Kate McCann's lawyer Carlos Pinto de Abreu: ''If you were Portuguese this would be enough to put you in prison.''

7 Feb 2012

U.S. Criminal Profiler Pat Brown in Windsor to discuss the complete mystery of Maddie McCann with Tony Bennett, Madeleine Foundation Secretary - 7 Feb



Posted by Tony Bennett on our forum hereLink

7 February 2012

I was able to meet Pat Brown off her plane at 9.30am and we had till 1.00 to have a good exchange of information and ideas on various aspects of the disappearance of Madeleine McCann.

I was able to provide her with a detailed briefing on Phase 1 of the McCanns' private investigation, which included:

* the emergence of Brian Kennedy as both benefactor and director of the McCann Team's private investigations

* the emergence of Brian Kennedy's in-house lawyer as the McCanns' co-ordinating lawyer and Director of the 'Find Madeleine Fund'

* Brian Kennedy's purchase of a house in Knutsford as the long-term base for this investigation into Madeleine's disappearance

* Kennedy's choice of controversial Spanish detective agency Metodo 3 as their preferred organisation to search for Madeleine

* Brian Kennedy's meetings with Robert Murat and his lawyer on 13 November 2007 and his meeting earlier that day with Portuguese Police at Portimao Police Station and with boss of Metodo 3, Francisco Marco, and his No. 1 investigator, convicted criminal Antonio Gimenez Raso

* A biography of Antonio Gimenez Raso charting his decline and fall from...Head of the Anti-Drugs and Anti-Trafficking Unit of Catalonia Regional Police...to resigning from them at the end of 2004...to being appointed as a Metodo 3 private investigator in 2005...to being appointed as the leading Metodo 3 private detective investigating Madeleine's disappearance in 2007...to meetings with Brian Kennedy in Morocco...to meeting with strange Madeira lawyer Marcos Aragoa Correia at the Arade Dam on 10 December 2007...to his arrest on charges of corruption in public office and theft, together with a gang of drug-dealers, of £25 million of cocaine from a boat in Barcelona harbour in 2004...to his current 18-year jail sentence.

And I pointed out that after they lost the services of Antonio Gimenez Raso, they turned to the services of...Kevin Halligen!

Pat briefed me on her plans for Portugal. She was in good spirits.

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Follow Pat Brown on twitter as she travels to Portugal to search for Madeleine McCann: https://twitter.com/#!/ProfilerPatB



Pat Brown meets Gonçalo Amaral in Portugal

.

23 Jan 2012

Kate and Gerry McCann versus Tony Bennett's committal to prison

MCCANNS v BENNETT - The committal to prison trial will take place for 1 or 2 days, sometime in April or later


By Tony Bennett, Secretary Madeleine Foundation

As a result of a letter from Carter-Ruck dated 13 January and received by me on Friday after I returned from a short holiday, I can now confirm that the ‘Committal Hearing’ where the McCanns are seeking to have me committed to prison, fined, or have my assets seized (and all three are possible in a serious contempt case) will not now take place on 8 February.

The McCanns asked for the date of 8 February to be used for a Directions/Procedure hearing called a ‘Case Management Hearing’, to which I agreed as I need a lot more time to prepare my defence.

Mr James Tipp, Deputy Court Manager and Court Co-ordinator, has agreed and in an e-mail to Carter-Ruck also dated 13 January, he wrote:

“The committal hearing on the 8th February 2012 will now be listed for a two hour directions hearing as requested [by Carter-Ruck]”.

THE DRAFT ORDER

Carter-Ruck have drafted the Order they would like the Court to grant. It provides as follows:


  • I must file my reply no later than 4pm on 22 February
  • The McCanns to have a chance to reply by 21 March
  • The McCanns’ committal-to-prison application be heard after 10 April
  • The trial to be fixed for either 1 or 2 days
  • ‘Costs in the case’.

I am likely to seek to change those proposed directions, if only to seek a great deal more time to prepare my defence. The McCanns on their own admission began together with Carter-Ruck to prepare their Committal application back in June. They served it to me, unannounced, six months later, by two men in a limousine on 1 December, in a box containing five thick Lever Arch files and 2,000 pages of argument and evidence.

