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ANOTHER £55.000! Libel award for the McCanns against the Sunday Times over - yes - those SMITHMAN e-fits again  - Page 2 Mm11

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The Complete Mystery of Madeleine McCann™
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ANOTHER £55.000! Libel award for the McCanns against the Sunday Times over - yes - those SMITHMAN e-fits again  - Page 2 Mm11

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ANOTHER £55.000! Libel award for the McCanns against the Sunday Times over - yes - those SMITHMAN e-fits again

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Post by j.rob 03.10.14 18:55

I have always found Kate's desire to 'morph' Tanner-man into Smithman and pretend that Smithman is the man that Jane Tanner saw at 9.15 ludicrous, as Gerry might say. 

And Kate is obliged to write in her book: "Although the police appear to have considered these sightings to be unrelated on the basis of the forty-five minute gap between them, the similarities speak for themselves."

But they don't, imo. Jane Tanner's Tanner-man had very dark hair. And it is not cut short at the back but comes right down to the collar-level. It is not a close-cut hair style. There is something 'swarthy' in the appearance. More the appearance of someone from Southern Europe, perhaps. And he is holding the child in a very odd way. A way that is not natural to carry a sleeping child of 3/4. And would be quite difficult to achieve as the head would flop right back. And the adult's arms would get very tired quickly. Plus I just think the child would wake up. 

However it is the way that you sometimes see children who have been killed in war zones, for instance, being carried by anguished or grieving relatives in news reports, (something that I know has been discussed elsewhere). (Was this Jane Tanner and TM 'brain leak' I wonder? A bit like Matt Oldfield flagging up the irony of searching on 'Cemetary Road' on the night that Madeleine had supposedly been abducted or Russell flagging up how a child is more likely to be clobbered by a relative than a complete stranger. So much brain-leak, imo.)

In Kate's book only the artist's impression of Tanner-man is shown. Not the Smith-man artist impression. A glaring omission, one might say.

Whereas the artist impressions of Smithman appear to show a man with more closely-cut brown hair, not jet black hair. He appears to have green eyes - a colour more compatible with someone of a lighter complexion and lighter hair. The description is 'short brown' hair. And he is carrying the child in a different way. More like you would expect an adult to carry a sleeping child. 

Yet Kate records in her book that Smith-man 'did not carry child in a comfortable way.' But surely that is the wrong way round? It is Tanner-man who is not carrying the child in a comfortable way surely? If Smith-man is carrying the child in the way that Gerry carried Sean off the plane, then that would be the comfortable way to carry a sleeping child. (Although Sean does look in an incredibly deep sleep - but perhaps that is what the Smiths observed that evening - a child looking to be in a very deep sleep.)

If the Smithman description is, indeed, of a man who looks a lot like Gerry McCann then there is no way that Gerry looks like 'Tanner-man'. The hair is wrong, for a start. 

It seems to me that TM really messed up big time with 'Tanner-man'. It must have been done in a complete panic, imo, otherwise they surely would not have had him carrying the child in such an uncomfortable way? And such a peculiar way.
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Post by j.rob 03.10.14 19:07

And how very peculiar that Mr Smith specifically flags up that it was the way that Gerry was carrying Sean that made him think that the man he saw that night was Gerry?
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Post by Brian Griffin 03.10.14 19:09

Agree. Your arms would tire quickly bearing all that weight and the child's head would be unsupported. You just wouldn't carry a child that way unless you were a complete berk!

In my opinion.

Edit - the above refers to tannerman at the bottom of the post above this one.

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Post by Brian Griffin 03.10.14 19:24

noddy100 wrote:I wonder if the McCanns themselves donated the 55k to charity or
if the Times suggested it and paid it direct by way of apology
I might get Sky-Newsed for this but the darker side of my personality can imagine the following snippet of conversation chez McCann:

Kate: Ah, Gerry, can't we just keep the fifty-five grand? I wanna swimmin' pewl, a conservatory and a lorra pairs of Jimmy Choos.
Gerry: No, sorry, Poppet, not this time. It'll jast make us luke bad in tha press.

The above is intended merely as parody and not to be taken too seriously.

