many people will be wondering why Team Mccann and their legal teams are bringing a case against a man who has merely asked questions about so many anomalies in this case, especially when those questions have arisen due in part, to the many discrepancies in their statements and interviews and the statements of their friends (as evidenced in the PJ files, and media interviews). This is a man who is trying to find out what really happened to their daughter yet he is being faced with intimidation and the prospect of being put in prison!

I believe that the fact they go to these lengths reinforces for many people that they feel even more sure some kind of coverup is going on because these are normally the tactics used when people are trying to hide something that isn’t right. (anyone familiar with the child abuse scandal in Jersey for example, will be well aware of how the powers that be are rather prone to chucking people in prison who dare to speak out against them!)

We have also seen intimidation against Pat Brown, a respected criminal profiler, in relation to her book, but I believe in the eyes of the public all this action merely convinces many people that they are prepared to use anything they can to stop the truth from coming out about what happened to Madeleine.

Well done to Tony for having the strength, determination and courage to stand up against these bully boys who are being exposed for everyone to see by taking this action and has made more of the public research the case and read the PJ files and find out information that has been suppressed by the British Press!
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Post by crewman 09.02.12 12:08

Tony should seek to have the McCann couple declared vexatious litigants the next time he appears before a High Court Judge.

And I say that not in jest. There really are grounds for doing so here, and the fact that the judge has directed their legal team to have them reduce their "Breach" list from 153 points to just 10 shows that he thinks their actions as being somewhat frivolous and without merit.

Good luck Tony. The general feel from your latest dispatch makes me think that this judge won't be a pushover inasmuch as one Lord Levenson has been so far.....
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Post by Guest 09.02.12 12:49

OK All, here's for a educated guess:

How much money has been spent by Search Ltd on barristers, solicitors and legal assistants preparing for the superfluous 143 claims of breach? At, shall we say, around EUR 250-550 per hour plus VAT?

Wonder who will pay for all of this?

Will Search Ltd now turn on CR citing malpractice and waste of time/money?
Like they did(n't) on Methodo 3, Halligen, Edgar, Duarte and, in the final analysis: CM?

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Post by justme3 09.02.12 13:15

Why won't they take a lie detector test and clear this up, once and for all?
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Post by Guest 09.02.12 13:16

Lie detector tests aren't as far as I know admissible as evidence one way or the other.
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Post by Miraflores 09.02.12 13:41

Tony should seek to have the McCann couple declared vexatious litigants the next time he appears before a High Court Judge.

I always wonder whether they have this concept in Portugal too, and whether Amiral could use it?
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Post by aiyoyo 09.02.12 13:52

justme3 wrote:Why won't they take a lie detector test and clear this up, once and for all?

yeah, like they are suicidal or dying to go to jail!

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Post by tiny 09.02.12 13:59

didnt know where to put this,please move if nessary.






KeirSimmonsITV Keir Simmons



Scotland Yard Commissioner says Met Police review of Madeleine McCann evidence may reach a conclusion within 'a few months'
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Post by Guest 09.02.12 14:08

Don't listen to Keir, he knows what side his bread is buttered.
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Post by tiny 09.02.12 14:16

yes i had read he,s a twit*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 110921 ,just wonder if this really came from a scotland yard commisioner.
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Post by aiyoyo 09.02.12 14:16

Stella wrote:Don't listen to Keir, he knows what side his bread is buttered.

oh dear, kier the obfuscator trying to spin.
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