LEGAL ADVICE AND COSTS

For the record, I have taken the advice of a local Solicitor who advised that the terms of the undertaking I was forced to give in November 2009 were unusually wide and there were good grounds for them at least to be varied.

He did advise that I should be legally represented if at all possible, but after making enquiries via solicitors and the Legal Services Commission who run the Legal Aid scheme, no Legal Aid is possible to anyone who has savings over £8,000, which I have. He then quoted me figures for advising and said that in view of the many complexities and unusual features of this case, he would need to seek a written Opinion from an experienced barrister. Because of the sheer amount of material which the McCanns have placed before the court, and the need for both the solicitor and barrister to read and consider all the documentation, plus look up and apply all relevant law and case precedent, the cost of being advised alone would run to a 5-figure sum.

My solicitor is not one of the very few solicitors who has what are called ‘rights of audience’ in the Royal Courts of Justice, which means that if I wish to be represented in court, this would mean I would again have to hire a barrister. Again, I have been advised that if you include court attendance on say 3 days of both barrister and solicitor and possibly solicitor’s clerk myself, and dealing with all the preparation of the case, correspondence with the court and Carter-Ruck, preparing Witness Statements, Skeleton Arguments of the case and so on and so forth, the whole bill for legal representation alone would cost potentially tens of thousands of pounds, money I just haven’t got.

I therefore have to struggle on, on my own and unaided, on what feels like a very unequal contest indeed.

The main bone of contention for the McCanns is the opinions I have given on this very forum and on the Madeleine Foundation website.

They accept that I have adhered strictly to the undertakings I gave (1) to close our former website, (2) not to sell or distribute the ‘60 Reasons’ booklet and (3) not to sell or distribute the ‘10 Reasons’ leaflet, the only exception to that being the sale of a book to a photojournalist, Mike Gunnill, who under the name of Michael Sangerte insisted that he needed a physical copy of the book ‘for the purposes of historical research’ - after I had initially refused to sell him a book.

THE HEARING ON 8 FEBRUARY - WILL I BE ENTIRELY ON MY OWN?

I have asked via a unit called the Masters Support Unit at the High Court if the hearing on 8 February will be in open court or in chambers, and have also asked if I could bring a relative or a friend to take notes at the hearing. I got a very short note back saying that all the answers are in a book called ‘Civil Court Practice’, otherwise known as the ‘White Book’, which I could buy from a legal bookshop. Even to get that answer took four e-mails dated 23 and 30 December and 5 and 20 January. I am still trying to find out if anyone is allowed to accompany me to the hearing.

CARTER-RUCK's COSTS

I have raised the question of costs with Carter-Ruck, given the following statement by Dr Kate McCann in her book, ‘madeleine’. On page 287 of that book, she wrote: “Adam Tudor and his colleague Isabel Hudson continue to do a vast amount of work for us, without payment, most of it quietly, behind the scenes”.

Not so in my case, it seems. By way of response, Carter-Ruck have clarified the position so far as claiming costs against me is concerned. This is what they have said:

“In relation to your queries about our clients’ costs, we entered into as fee-paying retainer with our clients in relation to this Contempt of Court application. As previously indicated ,our clients intend (as they are entitled) to seek an Order for the repayment of their costs by you in the event that their application is successful”.

I think I have previously indicated that the McCanns claim I have breached the undertaking I gave the High Court in November 2009 in 149 instances, once by selling a book to Mike Gunnill, and on 148 other occasions by words I have used in postings, articles and leaflets published between January 2010 and August 2011.

SURPRISING CLAIMS OF LIBEL

There are not a few surprising claims of alleged libel.

Alleged breach of undertaking number 148 is described as ‘The 48 Questions video recording created by and featuring the Defendant”. When this was brought to our attention by Carter-Ruck in August, we decided to voluntarily remove that video from YouTube, despite the fact that we could not see how a mere recital of those 48 questions could possibly constitute libel when they consist of a list of questions made public by the Portuguese Police, and are still available to read on the BBC website, and have been published in numerous British and Portuguese newspapers and elsewhere on the internet.

