Wednesday 16 September 2009

Ms BUTLER FLOUNCES OUT OF MF





Well, well, well, it must be awful to have people pointing and staring at you saying...err... isn't that cow-faced woman THE STALKER? Can't be, she lives here in Kent. Oh, I get it, she travels across Britain in order to stalk people. She's a Travelling Door to Door Stalker.

PERSONALLY, I WOULD PUT A NOTICE ON MY DOOR, NO HAWKERS, NO STALKERS AND CERTAINLY NO BUTLERS.

http://missingmadeleine.forumotion.net/the-madeleine-foundation-booklet-leaflet-f74/the-madeleine-foundation-website-t1295-15.htm?sid=654756fd7a6cc96b7641b303faec5d13

"As from now until furthur notice if necessary - I am no longer working with the Madeleine Foundation"

IS THIS MESSAGE ABOVE POSTED BY A CLONE OR IS IT THE REAL STALKER


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UPDATE:


16th September MS BUTLER STATES:

Viv - "I have not changed my mind (ABOUT WHAT?) and not given up (WHAT?) - carrying on (WITH WHAT) as usual thank you"

THE EVASIVE EXPLANATION ABOVE DOES NOT EXPLAIN WHY THE FOUNDER AND THE CHAIRMAN OF MF IS NO LONGER ASSOCIATED WITH MF. THERE IS NO EXPLANATION ON MF AS TO THE APPOINTMENT OF A NEW CHAIRMAN. THE MF IS BUTLER’S VENTURE, WAS CREATED BY BUTLER FOR HER OWN AIMS AT HER OWN COSTS.

THIS LOOKS AS IF BUTLER, BENNET AND STEVO HAVE EACH BEEN ISSUED WITH A RESTRAINING ORDER, WHICH HAS TOLD THEM TO DESIST FROM POSTING LIBELLOUS MATERIAL ANYWHERE IN THE UK AND TO STAY WELL AWAY (1000 MILES WOULD COVER IT) FROM THE MCCANNS FRONT DOOR/STREET

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THE WRIT'S IN THE POST


http://missingmadeleine.forumotion.net/the-madeleine-foundation-booklet-leaflet-f74/debbie-butler-tony-bennett-joint-statement-on-legal-letters-received-from-carter-ruck-t4935.htm?sid=0eb9d09cc6ed2cc8ed103e4137ee83cf


Debbie Butler & Tony Bennett Joint Statement on legal letters received from Carter-Ruck

Released 7.00pm. Thursday 17 September 2009

On 1 and 2 September in the post Debbie Butler and Tony Bennett received legal letters from Carter-Ruck, sent by staff working under the direction of Adam Tudor, Partner. As most of you will know, Carter-Ruck is universally acknowledged as the leading and most expensive firm of libel lawyers in the country and successfully obtained nearly £1 million in libel damages against various British media and newspapers on behalf of the McCanns and their ‘Tapas 7’ friends during the early part of 2008. Both of us have received letters making the following six key demands:

1) To permanently take down our website at http://www.madeleinefoundation.org/

2) To deliver up to Carter-Ruck all outstanding copies of the booklet “What Really Happened to Madeleine McCann? - 60 Reasons which suggest that she was not abducted”

3) To deliver up to Carter-Ruck all outstanding copies of the leaflet: “What Really Happened to Madeleine McCann? - 10 Key Reasons which suggest that she was not abducted”

4) To erase all electronic copies of both the booklet and the leaflet

5) To use our best endeavours to remove all allegedly defamatory postings by either of us on any website, forum or blog, and

6) To permanently cease from making any further allegedly defamatory statements about the McCanns.


