The Complete Mystery of Madeleine McCann -TONY BENNETT = COMMITAL TO PRISON HEARING, RCJ, 5,6 FEB 13
video: “Committal to PRISON Hearing – McCanns v Tony Bennett – Feb 5th & 6th 2013″
Published on 22 Jan 2013
From: Tony Bennett
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Saturday 5 January 2012
Carter-Ruck
Solicitors
6 St. Andrew Street
LONDON
EC4A 3AE
Ref: Adam Tudor/Isabel Martorell, formerly Hudson AT/IH/SVL//13837.5
Dear Sirs
re: Your clients Dr Gerald and Dr Kate McCann: McCanns v Bennett
I am in receipt of your e-mailed letter yesterday (4 January).
In that letter, you and your clients take exception to two internet postings of mine, one on the Jill Havern forum (‘Complete Mystery of Madeleine McCann’) on 19 November 2012, and the other on the Australian ‘BigFooty’ discussion site on 19 December 2012.
You state in your letter that “These postings clearly breach the undertakings which you gave to the court on 25 November 2009 and which are the subject of the contempt application”.
You give details of extracts from those two postings which, you say, “…undoubtedly allege that there are, at the very least, grounds to suspect our clients of causing the alleged death of their daughter and/or of lying about what happened and/or of seeking to cover up what they had done”.
On page 2 of your letter, you describe these as “flagrant contempts of Court”.
You add on page 3 that: “You have treated your obligations to the Court (in the form of your undertakings to the Court) with the utmost derision…”
You proceed to add that: “…your conduct has caused and continues to cause our clients very considerable distress and upset”. I assume from that passage of your letter that your clients have read the two postings in question which you say have caused them ‘very considerable’ distress and upset.
In response, I will set out in full the two postings which you say have caused distress and upset to your clients, bolding the particular passages to which you and they object, and adding a number beside each significant statement, as I shall refer to them by number below:
The posting on Jill Havern’s forum on 19 November 2012
A question is asked by a relatively new member of the forum, which now has 2,084 members, as follows:
“So I have another two questions for people here. Do you think your discussions and posts amount to harassment of the McCanns?
Is discuss(ing) evidence that suggest(s) they could have some involvement in Madeleine’s disappearance close to libellous by inference or innuendo?”
My reply:
“By any standards, this is a unique case – like no other. I hesitate to pronounce about libel law, but as the law stands, whilst you must not defame people by saying ‘untrue’ things about them, there is also the right to ‘fair comment’. The ‘fair comment’ defence, however, means that you must have a reasonable basis for making the comments that you do.
“Also, to suggest that someone is lying to the extent of covering up a death is indeed a serious accusation requiring a great deal of factual back-up.
“In this case (I’ll be brief), we have:
(See the remainder of the letter and discussions here:)
http://jillhavern.forumotion.net/t6211-flagrant-breaches-of-your-undertakings
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The Complete Mystery of Madeleine McCann
Tuesday, February 5, 2013 20:40
The Complete Mystery of Madeleine McCann™ -
Justine McGuiness: “We were a bit naughty because we did have messages coming out of the police station which we weren’t supposed to…”…C443 J.N. HUGHES: Background Information- Gerald McCANN – A search of the local section of the child abuse shows a registration number 19309 in the CATS system….Dr Katherina Gaspar: “I remember Dave telling Gerry something like “she”, referring to Madeleine, “would do this”.. While he mentioned the word ‘this’, David was doing the action of sucking one of his fingers, pushing it in and out of his mouth, while with his other hand he was doing a circle around his nipple. I remember being shocked by that.”…Sofia Leal: “My husband and I have never abandoned our daughters, or allowed paedophiles in our circle of friends. I am shocked that a couple who affirm to be religious is seeking out to destroy our family”.. Gonçalo Amaral: “The little girl died in the apartment. Everything is in the book, which is faithful to the investigation until September: it reflects the understanding of the Portuguese and the English police and of the Public Ministry. For all of us until then the concealment of the cadaver, the simulation of abduction and the exposure or abandonment were proved.”………Carlos Anjos, president of ASFIC/PJ: “What the McCanns did was…they’ve put on their internet page “We asked the authorities”, but they didn’t, because to ask means to send a request to the Prosecutor’s Office or to the Judiaciary Police, and that didn’t happen. I think what we have here it’s some sort of deception.”