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Disappeared and Abducted Children and Young Adults => Madeleine McCann (3) disappeared from her parent's holiday apartment at Ocean Club, Praia da Luz, Portugal on 3 May 2007. No trace of her has ever been found. => Topic started by: Robittybob1 on January 17, 2018, 10:13:03 PM

Title: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 17, 2018, 10:13:03 PM
Did false memory syndrome play a part in the McCann case?

"The false memory syndrome: Experimental studies and comparison to confabulations" https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3143501/

What can we say about this?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 04:25:58 AM
https://youtu.be/PB2OegI6wvI
"How reliable is your memory? | Elizabeth Loftus"

If you are not a little disturbed what this researcher tells us you might have a short memory!
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 06:43:54 AM



Here's an article I'd found interesting on the fallibility of eye witness testimony / false memory recall:
http://news.bbc.co.uk/2/hi/uk_news/magazine/8617945.stm

It took a while to find the actual video as the link was dead:

and here:
http://www.open.edu/openlearn/body-mind/psychology/misidentification-can-you-identify-the-criminal

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 08:16:38 AM
it is interesting to see Jane was aware her memories were being altered by the post event information, but she was not able to identify her first memory but just said refer to her first statement.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 09:31:28 AM
Some years ago, an event took place that was important to someone and I was asked a series of non-leading questions to see if I had potentially witnessed something. This was about 9-10 months after the event, possibly even a year. As it turned out, I was able to spontaneously recall the details in question (and, at the time, I had absolutely no idea why the person was asking me). I'm not normally terribly observant, but of the two related details in question, there was one detail that was familiar to me and another that I'd found an odd choice.

Now, many years later, I can no longer visualise the details in my mind's eye (the live memory) and can only remember the description that I gave, if that makes any sense. I do still have a live memory of other details (of a more experiential nature), but not of those two details.

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 10:12:59 AM
Memory is hard to explain.   If things get a bit tricky a witness can just claim they can't remember.  Well that is my paranoia coming through, if they say they can't remember I tend to think they are just saying that rather than explaining what really happened.   
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 11:03:25 AM

Becky Milne explains the cognitive interview
Updated Friday 9th April 2010

Dr Becky Milne, Principal Lecturer at the Institute of Criminal Justice Studies at the University of Portsmouth, explains the technique of cognitive interviewing.


http://www.open.edu/openlearn/body-mind/psychology/becky-milne-explains-the-cognitive-interview
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 18, 2018, 01:52:18 PM

In my opinion false memory syndrome played an inordinate amount of influence in Madeleine's case. 

Mr Smith's mistaken identification of Gerry which was subject to exactly the same influences which affected Mr McCluskey's mistaken identification of both Kate and Gerry has become the stuff of internet legend (one has, the other tends to be ignored).
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 18, 2018, 02:22:00 PM
it is interesting to see Jane was aware her memories were being altered by the post event information, but she was not able to identify her first memory but just said refer to her first statement.

I'm sure Jane could recall her initial memory but gave that answer for several reasons
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 03:26:27 PM
I've never heard a logical explanation as to why Jane would have invented Tannerman...

She states that she was given a cognitive interview, and I posted a link (post #6) to what cognitive interviews involve.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Miss Taken Identity on January 18, 2018, 03:36:51 PM
I've never heard a logical explanation as to why Jane would have invented Tannerman...

She states that she was given a cognitive interview, and I posted a link (post #6) to what cognitive interviews involve.

I am not saying Jane didn't see a man carrying a child, she may have done. but what she didn't see was an abductor carrying off Maddie. this came later when someone mentioned abductor- Jane claims she saw it happen.

It is indeed strange that JT passed Gerry and Jez, and they never saw her!
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 18, 2018, 03:45:12 PM
I am not saying Jane didn't see a man carrying a child, she may have done. but what she didn't see was an abductor carrying off Maddie. this came later when someone mentioned abductor- Jane claims she saw it happen.

It is indeed strange that JT passed Gerry and Jez, and they never saw her!

It is even possible she got her time and day wrong. I agree there was too much discussion within the group which IMO led to a lot of statements which combined first hand observation and information gained and extrapolated from those discussions.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 04:14:01 PM
I am not saying Jane didn't see a man carrying a child, she may have done. but what she didn't see was an abductor carrying off Maddie. this came later when someone mentioned abductor- Jane claims she saw it happen.

It is indeed strange that JT passed Gerry and Jez, and they never saw her!

Yes, but I've often passed people who were busy chatting when I didn't particularly want to stop and chat for one reason or another and they didn't notice me.

It's not clear if she was wearing purple or not (unless Russ's polar thing was that colour... but no one seems to have asked what colour it was). Jes thought the woman he saw wearing purple was Jane, whether it was her or not isn't known.

She apparenntly hardly knew Gerry at the time, so why would she have wanted to give him an alibi? What evidence or even indication in the files is there that she may have wanted to give herself one?

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 18, 2018, 05:53:35 PM
The topic is - False memory syndrome - we are straying from it.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 18, 2018, 06:03:16 PM

Too much Opinion as Fact going on.  Please desist.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 06:19:11 PM
In my opinion false memory syndrome played an inordinate amount of influence in Madeleine's case. 

Mr Smith's mistaken identification of Gerry which was subject to exactly the same influences which affected Mr McCluskey's mistaken identification of both Kate and Gerry has become the stuff of internet legend (one has, the other tends to be ignored).

And the Murat "sightings".

In all these cases, false memories could be a factor as they were arguidos.

That doesn't seem to apply to Jane, though, at least not regarding who the man could have been.

A quite interesting article on the topic:
http://www.scholarpedia.org/article/False_memory



Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 08:15:33 PM
And the Murat "sightings".

In all these cases, false memories could be a factor as they were arguidos.

That doesn't seem to apply to Jane, though, at least not regarding who the man could have been.

A quite interesting article on the topic:
http://www.scholarpedia.org/article/False_memory
Would you be able to explain yourself a little more?

"In all these cases, false memories could be a factor as they were arguidos." 

"That doesn't seem to apply to Jane, though, at least not regarding who the man could have been." 

I'm a little lost on both of those sentences.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 08:40:40 PM
Would you be able to explain yourself a little more?

"In all these cases, false memories could be a factor as they were arguidos." 

"That doesn't seem to apply to Jane, though, at least not regarding who the man could have been." 

I'm a little lost on both of those sentences.

Murat had just been splashed on TV when the T3 (and a few others) became convinced that he was the person they saw that night. Either he was, or they've mistaken him for someone else. Could his arguido status have influenced their memories? Later, in his rog, Russ toyed with the idea that he might have been mistaken after all.

Jane doesn't appear to have been influenced by Murat's status (aside from deciding to call Bob Small to mention that the others believed they'd seen him, which isn't quite the same thing).

Mr Smith had just seen Gerry coming down the plane steps with a sleeping Sean when he suddenly thought he could have been the guy carrying the child that night. Gerry had just been made an arguido as well. Once that got clarified, it was the way the child was being carried that seemed to jog his memory, and somehow came to the conclusion that it could have been him, but it wasn't anything in particular about Gerry himself. Could he have been influenced by the sudden status?


Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 08:48:37 PM
Thanks Carana, I understand now, even though still I struggle with all of the Smith family's statements. 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 08:59:03 PM
Thanks Carana, I understand now, even though still I struggle with all of the Smith family's statements.