Alleged breach of undertaking number 2 is described as “The Madeleine McCann Case Files, Volume 1, booklet published by the Defendant”. Once again, seeing that this is merely a compilation of a selection of documents made public three years ago by the Portuguese Police, it is hard to see where the libel lies in reproducing them. Furthermore, Carter-Ruck do not specify what parts of that book are said to be libellous. For example, is it possible to view Inspector Tavares de Almedia’s interim report containing the police team’s assessment of what may have happened to Madeleine McCann as ‘libellous’?

I should add here that “The Madeleine McCann Case Files, Volume 1”, was first published by us in late January 2010. The McCanns have made no objection to the publication of this booklet during their occasional correspondence with me during 2010 and 2011 and I confess I was hugely surprised to find that they regarded this as libellous. In their recent letter of 13 January 2012, they say:

“You are continuing to publish some of the publications complained of in our clients’ application against you for Contempt of Court - most notably, by continuing to offer the booklet “The Madeleine McCann Case Files Volume 1’ for sale via your website”.

We honestly cannot see on what grounds the reproduction of e.g. the 48 questions, the interim report of Inspector Tavares de Almeida, the evidence of Martin Grime, the Gaspar statements and excerpts from the lengthy ramblings of Jane Tanner can constitute either libel or a breach of my undertaking.

Therefore our 108-page book remains for sale on our website, price £4 including postage; now may be your last chance to get a copy to give to your relatives, friends an acquaintances before it is banned, like 60 Reasons and 10 Reasons.

A BATTLE - PICKED

On page 290 of ‘madeleine’, Dr Kate McCann writes this:

“We have taken action against one or two websites, but it has proved almost impossible to get this stuff removed from some of them, particularly those hosted in the USA. Friends flag up some of the worst offenders for us, but in the end it comes down to picking your battles”.

Well, I have been well and truly ‘picked’.

I don’t mean this in any way unkindly, but for those of you who can type away your opinions on what really happened to Madeleine McCann without fear of inviting a libel action, think yourselves fortunate. It’s a freedom that might be curtailed later, if I lose this battle and if Lord Leveson has anything to do with changing press freedoms and internet law.

Finally, thanks so much to all of you who say kind things about my stand. They may not stop me going to prison, paying a heavy fine, or losing all my savings and my home, but I assure you they are a solace and a comfort at a time of stress, and I appreciate each and every one of them.

More on our forum

30 Dec 2011

Jersey child abuse whistleblower, Ex-Senator Stuart Syvret released from prison

http://voiceforchildren.blogspot.com/2011/12/stuart-syvret-released-from-prison.html

http://jillhavern.forumotion.net/t4115-stuart-syvret-released-from-prison#89672

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Related:

Kate and Gerry McCann apply to the court to have Madeleine Foundation secretary Tony Bennett sent to prison

http://jillhavern.forumotion.net/f11-carter-ruck-mccann-s-smethurst-kennedy-libel-trials-lawsuits

17 Dec 2011

Maddie McCann Case Review: Scotland Yard detectives photographed carrying 30 boxes of information away from Metodo 3

Scotland Yard detectives have no jurisdiction in Spain to seize documents


Who arranged for a photographer to be available to record this particular photograph of Scotland Yard detectives taking away 30 boxes of information from Metodo 3?

Who knew what time those SY officers would be going to Metodo 3's offices?

ANSWER: Scotland Yard and Metodo 3.

So, who arranged the photograph?

Was it Scotland Yard? Does this mean SY are working in cahoots with the McCanns to carry out a £3.6 million whitewash paid for by British cash-strapped taxpayers, and didn't mind being photographed?

OR was it Metodo 3. Did Clarence Mitchell and the McCanns arrange for the photographer to be there?
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Comment from retired police officer, PeterMac:

"Scotland Yard have no jurisdiction in Spain, or Portugal, or anywhere else outside the UK and HM dominions.
When they are in Spain or Portugal they have the status of tourists.
The boxes were handed over. Without argument, though perhaps after negotiation.
They were not 'seized'.

Which makes the whole story even more fascinating."
----------

More information about the case review can be seen on these links:

Metodo 3 Met police follow new leads - 30 boxes taken


Maddie: Scotland Yard 'Operation Grange' Case Review



Why did Kate McCann feel "mentally raped" when diary was published in UK but not when it was published first in Portugal?





