Far be it for me to claim to be an expert, but I did spend 20+ years as a legal secretary. To be fair, I spent half the time daydreaming, but despite the sheer monotony of the job, some bits stuck. I also went through a protracted few years of litigation in my own battle with the Catholic Church, and attended a 3 day trial.
But back to the case of McCann .v. Bennett, the Decision that the learned Judge makes on Wednesday, could have huge implications, not least of which is the threat to Freedom of Speech. His Honour will have to consider whether the previous 'gagging' of Tony was lawful, given that he is only repeating that which is freely available and discussed regularly on the www. It makes the original ruling questionable.
Such is the importance of His Honour's Decision, lawyers throughout the land, and probably further afield, will be watching the case closely. How can he make a decision on a libel case that has never gone to trial?
If the Judge rules in the claimants' favour, then effectively, it will become illegal for any individual within the UK to discuss this case as a mystery. I believe Tony describing this case as a 'mystery' was one of the breaches of undertaking. We must accept that Madeleine is alive and well, and that there is no evidence against the parents. Those who follow the the current legal activities in Portugal will be prevented from discussing them. Carter Ruck spend hundreds of hours scrutinising the internet on behalf of their clients. If they poleaxe Tony, who will be next?
The tories are in power and are quite attached to the idea of Freedom of Speech. They take pride in the old Empire, 'what ho, old chap, we're British' and we will fight to the death to hold onto our freedoms. Quite rightly, every year, we solemnly commemorate the sacrifice of those who died so that we may live unchained. We share the proud tears of the veterans each Remembrance Sunday and thank all the Gods there may be that we are not living under a jackboot regime.
We can only hope that His Honour has a strong sense of fair play as it really will be a David .v. Goliath battle. They have the UK's top lawyers and barristers, Tony is unrepresented. The costs of this case amount to almost £300,000, before the trial has even taken place, when those costs will likely double. The McCanns are fighting legal battles on several fronts. Tony is far from alone in voicing his opinion. The reality is, the McCanns, through their high visibility from the off, set in motion a runaway train that cannot be stopped by this litigation. Something their lawyers have failed to point out to them.
The trial will take place nevertheless, and the expensive barristers have been booked. The problem is, Tony is not going to stop saying what he thinks, no matter how many times he is sent to prison. And jailing him will create a martyr that they really don't need right now, what with the Portuguese libel trial under delicate negotiation an' all.
Quite a predicament.
hope the trial goes ok . hope you are well , gracelandann
ReplyDeleteHi ya Ann, yes tense time at the mo, check out the Jill Havern Forum and the Joana Morais blog. Take care mate x
DeleteAnyone can give an "opinion" the problem with this man is he persecuted the McCanns like they were monsters....he didn't just give his opinion, he haranged them,tormented them...wrote as fact rather than opinion..he's a down right very nasty individual IMO..when a person writes as fact then it BETTER BE TRUE AND THEY BETTER HAVE THE EVIDENCE TO BACK IT UP... or else.....
ReplyDeleteSupporters said he never met the McCanns, so how could he have haranged and tormented them? You can't have it both ways.
ReplyDeleteAs for shouted threat. If you are referring to this case, I am fully au fait with libel laws and I strive always to write with honesty and integrity and occasionally with my tongue firmly in my cheek.
If it is my own book, I went through a 3 day trial. All the evidence is public. And since the trial and my interview for ITN, I have been contacted by hundreds who were in the same care home, with stories far worse than my own.
@anon 10 01,that last sentence of yours would do better being put to the mccanns,like this barefaced lie about an abduction. you are one sad person,instead of writing on blogs ,go look for Madeleine if you believe the lies of the mccanns that Madeleine is a live findable child.
ReplyDeleteIs Tony Bennett not allowed to use his own judgement and reasoning, based on what police evidence is available? It will be a sad day for all of us, and freedom of speech, if the answer by way of this court case is, yes.
ReplyDeleteHi Alice, to be honest, I feel as if we have entered a twilight zone. If the Claimants succeed, Tony will be an inmate of HM Prison and will not be allowed to say the disappearance of Madeleine McCann was a mystery. I don't think they were that strict in Stalinist Russia!
Deletemean't to add, why do the press and indeed, the politicians clam up at the mention of the McCann name? Its the whole 'what do they know, that we don't?' aspect, that I find so vexing.
DeleteIt appears the press may have been gagged by the McCanns. No surprises there. Just another self-imposed hindrance on the search.
DeleteOh dear.
ReplyDeleteAnon "when a person writes as fact then it BETTER BE TRUE AND THEY BETTER HAVE THE EVIDENCE TO BACK IT UP... or else....."
Maybe TB will hall you up in front of the judge once tomorrow's out of the way and he's walked free...
Unless you have evidence to back up your claim, as you so eloquently point out and threaten below, you may not be quite so lucky:...
"the problem with this man is he persecuted the McCanns like they were monsters....he didn't just give his opinion, he haranged them,tormented them...wrote as fact rather than opinion."
I'm sure you'd support him for doing the same as your idols (only lawfully) because you'd naturally be a hypocrite if you didn't.
Did anyone see the interview as poor Tony struggled with his trolley coming out of court? He wont be carrying on the campaign any longer...Judge to give his verdict next week...clang!
ReplyDeleteShould Mr B not be able to continue his campaign, because as you so moronically put it "clang", there are many others who will be ready to continue the fight.
ReplyDelete