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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 aiyoyo on 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 on 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 on 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 on 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 on 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 on 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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*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 Empty 153 minus 10 (25) = 143

Post by Guest on 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 on 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 on 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 on 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 on 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 on 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 on 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 on 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 on 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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Post by knitpicks on 09.02.12 14:42

[quote="Smokeandmirrors"]

And how utterly disgusting that neither of the Mc's had the integrity to attend - says it all really.

tsk tsk you know full well they are both distraught, they no longer laugh or smile the actions of Tony have left a permanent mark - its a damn good job

Madeleines disappearance didnt affect them or they would be in a fine mess
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Post by Pershing36 on 09.02.12 15:04

[quote="knitpicks"]
@Smokeandmirrors wrote:

And how utterly disgusting that neither of the Mc's had the integrity to attend - says it all really.

tsk tsk you know full well they are both distraught, they no longer laugh or smile the actions of Tony have left a permanent mark - its a damn good job

Madeleines disappearance didnt affect them or they would be in a fine mess

That's what gets me. They appeared at the leveson inquiry telling the world how hurt they were by the stories written but not here. Are they not claiming they have been deeply hurt by this episode?

Maybe the lack of TV coverage made them feel there was little to be gained publicly?
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Post by knitpicks on 09.02.12 15:13

I don't think they want TV publicity - well not yet only if they get the result THEY want. If as we all hope it goes against them then they will do what they did

late 2007 they will scurry back to Rothley, dont think the Leicester plods will be as willing to deliver flowers this time*NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 302873
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Post by ShuBob on 09.02.12 15:52

Keir may be a spin merchant but I doubt he would make this up. He has named the Met Commissioner as his source! For me, it all ties in with the recent Express story of the tapas 7 being re-interviewed and the rumour that a reconstruction is going to take place around April.
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Post by Pershing36 on 09.02.12 16:10

I other words they have finished their multi-million pound paper shuffle (with a few trips to make it look authentic) and they are ready to wind it up. If he is right and they expect it to be completed in a few months and they haven't yet interviewed a single witness, you can't honestly believe anything new has been added or is likely too be.
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Post by Smokeandmirrors on 09.02.12 17:44

[quote="knitpicks"]
@Smokeandmirrors wrote:

And how utterly disgusting that neither of the Mc's had the integrity to attend - says it all really.

tsk tsk you know full well they are both distraught, they no longer laugh or smile the actions of Tony have left a permanent mark - its a damn good job

Madeleines disappearance didnt affect them or they would be in a fine mess

How silly of me to forget that they hate publicity and are overwrought violin Of course they wouldn't wish to attend court hearings that they instigate, that's for ordinary folks, not paragons of virtue.


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Post by Cheshire Cat on 09.02.12 18:36

@Pershing36 wrote:I other words they have finished their multi-million pound paper shuffle (with a few trips to make it look authentic) and they are ready to wind it up. If he is right and they expect it to be completed in a few months and they haven't yet interviewed a single witness, you can't honestly believe anything new has been added or is likely too be.

Spot on. SPOT ON.
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Post by Guest on 10.02.12 16:08

@sharonl wrote:Tony has asked me to post this brief resume of today’s Case Management hearing.

QUOTE TONY:

The hearing was only ever about getting the matter ready for trial.

The hearing lasted around 1 hour and 50 minutes. The McCanns were represented by Jacob Dean (barrister), Adam Tudor, Isabel Hudson and two assistants.

Carter-Ruck had proposed a timetable for serving and filing evidence ahead of the trial and proposed that the trial would last for 1-2 days, to be held as soon as practicable on or after 10 April.

I made a number of applications at the hearing, which out of courtesy I notified to Carter-Ruck by hand on 2 February.

My application to have a ‘McKenzie friend’ [lay helper] with me at the hearing was granted by consent, and I thank my friend who acted as my McKenzie helper today.

