Isabel Martorell* writes about Leveson; Bennett latest - up creek and paddleless

Lamplighter wrote:

crazytony wrote:Bonny, he cannot possibly represent himself; unless of course, he studies the laws of libel.

Libel is probably the most convoluted aspect of the law that one could ever tangle with. A good libel lawyer will have done many years studying, understanding and practising it; a practising solicitor cannot come up to the standard of knowledge required, let alone one who seems to be a total failure. Reading up the subject is no way to prepare yourself for going into court and facing one of the CR lawyers, is it? LL

Agreed, LL. Although you do only have to be telling the absolute proven truth. In which case it wouldn't be Libel. So Bennett doesn't appear to be depending on Proof, just on some peculiar aspects of possibility. But not actually probability.

Lamplighter wrote:I think we can assume that CR are running the show and that whatever is decided will be in their, and their clients', favour and not his. Personally I think he is going to get all he deserves and in spades! LL

I don't think I like that presumption, LL. And I don't think that that Judge Tugendhat would agree. I want Bennett nailed to the wall because he has been proven to be wrong, and not otherwise.

Sans said that he minded about the power of any well known and feared Lawyers because it could prevent a fair hearing, and that is why he tried to help Bennett. Sans wanted it to be absolutely fair. And he didn't much care about Bennett being an arsehole. Nor as it happens, do I. That is only an opinion. And opinions are the real danger.

I want him proven guilty as charged and then run out of town on a rail. I don't want him stitched up, if that is what you took from my post. I want a fair trial, with all the trimmings and a verdict that is also fair and above board. LL

Lamplighter wrote:I want him proven guilty as charged and then run out of town on a rail. I don't want him stitched up, if that is what you took from my post. I want a fair trial, with all the trimmings and a verdict that is also fair and above board. LL

But you are assuming that he is guilty, LL. And going back a few pages, no one can assume that The Claimant is telling the truth. We only think that they are.

No, I never thought that you want him stitched up. You should know me and my opinion of you better than that by now.

I guess that I was just a bit shocked by you thinking that Carter Ruck are in control.

Sabot, we are witnesses to what he has done. This is not a criminal case, where the assumption of innocence rules.

bb1 wrote:Sabot, we are witnesses to what he has done. This is not a criminal case, where the assumption of innocence rules.

So what does Rule? Unless it is No Proof. And No, you may not be allowed to say whatever you like, anywhere, and by any means. Or at least, I think not.
Bennett has tried to bring in Fair Comment and a right to Free Speech which in my book has got nothing to do with what anyone thinks of The McCanns. For Christ's sake, he has done everything in his power to point to their culpability. But that isn't the point. The point is, does he have this right to do this under whatever rules he deems fit?
I don't know if he does.
I don't like it when stupid people say that I am a Witch because I live alone with a black dog, and believe me, they do. And it does damage me. But there isn't much to be done about it.

But in the end The McCanns had to do something because there was no end to what Bennett would do next. However, I don't expect Judge Tugendhat to understand that. And if it goes to Jury then it won't be his problem anymore.

I have to admit that yesterday I was wondering why the judge would put the committal hearing ahead of the libel case if he was insisting on a libel case going ahead.

I spoke to someone today and a suggestion was made to me by that person. That is that Bennett may not be telling the whole truth. There is a possibility that it was put to the Judge by CR that the trial will not be completed in the very near future but that Bennett is continuing to do damage.

In that instance it is possible that the judge would accept that the committal hearing be heard prior to the trial. And he may well have agreed that no specific punishment may be meted out until the full trial has been heard BUT he may have left open (something Bennett would not be keen to announce) the possibility of granting the McCanns an specific injunction (with the threat of immediate imprisonment perhaps) preventing Bennett from further action causing damage. It was also put to me that even if that was not specifically stated in court by Tugendhat, it could have been part of his reasoning as to the way to proceed.

I have no idea whether this is what has happened but it is a viable legal reason for the way things appear to be panning out.

