Did false memory syndrome play a part in the McCann case?

[G-Unit]

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?

[Robittybob1]

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.

[barrier]

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.

[Robittybob1]

Then a cite to the recollection would resolve it.

If only it was as easy as that. 

[Carana]

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.

[faithlilly]

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.'

[Alice Purjorick]

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.

[Miss Taken Identity]

Bearing in mind how CFAs work it could be the press pitched the offer in exactly the right place.

Nice round number eh?

[Brietta]

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? 

[Brietta]

Then a cite to the recollection would resolve it.

http://www.mccannpjfiles.co.uk/PJ/P_J_FINAL_REPORT.htm

[Alice Purjorick]

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.

[Eleanor]

The Media paid up.  Damages and Court Costs.  Why do that if they thought they could getaway with it.?

[jassi]

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

[Miss Taken Identity]

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...

[Brietta]

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.
 

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