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Post by Karen Pinto on 21.02.13 18:54

Retired solicitor guilty over false claims against Madeleine McCann's parents

http://www.mirror.co.uk/news/uk-news/madeleine-mccann-campaigner-tony-bennett-1723519
Retired solicitor guilty over false claims against Madeleine McCann's parents21 Feb 2013 22:00

His Madeleine Foundation handed out 1,500 leaflets titled “10 key reasons which suggest she wasn’t abducted” in the family’s village.






Daily Mirror - Tony Bennett   Kate+and+Gerry+McCann+said+they+believe+there+is+%22no+doubt%22+that+Portuguese+authorities+will+reopen+the+investigation+into+their+daughter+Madeleine+s+disappearanceCourt case: Kate and Gerry McCann
Ian Vogler
A retired solicitor who published claims that Madeleine McCann's parents caused her death received a suspended jail sentence today.
Mr Justice Tugendhat said 65-year-old Tony Bennett deliberately flouted legal undertakings, given in November 2009, not to repeat allegations about the couple.
He said his conduct was so serious that nothing less than a custodial sentence of three months suspended for one year would reflect the harm he had done.
Finding Bennett guilty of contempt of court, the judge added: "I am sure that he intended to allege that the claimants are to be suspected of causing the death of their daughter, and did in fact dispose of her body, lie about what happened and covered up what they had done."
The judge, at London's High Court, said he was satisfied that Bennett, of Harlow, Essex, was in breach of the undertakings in each of the 13 representative instances before the court - out of 153 publications complained of.
He was not asked to make findings in relation to the other alleged breaches.
He commented: "It is essential for the rule of law that injunctions and court orders be obeyed.
"It can't be an answer that the person who is giving an undertaking or subject to an injunction can ignore it with impunity while it is in force."
Bennett, who was ordered to pay the costs of the litigation, apologised to the court.
He added: "I recognise the distress I have caused on a number of occasions to the claimants. I would like to apologise to them for that distress."
The judge said that Gerry and Kate McCann, who have not attended court, had suffered injury to their reputations and feelings and resorted to legal action not to punish Mr Bennett - but to put a stop to his repeated conduct.
He agreed with lawyers for the McCanns that Bennett had played "cat and mouse" with them by complying with the undertakings some of the time.
"He was testing them with false or disingenuous assurances and demands for explanations to which, as a member of the public with no responsibility for law enforcement, he was not entitled."
Later, Clarence Mitchell, the McCann family spokesman, said: "Kate and Gerry McCann brought these committal proceedings very much as a last resort.
"Mr Bennett has pursued an incessant campaign against them, repeatedly making false accusations against them, and ignoring the fact that the Portuguese authorities confirmed there was simply no evidence to implicate them in the disappearance of their daughter Madeleine.
"In 2009 Mr Bennett gave solemn undertakings to the High Court not to continue this campaign, but he has gone on to breach these undertakings on well over 100 occasions.
"Concerned for the effect that Mr Bennett's campaign may have on the ongoing search for their daughter and the likelihood of new leads coming forward, the McCanns concluded they had little choice but to seek the Court's intervention.
"Contrary to press reports, Kate and Gerry McCann did not bring the action to punish Mr Bennett or to send him to prison, but simply to get him to stop."
He added: "Kate and Gerry McCann are pleased with the Court's decision today and hope that it finally marks an end to Mr Bennett's campaign against them.
"The McCanns continue to focus their efforts on the ongoing search for their daughter
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Post by Guest on 21.02.13 19:10

Right.
They "simply" wanted to stop someone saying something they didn't like and went in with a canon to kill a mosquito.
Thank you Pinky. We got the message.

Daily Mirror - Tony Bennett   742129

And, as for focusing on their search for Madeleine [remember? Madeleine?]: have they been following the news on their superduper Spanish PI's? [not to mention another PI, who didn't find her either and was recently extradited to the USofA] They haven't sued anyone of these, have they? WHY?
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Post by Guest on 21.02.13 19:14

Châtelaine wrote:Right.
They "simply" wanted to stop someone saying something they didn't like and went in with a canon to kill a mosquito.
Thank you Pinky. We got the message.