…Martin Brunt: “There are 30 Met officers – the equivalent of a murder squad – working on the review and I’m told that a senior officer is having to give regular spending updates to the Home Office which is funding an operation that will cost several million and last many months.”….Gonçalo Amaral: “The English can always present the conclusions to which they themselves arrived in 2007. Because they know, they have the evidence of what happened – they don’t need to investigate anything. All this is now a mere ‘show off’…..Manuel Catriano: “This story did not begin in the Ocean Club, but in London where the ‘official truth’ was conspired and established: an English girl was kidnapped in the Algarve.”….Gonçalo Amaral: “Dr Katherina Gaspar witnesses a scene with David Payne and Gerry McCann which flabbergasts her and makes her fear for the safety of her daughter and the other children”….Gonçalo Amaral: ” I have understood their game. The McCanns knew that I was going to catch them. So the game is always the same. We want to catch them, they want to escape, and that’s it. Sometimes the bandits win, sometimes the policemen do.”….Gonçalo Amaral: “Under the old Penal Process, how do I ask Kate: “Are you lying when you say you didn’t touch the window? As a matter of fact, it was you who opened the window. We have material evidence of that. A question like this forces the constitution of arguido…”…..Tony Bennett: “The Madeleine Foundation has now sent a 32-page letter and a bundle of supporting evidence to the Scotland Yard ‘Maddie Case’ Review Team”………….Gonçalo Amaral: “The little girl died in the apartment. Everything is in the book, which is faithful to the investigation until September: it reflects the understanding of the Portuguese and the English police and of the Public Ministry. For all of us until then the concealment of the cadaver, the simulation of abduction and the exposure or abandonment were proved.”…Gonçalo Amaral: “For the McCanns to ask for the process to be reopened, all it would take is a letter to the prosecutor…it costs them nothing, just the stamp on the letter.”…Gonçalo Amaral: “The investigation will be concluded, it will be reopened and it will be taken to an end; and justice will be made, that is all that we want.”…Gonçalo Amaral: “There are hundreds of indications, clues regarding a certain event; and it is that event that some people do not accept and want to conceal.”…Kate Healy was not immediately made an arguida, but merely interviewed voluntarily as a witness. Only after her interview was she made an arguida, that is, after she was confronted with concrete facts that might lead to her incrimination.”…Gonçalo Amaral: “If the McCanns admit that their daughter is dead, they can no longer collect money from the Maddie fund, and that’s a lot of money, over one million pounds. That’s why they say that the girl was abducted.”…Kate McCann: “This pair (Carter Ruck lawyers) continue to do a vast amount of work for us, without payment, most of it quietly behind the scenes.”…Gonçalo Amaral: “Nowadays I have no doubts left, the archival for various reasons, was mainly due to political pressures made by the English – I have no doubts about that.”…Gonçalo Amaral: “I remind you that they demanded the archiving of the process, in 2008, when they were arguidos, merely to defend their image. They are not interested in the reopening of the process or of the investigation”…Gonçalo Amaral: “It’s too big and too serious a burden to be concealed by so many people for their entire lives.”…Gonçalo Amaral: “Let’s remember it is totally logical to find Madeleine’s DNA in the home, but absolutely not in a car rented more than twenty days after her disappearance.”…Tony Bennett: “The question is: exactly what is it about Madeleine’s disappearance that caused such a massive level of government activity, including MI5 and secret service type groups like Control Risks Group, to become involved, and so quickly and in such large numbers? Was it to help find a missing child? Or to locate an abductor?…Martin Grime: “My professional opinion as regards to the EVRD’s alert indications is that it is suggestive that this is ‘cadaver scent’ contaminant.”…Gonçalo Amaral: “If the body had been buried there would have been mummification. The fact that there were fluids points to refrigeration.”….Gerry McCann: “There’s no evidence that Madeleine is dead and there’s no evidence to implicate us in her death”… Kate McCann: “What we need is for the Portuguese police to reopen the case. That is crucial.”…Gonçalo Amaral: “For the McCanns to ask for the process to be reopened, all it would take is a letter to the prosecutor…it costs them nothing, just the stamp on the letter.”….The McCann couple or their Tapas friends could force the reopening of the process if they would do the reconstruction….Robert Jay, QC, to Rebekah Brooks: “Unless the Prime Minister ordered the review by the Metropolitan Police, the Sun would put the Home Secretary, Theresa May, on the front page until the Sun’s demands were met?”