TRIAL DATE McCanns v Bennett 9 & 10 May 2012

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TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  Tony Bennett on Mon Feb 27, 2012 1:10 pm

I informed Carter-Ruck on 23 February that I would be making no further comment of any kind about the reported disappearance of Madeleine McCann until after the conclusion of the committal-to-prison trial.

I am able however to report that today the Royal Courts of Justice have written to me to say that the trial is scheduled to last TWO DAYS and will take place on

WEDNESDAY 9TH and THURSDAY 10TH MAY 2012

at the Royal Courts of Justuice, the Strand.

Unless there is a settlement between the parties prior to that date, two applications will be considered by the Court:

1. By the McCanns to have me imprisoned, fined, or my assets seized (or any combination) for allegedly breaching Part C of the undertakings I gave them and the High Court on 25 November 2009

and

2. By me to be released from Part C of the undertakings I gave to the McCanns and the Court.

I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.

I understand it may be regarded as a breach of my undertaking if I were to re-state what Part C of my undertakings required me not to do.

I'm sorry, I won't be able to make any further comment nor answer any further questions about this matter on here unless it is simply to convey any details about the forthcoming trial.

_______________________________________________


Tony Bennett

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http://www.madeleinefoundation.org.uk/

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  ShuBob on Mon Feb 27, 2012 1:15 pm

Good luck Tony.

Hopefully, with the MAIN claim withdrawn, they will abandon the entire case against you

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  david_uk on Mon Feb 27, 2012 1:16 pm

can you tell us who bought up the idea of a settlement first?. yourself or The McCanns?

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  Kololi on Mon Feb 27, 2012 1:23 pm

I may be off the mark here but I seem to recall that it is part of the process with civil law that the parties involved are encouraged to sort out their problem before reaching the actual court session. It is something to do with mitigating costs I believe but then it is a long time ago that I studied law and it wasn't a full degree so I may be wrong totally.

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  ShuBob on Mon Feb 27, 2012 1:25 pm

Well, assuming the couple's case against Amaral isn't postponed again, that case will hopefully be concluded before TB's trial.

May be a good thing.

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  aiyoyo on Mon Feb 27, 2012 3:02 pm


@ TB
I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.


Just as I thought that CR probably wont come out unscratched when MG takes the witness stand, so how come I am not surprised they withdrew their main claim. They have effectively contradict themselves - how can the act of sending the booklet constitute a breach when the sale of it isn't? I know they are now not saying that it isn't a breach of Part A, just that they are not pursuing it anymore in view of the development not to their favour. So that being the case, no sale = no sending. Furthermore, in this instance it wasn't even a sending per se; rather it was a courier company despatched by MG or third party who came to collect from TB's doorstep.
I hope TB can find out who dispatched the courier company to pick up from him, who foot the bill for that?

Not sure how that is going to play out in Court, but surely this case hinges on CR being able to prove their no. 1 charge on their list is a breach.

CR is using manipulative strategy to circumvent the flaw in their prime charge. If TB can prove that their charges, as offshoots of their prime charge which incidentally is flawed on fundamentals, then maybe the case can be thrown out as vexatious.





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Agreed!

Post  Portia on Mon Feb 27, 2012 3:06 pm

aiyoyo wrote:
@ TB
I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.


Just as I thought that CR probably wont come out unscratched when MG takes the witness stand, so how come I am not surprised they withdrew their main claim. They have effectively contradict themselves - how can the act of sending the booklet constitute a breach when the sale of it isn't? I know they are now not saying that it isn't a breach of Part A, just that they are not pursuing it anymore in view of the development not to their favour. So that being the case, no sale = no sending. Furthermore, in this instance it wasn't even a sending per se; rather it was a courier company despatched by MG or third party who came to collect from TB's doorstep.
I hope TB can find out who dispatched the courier company to pick up from him, who foot the bill for that?

Not sure how that is going to play out in Court, but surely this case hinges on CR being able to prove their no. 1 charge on their list is a breach.

CR is using manipulative strategy to circumvent the flaw in their prime charge. If TB can prove that their charges, as offshoots of their prime charge which incidentally is flawed on fundamentals, then maybe the case can be thrown out as vexatious.






Clearly, they don't want TB to interrogate MG as a witness to the 'sale' of the booklet. TB would have grilled him and uncovered the traces back to MG's handler(s). These handlers then would have taken the rap.

Now, they will remain unknown/unseen/safe

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  Spaniel on Mon Feb 27, 2012 3:19 pm

aiyoyo wrote:
@ TB
I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.