None of the kids thought it was Gerry and quite a few people around that night stated that they never saw Murat...
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 18, 2018, 09:24:27 PM
I think the best example of false memory is the Smith sighting... M S saw Gerry walking down the plane steps and that triggered his belief that the man he saw in Luz was Gerry
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 18, 2018, 09:35:12 PM
I think the best example of false memory is the Smith sighting... M S saw Gerry walking down the plane steps and that triggered his belief that the man he saw in Luz was Gerry

I find them all interesting. There are a few more. I think someone mentioned McCluskey earlier as well.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 18, 2018, 09:36:32 PM
I think the best example of false memory is the Smith sighting... M S saw Gerry walking down the plane steps and that triggered his belief that the man he saw in Luz was Gerry
The thing about false memories is that as an outsider you can't tell if it is true or false or whether these factors brought it on.  They have shown in studies it is possible to induce false memories, but I think that is all we can say, to limit the evidential value of the Smith sighting, that Martin Smith seeing Gerry leaving Portugal while being an arguido (thought by some as fleeing the country) carrying a child in his arms may have induced a false memory.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 18, 2018, 09:45:31 PM
The thing about false memories is that as an outsider you can't tell if it is true or false or whether these factors brought it on.  They have shown in studies it is possible to induce false memories, but I think that is all we can say, to limit the evidential value of the Smith sighting, that Martin Smith seeing Gerry leaving Portugal while being an arguido (thought by some as fleeing the country) carrying a child in his arms may have induced a false memory.


I think the Smith sighting is the most clear cut example
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 18, 2018, 10:14:55 PM
In my opinion false memory syndrome played an inordinate amount of influence in Madeleine's case. 

Mr Smith's mistaken identification of Gerry which was subject to exactly the same influences which affected Mr McCluskey's mistaken identification of both Kate and Gerry has become the stuff of internet legend (one has, the other tends to be ignored).

And Mrs Smith's agreement with her husband's identification? Collective mistaken identity perhaps ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 18, 2018, 10:50:44 PM
And Mrs Smith's agreement with her husband's identification? Collective mistaken identity perhaps ?

Well as MS now, says it wasn't Gerry it must have been mistaken... He didn't  even see his, face
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 18, 2018, 10:53:59 PM
And Mrs Smith's agreement with her husband's identification? Collective mistaken identity perhaps ?

It is called collective consciousness.
It is the principle on which electric fences around animal paddocks work.
They dont all have to "cop a jolt from the electrode" before they work out it's not a bright idea to lean against the fence.
Maybe Rob will start a thread on it?
 ?{)(**
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 18, 2018, 11:02:56 PM
Well as MS now, says it wasn't Gerry it must have been mistaken... He didn't  even see his, face

Where did Martin Smith say that ? Not in the now discredited Times article surely ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 18, 2018, 11:03:52 PM
It is called collective consciousness.
It is the principle on which electric fences around animal paddocks work.
They dont all have to "cop a jolt from the electrode" before they work out it's not a bright idea to lean against the fence.
Maybe Rob will start a thread on it?
 ?{)(**

Ah that'll be it Alice  @)(++(*
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 18, 2018, 11:54:03 PM
And Mrs Smith's agreement with her husband's identification? Collective mistaken identity perhaps ?

In the version of events I know about ... Mr Smith appears to be on his own with his memories.  Why else did Mrs Smith refuse to back him up officially by refusing to make a statement to that effect?
Why did everyone else disagree with his change of statement ... even the perspicacious Aoife?  Certainly nowhere near a collective but I would say more a case of false memory syndrome.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 19, 2018, 12:08:31 AM
In the version of events I know about ... Mr Smith appears to be on his own with his memories.  Why else did Mrs Smith refuse to back him up officially by refusing to make a statement to that effect?
Why did everyone else disagree with his change of statement ... even the perspicacious Aoife?  Certainly nowhere near a collective but I would say more a case of false memory syndrome.

As to why Mrs Smith didn't make another statement there could be several reasons and speculation that it was because she didn't agree with her husband is just that, speculation and as to why none of the rest of the holiday party agreed with him I have no idea but, as we are constantly told by supporters, eye witness testimony is notoriously unreliable.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 19, 2018, 12:32:36 AM
As to why Mrs Smith didn't make another statement there could be several reasons and speculation that it was because she didn't agree with her husband is just that, speculation and as to why none of the rest of the holiday party agreed with him I have no idea but, as we are constantly told by supporters, eye witness testimony is notoriously unreliable.

It is not speculation that Mrs Smith refused to alter her statement ... nor is it speculation that no other witnesses in his party agreed with Mr Smith.
The only other person who did agree with him being Mr McCluskey who watched the same news broadcast and arrived at exactly the same erroneous conclusion that Mr Smith did.  Which in my opinion makes the alterations to their original statements by these witnesses if not notorious most certainly ... unreliable.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 19, 2018, 07:24:13 AM
It is not speculation that Mrs Smith refused to alter her statement ... nor is it speculation that no other witnesses in his party agreed with Mr Smith.
The only other person who did agree with him being Mr McCluskey who watched the same news broadcast and arrived at exactly the same erroneous conclusion that Mr Smith did.  Which in my opinion makes the alterations to their original statements by these witnesses if not notorious most certainly ... unreliable.
He says initially the woman spoke Portuguese, the Police said they were Ukrainians so she could hardly become Kate McCann a a later date.  The women may lookalike but unless Kate has the hidden talent of speaking Portuguese it wasn't her IMO.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: G-Unit on January 19, 2018, 07:35:47 AM
It is not speculation that Mrs Smith refused to alter her statement ... nor is it speculation that no other witnesses in his party agreed with Mr Smith.
The only other person who did agree with him being Mr McCluskey who watched the same news broadcast and arrived at exactly the same erroneous conclusion that Mr Smith did.  Which in my opinion makes the alterations to their original statements by these witnesses if not notorious most certainly ... unreliable.

The difference being that the couple seen by the McCluskey's were identified and eliminated. None of the investigators have been able to find, identify or eliminate Smithman. 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 08:53:25 AM
I can't help but wonder...
Have the Smith family been reinterviewed & given new statements to Operation Grange, like Kate & Gerry haven't.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 19, 2018, 09:43:04 AM
I can't help but wonder...
Have the Smith family been reinterviewed & given new statements to Operation Grange, like Kate & Gerry haven't.

We were told from the beginning that SY would not be giving a running commentary on their investigations.

Any suggestion that SY officers would sit pondering over anything at all which could be clarified or established by speaking again to witnesses - and then not do that -  is nonsense IMO.    It is only armchair detectives who don't have that ability.

AIMHO

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: barrier on January 19, 2018, 10:22:10 AM
We were told from the beginning that SY would not be giving a running commentary on their investigations.

Any suggestion that SY officers would sit pondering over anything at all which could be clarified or established by speaking again to witnesses - and then not do that -  is nonsense IMO.    It is only armchair detectives who don't have that ability.

AIMHO

Yet armchair detective theories on how an abduction could have occurred  are actively encouraged and supported,hmmm.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 19, 2018, 10:38:49 AM
I can't help but wonder...
Have the Smith family been reinterviewed & given new statements to Operation Grange, like Kate & Gerry haven't.

Lots of people could have been informally interviewed for any outstanding details for further clarification if needed, presumably including K & G. Clarifying the odd detail to check on doesn't necessarily involve being hauled to a police station in the UK, does it?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 10:40:08 AM


This is an interesting thread...

http://miscarriageofjustice.co/index.php?topic=7204.0
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 19, 2018, 10:41:03 AM
It is not speculation that Mrs Smith refused to alter her statement ... nor is it speculation that no other witnesses in his party agreed with Mr Smith.
The only other person who did agree with him being Mr McCluskey who watched the same news broadcast and arrived at exactly the same erroneous conclusion that Mr Smith did.  Which in my opinion makes the alterations to their original statements by these witnesses if not notorious most certainly ... unreliable.

