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MCCANNS v BENNETT - The committal to prison trial will take place for 1 or 2 days, sometime in April or later - Page 2 Mm11

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Post by Mgunnill on 23.01.12 18:03

Jean wrote:MCCANNS v BENNETT - The committal to prison trial will take place for 1 or 2 days, sometime in April or later - Page 2 977352 Mike Gunnill! I'm sure we're all underwhelmed that you've joined us again.


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Post by jay2001 on 23.01.12 18:04

Hello everyone this is my first post on here, but I also belong to MM and MCF. I read here daily and was absolutely disgusted today by Tony Bennett's impending imprisonment. Please God it won't come to that and I saw that Tony said he'd offered a settlement. I couldn't blame him because he should not be in this situation and I don't believe in British justice.

If free speech is no longer allowed in this country we might as well all pack up. I long for the day when someone, somewhere can no longer keep quiet about the truth and tells all. As Dr Amaral says it's too big for all of those in the know to keep secret (or words to that effect).

Mrs M told Aled Jones that she could forgive the 'abductor', but she and the team have pursued TB and GA with ruthless zeal. Their lawyers are greatly feared, but maybe this is one case that will undo their reputation. Their pr guru has his hands full at the moment with the tragedy of the cruise ship.

Perhaps the Express would publicise the current situation with Tony because I'm sure people would question why. Real thugs and criminals need to be jailed not people who only question the tuth of the lie.
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Post by Guest on 23.01.12 18:09

hi and welcome to our two new members
T4two, and jay2001

Good to see you here thumbsup
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Post by aiyoyo on 23.01.12 18:13

@Kololi wrote:
@aiyoyo wrote:Whatever be the reason for mccanns postponement of their case against TB to coincide with the date of their case against Amaral, there is a good reason behind it. And I suspect it is not a coincidence but a manipulation on team mccanns' part to have it postponed to until their case against Amaral is heard.

IMPO, they are afraid of the verdict of their case against Amaral. A ruling against them will have a very significant impact on their litigations against TB. A verdict in Amaral's favour means TB can cite the ruling to his advantage.
No sane UK judge will disregard another court's ruling completely. even if it is the ruling of a foreign country jurisdictions because all jurisdictions are based on principles of justice and truth.

This Chinese New year (lunar calender) sees us into into the year of the black water dragon. This water dragon year will be a very auspicious and good year for Amaral, being born in year of the boar. This water dragon is very good for birth sign of rooster and boar.

Kate and gerry are both born in the year of the monkey. Although rat, monkey and dragon are allies hence compatible, the feng shui in this water dragon year still favours the boar more than monkey. So this year's feng shui is more in Amaral's favour than the mccanns.
The mccanns have to watch what they say this year and can expect to lose their money this year from what I read of feng shui so far.




If I have read it right, it is Mr Bennett who is likely to ask for the schedule to be altered so that he has time to prepare his defence. That reads to me as if he may ask for a longer time so it's not them asking - or have I missunderstood totally?



[quote]The McCanns asked for the date of 8 February to be used for a Directions/Procedure hearing called a ‘Case Management Hearing[/b]’, to which I agreed as I need a lot more time to prepare my defence.

Mr James Tipp, Deputy Court Manager and Court Co-ordinator, has agreed and in an e-mail to Carter-Ruck also dated 13 January, he wrote:

“[b]The committal hearing on the 8th February 2012 will now be listed for a two hour directions hearing as requested [by Carter-Ruck]”.
[/quote]

I see that another poster had answered your question.
But here it is again - it was the mccanns who had asked, with the concurrence of their lawyer CR, that the original trial date of 8 Feb be used as case management hearing instead. We are talking about a devious pair who have devious reasons behind every of their action. So there must be a strategy to the postponement as the mccanns are infamous for doing things with agenda.
Imagine if they were to penalise TB by a further injunction plus a fine, or curbing his free speech totally, or even committing him to prison only to discover that their case against Amaral has resulted in failure for them, then can anyone imagine the repercussions for them?

Anyhow in the event of an adverse verdict to TB there are always appeal avenues. I believe the verdict Amaral's trial will have a hugh impact on the verdict of TB's case, assuming the Amaral's case were to proceed before TB and a ruling begotten before hearing of TB's case,
I suspect the mccanns will delay TB's case until Amaral's case is over whereupon they will know how they stand.

