Re: DISCUSSION of Tony Bennett's Settlement with McCanns and Smethurst

by **sharonl** 03.05.13 12:06

Nina wrote:Is there to be a fund set up for those who can and want to, to donate towards Tony's monthly payments, now we know what the monthly/annual figure is?

C.O.L.D. was set up by me and others in February 2012 in recognition of the obstacles faced by ordinary people whose facts and opinions are suppressed by rich people who can afford to engage lawyers like Carter-Ruck and Adrienne Page Q.C. when they, the defendants, cannot hope to match them.

It was always our intention to help Tony Bennett and his family with any costs arising out of McCanns v Bennett. Now that we know what Tony has to pay, our priority will be to use any funds donated to C.O.L.D. to help compensate him and his family for their financial losses.

Tony, by the way, has no connection with C.O.L.D. He has however asked me to thank most warmly those who have kindly already made donations to C.O.L.D.

C.O.L.D. is a membership organisation which anyone can join. Below is a copy of our constitution. There are full details on our website:

http://www.cold2012.org.uk/Home.html

and there is a ‘Donate’ button for anyone who would like to make a contribution.

I hope to make a fuller statement about C.O.L.D. tonight.

The
Campaign for Oppressed Libel
Defendants

(hereinafter ‘COLD’)

(D R A F T) C O N S T I T U T I O N – ADOPTED 2 FEBRUARY 2012

Name

1. COLD shall be an unincorporated association.

Aims and Objects

2. The aims and objects of COLD shall be:
a) generally to defend and promote the right to free speech (save for free speech which incites violent or racial or religious or other hatred),
b) to change the law to ensure that defendants in libel and other defamation proceedings are able to secure fair representation to defend their statements against proceedings brought by well-off libel claimants, and
c) to raise funds to assist defendants in libel and other defamation proceedings where defendants are otherwise unable to secure adequate legal representation.

Co-operation with others

3. To co-operate with all other organisations, groups and individuals who are also working towards the reform of the libel laws of the United Kingdom.

Powers

4. COLD shall for the purpose of advancing its aims and objects have all such powers as its Board of Directors or its General Meetings shall from time to time decide. See also Paragraph 16.

Membership

5. (a) Membership shall be open to all those aged 16 or over who support the aims and objects of COLD as set out in Paragraph 2 above.
(b) Membership shall be open to anyone in the world wherever they live.

Power to refuse or terminate membership

6. The Board of Directors shall have power to decline membership to an individual without giving a reason, and shall have the power to withdraw a person’s membership for conduct which brings or tends to bring COLD into disrepute. A person whose membership is withdrawn shall have the right of appeal to the Board of Directors.

Membership fees

7. (a) The initial membership fee shall be £____ , which shall entitle the member to membership of COLD until further notice.
(b) Membership fees shall be determined from time to time by the Board of Directors.

8. The Board of Directors reserves the right, however, to call on members for further membership fees should that prove necessary.

The Board of Directors

9. The members shall at their first meeting elect a Board of Directors of at least two and no more than four members to COLD.

10. At each Annual General Meeting, a Board of Directors of up to four members shall be elected. Postal or e-mail voting will be accepted in the case of those who for whatever reason who are unable to attend the Annual General Meeting.

11. The Board of Directors shall have the power to co-opt up to two additional members of the board, with full voting powers, whose terms of office will last until the next Annual General Meeting.

12. The Board of Directors shall appoint from within their number the following officers:

a) Chairman
b) Secretary
c) Treasurer

13. The Board of Directors shall have the following powers:

a) to replace any officer or member of the Board of Directors if the post or position becomes vacant for whatever reason
b) to dismiss an officer or member of the Board of Directors for conduct which brings or tends to bring COLD into disrepute
c) to co-opt up to two additional members to the Board, with full voting powers, whose terms of office will last until the next Annual General Meeting.

14. The quorum for the Board of Directors shall be two members.

15. Decisions of the Board of Directors will be by majority vote, with the Chairman, or acting Chairman, of the Board having a casting vote, which s/he must exercise in favour of the status quo where applicable.