Of course it's not speculation but the reasons for those decisions is.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 19, 2018, 10:45:29 AM
Yet armchair detective theories on how an abduction could have occurred  are actively encouraged and supported,hmmm.

As this is a forum dedicated to debating the McCann case there will obviously be theories from both sides which are encouraged and supported.   What is there to hmmmmm about in that?

I was just pointing out the difference between us and SY detectives when it comes to interviewing or re -interviewing witnesses.    They can - we can't.     

 There are times when I get the impression that some folk think SY officers are in exactly the same position as the rest of us when it comes to how they investigate this case.   Clearly they are not.

AIMHO

 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 19, 2018, 10:51:43 AM
I can't help but wonder...
Have the Smith family been reinterviewed & given new statements to Operation Grange, like Kate & Gerry haven't.
You do not know as a fact that Kate and Gerry have not been interviewed..... I would say that the definitely  would have Bern
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 10:54:22 AM
You do not know as a fact that Kate and Gerry have not been interviewed..... I would say that the definitely  would have Bern

I would say that they haven't.

And Mr Rowleys comments, suggest they haven't.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 19, 2018, 11:01:54 AM
In the version of events I know about ... Mr Smith appears to be on his own with his memories.  Why else did Mrs Smith refuse to back him up officially by refusing to make a statement to that effect?
Why did everyone else disagree with his change of statement ... even the perspicacious Aoife?  Certainly nowhere near a collective but I would say more a case of false memory syndrome.

In the version I know about Mrs Smith said and I paraphrase:
"I have nothing to add so p**s off Sooty".
Which is some distance from your version.
On which version I wonder will the sportsmen lay their purses?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 19, 2018, 11:26:05 AM
I would say that they haven't.

And Mr Rowleys comments, suggest they haven't.

Mr rowleys comment does not suggest they haven't... He says, they haven't  been interviewed under caution... Not that they haven't  been interviewed
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 19, 2018, 11:52:09 AM
In the version I know about Mrs Smith said and I paraphrase:
"I have nothing to add so p**s off Sooty".
Which is some distance from your version.
On which version I wonder will the sportsmen lay their purses?

There is nothing objective to establish context in the accessible files for the moment.

A possibility, however, is that Mr Smith, Sr., had a sudden recollection of how the child was carried, based on watching the news of Gerry coming down the plane with a sleeping Sean. A disturbing thought. He could have discussed the possibility with his wife and whether or not he should mention it to the police. Wife thinks, "Well, you never know, could be. Go ahead and ring. No harm done." Meanwhile, he's left with this dilemma: to ring or not to ring. He did.

Grandad did check with his children, who didn't think it was him and he also pointed that out.

In the same circumstances, I probably would have done as well - just on the off-chance that it could have been, based on a vague recollection. And then it's up to the police to work it out.

In theory.

I doubt that he expected that confidential doubt to end up splashed all over the media... and later exaggerated by the coordinator.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 19, 2018, 12:17:28 PM
None of the kids thought it was Gerry and quite a few people around that night stated that they never saw Murat...

It is hard from the statements to tell if they thought it wasn’t Gerry or if they just couldn’t clearly identify smithman.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Admin on January 19, 2018, 12:35:11 PM
A reminder to all posters that appropriate language should be used when commenting.  Far too many posts still require moderator intervention so please consider carefully what you post.  It is always useful to deploy the preview option before making your comments public.

I do not want to stifle debate but if individual members continue to flaunt our rules I will intercede.

Duty Admin
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 19, 2018, 01:57:26 PM
It is hard from the statements to tell if they thought it wasn’t Gerry or if they just couldn’t clearly identify smithman.

Being unable to clearly identify someone  excludes nobody.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 19, 2018, 02:18:08 PM
He says initially the woman spoke Portuguese, the Police said they were Ukrainians so she could hardly become Kate McCann a a later date.  The women may lookalike but unless Kate has the hidden talent of speaking Portuguese it wasn't her IMO.

The PJ had checked out Mr and Mrs McCluskey's concerns at the time and found them to be without foundation ... but Mr McCluskey and Mr Smith were almost word for word in their reaction to the news broadcast featuring Gerry carrying his son.

Both witnesses had seen a man carrying a child and in my opinion had a false memory of the event on seeing the man in the case they had both being following and who was therefore very familiar to them, and transferred him into the memory of their experience.
Possibly so, as a result of his arguido status.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 19, 2018, 02:24:04 PM
I would say that they haven't.

And Mr Rowleys comments, suggest they haven't.

When was "innocent dad man" interviewed?  I don't think there is the slightest doubt he was.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 03:05:18 PM
When was "innocent dad man" interviewed?  I don't think there is the slightest doubt he was.

1) Frankly my dear, I don't....

& 2) Yes there is some doubt, as I personally, believe he is a creation of false memory.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 19, 2018, 03:07:37 PM
1) Frankly my dear, I don't....

& 2) Yes there is some doubt, as I personally, believe he is a creation of false memory.

Who by? Potential Crècheman and his wife? By the Met?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 03:17:57 PM
Who by? Potential Crècheman and his wife? By the Met?

I believe Jane Tanner saw a man & child, but that she knew both, & they weren't where she said they were.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 19, 2018, 03:28:23 PM
I believe Jane Tanner saw a man & child, but that she knew both, & they weren't where she said they were.

Ok. That's novel. Anything to back that up?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 03:32:34 PM
1) Frankly my dear, I don't....

& 2) Yes there is some doubt, as I personally, believe he is a creation of false memory.

I think we all know that by now, that you don't give a damn.  Sadly, you never back up your theories.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 03:37:09 PM

I reserve the right to believe as I wish, & explain only if I feel like it.

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 19, 2018, 04:00:13 PM
I reserve the right to believe as I wish, & explain only if I feel like it.

Ok, but most of us on here spend time digging out cites or at least giving reasons, whether anyone else agrees with the reasoning or not.

I thought that perhaps you had found evidence to substantiate that idea.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 04:06:02 PM
I reserve the right to believe as I wish, & explain only if I feel like it.

You are required by this Forum to state that these are only your opinions, unless you can provide proof.

This Forum is not a bear garden, and it is never going to be.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 04:19:03 PM
You are required by this Forum to state that these are only your opinions, unless you can provide proof.

This Forum is not a bear garden, and it is never going to be.

If you read back you'll notice I said 'I believe'.... which pretty much translates to 'my opinion is'.

At least, I believe it does.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 19, 2018, 04:59:11 PM
Hmmm.
It becomes more and more like The Chequers at Rush Green with every passing day.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 05:06:21 PM
According to Paul Moyes, Kate screamed...

'THE F***ING B******S HAVE TAKEN HER' Kate McCann’s tormented screams on night Madeleine went missing revealed by witnesses who told how Gerry sobbed on pals shoulder and frantic friends launched search

https://www.thesun.co.uk/news/3428088/kate-mccann-scream-night-madeleine-went-missing/
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 19, 2018, 05:12:54 PM
According to Paul Moyes, Kate screamed...

'THE F***ING B******S HAVE TAKEN HER' Kate McCann’s tormented screams on night Madeleine went missing revealed by witnesses who told how Gerry sobbed on pals shoulder and frantic friends launched search

https://www.thesun.co.uk/news/3428088/kate-mccann-scream-night-madeleine-went-missing/

Come come. You know this will be just passed off as false memory, the buzz word for January
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 05:21:49 PM
According to Paul Moyes, Kate screamed...