Daily Mirror - Tony Bennett   742129


This is life & death

Some of us do not appear to understand that yet
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Post by Smokeandmirrors on 21.02.13 19:20

Oh B**!!$$£!!
False claims? Has this been proven? No.
Have the McCanns always told the truth? No
Is there proof that an abduction took place? No
Is there proof of the McCanns innocence? No

banghead Hissyfit aaaah tearhairout grrrrr

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Post by Woofer on 21.02.13 19:24

And such a `butter wouldn`t melt` photo of the pair too.

I think the Mirror are on a provocative wind-up.
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Post by Guest on 21.02.13 19:26

@Smokeandmirrors wrote:Oh B**!!$$£!!
False claims? Has this been proven? No.
Have the McCanns always told the truth? No
Is there proof that an abduction took place? No
Is there proof of the McCanns innocence? No

Daily Mirror - Tony Bennett   935245 Daily Mirror - Tony Bennett   362910 Daily Mirror - Tony Bennett   3262454623 Daily Mirror - Tony Bennett   263813 Daily Mirror - Tony Bennett   1255849920
**
We all share your frustration. BUT ... this was NOT about whether McCs were truthful or not. It was about breach of undertakings. Stupid as it may seem, it's the law and a judge has to abide to and apply the law. And inasmuch as I've seen, he's stretched his possibilities for 'fair' play to the max.
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Post by Inspectorfrost on 21.02.13 19:26

@Smokeandmirrors wrote:Oh B**!!$$£!!
False claims? Has this been proven? No.
Have the McCanns always told the truth? No
Is there proof that an abduction took place? No
Is there proof of the McCanns innocence? No

banghead Hissyfit aaaah tearhairout grrrrr

I wouldnt let them wind you up, there is no proof the suspicions or claims are false, none whatsoever, not from anywhere, internet rabid pro mccann trolls included

Ah Chatelaine, the MCCAN NS forgive the abductor, they forgive the detectives that did nothing for them and charged them a million pounds, scurrying off with their or rather the publics money but want Mr Amaral to be miserable and feel fear cos he was doing his job

Shame they failed so spectacularly in doing their job as parents of three babies by leaving them to fend for themselves
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Post by Guest on 21.02.13 19:34

@Inspectorfrost wrote:
Ah Chatelaine, the MCCAN NS forgive the abductor, they forgive the detectives that did nothing for them and charged them a million pounds, scurrying off with their or rather the publics money but want Mr Amaral to be miserable and feel fear cos he was doing his job

Shame they failed so spectacularly in doing their job as parents of three babies by leaving them to fend for themselves
***
I hope you don't mind when I question the "leaving alone" part ...?
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Post by Juulcy on 21.02.13 19:52

Châtelaine wrote:

**
We all share your frustration. BUT ... this was NOT about whether McCs were truthful or not. It was about breach of undertakings. Stupid as it may seem, it's the law and a judge has to abide to and apply the law. And inasmuch as I've seen, he's stretched his possibilities for 'fair' play to the max.

Judge T:
It is also important to record, as I did in my judgment, that the Claimants and their solicitors have repeatedly warned you of the seriousness of your actions and of the consequences. They resorted to this court only when you made clear by your conduct that there was nothing else that the Claimants could do to persuade you to comply with your undertakings. The consequence of the Claimants showing this restraint has been that they have incurred very large legal costs. These costs do not reflect any complications or difficulties in the case other than the difficulties that you have intentionally put in their way.

This part I don't think is fair. It is pretty harsh. Or am I reading too much in it?
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Post by bobbin on 21.02.13 19:55

@Juulcy wrote:
Châtelaine wrote:

**
We all share your frustration. BUT ... this was NOT about whether McCs were truthful or not. It was about breach of undertakings. Stupid as it may seem, it's the law and a judge has to abide to and apply the law. And inasmuch as I've seen, he's stretched his possibilities for 'fair' play to the max.

Judge T:
It is also important to record, as I did in my judgment, that the Claimants and their solicitors have repeatedly warned you of the seriousness of your actions and of the consequences. They resorted to this court only when you made clear by your conduct that there was nothing else that the Claimants could do to persuade you to comply with your undertakings. The consequence of the Claimants showing this restraint has been that they have incurred very large legal costs. These costs do not reflect any complications or difficulties in the case other than the difficulties that you have intentionally put in their way.