I made an outline application to be allowed to apply for one part of the original undertaking I gave to be rescinded. This was granted. I have until 22 February to submit that application. That involves paying a Court fee of £80.00 and submitting detailed reasons for that application. At this point I will say that I do not propose to seek to rescind any of the following undertakings, all of which I have abided by except for the sale of one book to Mr Michael Gunnill (see below):

• To deliver up all hard copies of “What really happened to Madeleine McCann? 60 key reasons which suggest that she was not abducted” (known in short as ‘60 Reasons’) to Carter-Ruck
• To deliver up all hard copies of the leaflet entitled “What really happened to Madeleine McCann? 10 key reasons which suggest that she was not abducted
• To destroy any electronic version of ‘What really happened to Madeleine McCann? 60 key reasons which suggest that she was not abducted”.
• To destroy any electronic version of the leaflet entitled “What really happened to Madeleine McCann? 10 key reasons which suggest that she was not abducted
• To close our website, whose domain name was: www.madeleinefoundation.org‘
• To use my best endeavours to delete or otherwise prevent access to any and all defamatory allegations about the Claimants published by him on the website http://missingmadeleine.forumotion.net
• To use my best endeavours to delete or otherwise prevent access to any and all defamatory allegations about the Claimants published by him on the website http://democracyforum.co.uk
• To use my best endeavours to delete or otherwise prevent access to any and all defamatory allegations about the Claimants published by him on the website http://www.anorak.co.uk
• To use my best endeavours to delete or otherwise prevent access to any and all defamatory allegations about the Claimants published by him on the website www.truthformadeleine.com
• To pay £440.00 towards the Defendant’s costs [subsequently reduced to £400.00.]

I applied for an Order that ‘the Claimants [the McCanns] do specify which words they allege constitute alleged breaches of my undertaking’. This was because of what I claimed was a lack of clarity in the McCanns’ application. The Practice Rules are very specific in requiring that in a contempt of court allegation, the Claimants must be precise and full in explaining to the Defendant precisely why he is alleged to be in breach of an undertaking to such an extent that he deserves to be sent to prison.

I had also asked for more time to prepare my defence. The Judge was concerned about the volume of paperwork I was faced with [153 alleged breaches of the undertaking] and said that ‘there is considerable force in Mr Bennett’s request for more time to prepare his defence’.

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.

The Judge granted me until 9 March to reply to the McCanns’ revised application [the McCanns had originally asked for my response by 22 February.

The McCanns will then have the right to reply to my response. They will have to serve this on me by 5 April.

I applied for an Order that Michael Gunnill be produced as a witness and was able to inform the Judge in outline of how Mr Gunnill had obtained a ’60 Reasons’ book from me by entrapment, and how Mr Gunnill had boasted about doing this ‘on behalf of a third party’ which I believed to be the McCanns, via Carter-Ruck. I was granted permission to apply for a Witness Order against Mr Gunnill requiring to attend the trial and give evidence. I shall be doing that shortly.

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.

I applied for the McCanns to produce certified English translations of the two judgments against them in the Portuguese Court of Appeal (October 2010) and Portuguese Supreme Court (March 2011). The Judge refused, after asking the McCanns’ barrister if Dr Amaral’s book was now freely available in Portugal, to which of course he agreed. He said that if I considered these relevant, I should produce these myself. One of my supporters at the hearing kindly volunteered afterwards to see if she could obtain these for me.

The trial is scheduled for 2 days, any time on or after 17 April 2012.

In conclusion, I would like to thank each and every one of the eight people who kindly troubled to attend court to support me, and it was a pleasure to buy them all lunch at the Dulcis Cafe afterwards.

UNQUOTE TONY

Just a little reminder for all at the start of a lovely weekend, that this whole legal affair is all over one little booklet, obtained by the deceptive means of entrapment. All in the name of being *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 1683281855

Just in case anyone missed this the other day. *NEW!* Judge Tugendhat will hear McCanns' CONTEMPT application 10.30am Wednesday 8 February - Page 7 110921
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Post by Guest on 10.02.12 16:17

May I say what an interesting read this now infamous little book was when I had one back in 2009. Until that time I hadn't a clue how much the media wasn't telling us and it gave me the incentive to delve deeper.

If ever I compile a list of the 10 most influential books I have read, this one will be a contender for the top spot.
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Post by Jill Havern on 10.02.12 16:59

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

Here's a little bit of info about Jacob Dean who was nearly in panic when the judge allowed Tony to apply for a Witness Order against Mike Gunnill. http://www.5rb.com/member/Jacob_Dean
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