'THE F***ING B******S HAVE TAKEN HER' Kate McCann’s tormented screams on night Madeleine went missing revealed by witnesses who told how Gerry sobbed on pals shoulder and frantic friends launched search

https://www.thesun.co.uk/news/3428088/kate-mccann-scream-night-madeleine-went-missing/

That's your proof, is it?  You have just committed Libel.  Silly Billy.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 19, 2018, 05:23:48 PM
No, surely if it were libel Kate would have sued the Sun for printing it in the first place.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 05:25:12 PM
...and what they get up to!

Indeed!
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 19, 2018, 05:27:11 PM
That's your proof, is it?  You have just committed Libel.  Silly Billy.
How Eleanor?  It seems to be a quote from a newspaper article.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 05:33:09 PM
How Eleanor?  It seems to be a quote from a newspaper article.

The newspaper article was Libellous  Repeated Libel is Libel.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 19, 2018, 05:39:18 PM
The newspaper article was Libellous  Repeated Libel is Libel.

Was the Sun taken to court, or retract and offer an apology ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 19, 2018, 05:51:11 PM
'They've taken her'

Nanny Charlotte Pennington confirms that Kate McCann did scream: "They've taken her, they've taken her!"

http://www.dailymail.co.uk/news/article-483715/Kate-McCann-DID-scream-Theyve-taken-claims-new-nanny-witness.html


'The f....ing b......s have taken her'

https://www.thesun.co.uk/news/3428088/kate-mccann-scream-night-madeleine-went-missing/


These are two examples where witnesses hear Kate talk of Maddie's snatcher in plural.

I believe that these comments tie in with Graham McKenzies statement

'I was in the end garden when I heard a male voice, he sounded distraught his voice cracking with emotion. I looked to see who I now know to be Gerry McCann stood above me on the balcony/patio about 3 metres away speaking on a mobile phone. I cannot recall his exact words but I got the impression that he was speaking to perhaps a family member or someone he was very close to due to the nature of his conversation.

He said something along the lines of there being Paedophile gangs in Portugal and that they had abducted Madeleine. I was so shocked by this, having originally thought that she had just wandered off.'


Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 06:19:54 PM
Was the Sun taken to court, or retract and offer an apology ?

I have no idea.  Do you?  Probably not.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 19, 2018, 06:27:19 PM
I have no idea.  Do you?  Probably not.

Quite right, so probably not libel, otherwise we would have heard and someone would able to provide a cite.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 19, 2018, 06:28:00 PM
I have no idea.  Do you?  Probably not.

I can clear that one up, they didn't.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 19, 2018, 06:29:17 PM
Quite right, so probably not libel, otherwise we would have heard and someone would able to provide a cite.

Not all things come to good.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 20, 2018, 09:54:30 AM
Being unable to clearly identify someone  excludes nobody.

Open to interpretation, I suppose.

During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. Martin Smith

I take that as meaning that they didn't think it was him, otherwise he could have said that any of the others wasn't sure either way.

There's an audio recording of Peter, interviewed quite some time later. Not sure where to find that now.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 20, 2018, 10:00:16 AM
Open to interpretation, I suppose.

During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. Martin Smith

I take that as meaning that they didn't think it was him, otherwise he could have said that any of the others wasn't sure either way.

There's an audio recording of Peter, interviewed quite some time later. Not sure where to find that now.

But none of them said that it wasn't him. Not being sure isn't an exclusion.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 20, 2018, 10:21:22 AM
But none of them said that it wasn't him. Not being sure isn't an exclusion.

Good grief  - this is taking nitpicking to whole new level IMO.   He rang all of his family to tell them what he now thought having seen Gerry carrying Sean on TV  - and not one of them felt the same as he did - and told him so.    IOW - they all disagreed with him.   Full stop.

IMO

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 20, 2018, 10:43:34 AM
Good grief  - this is taking nitpicking to whole new level IMO.   He rang all of his family to tell them what he now thought having seen Gerry carrying Sean on TV  - and not one of them felt the same as he did - and told him so.    IOW - they all disagreed with him.   Full stop.

IMO
Not quite all of them disagreed, his wife agreed.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Mr Gray on January 20, 2018, 10:44:00 AM
5 mods and two posters online
No wonder this forum is now being referred to as the joke forum
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 20, 2018, 10:47:25 AM
5 mods and two posters online
No wonder this forum is now being referred to as the joke forum
It takes a lot of effort to get some people to comply with the rules!
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 20, 2018, 11:17:36 AM
Good grief  - this is taking nitpicking to whole new level IMO.   He rang all of his family to tell them what he now thought having seen Gerry carrying Sean on TV  - and not one of them felt the same as he did - and told him so.    IOW - they all disagreed with him.   Full stop.

IMO

So you extrapolate not felt the same to disagree?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 20, 2018, 11:30:25 AM
So you extrapolate not felt the same to disagree?

Martin Smith told his family that he felt/thought that it could have been Gerry they saw in PdL.  Apart from his wife,   his family told him they did not feel/think the same as he did.     IOW unlike him  - they did not feel/think it was Gerry they saw in Pdl.     What is there to not understand in that?
IMO
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Wonderfulspam on January 20, 2018, 12:03:13 PM
Open to interpretation, I suppose.

During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. Martin Smith

I take that as meaning that they didn't think it was him, otherwise he could have said that any of the others wasn't sure either way.

There's an audio recording of Peter, interviewed quite some time later. Not sure where to find that now.

Where a Sky News reporter is on the phone talking to Peter, who was not shown. it was around the time of the e-fit release, I believe.

I recall Peter stressing that, it had to be her...

He seemed quite certain the child was Maddie imo.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 20, 2018, 12:08:49 PM
But none of them said that it wasn't him. Not being sure isn't an exclusion.

So the "only other person" who agreed doesn't exclude the others, in your view?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 20, 2018, 12:27:06 PM
So the "only other person" who agreed doesn't exclude the others, in your view?

There is a difference between “couldn’t identify” and “identified as not being” both of which could be termed “didn’t agree”.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Angelo222 on January 20, 2018, 02:37:40 PM
5 mods and two posters online
No wonder this forum is now being referred to as the joke forum

You are off topic but I let your post stand so that I could answer it. Mods don't have a rota, they choose when to be online so it can happen that mods outnumber registered members occasionally so your comment is unwarranted, inaccurate and most certainly unwelcome.  I suggest you think long and hard before repeating such a nasty comment on a forum which has bent over backwards to accommodate your 22,000+ posts.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Admin on January 20, 2018, 03:38:02 PM
Yesterdays warnings as to inappropriate posting appears to have been lost on some members so I have instructed moderators to apply maximum sanctions against any member who continues to flaunt the forum rules. There will be no appeal against these sanctions.  In the worst cases the appropriate account will be deleted permanently.

No further warning will be given!

Admin
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 20, 2018, 05:48:12 PM
I can clear that one up, they didn't.

The defamation laws changed in 2013 which sems to have escaped some peoples attention...
How many writs of defamation in respect of this case were actually heard by a judge and ruled as libelous by the courts?
As opposed to the massed ranks of the very rich press saying let's settle out of court ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 20, 2018, 06:39:09 PM
The defamation laws changed in 2013 which sems to have escaped some peoples attention...
How many writs of defamation in respect of this case were actually heard by a judge and ruled as libelous by the courts?
As opposed to the massed ranks of the very rich press saying let's settle out of court ?