The nature of the alleged defamation is that we have publicly suggested that Madeleine McCann died in the McCanns’ holiday apartment in Praia da Luz and that the parents bear at least a degree of responsibility for her death. In this respect we adopt the conclusions of Goncalo Amaral in his best-selling book published last year, ‘The Truth About The Lie”. In addition, Tony Bennett received a separate legal letter in relation to postings he made about Brian and Patrick Kennedy on the now-defunct 3Arguidos website in July this year.We cannot hide the fact that these letters and how to react to them have created some uncertainty and pressure as we decide how to reply. We are taking legal advice on what are clearly highly complex legal issues.This pressure was increased when on Tuesday 15 September we received further legal letters from Carter-Ruck informing us for the first time that under something called the ‘Pre-action Protocol for Defamation’ we were expected to reply in full to their demands within 14 days. They have now insisted that unless we reply in full to all letters by tomorrow (Friday 18 September 2009) they will immediately instruct a barrister to draw up a libel writ. It may be recalled that on 27 October 2008, Debbie Butler as Chairman of The Madeleine Foundation wrote to the McCanns themselves, Clarence Mitchell, the McCanns Chief Public Relations Officer, Carter-Ruck themselves and two of the McCanns’ many other lawyers, offering to withdraw or amend any statement we had made on our website in our ‘30 Reasons’ article or that was in our forthcoming book, ‘60 Reasons’ (which we published on 7 December 2008) that they could demonstrate to be untrue. No reply has ever been received to any of those five letters, until the letters we received on 1 and 2 September. We regard it as wholly disproportionate to demand replies from us within 14 days when these letters did not arrive until 310 days after we wrote to them on 27 October 2008 - and we have said so in no uncertain terms. We are consulting with lawyers and until we have received their advice which could include having to seek a barrister’s opinion, we cannot yet say how we will respond.It is against this background that Debbie and Tony jointly admit to a misunderstanding between them during the course of 15 September which led to Debbie posting a notice on a Madeleine forum that she would not be working with The Madeleine Foundation ‘until further notice’. That misunderstanding has now been fully cleared up and we remain united in our commitment to the work of The Madeleine Foundation. Debbie will remain as Chairman and Tony as Secretary. We both wish to say sorry to our members and supporters who were troubled at the news that Debbie might be leaving and at the same time thank all of you who have been kind enough over the past two days to send us messages of goodwill and encouragement.

At the same time, Tony Bennett, having received appropriate legal advice, has already replied, earlier today, to the legal letter received by Carter-Ruck on behalf of Brian and Patrick Kennedy. Accompanying this statement is Tony’s on-the-record reply to that letter. We should just like to add this. Any fees incurred for legal advice will be met personally by ourselves and the funds in The Madeleine Foundation’s bank account will not be used. Future MeetingsOur plans continue with our meetings in Cardiff on 3 October, south Manchester on 14 November, and of course our 2nd International Conference in the East Midlands on 27 & 28 February 2010. WebsiteFinally, we would like to report that we have reached an agreement with Steve, our webmaster, for the maintenance of our website to be transferred to a new webmaster in the near future. Steve is kindly maintaining our website until such time as a new webmaster is secured. We both wish to place on record our thanks to him for having created our website back in October 2008 and having successfully maintained it since then.


Debbie Butler and Tony Bennett


BENNETT CAUGHT LYING IN A LETTER TO CARTER RUCK dated 17/9/2009


http://209.85.229.132/search?q=cache:sGe9Bg7JYfwJ:www.the3arguidos.net/forum/viewtopic.php%3Fp%3D1080246%26sid%3D8d1d2bc06105c9e4b90efd5ccfa1077e+brian+kennedy%2Bthe3arguidos%2Bbennett&cd=2&hl=en&ct=clnk&gl=uk

the3arguidos.net:Tony Bennett wrote:
On reflection I can see no problem with identifying Brian Kennedy's son; his name is Patrick Kennedy and from the description given, he was around 20 years old. His role was not that of an investigator as such, but he would for example accompany his father on some of his travels to see witnesses, e.g. in Praia da Luz, and he would be by his father's side at some of the meetings with the investigators, held in the Knutsford house.

the3arguidos.net:Tony Bennett wrote:
The name I was given was definitely Patrick Kennedy. I do not know how many children Brian Kennedy has, nor their names, but Patrick Kennedy was the one said to be intimately involved with the McCann 'investigation' (or cover-up)


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AJSBennett Says: October 2nd, 2009 at 10:42 pm
THE DECISION TO ACCEDE TO CARTER-RUCK’S DEMANDS