IF they lost to Amaral - which I'm considerably confident they will as I cant see how ID can argue for a permanent ban on Amaral's book when the temporary ban is already lifted - then how can the mccanns argue their case against TB based on the same principles?
. It is a breach against TB's right to freedom of free speech. Besides GM himself claimed he believes in free speech and people are free to purport theories.

As it is, deceiving the public by lying and hiding their crime against Maddie will be badly viewed (an understatement) when they are eventually caught out. Hence,their prosecution, leading to punishment or imprisonment, of an innocent man, just for the sake of keeping up their lies for their self preservations would be beyond forgiveable in the public eyes.
If it comes to that,they will go down in history as the most deceitful and evil pair of doctors. Even if they were to sell all their assets it will be inadequate to compensate TB for all the damages and harms they inflicted on him and by extension on his family. Even if the mccanns were committed to prison it will not make up for what they did to TB.

Their deliberate and premeditated malicious acts against TB will compound their criminality deeds which will be seen in worst light than the accidental crimes they tried to hide, because their acts against TB tantamount to willful act of hurting an innocent man even after the fact.

I suspect the mccanns are treading very carefully around TB. They want to threaten him, to silent him, but at the same time they'd to bear in mind the repercussions for them in the eventuality of charges against them.
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Post by ufercoffy on 23.01.12 18:14

@jay2001 wrote:Perhaps the Express would publicise the current situation with Tony because I'm sure people would question why. Real thugs and criminals need to be jailed not people who only question the tuth of the lie.

Hi Jay and welcome.

Mike Gunnill who posted above is a freelance journalist for the Express and his role was to entrap Tony Bennett for Carter Ruck using a variety of false names. Not much chance of the Express running with this story.

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Post by jay2001 on 23.01.12 18:19

Thanks Candyfloss! There is a wealth of info on this site and it's a shame that a lot of this isn't in the mainstream press. People would have a shock. The fact that the lawyers read here is illuminating. They have to be one step ahead and it must be tiring. I know there are some 'ludicrous' theories on the net but sometimes I think some posters get very close to the truth.

Tony appealed for 'legal' type help and I hope that he gets it - there must be some brains out there who could help. I live in hope for justice and that the truth will one day emerge.
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Post by Guest on 23.01.12 18:20

@Nina wrote:
@pauline wrote:I think it is very important that tony has legal representation but I understand it will be expensive.

So I suggest Tony puts up bank account details so that those of us who can make a donation to his costs do so. This is one positive thing we can all do; some may find £5 a struggle, others may be able to donate much more.

Please don't settle out of court. That is what they want.

Pauline I agree, just what level of people are they?

I'll be glad to help too if push comes to shove.
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Post by Smokeandmirrors on 23.01.12 18:33

@Mgunnill wrote:
Jean wrote:MCCANNS v BENNETT - The committal to prison trial will take place for 1 or 2 days, sometime in April or later - Page 2 977352 Mike Gunnill! I'm sure we're all underwhelmed that you've joined us again.


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Post by jay2001 on 23.01.12 18:45

Hi uffercoffy and thanks for the welcome! Maybe one of Mr Gunnill's colleagues might grow a spine and print some truths or maybe just post an animated side splitting emoticon. I love a good laff, but this is beyond joking now if prison is threatened.

I'm sure a couple of years ago there was a 'journalist' possibly James Murray of the Express who interviewed TB but can't remember any details. And the way TB has been portrayed in the media anyway has been twisted (BBC2 East Mids programme for instance) so we have to rely on the net and hope more and more people start checking the sites searching for the truth.
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Post by Tony Bennett on 23.01.12 19:18

Thanks all of you for your kind comments, here are the main points asking for a response and here are my replies:

David_uk wrote: Endlessly facinating yet disturbing! this whole affair. Mr Bennett, please may I ask if you have considered inviting the press to comment, take an interest or attend the court hearing?

REPLY: No. But one of our supporters, who I think doesn't post here, did (entirely on his own initiative) contact a legal journalist from one of the main TV media, who replied straightaway: "Yes, I'm happy to do what I can on this story. Do keep me in the picture as the hearing date approaches".

If I may make a comment on the media, I think they are unlikely to report on this case at all unless there is a very unusual outcome. The media wil ldecide for themselves whether this case is of sufficient interest to cover at all.

aiyoyo wrote:

IMHO, they are afraid of the verdict of their case against Amaral. A ruling against them will have a very significant impact on their litigations against TB. A verdict in Amaral's favour means TB can cite the ruling to his advantage. No sane UK judge will disregard another court's ruling completely, even if it is the ruling of a foreign country jurisdiction - because all jurisdictions are based on principles of justice and truth.