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Post by Casey5 03.10.14 19:42

So I wonder why The Times didn't just print the exact timeline - that, in fact, the McCanns did keep quiet about the efits from the time they became aware of them and legally prevented the PI's from disclosing the information until they were first given to the police.
The McCanns would have been unable to Carter Ruck them surely.
Have the newspapers got no legal beagles on their staff?
If Carter Ruck could spot the loophole then why couldn't the legal team at The Times?
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Post by noddy100 03.10.14 20:05

Casey5 wrote:So I wonder why The Times didn't just print the exact timeline - that, in fact, the McCanns did keep quiet about the efits from the time they became aware of them and legally prevented the PI's from disclosing the information until they were first given to the police.
The McCanns would have been unable to Carter Ruck them surely.
Have the newspapers got no legal beagles on their staff?
If Carter Ruck could spot the loophole then why couldn't the legal team at The Times?
I agree I can't believe that given the basic content was factual the Times couldn't get round it
KM even referenced this sighting in her book but unlike the other sightings she didn''t inc a picture
Surely that would have indicated some kind of furtive behaviour.
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Post by tiny 03.10.14 20:11

Madeleine has sure earnt the mccanns a lot of money,and i cant wait for the twins to read the pj files,i wonder how the mccanns are going to explain
all that's in them away.
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Post by Tony Bennett 03.10.14 20:22

j.rob wrote:I have always found Kate's desire to 'morph' Tanner-man into Smithman and pretend that Smithman is the man that Jane Tanner saw at 9.15 ludicrous, as Gerry might say. 

REPLY: It may simply have been seen by the McCann Team at the time as the best way of reinforcing the abduction story  

And Kate is obliged to write in her book: "Although the police appear to have considered these sightings to be unrelated on the basis of the forty-five minute gap between them, the similarities speak for themselves."

But they don't, imo. Jane Tanner's Tanner-man had very dark hair. And it is not cut short at the back but comes right down to the collar-level. It is not a close-cut hair style.

REPLY: I concede the point about both the hair colour and the hair length, as indeed - to be fair - so does Kate McCann in her book.

However, the 17 striking similarities still remain (as discussed on the 'SMITHMAN 2' thread), here they are again (slightly different from my OP on that thread):

One of the strangest aspects of the ‘Smithman’ sighting is how remarkably similar it was to the details given by Jane Tanner of the man she said she saw. Here are the 17 similarities:

   
1. An unaccompanied male
2. Carrying a child and having no buggy or push-chair
3. The child was a girl
4. The child was barefoot
5. The child was wearing light-coloured/pink pyjamas
6. She looked about four years old
7. She was being held on the man’s left side
8. She didn’t have a blanket or other covering
9. The man ‘did not look like a tourist’ (whatever that may mean)
10. He was wearing a dark jacket
11. He was wearing light-coloured trousers.
12. He was both about 1.75m to 1.8m tall (5’ 9” – 5’ 10”)
13. He was aged 25-40
14. He was of average build
15. He was walking ‘purposefully’/quite fast

16. Each was spotted within 600 yards of each other
17. In neither case could the man’s face be seen properly (despite claims that the 
Smiths drew up the two e-fits, which I think are false).

As far as I can see, these remarkable similarities leave us with three basic possibilities

a)   It was the same man wandering around Praia da Luz for 45 minutes carrying a 4-year-old dressed only in pyjamas on a cold night

b)  Two different unaccompanied men without a buggy or pushchair, who looked near identical, were both carrying a child of about four years of age around dressed only in pyjamas, or

c)  The Smiths saw no-one, but invented their sighting with the deliberate intention of copying the details of the ‘Tannerman’ sighting, possibly (as we saw above) with the intention of giving extra credibility to the sighting of Jane Tanner, but at the same time emphasising that the man was not Robert Murat.       

However it is the way that you sometimes see children who have been killed in war zones, for instance, being carried by anguished or grieving relatives in news reports, (something that I know has been discussed elsewhere). (Was this Jane Tanner and TM 'brain leak' I wonder? A bit like Matt Oldfield flagging up the irony of searching on 'Cemetary Road' on the night that Madeleine had supposedly been abducted or Russell flagging up how a child is more likely to be clobbered by a relative than a complete stranger. So much brain-leak, imo.)

REPLY: Possibly. In my time I've had to carry children who have gone to sleep some distance, and in doing so I used to alternate betwen the two posiitons (child on shoulder, child on open oustretched arms), because each is awkward in its own different way
 
In Kate's book only the artist's impression of Tanner-man is shown. Not the Smith-man artist impression. A glaring omission, one might say.

