Seriously, can these people ever get anything right. Now they are thinking that these proceedings issued against Tony Bennett by the McCanns are nothing other than a full defamation and libel trial. And the McCanns will have to answer questions and be put on the stand.
Wrong, taking Tony Bennett to Court for Libel and Defamation is one avenue still left open to Kate and Gerry McCann. What they are taking him to Court for this time is Contempt of Court.
Late 2009 Tony Bennett took an undertaking of the Court that he will not continue his claims, part of the undertaking was this:
“not to repeat allegations that the Claimants are guilty of, or are to be suspected of, causing the death of their daughter Madeleine McCann; and/or disposing of her body; and/or lying about what happened and/or of seeking to cover up what they had done”
The McCanns, through Carter Ruck are taking him to Court because he breached the undertaking. This is not a libel and defamation trial. As I said that option is left open to the McCanns.
All Carter Ruck have to do is show the Judge via the numerous postings that he has breached that Court Order. They only have to prove it once and he is in breach of that order.
The Judge will then hold him in Contempt of a Court Order and will sentence as he sees fit.
The McCann’s do not have to prove anything. When Tony Bennett agreed to that initial order he knew what he could and what he could not say, he has continued in his quest to elude to the fact that the McCanns have not spoken the whole truth and are seeking to cover up some crime by not speaking the truth. That is the breach and Contempt of Court.
Even the letter that Tony Bennett sent to the Prime Minister is in clear breach of that Order as they state in their letter:
“By contrast, a, great many people consider that there is more than adequate evidence that Madeleine McCann died in the McCann’s holiday apartment and that her parents and others have covered up this fact, and to hold a hoax ‘abduction’ of Madeleine on the evening of 3 May 2007, Madeline having already died before that evening’s events. That, as you will know, is the settled view of the former senior investigator in the case, Dr Goncalo Amaral, and most of! his investigation team, along with other senior figures in Portugal. Dr Amaral does not say how Madeleine died, as he does not-know, but in the absence of any other specific indications, he advances the view that she may have died as the result of an accident whitest her parents and friends were dining 11/2 minutes,walk away. Another view of what night have caused Madeleine’s death is the possibility that she was over-sedated by the McCann’s”.
We do not wish to review in this letter all the evidence that suggests that Madeleine did die in the McCann’s apartment, but clearly the alerts of two of the world’s top sniffer dogs, trained by an internationally recognised British police dog handler, to no fewer than ten sites in the McCann’s apartment, on their clothes, and in their hired car are significant, and remain so, even in the absence of the kind of corroborative forensic evidence that would lead to the dogs, alerts being admissible evidence in a court of law, There is also I very large amount of circumstantial evidence suggesting that the McCann’s and their friends have not told the truth, consisting of a number of changes of story and significant contradictions between their statements that go well beyond the kind of minor inconsistencies that often occur when witness are supplying statements based on their recollections.
The 48 members of the Madeleine Foundation, our many supporters, and a huge number of others subscribe to the view that the balance of evidence points in the direction of Madeleine having died in the McCann’s holiday apartment. lf that hypothesis is correct, then the McCann’s motive for wanting a ‘Review’, which would now open up the many files that the Portuguese Police have up to now withheld would be clear not to find Madeleine, but rather to trawl the files for any other evidence there may be against them, so that they can defend themselves and deal with any such evidence.
And in my opinion writing that letter to the Prime Minister was the straw that broke the camels back.
It is the other case where the most concern should be, with Ed Smethurst because that is the case that could result in a full libel and defamation trial or again Ed Smethurst could ask for a Court Order against him.