REPLY: Actually, I have made this very point in correspondence with Carter-Ruck. Clearly it would be a legal nonsense now if Goncalo Amaral's book and documentary can be freely sold, read and discussed in one country covered by the European Convention on Human Rights (both Portugal and the U.K. are), yet people in another country are not allowed to see and discuss what he has written.

Indeed, on this basis I can disclose that I asked the McCanns for the final trial of the action in my case to be postponed until after the final trial on the McCanns -v- Amaral and TVi and Guerra e Paz matter. This met with a dusty answer from Carter-Ruck. They declned to agree to postpone my trial until after the Amaral trial, stating:

"The Portuguese libel proceedings agaisnt Mr Amaral have no bearing on this case. You appear to be labouring under the misapprehension that because both the U.K. and Portugal are signatories of the European Convention on Human Rights, this means thatt he courts of England and wales are bound by Portuguese judgments in which the Convention has been considered. This is simply incorrect. Portuguese Court decisions provide neither binding nor even persuasive authorty in the English courts..."

Actually, that is rather a different point from the one I was making, namely that a U.K. court would be bound to consider a decision in the final trial of the McCanns' action against Amaral that his book was not libellous.

In fact, it was the decision of the Portuguese court in Lisbon to accede to the McCanns' request for an injunction on his book and on the documentary that was certainly a factor in the decision I had to take a few weeks later to concede to the McCanns' demands. I do believe that the lanscape chnaged after Amaral's October 2010 victory in the Portuguese Appeal Court, when the court lifted the ban on his book.

Miraflores wrote: I'd be interested to see if the UK press reports this. Assuming that it does get reported, however hard they spin it in the McCanns favour (which they will), there are bound to be people asking just why the McCanns are doing this and how it helps them find their daughter.

REPLY: This is actually explained by the McCanns in the Affidavit of Isabel Hudson in support of the contempt application. She explains: "On 8 June 2011 we received a lengthy letter from the Defendant, responding to our letter to the ISP of 'mccannexposure', which had apparently been passed to him...While the Claimants remained loath top dignify the Defendant's activities, the Defendant's response made clear that unless further action was taken against him, he was likely to libel the Claimants further and to continue to breach the undertakings he had given...the Claimants were especially concerned about the effect that this conduct may have on the ongoing search for their daughter" [Hudson Affidavit, paragraphs 56 and 57].

Miraflores wrote: I imagine that the McCanns are hoping that Tony will throw in the towel and be an easy victory for them.

REPLY: It is really too late now to 'throw in the towel'. I am compelled by the High Court to account for my actions and will endeavour to give full and careful reasons for my actions and my publications both in my Witness Statement and in open court.

Kololi wrote: If I have read it right, it is Mr Bennett who is likely to ask for the schedule to be altered so that he has time to prepare his defence. That reads to me as if he may ask for a longer time so it's not them asking - or have I misunderstood totally?

REPLY: The McCanns were given a date of 8 February for the full trial, but asked to change that into a Case Management Hearing, citing as their reason: 'To give Mr Bennett more time to prepare his defence'. When they wrote to me last week proposing a date of 22 February for me to submit my evidence, I decided to ask for more time and have now done so.


Pauline wrote: I think it is very important that tony has legal representation but I understand it will be expensive. So I suggest Tony puts up bank account details so that those of us who can make a donation to his costs do so. This is one positive thing we can all do; some may find £5 a struggle, others may be able to donate much more. Please don't settle out of court. That is what they want.

REPLY: I am not asking for donations. It would be nice to have had at least a contribution to my legal costs from the Legal Services Commission, but no. Besides anything else, if the judge thinks I have been in serious contempt of the court, i.e. that my conduct has been contumacious, and fines me a huge amount and adds on a huge amount for Carter-Ruck's costs, it will wipe out my savings anyway. I'm afraid that to fund a solicitor and barrister for this type of action, with the country's top lawyers charging several hundred pounds and hour and 2,000 pages of alleged libels and breaches of undertakings to go through, the astronomical costs are just too high. Of course it's unfair, and that's why my application in the European Court of Human Rights made in March 2010, under Articles 6(1) and 10 of the Convention, is now continuing [Application No. 20455/10].

Jay 2001 wrote: Mrs M told Aled Jones that she could forgive the 'abductor', but she and the team have pursued TB and GA with ruthless zeal.