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More information can be found on our forum here:

Photobucket

News of the World made hush payment of £125K to McCanns

10 Dec 2011

Gonçalo Amaral: "Justice works in Silence"

Edition 707 ( 8 Dec 2011)

His life has been ripped apart since he led the police investigation into the Millennium’s greatest mystery, and came into legal confrontation with Kate and Gerry McCann. Gonçalo Amaral has lost his family, his business, his assets and the income from his controversial book that states all the reasons why he believes three-year-old Madeleine McCann died in apartment 5A in Praia da Luz back in May of 2007. Now, four-and-a-half years down the line, he faces another hurdle: a trial for defamation of the McCanns – due to start in Lisbon in February – in which the couple are claiming 1.2 million euros in damages. Does he think he can win? “Of course”, he says. This is the man whose maxim is “justice works in silence”. He still believes the case of the world’s most famous missing person will be solved. And he told Algarve123 what he thinks is needed to get there…

You wouldn’t miss him in a crowd. Gonçalo Amaral, 52, is strikingly tall with a penchant for hats. He was wearing a long black coat, a black fedora and a bright red scarf when we met him on the terrace of Casa Inglesa in Portimão. He looked much more like an intellectual than a former police officer, but these days his life is spent largely writing - an activity he’s come to love as much as the police work that used to fill his days.

Our first question: “How’s life?” elicited the reply “Bad!” so any further niceties went by the board.

What Amaral has always maintained is that the McCanns’ zeal for litigation “will not bring their daughter back”. He claims various legal suits against him, and a number of other Portuguese public figures who have verbalised “anti-McCann-story” sentiments, are totally out of keeping with the Catholic faith so fervently embraced by Madeleine’s mother Kate.

“Is it Catholic to hold sentiments of vengeance? To seek to destroy a family as mine has been destroyed?” he asks.

“This litigation will carry a heavy price – but I have faith that the mystery will be resolved. “Even if I “disappear” in the process - as Kate McCann has written that she wishes I would in her book - I have a daughter and lots of friends who will make sure justice is done”.


It may sound theatrical - but Amaral is not about theatre. He is about truth – hard facts, solid investigative work.

“The case has to be re-opened, and I have faith that it will be,” he said. “It will either be when this current “procurador” leaves, or when the current chief of police leaves. It’s not something I am pushing for - even if I could - it’s just something I feel certain will happen. And when it does, the first, most essential thing to be done will be a reconstruction of that very first night – the night Madeleine disappeared. Because that’s what happened: she literally disappeared! The reconstruction will have to involve all the parties: the McCanns and their friends. You see, there are so many inconsistencies in these people’s statements that a reconstruction will very quickly highlight where they have not told the truth”.

An example of the power of reconstructions came only weeks ago in Spain where a father claimed his two children were abducted from a park. A police reconstruction quickly proved that the father had never taken his children to the park: witnesses who had seen him arrive in his car but hadn’t noticed the children in the back seat, were surprised to discover that in the reconstruction the child-sized dummies in the back were clearly visible. The children’s father is now in jail – although the children are still missing.

Amaral explained that when Madeleine disappeared police didn’t organise a reconstruction in Praia da Luz “because there were so many journalists on the ground” – and once the heat had died down, “the McCanns refused. They said any reconstruction should be made by actors – but the whole reason for reconstructions is to use the people involved, and see where their stories don’t add up!”

Going back to that first night is logical: the initial 48-hours after any disappearance are crucial. They can literally mean the difference between life and death – but in Madeleine’s case, Amaral is convinced of the latter. The theory that has led to his prosecution by the McCanns for defamation is clearly set out in his book “A Verdade de Mentira” (The Truth of the Lie) – banned from sale in 2009, and then “released” by the Appeals Court a year later. We say “released” because the books were actually never returned to publishers Guerra & Paz, and thus they and Amaral have had nothing to sell…

“It’s another part of the whole plot to assassinate my civil position,” Amaral says matter-of-factly. “I’ve been left with no chances; no way of paying my debts; liens on my property. I’ve had to move away from my family in order to protect them. My marriage, well, it’s not so good. Not good at all, really. My life seems to be all about divorce…”

So how does he find the strength to move forwards?