This part I don't think is fair. It is pretty harsh. Or am I reading too much in it?
I do think it's pretty harsh, and with just a slight bias on the side of the McCanns, to my mind, but let's see what he sets as costs first.
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Post by Inspectorfrost on 21.02.13 19:59

Châtelaine wrote:
@Inspectorfrost wrote:
Ah Chatelaine, the MCCAN NS forgive the abductor, they forgive the detectives that did nothing for them and charged them a million pounds, scurrying off with their or rather the publics money but want Mr Amaral to be miserable and feel fear cos he was doing his job

Shame they failed so spectacularly in doing their job as parents of three babies by leaving them to fend for themselves
***
I hope you don't mind when I question the "leaving alone" part ...?

???
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Post by Guest on 21.02.13 20:03

@Inspectorfrost wrote:
Châtelaine wrote:
@Inspectorfrost wrote:
Ah Chatelaine, the MCCAN NS forgive the abductor, they forgive the detectives that did nothing for them and charged them a million pounds, scurrying off with their or rather the publics money but want Mr Amaral to be miserable and feel fear cos he was doing his job

Shame they failed so spectacularly in doing their job as parents of three babies by leaving them to fend for themselves
***
I hope you don't mind when I question the "leaving alone" part ...?

???
***
No neglect, no abduction ...
Good night :-)
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Post by Inspectorfrost on 21.02.13 20:04

@Juulcy wrote:
Châtelaine wrote:

**
We all share your frustration. BUT ... this was NOT about whether McCs were truthful or not. It was about breach of undertakings. Stupid as it may seem, it's the law and a judge has to abide to and apply the law. And inasmuch as I've seen, he's stretched his possibilities for 'fair' play to the max.

Judge T:
It is also important to record, as I did in my judgment, that the Claimants and their solicitors have repeatedly warned you of the seriousness of your actions and of the consequences. They resorted to this court only when you made clear by your conduct that there was nothing else that the Claimants could do to persuade you to comply with your undertakings. The consequence of the Claimants showing this restraint has been that they have incurred very large legal costs. These costs do not reflect any complications or difficulties in the case other than the difficulties that you have intentionally put in their way.

This part I don't think is fair. It is pretty harsh. Or am I reading too much in it?

He is clearly saying here the racked up costs were of Tonys making as he didnt heed their pleas and warnings and they were forced to incur costs to spy monitor build their case for committal, etc in other words, shock, sounds like he is saying the costs are justified, i sincerely hope not, no sane judge can say 300k is a fair cost for bloody monitoring a website

And what did the super duper qc do to earn 15 k for a day? fk all

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Post by Miraflores on 21.02.13 20:18

He
is clearly saying here the racked up costs were of Tonys making as he
didnt heed their pleas and warnings and they were forced to incur costs
to spy monitor build their case for committal, etc in other words,
shock, sounds like he is saying the costs are justified, i sincerely
hope not, no sane judge can say 300k is a fair cost for bloody
monitoring a website

But didn't CR initially try to bring some 250 charges most of which the judge threw out? Is TB going to be asked to meet the costs incurred when these inadmissible charges were being compiled?
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Post by Inspectorfrost on 21.02.13 20:22

good point milaflores
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Post by Inspectorfrost on 21.02.13 21:43

I wonder why the Express and Daily mail are the only papers to not report on this story when every tom dick and harry has

I think the telegraph haven't either but they are different

Oh hang on the Sun hasn't either, the Sun have been exceedingly like Mr Kippling, quiet for a while, then again they might be when their former editor is due in court in a few months for perverting the course of justice

big grin

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Post by Spaniel on 22.02.13 2:33

Apparently six reporters in court, yet the papers print a press release from Mitchell. ?????
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Post by tigger on 22.02.13 3:26

@Miraflores wrote:
He
is clearly saying here the racked up costs were of Tonys making as he
didnt heed their pleas and warnings and they were forced to incur costs
to spy monitor build their case for committal, etc in other words,
shock, sounds like he is saying the costs are justified, i sincerely
hope not, no sane judge can say 300k is a fair cost for bloody
monitoring a website

But didn't CR initially try to bring some 250 charges most of which the judge threw out? Is TB going to be asked to meet the costs incurred when these inadmissible charges were being compiled?

I thought there would be no seizure of assets (meaning savings or/and the house) ? According to CF's report on the phonecall from TB.

How can CR claim costs (court costs?) not the 288.000 plus surely. Because now they've stated that they were working for free!
This clashes with their statement that they were on a retainer.

