Author Topic: Perceptions of Madeleine's Abduction  (Read 85783 times)

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Offline Vertigo Swirl

Re: Perceptions of Madeleine's Abduction
« Reply #750 on: July 11, 2022, 07:27:30 AM »
Like millions of others, I doubted the story put forward by the McCanns as to why Madeleine had gone missing.

I co-operated with others to form the Madeleine Foundation.

By 7 December 2008 we had published: "What really happened to Madeleine McCann? 60 Reasons which suggest she was not abducted", a book which began to sell well. A summary of the book's claims were published in a leaflet, '10 Reasons', which was distributed widely by volunteers around the country. In August 2009 there was some publicity over a leaflet drop in Leicestershire, which included a drop in Rothley.

During September Deborah Butler and myself were told by Carter Ruck to stop selling the book, stop distributing the leaflet and cease 'libelling the McCanns'. We were both told that we must sign undertakings to that effect or face a libel action.     

So to answer the question: "Why did Anthony Bennett sign an undertaking?  An undertaking that he then didn't keep", the response is simple, the McCanns had the financial resources to sue; we did not have the financial resources to defend the action. There was a gross inequality in resources. The McCanns had the financial resources the equivalent of armoured tanks. We had the financial resources of a home-made catapult.

The McCanns insisted on 16 different undertakings being signed. It was 'take it or leave it'. On 25 November 2009 the court suspended the McCanns' libel action on our signing our agreement to the undertakings demanded.

During the two years that followed, I admit that I broke the undertakings in several respects as Mr Justice Tugendhat found in February 2013. The McCanns did not sue for libel, although they could have done, as the original libel proceedings they brought had merely been stayed, not abandoned. Instead they sued for 'Contempt of Court', which is a civil matter, not a criminal matter.

Although the Court ordered me to pay the McCanns' costs, which they told me at the time were around £335,000, we agreed terms via my solicitor, Robin Tilbrook.

I agreed to pay the McCanns an immediate sum of £12,500, then pay a further £15,000 by monthly instalments of £125, for 10 years, beginning on 1 May 2013. To date, I have paid the McCanns, via Carter-Ruck, a total of £26,250, with 10  instalments of £125 a month yet to pay.

After that, the 16 undertakings I signed remain in place and are likely to remain so for ever.

For the record, it was unwise of me to make statements or take actions that broke some of the undertakings. I apologised to the McCanns in Court for my actions.

Thus I was not found guilty of libel, merely of breaking a number of undertakings.

Of course, I still have my opinions.       

     
   
  “I am sure that you intended to allege that the claimants are to be suspected of causing the death of their daughter and did in fact dispose of her body, lie about what happened and covered up what they had done.

“The claimants have suffered injury to their reputations and feelings by the repetition of the allegations which you have repeated in breach of your undertakings.

“You were deliberately flouting the undertakings, and the apology that you offered when giving your evidence was insincere.

“I am sure that you appreciated the seriousness of what you were doing, not least because you trained to be a solicitor.”
Judge Tugendhat.

Do you think if you’d had the resources of an anti tank missile carrier you could have fought and won the case against the McCanns and if so on what basis?
« Last Edit: July 11, 2022, 07:30:47 AM by Vertigo Swirl »
"You can't reason with the unreasonable".

Offline Eleanor

Re: Perceptions of Madeleine's Abduction
« Reply #751 on: July 11, 2022, 07:49:30 AM »

I thought the  "Merely". was a classic.

What price Honour one has to wonder.

Offline G-Unit

Re: Perceptions of Madeleine's Abduction
« Reply #752 on: July 11, 2022, 07:59:22 AM »

"Merely"?

It seems that accusations of libel by the McCanns, Smethurst, Carter Ruck and the McCann's supporters remain "merely" that; accusations.

A lot of people think German judges won't be swayed by the public accusations levelled at CB, but at least two of our English judges have demonstrated their willingness to believe unconfirmed "facts" such as an abduction having taken place.
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Offline G-Unit

Re: Perceptions of Madeleine's Abduction
« Reply #753 on: July 11, 2022, 08:08:00 AM »

/snip/

 “I am sure that you intended to allege that the claimants are to be suspected of causing the death of their daughter and did in fact dispose of her body, lie about what happened and covered up what they had done.



It seems there's no need to hear all the evidence or have a trial for a judge to decide what happened and who is guilty.
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Offline Vertigo Swirl

Re: Perceptions of Madeleine's Abduction
« Reply #754 on: July 11, 2022, 08:28:45 AM »
It seems there's no need to hear all the evidence or have a trial for a judge to decide what happened and who is guilty.
I think in Britain how it works is that until a trial determines you caused the death of your daughter and covered it up, you remain innocent of any wrongdoing and shouldn’t have idiots like TB going round with libellous pamphlets informing people otherwise.
"You can't reason with the unreasonable".

Offline Eleanor

Re: Perceptions of Madeleine's Abduction
« Reply #755 on: July 11, 2022, 08:33:05 AM »
I think in Britain how it works is that until a trial determines you caused the death of your daughter and covered it up, you remain innocent of any wrongdoing and shouldn’t have idiots like TB going round with libellous pamphlets informing people otherwise.