Well, I put the McCanns in a metaphorical box and I am not really thinking too much about the trial in February. I think I will win, and then they will appeal – but I have to have a path. I want to open another consultancy. I had one when I left the police force, but that was destroyed when the McCanns went after me over “A Verdade de Mentira”.

So that’s one thing - and the other is writing. I have recently brought out a new book: “Vidas sem Defesa” about missing children cases in Portugal, and I have another one almost ready (I am not going to tell you what it is about!). After that, I would like to take police “mysteries” and study them and write stories, not novels; stories based on facts to show what I believe really happened. There’s a real lack of books of this type.”

So he’s not angry over the agonies and frustrations he’s endured from what came from essentially doing his job?

“I have my anger well-guarded. No feelings for revenge. Like I say, they will pay for what they have done to me and my family – but through the courts. Even after everything that has happened, I still have faith in the Portuguese justice system”.

And does he have any clues as to what catapulted the Madeleine case into the stratosphere of media attention? Why did the McCanns receive so much help from the British authorities right from the very beginning? And why were they and the so-called Tapas 7 never taken to task for child neglect – considering that they all left their children alone at night during the ill-fated holiday?

“Ah, now there we’re getting into politics – and quite honestly, those are questions for the British public to ask. I don’t have to have theories about them. My job was to find Madeleine”.

A job handed to him nearly five years ago – and one that he will never forget.

http://www.algarve123.com/en/Articles/2-1403/“Justice_works_in_Silence”

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A few comments from our forum:Link
I am so upset to hear him talk like this. I have been holding onto the thought that at least his family remained intact and would be a support to him. It feels as though it is impossible to do anything to help him, and the small contributions I have been privileged to make towards his legal expenses seem like a useless exercise if his life has fallen apart so much. The McCanns have so much evil to answer for in relation to their own family, but the persecution and destruction of this man takes it to a whole new level. I feel absolutely devastated for him.

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Even their pet dog was killed, its awful that two peoples actions have affected so many innocent people
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I too am worried having read this article, about his desperate state regarding his family and possible divorce. This is not good. Like others I have tried to think that he would survive the onslaught regarding the libel trial but it does seem that its weighing him down. He is confident though that justice will be served but at whose cost?

I am glad he is continuing to write but worry that the proceeds will only go in the coffers of the McCanns.

He needs more support - is there anything else we can do ?
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A few days ago I decided to create a video of support for Gonçalo Amaral (similar the Christmas Message last year http://forum2.aimoo.com/MadeleineMcCann/Goncalo-Amaral/A-Christmas-Message-To-Gon-alo-Sofia-1-917032.html )

Basically a video for Gonçalo Amaral with messages of support from anyone who wishes to add one.

I have put the details on my Facebook page and you can post message there or send an Email hideho1@hotmail.com

http://www.facebook.com/#!/profile.php?id=100002389988016
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Of course, Gonçalo Amaral - the detective who was in charge of searching for the McCann's missing daughter - isn't the only person they are trying to destroy - there is also Tony Bennett, the secretary of The Madeleine Foundation - who is trying to get the investigation re-opened, and Criminal Profiler Pat Brown...and you can see a list of the McCanns legal actions (at least 24 so far) that they are using the Maddie Search Fund to pay for..... here

Not only did Amaral's pet dog get killed but a car was also burned out McMafia style.

http://rosaleen-thewhistler.blogspot.com/2009/04/sergei-melinkas-car-bombed-out.html

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Some facts about the McCanns lawyer http://mccannexposure.wordpress.com/2011/12/08/liar-liar-edward-smethursts-claim-against-tony-bennett/

Prime Minister Theresa May introduces Prime Suspect Kate McCann to The Duchess of Gloucester

Prime Minister Theresa May introduces Prime Suspect Kate McCann to The Duchess of Gloucester

PeterMac's Free e-book: What really happened to Madeleine McCann?

Richard D. Hall: 'When Madeleine Died?'

Richard D. Hall: 'When Madeleine Died?'
Please click on image to view all three Madeleine films

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