I can't recall any in the UK that involved a trial.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 20, 2018, 06:40:47 PM
I can't recall any in the UK that involved a trial.

Only a pretendy one with a photo-shoot on the steps of the High Court
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 20, 2018, 06:51:44 PM
Only a pretendy one with a photo-shoot on the steps of the High Court

Was that the sartorial elegance jobby?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 20, 2018, 07:15:04 PM
Was that the sartorial elegance jobby?

I think so, but I can't remember a full-blown trial. If there had been one, it would have been dissected to death.


http://www.telegraph.co.uk/news/newstopics/madeleinemccann/3209361/Tapas-Seven-accept-damages-in-Madeleine-McCann-case.html

Murat, Michaela and Malinka also got a pay-out from the UK media, but I don't remember a trial, either. Just a pic in front of a court house.

https://www.theguardian.com/media/2008/jul/17/medialaw.pressandpublishing
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 20, 2018, 07:19:53 PM
I think so, but I can't remember a full-blown trial. If there had been one, it would have been dissected to death.


http://www.telegraph.co.uk/news/newstopics/madeleinemccann/3209361/Tapas-Seven-accept-damages-in-Madeleine-McCann-case.html

Murat, Michaela and Malinka also got a pay-out from the UK media, but I don't remember a trial, either. Just a pic in front of a court house.

https://www.theguardian.com/media/2008/jul/17/medialaw.pressandpublishing

They were both settled out of court.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 20, 2018, 07:49:53 PM
They were both settled out of court.

Which means both side relinquish the right to get the case tried in law.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 20, 2018, 08:26:45 PM
Only a pretendy one with a photo-shoot on the steps of the High Court
That would send the right message to some.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 20, 2018, 08:33:10 PM
That would send the right message to some.

No doubt. Including the many media outlets that weren't sued.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 20, 2018, 09:12:31 PM
Which means both side relinquish the right to get the case tried in law.

Indeed.
Furthermore in the event something the plaintiff relied upon was hooky the defendant has redress to have his ackers returned.
See Lance Armstrong v The Sunday Times.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 20, 2018, 09:18:58 PM
Indeed.
Furthermore in the event something the plaintiff relied upon was hooky the defendant has redress to have his ackers returned.
See Lance Armstrong v The Sunday Times.

Probably only if it had gone to trial?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: G-Unit on January 20, 2018, 09:36:29 PM
Probably only if it had gone to trial?

There were a few out of court settlements, weren't there? Wasn't Amaral given the chance to take that option also? He didn't do it though.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 20, 2018, 09:40:04 PM
There were a few out of court settlements, weren't there? Wasn't Amaral given the chance to take that option also? He didn't do it though.
He was a tough nut.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 20, 2018, 09:41:44 PM
Probably only if it had gone to trial?

Dunno!
I would have thought that The Fraud Act 2006 might have provided a happy hunting ground in the Amstrong case.
The only thing I know for sure is the Times agreed a settlement and are still wiping the smile off their face.
It is also bizarre that The TdF had two Centenary Races. 2003 and 2013. I have the official 2003 Centenary Book Mr A. won the 2003 event and Mr Froome the 2013.......oh well the best laid plans of mice and men and all that.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: G-Unit on January 20, 2018, 10:10:58 PM
He was a tough nut.

He sure was, and his situation wasn't the same as the newspaper's.  He, like the McCanns, was fighting on a personal level.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 20, 2018, 10:37:32 PM
(http://i.telegraph.co.uk/multimedia/archive/00659/news-graphics-2008-_659609a.jpg)

What all of this has to do with false memory syndrome I have no idea, however in the spirit of if you can't beat 'em ...

Snip
Roy Greenslade, professor of journalism at City University London, said the apology was unprecedented and that it was significant that the newspapers had settled out of court.

"It shows just how culpable they were that they didn't even try to fight the action in court," he told BBC radio.
http://www.telegraph.co.uk/news/uknews/1582175/Papers-apologise-to-Madeleine-McCann-parents.html
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 21, 2018, 12:34:10 AM
(http://i.telegraph.co.uk/multimedia/archive/00659/news-graphics-2008-_659609a.jpg)

What all of this has to do with false memory syndrome I have no idea, however in the spirit of if you can't beat 'em ...

Snip
Roy Greenslade, professor of journalism at City University London, said the apology was unprecedented and that it was significant that the newspapers had settled out of court.

"It shows just how culpable they were that they didn't even try to fight the action in court," he told BBC radio.
http://www.telegraph.co.uk/news/uknews/1582175/Papers-apologise-to-Madeleine-McCann-parents.html

And rightly so. The Express published some truly awful articles with little or no foundation.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 21, 2018, 07:37:30 AM
And rightly so. The Express published some truly awful articles with little or no foundation.

Always interesting to read what the newspaper retracted in each case and compare with what CR say.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: G-Unit on January 21, 2018, 08:18:30 AM
In my opinion false memory syndrome played an inordinate amount of influence in Madeleine's case. 

Mr Smith's mistaken identification of Gerry which was subject to exactly the same influences which affected Mr McCluskey's mistaken identification of both Kate and Gerry has become the stuff of internet legend (one has, the other tends to be ignored).

As long as the man seen by the Smiths remains unidentified stating that Mr Smith was mistaken is an opinion, isn't it?

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 21, 2018, 10:03:19 AM
As long as the man seen by the Smiths remains unidentified stating that Mr Smith was mistaken is an opinion, isn't it?
I have a recollection of the PJ determining Mr Smith was mistaken in thinking Smithman was Gerry.  If that is true I'd say that is a "fact" and no longer Brietta's opinion.  If you disagree that is your opinion.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: barrier on January 21, 2018, 10:15:04 AM
I have a recollection of the PJ determining Mr Smith was mistaken in thinking Smithman was Gerry.  If that is true I'd say that is a "fact" and no longer Brietta's opinion.  If you disagree that is your opinion.

Then a cite to the recollection would resolve it.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 21, 2018, 10:26:32 AM
Then a cite to the recollection would resolve it.
If only it was as easy as that. 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Carana on January 21, 2018, 11:03:39 AM
If only it was as easy as that.

Not sure what you're thinking of.

There's this from Pedro do Carmo:

Do you think it was a mistake to have the McCann couple constituted as arguidos in September 2007?

Obviously, I will not answer that question. But what I can say, just as I did back in 2011 and 2013, is that Maddie's parents are not suspects. That statement remains: the parents are not suspects. Period.

in Expresso, May 2, 2017

https://joana-morais.blogspot.ch/2017/05/pedro-do-carmo-maddies-parents-are-not.html

And the extract from an interview with him on Panorama:


That's not directly in reference to Martin Smith, clearly, but I can't think of any scenario in which they could still believe that MS was correct, but in which Gerry wouldn't be a suspect.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 21, 2018, 01:45:25 PM
Not sure what you're thinking of.

There's this from Pedro do Carmo:

Do you think it was a mistake to have the McCann couple constituted as arguidos in September 2007?

Obviously, I will not answer that question. But what I can say, just as I did back in 2011 and 2013, is that Maddie's parents are not suspects. That statement remains: the parents are not suspects. Period.

in Expresso, May 2, 2017

https://joana-morais.blogspot.ch/2017/05/pedro-do-carmo-maddies-parents-are-not.html

And the extract from an interview with him on Panorama:


That's not directly in reference to Martin Smith, clearly, but I can't think of any scenario in which they could still believe that MS was correct, but in which Gerry wouldn't be a suspect.

http://www.telegraph.co.uk/news/worldnews/1560117/McCanns-heartened-not-to-be-suspects.html

'Kate and Gerry McCann have said they are "heartened" by an assurance from Portuguese police that they are not being considered suspects in the search for their missing daughter Madeleine.'

