Trying to explain to certain people that the evidence in the case will NOT be tested when Bennett hits the High Court in February 2012, is seriously hard going.
In November 2009, Bennett, voluntarily, took an undertaking NOT to repeat his comments about the McCanns being involved in what happened to their daughter and that they may have helped conceal her body. He was NOT forced into taking this decision by a Court Order, he AGREED all by himself, to the undertaking.
All Carter Ruck have to do in February 2012 is to prove he has breached that said order.
They are going to prove this to the Court in February 2012 by supplying to the court evidence of postings clearly made by Tony Bennett which he has posted on forums and the Madeleine Foundation wesbsite. Carter Ruck are saying in their Affidavit, made by Isabel Hudson, to the Court that they can clearly prove beyond a shadow of doubt that he still continued to post his false allegations about the McCanns, AFTER undertaking that Court Order in November 2009, where he promised the Court he would cease and desist.
The McCanns are NOT taking him to Court for LIBEL & DEFAMATION, they are taking him to Court for Breach of a Court Order ie, Contempt of Court.
The time for the evidence to have been tested was back in November 2009, in a Court of Law. Bennett by signing that order ADMITTED that what he was posting was libellous and defamatory to the McCanns.
The Judge won’t be interested in Martin Grime and his dogs, he won’t be interested in the Police Files, all he will want to see is PROOF that Bennett breached the Court Order by continuing to post his allegations that the McCanns were involved in what happened to their daughter and that they could have concealed her body.
The judge has only got to see ONE comment that breaches that Order to find him GUILTY of Contempt of Court, unfortunately for Bennett, there is more than one post so the Judge is not going to go lightly on a person who breaks a Court order.
Simples… really except when dealing with people who have the inability to understand what Contempt of Court actually means.
So stop this trying to twist it and spin it that the evidence will be tested, because it won’t. All that will be tested in that Court is Tony Bennett’s failure to adhere to a Court Order.
As I said the McCann’s are not his problem, Ed Smethurst is, because it is evident that Ed Smethurst apart from being libelled and defamed has had his family dragged into this saga by none other than Bennett. He has had his livelihood threatened by Bennett and others when they took to writing to the Law Society about his ability to be a lawyer. After the actions of Bennett and others, I can’t see Ed Smethurst letting Bennett off lightly, can you?