REPLY: Forgiveness is of course a fundamental Christian principle. When Peter enquired: 'Lord, how oft shall my brother sin against me, and I forgive hm? Till seven times? - Christ answered: 'I say not unto thee until seven times, but, until seventy times seven'. [That's 490 by the way].

aiyoyo wrote: It is a breach against TB's right to freedom of free speech. Besides GM himself claimed he believes in free speech and people are free to purport theories.

REPLY: Dr Gerald McCann told Lord Leveson on oath that he was a strong believer in freedom of speech.

Jay2001 wrote: Tony appealed for 'legal' type help and I hope that he gets it - there must be some brains out there who could help

REPLY: You don't have to be a legal eagle to help look over my statement, just an eye for things I might have missed, or not put as well as I should
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Post by aiyoyo on 23.01.12 20:49

@Tony Bennett wrote:

REPLY: Actually, I have made this very point in correspondence with Carter-Ruck. Clearly it would be a legal nonsense now if Goncalo Amaral's book and documentary can be freely sold, read and discussed in one country covered by the European Convention on Human Rights (both Portugal and the U.K. are), yet people in another country are not allowed to see and discuss what he has written.

Indeed, on this basis I can disclose that I asked the McCanns for the final trial of the action in my case to be postponed until after the final trial on the McCanns -v- Amaral and TVi and Guerra e Paz matter. This met with a dusty answer from Carter-Ruck, namely:

"The Portuguese libel proceedings agaisnt Mr Amaral have no bearing on this case. You appear to be labouring under the misapprehension that because both the U.K. and Portugal are signatories of the European Convention on Human Rights, this means thatt he courts of England and wales are bound by Portuguese judgments in which the Convention has been considered. This is simply incorrect. Portuguese Court decisions provide neither binding nor even persuasive authorty in the English courts..."

You do realise the above paragraph-reply by CR is only their intimidating and arrogant way (predictably expected).
It tantamount at most to CR's opinion only, and has no bearing whatsoever on how the English Court will decide on your case.

CR and the mccanns are the ones under the misapprehension that the English Court will not be influenced by European Convention on Human Rights. They, stating that the Courts of England and Wales are not bound by another country's judgements is so insulting to people's intelligence. It goes with saying no country is bound by another country's judgements as one country's jurisdictions are independent of another, however, it would be naive to say that they will not acknowledge or recognize that such judgements had taken place. Even if English Court is not bound by foreign judgements, the judgements can have an influence on how they deliberate on similar-type case put in front of them as the plaintiffs in question are the same. In other words, no one can say for sure (not even CR) whether or not the English Court is going to be influenced by Portugal judgements. There is no reason why the English Court shouldnt or wouldnt take that (Portugal's judgements) into consideration if they deem that the reasons behind the judgements were sound and somewhat applicable and having relevance to the case they are tasked to deliberate upon.

Otherwise, it's akin to CR saying if the mccanns were found guilty of criminal acts in Portugal, the English Court is not bound to recognize that. And, say for example, if the the mccanns were to be tried for Fund Fraud arising out of their crimes in Portugal, just because other judgements were passed by another European country, does it mean the English Court is not bound to recognize that or be influenced by it-- that is utter rubbish.

Although Amaral and yourself are separate entities, the nature of mccanns charges are the same.
If it is not libelous for another person (a non English) to disseminate the process files and posit theory, why should it be libelous for an English person, having equal right under the European Human 'Rights Convention, to do so? It does not make sense at all!


+++++++++++++++++++++++++++++++++++

Actually, that is rather a different point from the one I was making, namely that a U.K. court would be bound to consider a decision in the final trial of the McCanns' action against Amaral that his book was not libellous.

In fact, it was the decision of the Portuguese court in Lisbon to accede to the McCanns' request for an injunction on his book and on the documentary that was certainly a factor in the decision I had to take a few weeks later to concede to the McCanns' demands. I do believe that the lanscape chnaged after Amaral's October 2010 victory in the Portuguese Appeal Court, when the court lifted the ban on his book.

Miraflores wrote: I'd be interested to see if the UK press reports this. Assuming that it does get reported, however hard they spin it in the McCanns favour (which they will), there are bound to be people asking just why the McCanns are doing this and how it helps them find their daughter.

REPLY: This is actually explained by the McCanns in the Affidavit of Isabel Hudson in support of the contempt application. She explains: "On 8 June 2011 we received a lengthy letter from the Defendant, responding to our letter to the ISP of 'mccannexposure', which had apparently been passed to him...While the Claimants remained loath top dignify the Defendant's activities, the Defendant's response made clear that unless further action was taken against him, he was likely to libel the Claimants further and to continue to breach the undertakings he had given...the Claimants were especially concerned about the effect that this conduct may have on the ongoing search for their daughter" [Hudson Affidavit, paragraphs 56 and 57].

