Yes, Bennett has appeared and told the world of his woes. He has told his followers the cold stark reality of what happens when you continue to libel and defame the parents of a missing child.
He was warned time and time again. He received numerous letters from Carter Ruck and he even undertook a Court Order to stop. But did he? No, like a blithering idiot he continued, thinking he was untouchable.
One of the reasons he probably continued was because he saw Goncalo Amaral continue his fight against the McCanns. But the truth is, it is not Goncalo Amaral taking the McCanns to court, it is the McCanns taking Goncalo Amaral to court. The only option Goncalo Amaral has is to either settle out of Court or continue his fight.
Taking into consideration that there are 3 other defendants in that case, namely the Publishers of the book, the TV company that broadcast the document and the TV Film Maker, it will be down to what the other defendants decide to do. Do they settle out of Court or go the full way?
If they settle out of Court, which I wouldn’t be surprised, then Goncalo Amaral can hardly rely on their testimony as they would have already admitted what they filmed and published was libellous. Anyway we only have to wait until February 9th for that trial to start in Lisbon.
Now what wonderful time the Court case is where Bennett is being taken to Court by the McCanns, for his contempt of court, yes he visits the High Courts to answer for his actions the day before on the 8th February, 2012. Well that will stop him hopping on a plane to Portugal and supporting Goncalo Amaral, won’t it?
As for his argument that he makes about the Original Court undertaking:
I intend to defend the McCanns’ application. Arguably, as I have already been advised by one local lawyer, the undertaking I gave in 2009 was too ‘sweeping’ and should either be modified or even withdrawn, given that it amounts virtually to an undertaking to say nothing about the case ever again.
Well from what I read, it doesn’t seem sweeping to me at all. You undertook never to promote, speak about the allegations you made against the parents of a missing child. You signed that, after being in Kirwins office and after legal consultation. So therefore I think, no Judge will consider it too sweeping, do you Bennett?
Whatever happens in the Court on the 8th February 2012, Bennett will either be fined, sent to prison or pay the price for his actions via having assets seized.
In her affidavit Isabel Hudson states the following:
58. The Claimants felt that the time has come to say “enough is enough”; having previously written to the Defendant no fewer than three times to warn him that he was publishing material which breached the undertakings, they concluded that the only prospect of ensuring that the Defendant permanently desisted from libeling them was if he were committed for contempt of Court.
It is clear now, after 4 years the McCanns have got to the point of ‘enough is enough’.
They have given testimony under oath and it is as clear as the nose on your face, they have a missing child and they are not frightened to give any form of evidence under oath, like some people foolishly think.
Bennett when he undertook his Court Order back in November 2009 admitted to the fact that he was libelling the McCanns and he told the Court that he would desist from libelling them. No matter how much Bennett tries to twist and turn, the cold stark fact remains that on the 25th November 2009, he undertook a Court Order where he admitted that he had libelled and defamed the McCann family.
Isabel Hudson told you why the will fight tooth and nail, even in Court if they have to, in order to find their daughter when she said this:
12. As I will explain below, the Claimants have sought, as far as possible, to ‘turn the other cheek’ in relation to commentators who continue falsely to allege that the Claimants caused and then concealed the alleged death of Madeleine McCann, mainly because their overriding priority continues to be the search for their daughter. However, when there have been instances where the Claimants have feared that the publication of defamatory allegations about them may threaten to hamper the search for their daughter (because if the public are led to believe that Madeleine is dead, they are unlikely to report any potential sightings or other leads to the authorities), they have taken action.
Well that reads to me as if the McCanns have now drawn a line in the sand and they won’t have people repeatedly accusing them of a heinous crime. So who will be next after Amaral and Bennett, could it be Pat Brown or those on twitter and Facebook that repeatedly make the same allegations as Bennett does?
Do the McCanns take them on? Do you know what I suspect they could well do exactly that. There is a time when, as they say, “enough is enough”. And I think the McCanns have realised that and have reached that point where it has got to stop and in my opinion, they will continue to use Carter Ruck, under their Conditional Fee Arrangement, to stop the smearing of their names and to stop people classing their missing child as dead without solid evidence.