REPLY: Yes. Though the link between Tannerman and Smithman was made back in 2009, and continued on their website ever since and then given six pages of coverage in Kate's book, as you say the e-fits were never used. I suggest that these e-fits may have been deliberately held in reserve until an opportunity arose to use them. If you believe DCI Redwood is an honest, upright detective, then he and the McCann Team could only use the so-called 'Smithman' e-fits when 'Mr Crecheman' stepped forward.

I don't think 'Mr Crecheman' ever existed. So how to explain Redwood not using these e-fits for a further 2 years and 2 months? (August 2011 to October 2013). My theory is that he and those around him weren't bright enough to invent Crecheman any earlier. Alternatively, they did all think of that ruse much earlier, but maybe hesitated because they weren't 100% sure that they could get away with it.
     
Yet Kate records in her book that Smith-man 'did not carry child in a comfortable way.' But surely that is the wrong way round? It is Tanner-man who is not carrying the child in a comfortable way surely? If Smith-man is carrying the child in the way that Gerry carried Sean off the plane, then that would be the comfortable way to carry a sleeping child.

REPLY: This comes ONLY from Martin Smith's statememt, where he says:

"The child’s head lay on the man’s left shoulder; he did not appear to be comfortable holding her".


The other two Smith's statements did not make the same observation.

Kate Mcann seems to have embellished Martin Smith's statement.

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Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"

Amelie McCann (aged 2): "Maddie's jammies!".  

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Post by Praiaaa 04.10.14 14:52

I heard the whining GM interview yesterday on the radio  they really should out a warning out so we can switch off in time.
A couple of things were interesting - John Humphries did make Gerry look a bit of an idiot over his claims about the press poodle.
And GM did actually make an interesting point - the payout was peanuts compared to what the ST makes in advertising etc.
So... given that ST lawyers would be all over any story in advance, maybe they knew it was dodgy but went for it anyway to draw out the Mcs and the derisory payout would be just peanuts anyway, but would get the story out there.
Also, if they payment was so little compared to the ST revenues, they must have been advised by their lawyers it was all they could reasonably get it if went to court - ie the judge would also see it as a slap on the wrist rather than serious damage caused.
The fact that it went to charidee rather than the Fund is also interesting - maybe they are damage limiting on the Fund.
IMO - its the Fund that will be their downfall.
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Post by Brian Griffin 04.10.14 17:44

Is there a link to the radio interview?

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Post by jeanmonroe 04.10.14 19:05

Brian Griffin wrote:Is there a link to the radio interview?

Yes Sireee!

http://www.bbc.co.uk/programmes/b04jm9mv

1hr 36 mins 'in'.
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Post by frost 04.10.14 21:11

There are a few folk tweeting that the 55k has gone to missing people though I have not seen actual  independant verification of this it would not suprise me in the slightest.
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Post by sallypelt 04.10.14 22:12

According to Gerry McCann :

"He said the family would probably not have been able to bring the challenge if lawyers had not been willing to act on a no-win, no-fee basis".

Where is Brian Kennedy when he's needed?


http://www.talktalk.co.uk/news/technology/article/madeleine-father-in-web-trolls-plea/145239/
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Post by sami 04.10.14 22:17

frost wrote:There are a few folk tweeting that the 55k has gone to missing people though I have not seen actual  independant verification of this it would not suprise me in the slightest.


The Guardian reported yesterday:-

"Carter-Ruck agreed to act on a no-win, no-fee basis, a system threatened by proposed changes to the law. The £55,000 is to be donated to two charities for missing people and sick children."
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Post by Brian Griffin 04.10.14 22:17

jeanmonroe wrote:
Brian Griffin wrote:Is there a link to the radio interview?

Yes Sireee!

http://www.bbc.co.uk/programmes/b04jm9mv

1hr 36 mins 'in'.
Ta!

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Post by Guest 04.10.14 22:20

sallypelt wrote:According to Gerry McCann :

"He said the family would probably not have been able to bring the challenge if lawyers had not been willing to act on a no-win, no-fee basis".

Where is Brian Kennedy when he's needed?


http://www.talktalk.co.uk/news/technology/article/madeleine-father-in-web-trolls-plea/145239/
Does that suggest there is no money left in the fund,damn and blast Amaral for not giving in,all IMO.
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Post by TMH 04.10.14 22:59

Surely the whole £55K hasn't gone to charity as Carter Ruck would have to take out their winning fee first? I wonder how much their fee was from the £55K?
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Post by Enid O'Dowd 05.10.14 0:03

Normally the arrangement would be a sum of damages agreed plus legal costs. Its unlikely therefore Carter-Rucks fees would come out of the £55,000.  I hope that we will be told specifically which charities will benefit (presumably one will be Missing People). I would like to see the charities themselves confirm that they received the money but I suspect I'm being unrealistic here!