If the UK press grows ball and report it then it is glaringly obvious to the public the mccanns are playing games and suing people left right centre with public donated fund, which has absolutely nothing to do with the search for Maddie.
Which parents of missing child have the time of day to monitor forum when the search for their child should be priority?


It would become national jokes if it is made common public knowledge that CR actually tasked their employee to work quietly behind the scenes, monitoring fora and blogs for the mccanns, mostly without payment, (or so kate claimed in her bewk). That would beg the question what percentage CR expects to get paid on the "no win no fee" basis? And that would highlight the working methods of the most formidable libel law firm which must be a real eye opener to the public.


+++++++++++++++++++++++++++++++++++


Miraflores wrote: I imagine that the McCanns are hoping that Tony will throw in the towel and be an easy victory for them.

REPLY: It is really too late now to 'throw in the towel'. I am compelled by the High Court to account for my actions and will endeavour to give full and careful reasons for my actions and my publications both in my Witness Statement and in open court.

Kololi wrote: If I have read it right, it is Mr Bennett who is likely to ask for the schedule to be altered so that he has time to prepare his defence. That reads to me as if he may ask for a longer time so it's not them asking - or have I misunderstood totally?

REPLY: The McCanns were given a date of 8 February for the full trial, but asked to change that into a Case Management Hearing, citing as their reason: 'To give Mr Bennett more time to prepare his defence'. When they wrote to me last week proposing a date of 22 February for me to submit my evidence, I decided to ask for more time and have now done so.

What are they playing at I wonder? It's unlike them to take mercy on TB by giving him extra time to prepare. Anyway, what is this "case management hearing" all about? It's as if they are iffy about their contempt of court litigation now that the Yard are reviewing their case.

+++++++++++++++++++++++++++++++++++

Pauline wrote: I think it is very important that tony has legal representation but I understand it will be expensive. So I suggest Tony puts up bank account details so that those of us who can make a donation to his costs do so. This is one positive thing we can all do; some may find £5 a struggle, others may be able to donate much more. Please don't settle out of court. That is what they want.

Jay 2001 wrote: Mrs M told Aled Jones that she could forgive the 'abductor', but she and the team have pursued TB and GA with ruthless zeal.

aiyoyo wrote: It is a breach against TB's right to freedom of free speech. Besides GM himself claimed he believes in free speech and people are free to purport theories.

Jay2001 wrote: Tony appealed for 'legal' type help and I hope that he gets it - there must be some brains out there who could help
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Post by Pershing36 on 23.01.12 22:18

There must be something that can be done, I don't know what but surely we can do something!!
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Post by jd on 23.01.12 22:47

@Pershing36 wrote:There must be something that can be done, I don't know what but surely we can do something!!

Its what I am feeling too

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Post by Ollie on 23.01.12 23:10

Tony I do hope that you can and will have someone who will attend the hearing with you. There must be someone who can go over your statement, so I hope someone does come forward to help. More than anything I wish you success.
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Post by bristow on 24.01.12 0:28

This country is starting to feel like China or North Korea, freedom of speech seems to stand for nothing.

Tony, I wish you all the best and I have a deep feeling that you will come out of this well.
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Post by Tony Bennett on 24.01.12 0:54

@Ollie wrote:Tony I do hope that you can and will have someone who will attend the hearing with you. There must be someone who can go over your statement, so I hope someone does come forward to help. More than anything I wish you success.
Again, I thank all those who've stopped by to wish me well.

Apart from Committee members and trusted supporters who've already been helping me compile a defence document, I have had two new serious offers of help, so that's encouraging.

Not sure if I can say this, but I will anyway, surely if the abduction of Madeleine were proven, self-evident, if there was really no doubt at all about it, then anyone who disagreed would truly be regarded as lunatic and beyond the fringe and could safely be totally ignored? - instead of which we get these titanic struggles against Amaral and latterly myself, with massive resources and legal firepower being pulled in and libel letters being sent all over the place -and even all those prodigious efforts have hardly resulted in scepticism about the abduction claim lessening.

I have really made an effort not to make any direct accusations against the McCanns over the past 2 years - even Dr Kate McCann half acknowledged this on page 312 of her book - yet in 50 postings on this forum I am accused of having transgressed a line, not it appears in the remaining 3,750 postings though.