'Chief Inspector Olegario Sousa told the BBC that fresh evidence had given new "intensity" to the possibility that she had been killed but confirmed that the McCanns were not suspects.'

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 21, 2018, 02:34:32 PM
(http://i.telegraph.co.uk/multimedia/archive/00659/news-graphics-2008-_659609a.jpg)

What all of this has to do with false memory syndrome I have no idea, however in the spirit of if you can't beat 'em ...

Snip
Roy Greenslade, professor of journalism at City University London, said the apology was unprecedented and that it was significant that the newspapers had settled out of court.

"It shows just how culpable they were that they didn't even try to fight the action in court," he told BBC radio.
http://www.telegraph.co.uk/news/uknews/1582175/Papers-apologise-to-Madeleine-McCann-parents.html

Bearing in mind how CFAs work it could be the press pitched the offer in exactly the right place.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Miss Taken Identity on January 21, 2018, 02:39:44 PM
Bearing in mind how CFAs work it could be the press pitched the offer in exactly the right place.

Nice round number eh?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 02:59:07 PM
As long as the man seen by the Smiths remains unidentified stating that Mr Smith was mistaken is an opinion, isn't it?

The Policia Judiciaria certainly thought Mr Smith's addition to his statement was on a par with Mr McKluskey's addition to his after investigating both and finding the evidence proved the contrary.
Who do you know capable of the phenomenon of bi-location else why would you bring the PJ assessment into question? 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 03:01:49 PM
Then a cite to the recollection would resolve it.

http://www.mccannpjfiles.co.uk/PJ/P_J_FINAL_REPORT.htm
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 21, 2018, 03:03:38 PM
Nice round number eh?

A nice round one that makes saying "nah it's not enough we'll see you in court for more" very flaky on the financial front wrt who becomes liable for the plaintiffs costs beyond the point of refusal then going to court only to be awarded less than the offer that was turned down.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Eleanor on January 21, 2018, 03:08:46 PM

The Media paid up.  Damages and Court Costs.  Why do that if they thought they could getaway with it.?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 21, 2018, 03:20:19 PM
Nothing is certain in law, so, having been caught out,  newspaper was going to go for cheapest , low risk option.
Probably  recouped the costs in increased circulation
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Miss Taken Identity on January 21, 2018, 03:26:37 PM
Nothing is certain in law, so, having been caught out,  newspaper was going to go for cheapest , low risk option.
Probably  recouped the costs in increased circulation

Indeed, Happened to my Brother in Law, he was offered £ 120k  out of court -  ended up going to court to get £75k and had to pay part costs.

Also, if you are not so sure, lawyers will advise best to take your money and run...
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 03:45:48 PM
A nice round one that makes saying "nah it's not enough we'll see you in court for more" very flaky on the financial front wrt who becomes liable for the plaintiffs costs beyond the point of refusal then going to court only to be awarded less than the offer that was turned down.

The newspapers by their own admission, printed defamatory articles for which there was absolutely no evidence ... it is worth noting, that is against the law ... and had they refused to settle when given the opportunity, the penalties that would have been imposed upon them had they gone to court would have been of the utmost severity.  That is a fact and not only my opinion.

Any criticism of lawbreakers peddling acknowledged lies on front pages for months? ... we are members of the Justice forum after all and I would have imagined that in our mission statement would be our respect for the rule of law. Certainly not the anarchy of powerful newspaper groups selling copy based on defaming an innocent couple.
 



(http://newsimg.bbc.co.uk/media/images/44502000/jpg/_44502187_express_star_203pa.jpg)
The McCanns will receive a public apology, read in open court

Media lawyer Paul Gilbert, from Finers Stephens Innocent, said the courts encourage early settlement of defamation cases.

"Clearly the Express' lawyers felt this was a case they should settle without a high-profile trial - which it would be - and as a result have saved considerable costs," he said.

"It certainly is a warning sign to newspapers in the future - if they're going to speculate, they've got to be very careful about what they speculate about."
http://news.bbc.co.uk/1/hi/uk/7303801.stm
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 04:29:03 PM
Nothing is certain in law, so, having been caught out,  newspaper was going to go for cheapest , low risk option.
Probably  recouped the costs in increased circulation

I presume you missed the part of the Leveson inquiry which dealt with the media abuse suffered by Kate and Gerry McCann.
The Express Group amongst many others abused the power of the press to libel and defame ... in my opinion they knew they hadn't a leg to stand on as English Law is quite clear on that issue ... therefore you are correct they chose the path of least resistance because the alternative could have been disastrous for them.


The Real McCann Scandal
23 OCTOBER 2008
Brian Cathcart details how the British press set out to systematically destroy the parents of Madeleine

Snip
Error on this scale, involving hundreds of "completely untrue" news reports, published on front pages month after month in the teeth of desperate denials, can only be systemic. Judging by what appeared in print, it involved a reckless neglect of ethical standards, a persistent failure to apply even the most basic journalistic rigour, and plenty of plain cruelty.

No explanation has emerged besides the obvious one: that this was all done to sell newspapers. Seeing the scale of public interest, it looks as though editors were ready to publish stories, and reporters were ready to write them, even when they had no merit whatsoever.
https://www.newstatesman.com/law-and-reform/2008/10/madeleine-mccann-daily-british
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 21, 2018, 05:05:37 PM
I presume you missed the part of the Leveson inquiry which dealt with the media abuse suffered by Kate and Gerry McCann.
The Express Group amongst many others abused the power of the press to libel and defame ... in my opinion they knew they hadn't a leg to stand on as English Law is quite clear on that issue ... therefore you are correct they chose the path of least resistance because the alternative could have been disastrous for them.


The Real McCann Scandall
23 OCTOBER 2008
Brian Cathcart details how the British press set out to systematically destroy the parents of Madeleine

Snip
Error on this scale, involving hundreds of "completely untrue" news reports, published on front pages month after month in the teeth of desperate denials, can only be systemic. Judging by what appeared in print, it involved a reckless neglect of ethical standards, a persistent failure to apply even the most basic journalistic rigour, and plenty of plain cruelty.

No explanation has emerged besides the obvious one: that this was all done to sell newspapers. Seeing the scale of public interest, it looks as though editors were ready to publish stories, and reporters were ready to write them, even when they had no merit whatsoever.
https://www.newstatesman.com/law-and-reform/2008/10/madeleine-mccann-daily-british

I liked the bit in the link where it says...

Brian Cathcart is a director of Hacked Off...
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 05:45:19 PM
I liked the bit in the link where it says...

Brian Cathcart is a director of Hacked Off...

Brian Cathcart is also an expert on journalism and ethics which makes it worthwhile to give his opinion some consideration, at least I would have thought so.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 21, 2018, 06:59:29 PM
Brian Cathcart is also an expert on journalism and ethics which makes it worthwhile to give his opinion some consideration, at least I would have thought so.

He is a writer with an axe to grind.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 21, 2018, 07:07:07 PM
The Policia Judiciaria certainly thought Mr Smith's addition to his statement was on a par with Mr McKluskey's addition to his after investigating both and finding the evidence proved the contrary.
Who do you know capable of the phenomenon of bi-location else why would you bring the PJ assessment into question?