Or hiding in bushes while directing others to do your dirty work.

Offline Vertigo Swirl

Re: Perceptions of Madeleine's Abduction
« Reply #756 on: July 11, 2022, 08:33:57 AM »
It seems there's no need to hear all the evidence or have a trial for a judge to decide what happened and who is guilty.
Are you suggesting the judge was incorrect and that TB did not intend to allege the the McCanns caused Madeleine’s death and covered it up?
"You can't reason with the unreasonable".

Offline Eleanor

Re: Perceptions of Madeleine's Abduction
« Reply #757 on: July 11, 2022, 08:58:30 AM »
It seems there's no need to hear all the evidence or have a trial for a judge to decide what happened and who is guilty.

It was a Ruling on what was Libel and or Libellous Innuendo.  Absolutely within the remit of a Judge.

Offline Mr Gray

Re: Perceptions of Madeleine's Abduction
« Reply #758 on: July 11, 2022, 09:20:23 AM »
Like millions of others, I doubted the story put forward by the McCanns as to why Madeleine had gone missing.

I co-operated with others to form the Madeleine Foundation.

By 7 December 2008 we had published: "What really happened to Madeleine McCann? 60 Reasons which suggest she was not abducted", a book which began to sell well. A summary of the book's claims were published in a leaflet, '10 Reasons', which was distributed widely by volunteers around the country. In August 2009 there was some publicity over a leaflet drop in Leicestershire, which included a drop in Rothley.

During September Deborah Butler and myself were told by Carter Ruck to stop selling the book, stop distributing the leaflet and cease 'libelling the McCanns'. We were both told that we must sign undertakings to that effect or face a libel action.     

So to answer the question: "Why did Anthony Bennett sign an undertaking?  An undertaking that he then didn't keep", the response is simple, the McCanns had the financial resources to sue; we did not have the financial resources to defend the action. There was a gross inequality in resources. The McCanns had the financial resources the equivalent of armoured tanks. We had the financial resources of a home-made catapult.

The McCanns insisted on 16 different undertakings being signed. It was 'take it or leave it'. On 25 November 2009 the court suspended the McCanns' libel action on our signing our agreement to the undertakings demanded.

During the two years that followed, I admit that I broke the undertakings in several respects as Mr Justice Tugendhat found in February 2013. The McCanns did not sue for libel, although they could have done, as the original libel proceedings they brought had merely been stayed, not abandoned. Instead they sued for 'Contempt of Court', which is a civil matter, not a criminal matter.

Although the Court ordered me to pay the McCanns' costs, which they told me at the time were around £335,000, we agreed terms via my solicitor, Robin Tilbrook.

I agreed to pay the McCanns an immediate sum of £12,500, then pay a further £15,000 by monthly instalments of £125, for 10 years, beginning on 1 May 2013. To date, I have paid the McCanns, via Carter-Ruck, a total of £26,250, with 10  instalments of £125 a month yet to pay.

After that, the 16 undertakings I signed remain in place and are likely to remain so for ever.

For the record, it was unwise of me to make statements or take actions that broke some of the undertakings. I apologised to the McCanns in Court for my actions.

Thus I was not found guilty of libel, merely of breaking a number of undertakings.

Of course, I still have my opinions.       

     
   
You accused the McCanns of a criminal act.  You claim is libellous.. That is not opinion its fact.  You claim that you could not defend the action because of finances whereas in reality you could not defend the action because you could not substantiate it.  You made claims that were not backed by evidence . Libellous claims

Offline G-Unit

Re: Perceptions of Madeleine's Abduction
« Reply #759 on: July 11, 2022, 09:28:49 AM »
I think in Britain how it works is that until a trial determines you caused the death of your daughter and covered it up, you remain innocent of any wrongdoing and shouldn’t have idiots like TB going round with libellous pamphlets informing people otherwise.

How can anyone, especially a judge, pronounce somone guilty of libel without a trial?
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Offline Mr Gray

Re: Perceptions of Madeleine's Abduction
« Reply #760 on: July 11, 2022, 09:32:30 AM »
How can anyone, especially a judge, pronounce somone guilty of libel without a trial?

I have explained.. Read back

Offline G-Unit

Re: Perceptions of Madeleine's Abduction
« Reply #761 on: July 11, 2022, 09:47:21 AM »
I have explained.. Read back

So no need for a trial in some cases then? How strange. Even when someone is found standing over a blood-soaked body holding the murder weapon dripping blood a trial is held.

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Offline Brietta

Re: Perceptions of Madeleine's Abduction
« Reply #762 on: July 11, 2022, 09:48:06 AM »
How can anyone, especially a judge, pronounce somone guilty of libel without a trial?

I can't quite believe you have posted that.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Eleanor

Re: Perceptions of Madeleine's Abduction
« Reply #763 on: July 11, 2022, 09:50:19 AM »
I can't quite believe you have posted that.

A complete lack of understanding and looking very silly.

Offline Mr Gray

Re: Perceptions of Madeleine's Abduction
« Reply #764 on: July 11, 2022, 09:53:19 AM »
So no need for a trial in some cases then? How strange. Even when someone is found standing over a blood-soaked body holding the murder weapon dripping blood a trial is held.

That's a criminal not civil case