For example, I did of course in my affidavit undertake, quote: "not to repeat allegations that the Claimants are guilty of, or are to be suspected of...lying about what happened..." Does that mean, for example, that neither I nor anyone else can discuss an obvious, flat contradiction between the witness statements of two of the material witnesses to an event?

Is it libellous, for example, to repeat the details of Inspector Tavares de Almedia's interim report of 10 September? - something we did a full two years ago now in 'The Madeleine McCann Case Files - Volume 1', yet by letter of 1 December 2011 has now become an alleged breach of undertaking?

The Court will have to make a ruling on each of the 149 alleged separate breaches of the undertaking. At that rate, even 2 days may be too short a time for all the evidence and submissions to be made.
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Post by T4two on 24.01.12 1:39

candyfloss wrote: MCCANNS v BENNETT - The committal to prison trial will take place for 1 or 2 days, sometime in April or later - Page 2 977352 and welcome to our two new members
T4two, and jay2001

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Post by aiyoyo on 24.01.12 4:38

@Tony Bennett wrote:
@Ollie wrote:Tony I do hope that you can and will have someone who will attend the hearing with you. There must be someone who can go over your statement, so I hope someone does come forward to help. More than anything I wish you success.
Again, I thank all those who've stopped by to wish me well.

Apart from Committee members and trusted supporters who've already been helping me compile a defence document, I have had two new serious offers of help, so that's encouraging.

Not sure if I can say this, but I will anyway, surely if the abduction of Madeleine were proven, self-evident, if there was really no doubt at all about it, then anyone who disagreed would truly be regarded as lunatic and beyond the fringe and could safely be totally ignored? - instead of which we get these titanic struggles against Amaral and latterly myself, with massive resources and legal firepower being pulled in and libel letters being sent all over the place -and even all those prodigious efforts have hardly resulted in scepticism about the abduction claim lessening.

Of course you can say that - I cant see why not!
It's an opinion after all, nothing defamatory in that. Surely people are free to say they don't believe the mccanns falsehood abduction.
More than half this country are divided about the mccanns, and nothing defamatory in people expressing their opinion that they believe the mccanns are not telling the truth and employing spin tactics to cover up their lies.
And probably equally more than half the world who've read the mccanns story did not believe the mccanns at all. Does it mean they have to take a worldwide injunction to stop people voluntary thoughts.

Alright, they forbid people from repeating certain Police's statement ie that Maddie died in the apt, they were involved, and all the rest of it, which they consider as libelous, but until they come forward voluntarily to get themselves eliminated they are idiotic to think people with discerning ability are going to believe their yarn. Hiring the most expensive law firm to suppress disbelievers goes against normal behavior to prove their innocence. Innocence is portrayed by their actions and behavior, and so far those are anything but ...

To the poster who said Maddie's remains will never ever be found is likely right, judging by mccanns' confidence and penchant in taking out legal suits against every noticeable dissenter of their abduction tale.

Hopefully the Yard will manage to find new approach to further matter. History has proven cases can be successfully prosecuted even without a body as evidence, and I suspect that is the direction of the Police if they were to be prosecuted.

Their confidence over the non discovery of her remains is one thing, but prosecution hovering over their heads is another thing altogether - something beyond their control. All IMHO as usual.



I have really made an effort not to make any direct accusations against the McCanns over the past 2 years - even Dr Kate McCann half acknowledged this on page 312 of her book - yet in 50 postings on this forum I am accused of having transgressed a line, not it appears in the remaining 3,750 postings though.

For example, I did of course in my affidavit undertake, quote: "not to repeat allegations that the Claimants are guilty of, or are to be suspected of...lying about what happened..." Does that mean, for example, that neither I nor anyone else can discuss an obvious, flat contradiction between the witness statements of two of the material witnesses to an event?

Is it libellous, for example, to repeat the details of Inspector Tavares de Almedia's interim report of 10 September? - something we did a full two years ago now in 'The Madeleine McCann Case Files - Volume 1', yet by letter of 1 December 2011 has now become an alleged breach of undertaking?

The Court will have to make a ruling on each of the 149 alleged separate breaches of the undertaking. At that rate, even 2 days may be too short a time for all the evidence and submissions to be made.


If TB can find lawyers to help his defence on a pro-bono basis, it would go a long way towards showing the mccanns there are lawyers out there willing to stand up to counter them.

No matter what I wish TB best of luck and crossed my fingers all goes well for him.

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Post by aiyoyo on 24.01.12 6:09

BTW, I googled directions hearing and got this:

What is a directions hearing?