…João Tavares, PJ: “For each lead that was explored to no avail, the closer we have come to the truth”…Kate McCann: “Adam Tudor and his colleague Isabel Hudson (Carter-Ruck) continue to do a vast amount of work for us, without payment, most of it quietly behind the scenes”……McCann’s libel lawyer, Isabel Duarte: “Every one of the books sold will increase the amount of damages that we will be seeking from Gonçalo Amaral.”…….McCann’s lawyer, Edward Smethurst: “We are currently demanding €1.2 million in damages, but we are reserving the right to increase this value as soon as we can ascertain what profits have been generated from the sale of this book”……Gonçalo Amaral: “The British priest staged everything.”…In 2007 British Ambassador Alexander W. Ellis admitted that the British Police had developed evidence against Kate and Gerry McCann…..Assistant Chief Constable for Leicestershire police: “While one or both of the McCanns may be innocent there is no clear evidence that eliminates them from involvement in Madeleine’s disappearance.”….Carter-Ruck’s costs in the case of McCanns v Bennett exceed £120,000 already…..Quote of the day in this multi-million pound review that has, so far, taken a year – DCI Andy Redwood: “We are working on the basis of two possibilities here: one is that Madeleine is still alive; and the second that she is sadly dead”…Portuguese and Spanish Police claim the news about the latest timely Maddie ‘sighting’ in Spain is completely false…..Martin Brunt: “I guess we can expect more of this (new ‘sighting’ in Spain) as the fifth anniversary of Madeleine McCann’s disappearance approaches.”…British police confident of breakthrough as fifth anniversary of Maddie’s disappearance looms…….Francisco Moita Flores: “Scotland Yard has made another two million pounds available to search for Maddie McCann”….Gonçalo Amaral: “Elements from the Scotland Yard have been working with an investigative PJ team from Oporto, and what is known is that the “affair” is not going well for the McCanns.”…..Scotland Yard dismisses work done by the private agency “Método” 3 hired by the McCann couple…..Gonçalo Amaral: “There is going to be news in the upcoming days…At the end of all this someone will reimburse me for all the wicked actions taken against me…then I will tell the rest.”……..Kate McCann’s lawyer Carlos Pinto de Abreu: “If you were Portuguese, this would be enough to put you in prison.”…..Gonçalo Amaral: “This litigation will carry a heavy price – but I have faith that the mystery will be resolved. Even if I “disappear” in the process – as Kate McCann has written that she wishes I would in her book – I have a daughter and lots of friends who will make sure justice is done”…Lady Margaret Hodge’s nephew, Philip Edmonds, claimed that on 3 May 2007 Madeleine was captured on a photo, together with his three boys. Despite the immense value this might have had in settling arguments about Madeleine’s movements on 3 May, neither he nor the McCanns ever produced it….Martin Grime: “Not all the alert signals have been investigated by the appropriate agencies in order to provide forensic comparations, in spite of indications to the contrary.”…..British criminal profiler NPIA, Lee Rainbow: “Madeleine’s father was the last one to see her alive. The family is a lead that should be followed. Contradictions in Gerald McCann’s statements might lead us to suspect a homicide.”…Martin Brunt, Crime Correspondent: “The crucial part of the evidence appears to be a complete match of Madeleine’s DNA in the boot of the hire car”…Inspector Ricardo Paiva: “It was Scotland Yard who first thought it could be a murder case.”……Inspector Steve Bentley, NSY: “You state that you have a first hand information from an insider from the McCann’s private investigators. This information would obviously be of interest to the team and they would welcome details of this individual…”…….Gonçalo Amaral: “I would be willing to fly to London to speak with officers doing the review to assist them.”….Philomena McCann: “Gordon Brown set things in motion at the start.”…..Molly: “There is no evidence of a break-in yet the couple are still free to tell the world that there was one and they can do this unchallenged.”…..Gerry McCann: “I think certainly there’s been remarkably few child abductions since Madeleine was taken and I think people are more aware.”…..Kate and Gerry McCann urge Prime Minister to save ‘no win, no fee’ for libel cases……Brian Kennedy, the McCanns multi-millionaire benefactor, pledged on his website to meet ALL the growing costs of ‘Team McCann’, so why do Kate and Gerry keep appealing to the public for donations?….Cadaver dogs used in Suzanne Pilley murder probe … Gilroy found guilty despite no body, no murder weapon and no forensic evidence…..Portuguese Judge orders McCanns to immediately return Gonçalo Amaral’s books so they may be sold……Gonçalo Amaral: “The key that Mr. Gerald McCann alleges to have used had in fact been left in the kitchen, on the kitchen’s counter. Right away, the lies started.”…..