I shouldn't have to point this out again but here goes......there is not one independent witness who puts Gerry in the tapas bar at the time of the Smith sighting. Further if seven witnesses ( his friends ) gave Gerry an alibi for that time then it would have been very difficult for the PJ to prove otherwise.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: slartibartfast on January 21, 2018, 07:08:42 PM
I shouldn't have to point this out again but here goes......there is not one independent witness who puts Gerry in the tapas bar at the time of the Smith sighting. Further if seven witnesses ( his friends ) gave Gerry an alibi for that time then it would have been very difficult for the PJ to prove otherwise.

True.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 21, 2018, 07:12:53 PM
I shouldn't have to point this out again but here goes......there is not one independent witness who puts Gerry in the tapas bar at the time of the Smith sighting. Further if seven witnesses ( his friends ) gave Gerry an alibi for that time then it would have been very difficult for the PJ to prove otherwise.
Arlindo does he talks of 3 couples there and we know the only couple not there are Jane and Russell.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 09:26:14 PM
I shouldn't have to point this out again but here goes......there is not one independent witness who puts Gerry in the tapas bar at the time of the Smith sighting. Further if seven witnesses ( his friends ) gave Gerry an alibi for that time then it would have been very difficult for the PJ to prove otherwise.

In your opinion is that just something else to add to the list of things the Policia Judiciaria got wrong in Madeleine's case?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 21, 2018, 09:52:11 PM
In your opinion is that just something else to add to the list of things the Policia Judiciaria got wrong in Madeleine's case?

I think they had no choice.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 21, 2018, 10:05:21 PM
I think they had no choice.

You mean they followed the evidence then, and wrote their final report accordingly.  Bearing in mind they did not have to rely on 'false memory', dreams or pejorative press leaks, having to hand the information which it is reported they had to digitise and coordinate from the dishevelment they inherited. 
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 21, 2018, 10:11:36 PM
You mean they followed the evidence then, and wrote their final report accordingly.  Bearing in mind they did not have to rely on 'false memory', dreams or pejorative press leaks, having to hand the information which it is reported they had to digitise and coordinate from the dishevelment they inherited.

No I mean they had nine witnesses who said Gerry was in the tapas bar at the time of the Smith sighting, not independent witness but witnesses nonetheless. Any police force would have had difficulty breaking that alibi.

Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Alice Purjorick on January 21, 2018, 10:17:24 PM
In your opinion is that just something else to add to the list of things the Policia Judiciaria got wrong in Madeleine's case?

Let's start from a new premise.
Everything the PJ did was blx but they only did it for fourteen months +/_ before filing the case for want of evidence.
Everything that OG has done is "polished mahogany and naval brass" , has been for 7 years +/- and continuing for the immediate future even.

Case status............remains unsolved. Or to be precise no one has been charged with any offence wrt the childs disappearance.
Why should that be?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 22, 2018, 08:48:58 AM
Let's start from a new premise.
Everything the PJ did was blx but they only did it for fourteen months +/_ before filing the case for want of evidence.
Everything that OG has done is "polished mahogany and naval brass" , has been for 7 years +/- and continuing for the immediate future even.

Case status............remains unsolved. Or to be precise no one has been charged with any offence wrt the childs disappearance.
Why should that be?
Logic.  "Everything the PJ did was blx but they only did it for fourteen months +/_ before filing the case for want of evidence." Isn't going to help the case status.  IMO on what you wrote "blx".
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 22, 2018, 10:57:57 AM
I shouldn't have to point this out again but here goes......there is not one independent witness who puts Gerry in the tapas bar at the time of the Smith sighting. Further if seven witnesses ( his friends ) gave Gerry an alibi for that time then it would have been very difficult for the PJ to prove otherwise.

IMO the chances of seven normal people - of even average intelligence, agreeing to lie to the police and  give an alibi to someone who had told them their child was dead and they needed to dispose of the body are NIL imo.     They would all have to have been out of their minds to even consider it IMO.     This is a dead child they were supposedly talking about - not the demise of a pet goldfish.

Common sense please.

AIMHO
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 22, 2018, 11:54:20 AM
IMO the chances of seven normal people - of even average intelligence, agreeing to lie to the police and  give an alibi to someone who had told them their child was dead and they needed to dispose of the body are NIL imo.     They would all have to have been out of their minds to even consider it IMO.     This is a dead child they were supposedly talking about - not the demise of a pet goldfish.

Common sense please.

AIMHO

I don't believe some of the friends actively gave Gerry an alibi, some simply didn't appear to remember who went when.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Benice on January 22, 2018, 12:29:23 PM
I don't believe some of the friends actively gave Gerry an alibi, some simply didn't appear to remember who went when.

Gerry had only been missing for a few minutes longer than normal - and they all noticed and wondered what was keeping him  (he was talking to Jez).    The idea that he could have disappeared again so shortly after his return for long enough to dispose of the dead body of a child and no-one noticed his prolonged absence is a non-starter IMO.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 22, 2018, 12:41:41 PM
Gerry had only been missing for a few minutes longer than normal - and they all noticed and wondered what was keeping him  (he was talking to Jez).    The idea that he could have disappeared again so shortly after his return for long enough to dispose of the dead body of a child and no-one noticed his prolonged absence is a non-starter IMO.

DW believed both Gerry and Matt weren't at the table when she arrived at 9.

'- That night she judges to have arrived at the restaurant close to 21:00, in the company of the PAYNE couple.
- That, at that time, the whole group were at the restaurant. The witness did not recall, but thinks that perhaps Gerald and MATT had not been in the restaurant along with the other members of the group.'

 Gerry's 9.05pm check makes no sense if Matt has just listened at the window ( remember Gerry only intended to listen at the bedroom door). Wilkins gave a timeframe for his chat between 8.45 and 9.15. Matt's visit to 5a at 9.30 is all over the place.

9pm Gerry checks on children. Everything is fine. Chats to Wilkins on the way back to the tapas.
9.30pm. Gerry checks again, finds Madeleine missing from her bed.

IMO
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 22, 2018, 05:15:20 PM
DW believed both Gerry and Matt weren't at the table when she arrived at 9. Gerry's 9.05pm check makes no sense if Matt has just listened at the window ( remember Gerry only intended to listen at the bedroom door). Wilkins gave a timeframe for his chat between 8.45 and 9.15. Matt's visit to 5a at 9.30 is all over the place.

9pm Gerry checks on children. Everything is fine. Chats to Wilkins on the way back to the tapas.
9.30pm. Gerry checks again, finds Madeleine missing from her bed.

IMO
That is not what Dianne really says but it is how you understand it.   I thought it meant "by the time she got around to seeing who was there Matt and Gerry appear to have left the table".  She is not describing the very instant she arrives at the table.  Her memory for these matters is rather suspect as it was only during the 3rd interview that she recalls Matt passing them up by the apartments and she blames her memory for that lapse.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 22, 2018, 05:19:17 PM
That is not what Dianne really says but it is how you understand it.   I thought it meant "by the time she got around to seeing who was there Matt and Gerry appear to have left the table".  She is not describing the very instant she arrives at the table.  Her memory for these matters is rather suspect as it was only during the 3rd interview that she recalls Matt passing them up by the apartments and she blames her memory for that lapse.

According to the McCann narrative, Gerry did not leave the table until after Matt had returned and they had had a conversation.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 22, 2018, 05:31:21 PM
According to the McCann narrative, Gerry did not leave the table until after Matt had returned and they had had a conversation.

The narrative makes no sense. Matt listened at the window, five minutes later Gerry went to listen at the bedroom door.

