8 Comments

Carter Rucked – The Madeleine Foundation

Well what do you say?  Personally, I have wondered why the McCanns have never taken Tony Bennett to Court earlier, but now I can see why.  The Court has to have evidence, the plaintiffs have to show the Judge that they have been defamed and that the defamation continues on a daily basis and they have tried every method of stopping this person before hitting the courts, ranging from letters of cease and desist to warnings that continuation will be dealt with by the courts because there is already a Court Order issued against this person.

The first few paragraphs of the letter tells Tony Bennett exactly what is going to happen.  That is why he was sent those ring binders, because they are going to use all that evidence in Court.  It doesn’t matter if Tony Bennett pulls that material or not, pulling it might go a little in his favour, but it won’t get him out of these court proceedings.

Tony Bennett has to go the full way now, because to offer compensation, it will be seen as though Tony Bennett knows he has libelled the McCanns, plus Ed Smethurst, and this results in him admitting that what he has written is not true and therefore libellous and defamatory.

The letter (PDF) is clear and concise and tells Tony Bennett what Mr and Mrs McCann intend on doing.  It states:

As you are aware, we represent Kate and Gerry McCann.

We write to inform you that, given your flagrant and numerous breaches of the undertakings which you gave to the Court by way of a consent Order dated 25 November 2009 (“the order”), our clients have been left with no alternative but to now instruct us to instigate contempt of court proceedings against you.

We enclose a further copy of the Order, with which you are atready familiar, and which sets out the sanctions whlch are available to the Court if the Order is breached end a contempt of Court thereby committed.

As such, it is vital that you appreciate the gravity of the position in which you have placed yourself, and we must urge you to seek legal advice as soon as possible.

And in another matter Tony Bennett is also going to have to deal with Mr Smethurst and offer some form of compensation for damages, which of course will escalate should he continue doing what he did yesterday by bringing the daughter of Ed Smethurst into the argument he has with her father.

No Court is going to sit back and not frown on that kind of action and they will deal severely should the case be proven.

But the truth is, this is not a matter of Freedom of Speech, this is not denying people the right to disagree or have an opinion. Nobody is denying them their freedom of speech, what they are saying you can speak freely providing you don’t libel and defame a person.  And that is what is happening here.

We have also seen in the Carter Ruck letter (PDF) dated 15th July 2011, that the McCanns are now going to draw a line in the sand and will take people to court who libel and defame them, and by reading this from the letter, it is clear that members of the Madeleine Foundation could also find that they are at the end of legal letters if they continue the Foundations mantra.

The letter states:

No doubt you will show this letter to your fellow members of the “Madeleine Foundation”. Should they, or indeed anyone linked to them, disseminate serious falsehoods about our clients, we shall advise our clients to pursue those individuals directly for appropriate legal relief.

Tony Bennett, isn’t it about time, you told this people that by repeating what you write, they are in fact also committing libel and defamation and that they are responsible for their actions.  I hope you have told your members exactly what that paragraph means.

Somehow I doubt it.

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8 comments on “Carter Rucked – The Madeleine Foundation

  1. Finally, action, no more chances.

  2. Good afternoon Samantha, yes finally something is going to be done.  They asked him to cease and desist he agreed to that, then carried on so the McCanns had no alternative but to seek a court order.

    The court issued the order and that is what he is in breach of, that order. 

    He has been pushing the boundaries day after day, targeting any person who helped them or anyone that was part of the Fund, it is no wonder that Ed Smethurst has gone after him big time.  And yesterday he did himself no favours by dragging Ed’s daughter into his games.

    I think this is what they call the two-pronged attack, one from the McCanns and the other from Smethurst.

    I am all for free speech but this continuation and promoting falsehoods has got to stop.

  3. Mike Hardy (Spudgun): Just to update:- I spoke briefly with Tony last night
    on the telephone where I passed on all our best wishes, for which he was very
    thankful.He is labouring under HUGE amounts of stress, not least because
    his family are urging him, (indeed, have done so for some time), to abandon the
    whole Madeleine Foundation! Of course, their concern is currently justified,
    given the huge sums of money that Tony and his family stand to lose!……..(PFA)STRESS!!!Self inflicted, brought on by his own stupidity – probably not half the stress he has caused others.afternoon to you.

  4. He is not stupid, he knew what he was doing, and he enjoyed doing it.  What did he expect, Kate and Gerry McCann to sit back and have their names dragged through the mud time and time again.

    You are right, it is self inflicted and if he is under stress I wonder how he would feel walking the same path as Kate and Gerry McCann have to do every day?   A path where they have a missing child and a path where people  like him and his accolades are  forever accusing them of harming their child.

  5. Samantha it is like his cooing about Alphaig asking for a strike off.  Duarte Levy reported back in June I think that Arthur Cowley is suffering from ill-health.

    He reported that he has even been in hospital along with the fact that he has not even been investigating for roughly 16 months.  It is only common sense that as the man is ill he does not want the burden or stress of running a company.

    Best thing he can do is fold the Company and concentrate on getting better, but no the Madeleine Foundation have to turn it into some conspiracy theory and get every one of their members thinking there is something dodgy going on and that is why he folded the Company.

    Arthur Cowley, has probably seen Kate at her worst, stressed, crying, desperate and that is why he has promised to keep her secrecy.  He is not going to kiss and tell and make money by selling his story of his time in the McCann’s company.

    I put that down to human decency, not that he is hiding some dark secret of Kate McCanns, he worked for the McCanns and he is not going to sell his story… end of.

    Of course we have to put the usual Duarte Levy slant on it, that makes it more than it probably is.

  6. yep Bren, human decency is something that Bennett and his cronies are sorely lacking in.

    Some of the ‘research’ that goes on at haverns by the likes of stella and co is completely barmy.

    loonies the lot.

  7. It is the bloody hypocrisy of it all to be honest Samantha, the times he threatened me via email about libel when comments were made about him, is no man’s business, demanding they be removed etc.

    It seems as if he is one of these “don’t do as I do, do as I say” types.

    You just can’t go around accusing people of committing heinous crimes based on supposition, innuendo and assumption.

  8. Well it seems he has settled with Brian Kennedy, how much for and who to, has not been disclosed, but the last I read Brian Kennedy was going to give the money awarded to the Find Madeleine Fund.

    As for Smethurst we are hearing that if Bennett goes all the way to Court he could end up with costs in excess of £170K plus whatever Smethurst is awarded.

    As for the McCanns well they have got to the point where they are asking the court to deal with him severely including considering sending him down.

    You can read Isabel Hudsons Affidavit on the link below

    http://madeleinefoundation.org.uk/PDFs/Isobel%20Hudson%20Affidavit.pdf

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