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Re: ***LATEST NEWS AND UPDATES FROM THE TRIAL HERE***
See page 7 for Tony’s update
comment:
“In brief:
The judge severely limited my questions to Carter-Ruck’s Solicitor and Partner, Isabel Martorell.
I think I am right in saying (we shall see tomorrrow) that none of the facts relating to Madeleine’s reported disappearance are of any relevance whatosever to this hearing.
Nor is the widespread availability of Dr Amaral’s book; that was also ruled as irrelevant.
One issue that emerged during the hearing more than once was the McCanns’ powerlessness to control the level of dissent about Madeleine. I was able to demonstrate that I was the only person on the entire planet who was actively being inhibited from expressing his opinions on the disappearance of Madeleine. That was also ruled entirely irrelevant to the issue of whether I had breached any of my undertakings.
The circumstances under which I agreed to give the undertakings – on 2 October 2009 following legal advice from Kirwans – were also deemed irrelevant. The fact that the only alternative I was faced with was to face a full-blown libel trial, up against the legal firepower of Carter-Ruck and with no Legal Aid for defamation cases, was also ruled irrelevant.
Michael Gunnill’s evidence was that he obtained the ’60 Reasons’ book from me purely to make himself some money. He said he had asked the Editor of the Sunday Express if he would be interested in running a story on Tony Benentt breaking his undertakings. He said that the Editor said ‘Yes’, and so he tried to get a book from me by subterfuge. Having done so, the Editor never ran the story so he never got paid. On this forum, Mr Gunnill claimed to have received the book on 4 February 2010, but in his Affidavit he said it was on 1 February. He could not explain the discrepancy.
In her Affidavit, Ms Martorell had said on oath that ‘Madeleine was abducted’. She conceded that she had been told that but didn’t know whether or not that was true. Her information came from her clients.
The one ray of hope was that Mr Justice Tugendhat said that many of the issues I sought to raise would become relevant at a subsequent hearing at which I shall be applying to lift the stay on the libel proceedings – and (hopefully) then be able to argue the case to lift the undertakings. This hearing will not release me from my undertakings and it has been spelled out to me that unless and until the undertakings are lifted, I must not give my opinion on what may have happened to Madeleine.
The support at the Court was briliant – thanks so much to all who came.
Especial thanks to Enid O’Dowd, the accountant who wrote up an excellent analysis of the Fund. She flew over from the Irish Republic to help me. She was not allowed to be a witness for me at today’s hearing, because Mr Justice Tugendhat deemed it irrelevant to the issues he had to decide. He did however say that her evidence might well be relevant at a future hearing.
There were 5 journalists present during various parts of the proceedings.
It all seems very very unjust”
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MADELEINE MCCANN PARENTS WANT JAIL FOR EX-SOLICITOR’S ‘SLUR’
ABOVE: The parents of Madeleine McCann, Gerry and Kate, are mobbed by reporters
“Enough is enough”
6th February 2013
By Daily Star reporter
MADELEINE McCann’s parents yesterday asked a judge to jail a retired solicitor who has repeatedly accused them of covering up her death.
Doctors Kate and Gerry McCann, both 44, claim Tony Bennett, 65, is in contempt of court for breaching promises that he would not repeat the allegations.
After a number of attempts to stop the harassment their solicitor Isabel Martorell told Mr Justice Tugendhat at the High Court in London: “Enough is enough.’’
She said the case, which was due to start last month, had been adjourned while talks on a settlement between the two sides were on-going.
The lawyer said they had taken action against some other people but the couple “try as far as possible to turn the other cheek”.
Mr Bennett told the judge the McCanns were powerless to stop others making the same allegations as him.
Then-three-year-old Madeleine vanished from the couple’s Portuguese holiday apartment in 2007.
The hearing continues today.
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