A directions hearing is an informal court appearance. It will take place if you have not been able to resolve the dispute yourselves after the formal legal action has started. A directions hearing is held to look at the direction that the matter is heading in the courts and to discuss with the parties their options to resolve the matter. The purpose is to discover the position of each party and whether there is any possibility of settling any of the issues. If the matter cannot be settled, it may be set down for mediation or for a trial.

The court will post a notice to both parties with the date and time of the directions hearing once a defence has been filed with the court. The directions hearing will usually be held about three weeks after the defence has been filed.

Directions hearing is same as pre-trial "case management" I should think.

I get the feeling the mccanns are keen to resolve their litigation against TB by mediation rather than going to full trial.
They want an independent legal mediator to act as intermediary to stop TB from his free speech rather than go to trial and argue their case. Going to trial would be expensive for them, and doubly so, if they were to lose to TB.
Apart from the adverse implications for them, losing means they have to foot TB's legal expenses as well if I am not wrong.
They'd never been to trial over their libel litigations as yet. Express paid out of court.

I think the mccanns are definitely wary of taking their litigation against TB all the way to trial because the ramifications and risks of compensation facing them would be enormous, if they are ever taken to Court and prosecuted over their daughter disappearance.

The last thing the mccanns would want is press interests during the trial. No reasons why the press cant be invited.
Also if TB's supporters were to hold a protest by marching outside Court against the mccanns' suppression of free speech it would bring them unwanted attention. Placards display would be useful " gerry believes in free speech he told the Leveson Inquiry "



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Post by PeterMac on 24.01.12 8:26

Just for the record, the BBC still has the list of unanswered questions on its website.
09:24 Tuesday 24 Jan 2012

http://news.bbc.co.uk/2/hi/uk_news/7542939.stm

The questions put to Kate McCann

The questions listed below form a record of the interrogation of Kate McCann conducted by Portuguese detectives investigating the disappearance of her three-year-old daughter Madeleine during a family holiday.
The questioning came after Mrs McCann was declared an arguido, or suspect, in September 2007.
Mrs McCann used her right to remain silent and only answered one question.
Her arguido status was lifted on 21 July this year. She and her husband have always denied any involvement in their daughter's disappearance.
The police inquiry into Madeleine's disappearance was wound up last month due to a lack of evidence.
7 SEPTEMBER QUESTIONS TO KATE McCANN
1 On 3 May 2007 at around 2200, when you entered the apartment what did you see and do, where did you look, and what did you touch?
2 Did you look inside the wardrobe in the bedroom? She said she wouldn't answer.
3 (Shown two photographs of the wardrobe) Can you describe its contents?
4 Why had the curtain behind the sofa in front of the side window (a photograph of which was shown to her), been disturbed? Had someone passed behind this sofa?
5 How much time did you spend searching in the apartment after realising that your daughter Madeleine had disappeared?
6 Why did you say from the start that Madeleine had been abducted?
7 Assuming that Madeleine had been abducted, why did you leave the twins alone at home to go to the Tapas to raise the alarm, not least because the supposed abductor could still be in the apartment?
8 Why did you not ask the twins at that moment what had happened to their sister, or why did you not ask them later?
9 When you raised the alarm in the Tapas what specific words were used?
10 What happened after raising the alarm at the Tapas?
11 Did you have a mobile phone with you at that moment?
12 Why did you go to warn your friends instead of shouting from the balcony?
13 Who contacted the authorities?
14 Who took part in the searches?
15 Did someone outside the group learn, in the moments that followed, of Madeleine's disappearance?
16 Did any neighbour offer you help after the alarm was raised about the disappearance?
17 What did the expression "we let her down" mean?
18 Did Jane tell you that she had seen a man carrying a child that night?
19 How were the authorities contacted and which police force was alerted?
20 During the searches after police arrived, in which places were Madeleine searched for, and in what way?
21 Why did the twins not wake up during the search or when they went upstairs?
22 Whom did you telephone after the discovery?
23 Did you call Sky News?
24 Did you know of any danger of calling the media alerting them of the abduction, since this could influence the abductor?
25 Did you request the presence of a priest?
26 In what way was the face of Madeleine, in photographs or by other means, released?
27 Is it true that during the search you remained seated on Madeleine's bed in your room without moving?
28 What was your behaviour like during that night?
29 Did you manage to sleep?
30 Before the trip to Portugal did you make a comment about a bad feeling or premonition about it?
31 What was Madeleine's behaviour like?
32 Did Madeleine suffer from any infirmity or take medication?
33 What was Madeleine's relationship like with her brother and sister, friends and fellow pupils?
34 Regarding your professional life, in how many hospitals and in which ones did you work?
35 What was your speciality as a doctor?
36 Do you work shifts in emergency wards or other departments?
37 Do you work in the daytime?
38 Why did you stop working at a certain point?
39 Is it true or not that the twins have difficulty falling asleep, that they are restless and that this upsets you?
40 Is it true or not that at certain times you felt desperate at your children's attitude and that this upsets you a lot?
41 Is it true or not that in England you went so far as thinking about handing over Madeleine to a relative to look after?
42 At home (in England) did you give medication to your children and what kind of medication?
43 (Various films had been shown to her of the inspection by forensic dogs, where one can see their signalling indications of the scent of a human corpse and traces of human blood as well as the comments by the expert overseeing the exercise.) Having seen the film and after the scent of a corpse was signalled in her bedroom near the wardrobe, and behind the sofa by the window in the sitting room, Kate McCann said she could not explain anything more than she already had.
44 She was asked about the sniffer dog that signalled human blood behind the above-mentioned sofa. She said she could not explain anything more than she already had.
45 She was asked about the scent of corpse which was signalled in the vehicle she hired about a month after the disappearance, with number plate 59-DA-27. She said she could not explain anything more than she already had.
46 When the presence of human blood was signalled in the boot of the same vehicle Kate McCann said she could not explain anything more than she already had.
47 Confronted with the result of the sample of Madeleine's DNA, whose analysis was carried out by a British laboratory, found behind the sofa and in the boot of the vehicle, as previously described, Kate McCann said she could not explain anything more than she already had.
48 Did you have any responsibility or involvement in the disappearance of your daughter Madeleine?
49 Are you aware that the fact of your not answering the questions put to you jeopardise the investigation that was aimed at finding out what happened to your daughter, she answered: "Yes, if the investigation thinks that."
50 Do you have anything to add? She said: "No."
51 Her lawyer was asked to comment. He said he had nothing to state or request.