Well, Stephen Birch has just posted a diatribe about Litigation. It is largely illiterate and bears no resemblance to actual Law. But he is right when he says that it interferes with your sleep.
Just how he has managed to Litigate wholesale while still pursuing the disappearance of Madeleine is not something that he cares to mention, but one might wonder how he ever found the time.

The person who suggested that might be the true lie of the land makes sense, Greenink - which is more than Bennett's version of events does.

Sabot wrote:Well, Stephen Birch has just posted a diatribe about Litigation. It is largely illiterate and bears no resemblance to actual Law. But he is right when he says that it interferes with your sleep.
Just how he has managed to Litigate wholesale while still pursuing the disappearance of Madeleine is not something that he cares to mention, but one might wonder how he ever found the time.

Perhaps his two years chasing waveforms in Murats garden actually came AFTER his four years sleeplessness and failed litigation? In which case it may be that the litigation caused the McCann obsession by causing his obvious mental issues.

Mr. Bennett never tells the truth about anything. We have documented evidence of that.
But in the end The Court will decide. I just wish that it wasn't taking so long.

Sabot wrote:
Mr. Bennett never tells the truth about anything. We have documented evidence of that.
But in the end The Court will decide. I just wish that it wasn't taking so long.

Should this go the full distance, the Committal hearing may be heard before Christmas (actually if it happens really quickly it may be a pointer as to the urgency which the Judge has afforded to it and a clue to the real reason for it).

But I cannot see that a full libel trial will begin till next year some time and depending on how it goes (and whether Bennett has to consider outstanding penalties from the earlier Committal or the McCanns feel that Bennett has won unjustly) there may be an appeal. If so I would guess 2014 is the best bet for a final decision. I do wonder if his continued demand to vary his conditions is due to him wanting to put off the penalty as long as possible.

I see our Tony has jogged Bennett's memory:

http://thehoundingofthemccans.blogspot.co.uk/2012/10/did-defendant-bennett-hamper-search-for.html

Quite. It wasn't Bennett's decision to make, he has no authority to sit as judge and jury.

Makes you speculate about what else he has withheld, doesn't it?

Oh my word!

My favorite music on Tony's site is back so we can speculate what that means.

Thank you Tony and very appropriate. (wild applause from over here)

I do wonder if his continued demand to vary his conditions is due to him wanting to put off the penalty as long as possible.

He's about as keen to get into court and wave his rusty butterknife of troof as his idol Amaral, isn't he?

You would have thought the pair of them would be counting the minutes until they could play all those Aces, but no. They are as keen on going to court as vampires are on eating garlic.

As he can't play the 'poorly lawyer' card, maybe Bennett will have an unfortunately-timed 'health scare' - just speculating, of course!

Oh, Bonny. You think Bennett is going to try to avoid 'The Final Countdown'?

I feel ill - and angry - every time I look at that:

http://thehoundingofthemccans.blogspot.co.uk/2012/10/did-defendant-bennett-hamper-search-for.html

The sickening part is, he wouldn't think twice about withholding evidence that might help find Madeleine, hopefully alive and well. The last thing the likes of him and Gonc want is for the child to be found.

The last thing the likes of him and Gonc want is for the child to be found.

No matter what happens, that is something that will forever be between them and their Maker.

I confess that I am thrilled at the thought of the pair of them getting their comeuppance.

However distressed either of them may feel from time to time, let them remember what hell they have put the McCann family through.

http://thehoundingofthemccans.blogspot.co.uk/2012/10/is-bennett-still-saying-his-lies-didnt.html

Unlike Bennett, the internet doesn't 'misremember'.

What a silly, silly man Bennett is! Ah well.

I'll say he is, Bonny. This is like watching a huge train wreck.

Ah well, it gives him an excuse to strut around on the internet, looking for sympathy. I don't think he is going to find the real world quite so tolerant of his antics.

bb1 wrote:What a silly, silly man Bennett is! Ah well.

He's a smart arse, Bonny. And they always are their own worst enemies.

Yup. Not often you see someone so hell-bent on self-destruction, is it?

He's only just begun as well........