So we'll have to wait and see? I think CR will be keeping costs low. 10.000 is easily raised if only half the members here throw in a tenner!

So it's all right for CR to bring 250 charges - processing these must have racked up some serious time and charges but it's not all right for TB to do what he can to safeguard/help himself and his family in trying to get legal aid. Especially in view of the inequality of resources.

It was also all right for CR to be told by the Judge to reduce these to 10 and yet come back with 25. Which I would have thought shows a certain contempt of a Judge's directions in court.

So as far as I can see, CR's costs could have been a mere 10% of what they are now, since only 10% of their work was accepted by the Judge, although in fairness it ought to be 4% as that was the percentage of the case the Judge said he was prepared to deal with.
That would make it around 10.000 .







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Post by tigger on 22.02.13 3:29

@Spaniel wrote:Apparently six reporters in court, yet the papers print a press release from Mitchell. ?????

Should there be an injunction in place, that's all they can do. But their own material and notes will no doubt be filed for future use.

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Post by plebgate on 22.02.13 5:17

Well whatever it cost to take a statement from the solicitor who had to admit she did not know whether Maddie had been abducted or not, which I guess wouldn't come cheap, should be deducted from any costs imo.
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Post by tiny on 22.02.13 6:02

@Spaniel wrote:Apparently six reporters in court, yet the papers print a press release from Mitchell. ?????
and thats the only stone the mccanns will turn over,to let mitchell creep out to spill his shite
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Post by Monty Heck on 22.02.13 6:30

The ususal spin, no surprises from the Mirror. Interesting that the massive costs incurred by the McCs to nail an unrepresented opponent received no mention but of course that might have led some to question the actual motives for, or indeed the morality of squandering such a vast amount of (whose?) money on litigation against someone 999 people out of 1,000 have never heard of. The claim that TB had to be prevented from possibly "harming the search for M" trotted out as ever when the McCs and the press are aware that their search was suspended long ago while the taxpayer spends millions on the so called review. So much for fair reporting.
I do wonder what it is that makes the McCs think so highly of themselves that they are prepared to squander obscene amounts of money in order to protect their "reputation". Just what does that reputation amount to? They are not "known" because of their benevolence to their fellow man, far from it. They are household names because they claim they went out with friends leaving their small children unattended, leading to the disappearance of one of them who is missing to this day. Mr Bennett has been silenced and will suffer extreme financial penalty to protect reputations which are tarnished beyond redemption. Even if their daughter is found one day, in the eyes of a vast number of people not just internet nutters, the part played by parental neglect will not be forgotten and no amount of litigation or media spin will ever erase that. The evidence is there - nearly 6 years and the damage to their reputation remains uneroded.
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Post by pennylane on 22.02.13 6:36

@tiny wrote:
@Spaniel wrote:Apparently six reporters in court, yet the papers print a press release from Mitchell. ?????
and thats the only stone the mccanns will turn over,to let mitchell creep out to spill his shite

Mitchell keeps the media buzzing with McCann hype, which makes money for them, and they in turn have plenty to grease his palms with. It's been an epic, golden goose ménage à trois Daily Mirror - Tony Bennett   2631910524 Daily Mirror - Tony Bennett   2631910524 Daily Mirror - Tony Bennett   2631910524

This grotesque pair then have the audacity to seek to suppress and control the media and Tony Bennett from repeating what is in the police files, when they themselves have milked, manipulated and spun their dodgy story for all it's worth. Daily Mirror - Tony Bennett   654494
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Post by russiandoll on 22.02.13 7:01

@tiny wrote:
@Spaniel wrote:Apparently six reporters in court, yet the papers print a press release from Mitchell. ?????
and thats the only stone the mccanns will turn over,to let mitchell creep out to spill his shite

here is a new press release for CM to put out

no turd will be left unstoned [excuse my incoherence, I am not drunk, 'tis merely the effect of having eaten an animal's wedding tackle in Iceland.] Daily Mirror - Tony Bennett   3139096799

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Post by Pershing36 on 22.02.13 7:20

I stayed away for sometime from this site as I feared this would be the outcome.

IMO winning these cases are essential for their team to ensure everyone keeps their mouths firmly shut. I suspect the Portuguese trial will go the same way, although I hope I am wrong and wish GA the best.

Lets hope the judge see's through the ridiculous costs they are claiming. Then TB can put it behind him.
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