But the McCanns are not Bennett’s problem, it is Ed Smethurst, will he let him off lightly like Brian Kennedy did? Brian Kennedy, apparently settled his actions against Bennett out of Court whereby Bennett did NOT have to pay Brian Kennedy’s costs.
And for the life of me, I can’t see Brian Kennedy not wanting compensation? And we know from previous posts that Bennett has made that Brian Kennedy was going to pass any damages awarded over to the Find Madeleine Fund. So how much did Bennett decide to settle for?
Yes he does have a lot of thinking to do. Because from where I am sitting, it doesn’t look to me as if Ed Smethurst is going to be as amicable as Brian Kennedy. Ed Smethurst is going the whole 9 yards and Bennett now has one option open to him, unless he wants to lose everything including the shirt he is wearing.
His only option in my opinion, is to try to settle out of Court, pay the costs incurred by Ed Smethurst and offer him decent compensation.
Personally, I would beg and pray and plead with Ed Smethurst to settle out of Court, it will be a lot cheaper than paying over £170k in costs, and god knows how much in damages.
Do I think Bennett will do this? Yes he might plead and pray and settle out of Court but do I think he will stop, not on your life, he has already told you what he might consider doing when he states:
To deal with these two separate court actions will require a great deal of time and attention. For that reason, and for other reasons, I have decided not to contribute any further postings to the publicly-viewable part this forum until at least these two sets of court proceedings are concluded. Depending on the outcome of those two court cases, I will then consider my position in relation to whether or not to rejoin in any public discussions in the future (or even whether the court will allow me to). In the meantime, and subject as always to the consent of the forum-owner, I shall continue to remain a member of the forum and to contribute where I can to those parts of the forum which are not publicly-viewable.
So he is going to do his contributions in private away from the public eye. Doesn’t he realise that forums no matter how many security measures you put in place and no matter how many private sections you have, they leak like sieves. Nothing is private, and it won’t be long before someone informs Carter Ruck what he is posting in private.
Bennett, in my opinion, will be the lynchpin, he will continue to post and he will incite others to libel and defame the McCanns in the public arena.
Have you told your members, they are being taken to Court? Because up until you posted that title, I thought all the three actions were against you personally Bennett and not the Madeleine Foundation themselves. Because if I am not mistaken, if they are taking the libel action against the Foundation itself, then legally the members are liable to pay any costs and damages.. now Bennett stop trying to implicate people because we know that the McCanns are taking you to court by the sworn affidavit and not the Madeleine Foundation.
Just one more thing before it gets you into another spot of bother. With reference to Clarence Mitchell where he spoke about assumptions. He said the following in his interview with Peter Levy:
CLARENCE MITCHELL Kate and Gerry know Mad…, know their daughter well enough to know that she didn’t wander out of the apartment as has often been speculated. The only assumption that they can make is that somebody took her out of the apartment. That is the working hypothesis on which the private investigation is also based that there is somebody, perhaps on or just two or three people out there who know what happened and that there was an element of pre-meditation, pre-planning went into it. Possibly because of the location of the apartment. It was on a fairly remote corner of that particular resort. Erm, children would have been coming, going over weeks, months beforehand and the private investigation believes there was a degree of pre-meditation and planning, erm, and the very fact that nothing has been found of Madeleine since, not a trace, tends to suggest that she has been taken somewhere else and has been, hopefully is being looked after or at least cared for with someone. That is the working hypothesis. In some cases, if God forbid, she had been harmed, she probably would have been found long ago but she hasn’t been and that’s why they keep going.
And not as you keep repeatedly saying:
As Clarence Mitchell himself said nearly a year ago, even the McCanns admit that Madeleine’s abduction is but ‘an assumption’ or a ‘working hypothesis’.
No wonder you are in a lot of bother, if you can’t even get the simplest of detail correct.
So what does Bennett do now? We will all have to wait and see… February looks like it is going to be a very testing time for those people who persistently accuse the McCanns.