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Post by aiyoyo 05.10.14 2:40

I'd suppose the Times would have given instruction to make out cheques to the named charities and hand them over to CR. That must be the procedures.  Otherwise what's there to stop The Times checking with the named charities, and should their claim proven to be false, to expose them.


I am surprised the Times were not obliged to make a public apology, or we will be told what the contentious issue was.  Me thinks the Times was gotten at over a very small technical error, and by not obliging the Times to make a public apology, it leaves it open for them to spin this to fit their agenda.  They need not say which bit the Times got wrong, just that the Times wronged them.
Very shrewd move by them as usual.  
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Post by Jauna Loca 05.10.14 11:32

By my understanding, The Times did issue an apology where it stood over all its facts except the length of time the Smithman efits
remained suppressed. The tenet of this writ seens to be that the couple were not afforded the right tp reply and put their side of
the story forward, and in that wasy The Times could be deemed legally remiss. Despite the Libel appelation it would seem that the
payout here is not to do with the facts of the story which remained intact after the measly "apology". McCanns were then forced into
heavy duty spin re lack of funds to follow two leads and supressing report as "distracting", which IMO did not help their case.
Similarly, it suits TM to stand on the court steps bellowing that Dr. Amaral is subject of a libel trial implying that the content of his book is untrue
and therefore open to challenge. It speaks volumes to note that inside thaee court not one of Amaral's theories has been challenged.
Instead the brunt of the gripe is how bad it makes the couple feel.
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Post by j.rob 05.10.14 11:49

Praiaaa wrote:I heard the whining GM interview yesterday on the radio  they really should out a warning out so we can switch off in time.
A couple of things were interesting - John Humphries did make Gerry look a bit of an idiot over his claims about the press poodle.
And GM did actually make an interesting point - the payout was peanuts compared to what the ST makes in advertising etc.
So... given that ST lawyers would be all over any story in advance, maybe they knew it was dodgy but went for it anyway to draw out the Mcs and the derisory payout would be just peanuts anyway, but would get the story out there.
Also, if they payment was so little compared to the ST revenues, they must have been advised by their lawyers it was all they could reasonably get it if went to court - ie the judge would also see it as a slap on the wrist rather than serious damage caused.
The fact that it went to charidee rather than the Fund is also interesting - maybe they are damage limiting on the Fund.
IMO - its the Fund that will be their downfall.

Interesting points. Are the press wanting to hang them out to dry? They have had a damn good run, imo. Much longer than one might have expected given the weaknesses in their story and their subsequent behaviour. Also of note, perhaps, is that there appears to be very little talk of 'searching for Madeleine'. I really think the general public have little or no interest in that aspect of the story any more. As the Mc story is not really that credible for many people, why would there be any real motivation of interest to help 'find' a child that, imo, many believe cannot and will not ever be found. Certainly not alive and very probably not dead either. Sadly.

I think the way the MCs have been prepared to drag the twins into the fiasco - for instance KM whingeing about having to arrange childcare when the pair elected to travel to Portugal after they elected to sue Detective Amaral for libel - has been disastrous PR for them. They appear to have so little grip on reality, imo, that they cannot even see the irony behind that statement - broadcast for the general public to hear. 

HOWEVER I do believe that the general public might be very interested in other aspects of the story. And the press, imo (and I think this is partly just human nature) love to put people on a pedestal (especially if they love the attention as the Mcs did, imo) and then watch with a certain smug satisfaction as they inevitably come tumbling down at some stage. Or maybe get knocked off. Or a combination of both.

I suppose there would/will be a certain satisfaction in seeing the gruesome twosome squirm (and I agree that The Fund might be the achilles heel - and the sniffer dog evidence is compelling in this respect). But I do feel sorry for their other children who the Mc, imo, failed to protect from this hideous legacy.

It would actually be lovely to be wrong and find that Madeleine was alive and well and being looked after by caring adults somewhere. But I believe that - despite or perhaps because of what the Mcs have said - to be about as likely as seeing  the proverbial flying pigs overhead.
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