Just as I thought that CR probably wont come out unscratched when MG takes the witness stand, so how come I am not surprised they withdrew their main claim. They have effectively contradict themselves - how can the act of sending the booklet constitute a breach when the sale of it isn't? I know they are now not saying that it isn't a breach of Part A, just that they are not pursuing it anymore in view of the development not to their favour. So that being the case, no sale = no sending. Furthermore, in this instance it wasn't even a sending per se; rather it was a courier company despatched by MG or third party who came to collect from TB's doorstep.
I hope TB can find out who dispatched the courier company to pick up from him, who foot the bill for that?

Not sure how that is going to play out in Court, but surely this case hinges on CR being able to prove their no. 1 charge on their list is a breach.

CR is using manipulative strategy to circumvent the flaw in their prime charge. If TB can prove that their charges, as offshoots of their prime charge which incidentally is flawed on fundamentals, then maybe the case can be thrown out as vexatious.




Not as I understood it. Tony sent the booklet to MG by post. The courier was despatched to MG's home to collect it and deliver same to wherever MG had arranged.

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  aiyoyo on Mon Feb 27, 2012 3:25 pm

Portia wrote:
aiyoyo wrote:
@ TB
I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.


Just as I thought that CR probably wont come out unscratched when MG takes the witness stand, so how come I am not surprised they withdrew their main claim. They have effectively contradict themselves - how can the act of sending the booklet constitute a breach when the sale of it isn't? I know they are now not saying that it isn't a breach of Part A, just that they are not pursuing it anymore in view of the development not to their favour. So that being the case, no sale = no sending. Furthermore, in this instance it wasn't even a sending per se; rather it was a courier company despatched by MG or third party who came to collect from TB's doorstep.
I hope TB can find out who dispatched the courier company to pick up from him, who foot the bill for that?

Not sure how that is going to play out in Court, but surely this case hinges on CR being able to prove their no. 1 charge on their list is a breach.

CR is using manipulative strategy to circumvent the flaw in their prime charge. If TB can prove that their charges, as offshoots of their prime charge which incidentally is flawed on fundamentals, then maybe the case can be thrown out as vexatious.






Clearly, they don't want TB to interrogate MG as a witness to the 'sale' of the booklet. TB would have grilled him and uncovered the traces back to MG's handler(s). These handlers then would have taken the rap.

Now, they will remain unknown/unseen/safe


Oh I'm sure application for MG to take the witness stand is still going ahead. I dont see why not.
He could be asked who is the third party who advised him not to comment among other things. Since CR is claiming that the sending of it breaches Part C, then without deception method of purchase , how can there be "sending"... err.. collection in this case.

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Re: TRIAL DATE McCanns v Bennett 9 & 10 May 2012

Post  aiyoyo on Mon Feb 27, 2012 3:35 pm

Spaniel wrote:
aiyoyo wrote:
@ TB
I can add one other matter, namely that the McCanns have withdrawn the claim that the sale of one book to Michael Gunnill breached Part A of my undertakings (not to sell or distribute '60 Reasons'). However, the act of sending this book to Michael Gunnill is still retained by the McCanns as alleged breach of undertaking No. 1 on a list of 25 alleged breaches of Part C.


Just as I thought that CR probably wont come out unscratched when MG takes the witness stand, so how come I am not surprised they withdrew their main claim. They have effectively contradict themselves - how can the act of sending the booklet constitute a breach when the sale of it isn't? I know they are now not saying that it isn't a breach of Part A, just that they are not pursuing it anymore in view of the development not to their favour. So that being the case, no sale = no sending. Furthermore, in this instance it wasn't even a sending per se; rather it was a courier company despatched by MG or third party who came to collect from TB's doorstep.
I hope TB can find out who dispatched the courier company to pick up from him, who foot the bill for that?

Not sure how that is going to play out in Court, but surely this case hinges on CR being able to prove their no. 1 charge on their list is a breach.

CR is using manipulative strategy to circumvent the flaw in their prime charge. If TB can prove that their charges, as offshoots of their prime charge which incidentally is flawed on fundamentals, then maybe the case can be thrown out as vexatious.




Not as I understood it. Tony sent the booklet to MG by post. The courier was despatched to MG's home to collect it and deliver same to wherever MG had arranged.


Oh OK, so I got that bit wrong. Nonetheless I am still of the opinion the sudden withdrawal made by CR of Breach of Part A, as a consequence of development of the process will make a significant negative impact for CR with the Judge. I don't think the Judge will be amazed to see underhanded tactics being used here. Either the sale is a breach or it isn't, the secondary action of posting it that comes with the sale is a secondary issue, so if the primary issue is not a breach, how can the secondary issue be a breach?

The sneaky reason behind CR's decision to drop that "prime"charge is not going to go unnoticed by the wise Judge.


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