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Post by tigger on 24.01.12 8:36

@aiyoyo wrote:BTW, I googled directions hearing and got this:

What is a directions hearing?

A directions hearing is an informal court appearance. It will take place if you have not been able to resolve the dispute yourselves after the formal legal action has started. A directions hearing is held to look at the direction that the matter is heading in the courts and to discuss with the parties their options to resolve the matter. The purpose is to discover the position of each party and whether there is any possibility of settling any of the issues. If the matter cannot be settled, it may be set down for mediation or for a trial.

The court will post a notice to both parties with the date and time of the directions hearing once a defence has been filed with the court. The directions hearing will usually be held about three weeks after the defence has been filed.

Directions hearing is same as pre-trial "case management" I should think.

I get the feeling the mccanns are keen to resolve their litigation against TB by mediation rather than going to full trial.
They want an independent legal mediator to act as intermediary to stop TB from his free speech rather than go to trial and argue their case. Going to trial would be expensive for them, and doubly so, if they were to lose to TB.
Apart from the adverse implications for them, losing means they have to foot TB's legal expenses as well if I am not wrong.
They'd never been to trial over their libel litigations as yet. Express paid out of court.

I think the mccanns are definitely wary of taking their litigation against TB all the way to trial because the ramifications and risks of compensation facing them would be enormous, if they are ever taken to Court and prosecuted over their daughter disappearance.

The last thing the mccanns would want is press interests during the trial. No reasons why the press cant be invited.
Also if TB's supporters were to hold a protest by marching outside Court against the mccanns' suppression of free speech it would bring them unwanted attention. Placards display would be useful " gerry believes in free speech he told the Leveson Inquiry "




I don't live in the UK (yet) - wonder where the hearing will be?
Brilliant slogan that! Throwing their own words back at them. Very nice of Gerry too, allowing us free speech. Errrm wasn't that in the constitution?

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Post by Juulcy on 24.01.12 10:10

Dear mr. Bennett, I wish you the best of luck, you certainly deserve it! If I can help in any way I would gladly do it. Probably not, since I'm not English. (I have a Dutch law degree, but i work in a totally different field in my husbands firm, so no recent experience ... )
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Post by uppatoffee on 24.01.12 10:30

Good luck Tony. I hope that things resolve themselves without the need for court and possible further sanctions. You need to put yourself and family first.

One day the truth will come out and then CM and TM maybe the ones facing the prospect of prison.
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