16. The Board of Directors shall have the power to pay expenses, employ staff, open bank or building society accounts, buy or rent accommodation, appoint trustees and form sub-committees.

Annual and Special General Meetings

17. (a) the first Annual General Meeting shall be held on or before 31 March 2013
(b) Annual General Meetings shall be held annually thereafter.
(c) the date of the Annual General Meeting shall be decided by the Board of Directors
(d) the Secretary of the Board shall give all members at least 21 days’ notice of the time and place of the Annual General Meeting.

18. Any member may move any resolution at the Annual or at a Special General Meeting. Priority shall be given to those who submit resolutions at least 21 days in advance of an Annual or Special General Meeting.

19. The Chairman, Secretary and Treasurer shall present reports at the Annual General Meeting.

20. One tenth of the membership, or the Board of Directors, may requisition a Special General Meeting, giving the reason they wish to hold such a meeting, again giving 21 days’ notice (in the case of one tenth of the membership, such notice to be given to the Secretary).

21. All decisions at General Meetings, including any motion to amend this Constitution, shall be by simple majority vote, with the Chairman or acting Chairman of the Meeting having a casting vote which s/he must exercise in favour of the status quo where appropriate.

Dissolution

22. COLD may only be dissolved following the proper calling of a Special General Meeting for that purpose.

23. Should COLD be dissolved for whatever reason, the Board of Directors shall pay any remaining funds into any other organisation which is actively and successfully working for the better care of children by their parents.

This Constitution was adopted on 2 February 2012

by **tigger** 03.05.13 12:30

Finn wrote:I think from the start the silence was more important than the money.

But it's really just papering over the cracks.

They didn't search for Madeleine because they knew all along where she was imo.

And 6 years on they're doing the same thing, working really hard not searching for Madeleine.

Silence must be golden, it costs a lot of bucks.

You got it!
The settlement is not too much and not too little - just about respectable for TM. It's an own goal for the McCanns whichever way you look at it. If Tony had settled before the trial, the terms might have been worse.
This way there was legitimate publicity of the court case and a settlement which is allowed to be in the public domain.

by Nina 03.05.13 13:22

Thank you Sharon. I know about C.O.L.D , just wondered if now we know the costs if there was an updated site,

by aiyoyo 03.05.13 18:09

sorry, wrong thread.

by Guest 03.05.13 18:13

aiyoyo wrote:AGAIN! Completely barmy!

***
Qué?

by aiyoyo 03.05.13 18:25

Châtelaine wrote:
aiyoyo wrote:
***
Qué?

Mon Dieu, pardon. I've posted in the wrong thread so have deleted it now. Sorry!
It was supposed to go into the thread where Muratfan lied about the figure.

by Guest 03.05.13 18:31

We all get lost sometimes ... it is so complicated ...

by loopzdaloop 04.05.13 11:20

I think the decision not to vary the undertakings is a mistake.
Mr Bennett knew the decision re contempt wasn't going to go his way, however the libel trial would have been a different matter. This is evidenced by the Mccanns being 'willing' to drop the costs by so much, because they knew that things were not going to go their way.

To pay the money into the fund also makes me feel sick.

I wish you the best with your future endeavours Mr Bennett, I would encourage you to write your side of the story and your memoirs surrounding this and your interesting life re the other 'causes' kept safe somewhere for release once the wheels come off the Mccanns wagon. I have confidence that scotland yard will do their utmost. The mccanns need to worry also as the police are not afraid of arresting the well connected anymore.

I will also say despite the settlement you can rest easy that you were on the side of truth.
I enjoyed your writings, if another anonymous person with an untraceable Internet pseudonym appears on fora or writing blogs (utilising one of the many free IP rerouter/anonymisers) with a similar perspective to yourself' that would be great and we wouldn't think any less of that person for being just another anonymous Internet person writing -> new

by sheila.edwards 10.05.13 9:04

agree no one hates them.they created sensationalism around child missing involved us and initially sympathised and upset for them all. it started with them lying and then finding out left 3 children then family fund etc etc and their attitudes lot of people then only sympathised with child! from what I can see. All this there is good people in the world (who agree with us etc) seems delusional.

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