From Madeleine Was Here :

'G: Yeah, I mean, I was saying this earlier, that at no point, other than that night, did I go stick my head in. That was the only time, because the door was like that. I mean, I knew how I’d left it.'

Matt said everything was quiet and he had no intention of actually eyeballing the children so why did he go ? It makes no sense.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 22, 2018, 05:43:29 PM
According to the McCann narrative, Gerry did not leave the table until after Matt had returned and they had had a conversation.
They are people, Gerry may have stood up and moved about when Matt returned They were not glued to the table.  There isn't some frame by frame analysis of what we could see like a series of CCTV images.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: jassi on January 22, 2018, 06:00:11 PM
They are people, Gerry may have stood up and moved about when Matt returned They were not clued to the table.  There isn't some frame by frame analysis of what we could see like a series of CCTV images.

In which case Gerry might have been anywhere, not even in the Tapas area
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 22, 2018, 06:43:17 PM
In which case Gerry might have been anywhere, not even in the Tapas area
Anywhere within a minute or two walking distance (so not exactly "anywhere").  Matt talks to Gerry on his return so he was somewhere reasonably close.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Miss Taken Identity on January 23, 2018, 10:49:52 PM
It certainly blows the false memory syndrome on the head. There was NO checking every 30 minutes at all, so nothing to have a false memory at all if there was a schedule of sorts. There was no physical checks-apart from that one night MBM disappeared.  Is this also the only night the twins slept right through? Strange! What a night for changes to routines?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Robittybob1 on January 23, 2018, 11:45:28 PM
It certainly blows the false memory syndrome on the head. There was NO checking every 30 minutes at all, so nothing to have a false memory at all if there was a schedule of sorts. There was no physical checks-apart from that one night MBM disappeared.  Is this also the only night the twins slept right through? Strange! What a night for changes to routines?
your view is so different I wonder if we are talking about the same case!
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Miss Taken Identity on January 25, 2018, 07:23:14 PM
your view is so different I wonder if we are talking about the same case!

I suspect we are indeed. I am saying that it has nothing to do with false memory syndrome all the changes to the stories. They claimed the checks were every 30 mins. SO lets do just that. time starts 8.pm...
1st check begins at 8.30 by whom
2nd check begins at 9.00 by whom
3rd check begins at 9.30 by whom
4th check begins at 10.00 by whom
you see no need to guess a time they all know who did what check.

However, if there was no planned schedule it would look like it was made up- everyone coming and going,no one can keep a track. Therefore there was no 30min check structure IMHO.

also I find it a bit weird that people wondered what was keeping Gerry? how long was he actually gone to be missed?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: pathfinder73 on January 25, 2018, 09:05:22 PM
That is not what Dianne really says but it is how you understand it.   I thought it meant "by the time she got around to seeing who was there Matt and Gerry appear to have left the table".  She is not describing the very instant she arrives at the table.  Her memory for these matters is rather suspect as it was only during the 3rd interview that she recalls Matt passing them up by the apartments and she blames her memory for that lapse.

Dianne couldn't remember Matt passing her so hardly the most reliable witness.

"Matt obviously wasn’t because we we’d just passed him but of course I don’t remember this at the time, and I think in my original statement I thought maybe Gerry wasn’t there, but maybe he was, you know, I don’t know.” http://www.mccannpjfiles.co.uk/PJ/DIANE-WEBSTER-2.htm

Matt returned and said it was all quiet but Gerry still got up from the table to go. He had something very urgent to do.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: sadie on January 26, 2018, 12:06:44 AM
It certainly blows the false memory syndrome on the head. There was NO checking every 30 minutes at all, so nothing to have a false memory at all if there was a schedule of sorts. There was no physical checks-apart from that one night MBM disappeared.  Is this also the only night the twins slept right through? Strange! What a night for changes to routines?
ORLY?

Have you got some cites for those statements?

Or are they ONLY IN YOUR OPINION ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: sadie on January 26, 2018, 12:13:54 AM
I suspect we are indeed. I am saying that it has nothing to do with false memory syndrome all the changes to the stories. They claimed the checks were every 30 mins. SO lets do just that. time starts 8.pm...
1st check begins at 8.30 by whom
2nd check begins at 9.00 by whom
3rd check begins at 9.30 by whom
4th check begins at 10.00 by whom
you see no need to guess a time they all know who did what check.

However, if there was no planned schedule it would look like it was made up- everyone coming and going,no one can keep a track. Therefore there was no 30min check structure IMHO.

also I find it a bit weird that people wondered what was keeping Gerry? how long was he actually gone to be missed?

Oh, the first check was at 8.30, was it?

The first people to arrive were Kate and Gerry and they arrived at 8.30 - 8.35


Do try and get your facts right, Mistaken

... and how's about reading the statements instead of relying on false words friom members of other forums (IMO).  If you had bothered to read the statements, you would know who had checked ... and at what times.

Everyone else on the forum know, cos they have taken the trouble to read the statements.
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: faithlilly on January 26, 2018, 12:18:21 AM
Oh, the first check was at 8.30, was it?

The first people to arrive were Kate and Gerry and they arrived at 8.30 - 8.35


Do try and get your facts right, Mistaken

... and how's about reading the statements instead of relying on false words friom members of other forums (IMO).  If you had bothered to read the statements, you would know who had checked ... and at what times.

Everyone else on the forum know, cos they have taken the trouble to read the statements.

Everyone has read the statements and knows that neither Wilkins or Gerry mentions moving back to the kerb to avoid a car yet you insist that's what happened. So have we missed it or is it just wishful thinking on your part ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: sadie on January 26, 2018, 01:22:07 AM
Everyone has read the statements and knows that neither Wilkins or Gerry mentions moving back to the kerb to avoid a car yet you insist that's what happened. So have we missed it or is it just wishful thinking on your part ?
Have you misposted, or something?   Have flicked thru all the pages of this thread and can find no mention of Jez and Gerry moving back to the kerb.

I know that I have suggested it somewhere, but I have never insisted that.  Please do not twist my words.

I would prefer you to please quote my actual post, because I always try to put words like possibly, maybe or the caveat IMO ....
... and you are intimating here that I have not done that.


Btw,
just because something isn't mentioned in a statement, doesn't mean that it didn't happen.  It is a theory of mine that might be correct and explains how Gerry thought that he chatted to Jez on the east side of the street, yet it is obvious that actually (mainly) happened on the west side of the street.    We just dont know, do we ?
Title: Re: Did false memory syndrome play a part in the McCann case?
Post by: Brietta on January 26, 2018, 01:32:42 AM
Everyone has read the statements and knows that neither Wilkins or Gerry mentions moving back to the kerb to avoid a car yet you insist that's what happened. So have we missed it or is it just wishful thinking on your part ?

Sadie insisted on nothing; in my opinion you are taking her post from another topic and misconstruing the context.         

During a discussion the situation arose regarding why Gerry and Jes thought they met one at one side of the road and one at t'other.
 
" He was less than 10 metres from the gate going downhill towards the Tapas Reception, when he spotted Jez on the other side of the road going uphill ... and he thinks that he crossed the road to speak to him.  That is entirely plausible and they probably removed themselves from danger, to the western pavement vy the alleyway,  when a vehicle appeared
AIMO

Please be careful about reading meaning into other member's posts which were never intended and pursuing them from thread to thread with it.
Sadie never claimed that either man mentioned moving out of the way of a vehicle; she suggested it as an explanation for some of the false memory syndrome shown by Gerry regarding his confusion about where they stood.

In my opinion hardly surprising given the psychological blow he was to suffer shortly after the conversation ... some tend to forget that.