Today began at 4.00 am for Debbie and 5.00 am for me as we had an appointment with Kirwans Solicitors, Liverpool at 11.00am.
The meeting was with Partners David Kirwan and Michael Sandys, Solicitor Julia Kirwan and Media Advisor Nick Mason and lasted four hours with three short interruptions.
Clear advice was given that because of the high degree of uncertainty in libel litigation, no guarantee could be given that if we defended a libel suit, we would win. It was emphasised in graphic terms by one of the Partners that on a worst-case scenario the outcome could mean complete financial ruin for both Debbie and myself, with all our savings raided and court orders made to recover the equity value each of us have in the homes we own. It was also emphasised that Carter-Ruck had immense resources both within their firm and beyond them, that they could sustain a case lasting many weeks, and that to defend the proceedings would require us to engage libel lawyers at huge fees which neither of us could remotely afford to pay.
We were further advised that correspondence between Kirwans Solicitors and Carter-Ruck on 24, 25 and 29 September and 1 October revealed a strong likelihood that Carter-Ruck had indeed already drafted a libel writ and would be ready to walk into the High Court on Monday (5th Oct) at 9.00am to issue a writ, unless we acceded to their demands in full by close of play on Friday (i.e. today).
Accordingly we telephoned Carter-Ruck at 3.14pm today and faxed them written notice of our accession to the McCanns’ demands at 3.25pm. Attempts to speak to both Adam Tudor and Isabel Hudson, the two main Solicitors conducting the litigation for Carter-Ruck, failed as we were informed that ‘the entire department’ was tied up in a meeting this afternoon. That was still the case when we telephoned again at 4.47pm to make absolutely sure that our fax had been safely received. Julia on the switchboard confirmed that it had been.
Kirwans offered to assist us with concluding written terms of settlement with the McCanns, via Carter-Ruck, if we paid them a retainer of £5,000 plus VAT. After a short period of consideration,(a nano-second) Debbie and I decided that neither of us could afford this. We offered the sum of £500.00 to Kirwans for their advice to date which was accepted and paid by us. I should explain that this was in respect of several hours of advice and assistance from Kirwans during the period 24 September until today, notably including a sentence-by-sentence analysis of the ‘60 Reasons’(libellous) book by Partner Michael Sandys. As we cannot afford further legal help, we shall have to deal with any further correspondence with Carter-Ruck ourselves.
FINALLY…
I wish to make it clear to all readers of this forum, whoever they are, that as from today we gave notice to Carter-Ruck that we acceded to their demand that The Madeleine Foundation website be ’suspended permanently’. Stevo has exercised what he asserts are his rights associated with registration and ownership of the domain name etc. and is now in personal and sole control of this website which has been re-named.
THIS WEBSITE THEREFORE IS NO LONGER IN ANY SHAPE OR FORM UNDER THE CONTROL OR DIRECTION OF THE MADELEINE FOUNATION


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The terms the McCanns demanded via Carter-Ruck on 27 August 2009Tony Bennett Today at 11:36 pm

Guardian_angel wrote:The McCanns have not succeeded in gagging Tony and Deborah, although all that has happened is the website medium has been removed in their name but the actual website is still ongoing. I think actually that this is a stroke of genius in a way. They have both done what Carter-Ruck insisted be done, remove their names from the website but the domain never belonged to them in the first place.The foundation is still ongoing and the work of both Tony and Deborah is also ongoing with the Cardiff meeting today…

Tony Bennett wrote:

Actually, we have been gagged. The McCann have succeeded in gagging the two of us.The original Carter-Ruck letter dated 27 August 2009 said that we had either directly or indirectly claimed that Madeleine was not abducted, that her parents knew what had happened to her, i.e. that she had died, and that they had in effect covered up her death either by hiding her body themselves or arranging for others to do.

As a result of the fax we sent to Carter-Ruck yesterday afternoon, Debbie and I are not allowed to repeat that allegation. I have not yet published the original Carter-Ruck letter but point 4 on page 3 states:"We require you immediately to agree to undertake not to publish the same or any similar allegations about our clients, in any medium whatsoever".We are therefore committed to not repeating the substance of the above allegation against the McCanns as set out above. On the subject of our former website, can I just make it clear for the record once again that until around 4pm yesterday, the website at http://www.madeleinefoundation.org/ was The Madeleine Foundation's site, under our control and direction, but registered to Stevo as the registrant and nominal owner.We asked Stevo to close the website, as per Carter-Ruck's requirement for us to 'permanently suspend the website http://www.madeleinefoundation.org/However, Stevo has now asserted control over the website and there is nothing we in The Madeleine Foundation can do about that. The work of The Madeleine Foundation will continue, in accordance with the aims set out in our constitution, but after agreeing to accede to the McCanns' demands (s set out in Carter-Ruck's original letter) our work will inevitably have to take a different form and direction.We had a successful meeting in Cardiff today with some welcome new faces from South Wales present.
________________________________________

THE FOUNDATION WEBSITE URL HAS NOT CHANGED BUT HAS ANOTHER NEW CLONED URL LINKED DIRECTLY TO THE ORIGINAL. TONY BENNETT AND DEBORAH BUTLER HAVE AGREED TO THE STIPULATIONS SET OUT BY CARTER RUCK – THAT THEY WILL TAKE DOWN THE NAMED WEBSITE, NOT MERELY TO SUSPEND IT. TB’S AND DB’S PROMISES ARE WORTHLESS. NOTHING HAS HAPPENED TO THE WEBSITE, OTHER THAN THE WEBMASTER THROWING HIS WEIGHT AROUND. STEPHEN b. MARSDEN of 1409 Village Drive,25309-2429,South Charleston, West Virginia THINKS HE IS IMMUNE TO THE LAWS IN BRITAIN. HE FORGETS THAT HE IS A GUEST CITIZEN IN THE U.S.A. AND HE IS ABUSING HIS STATUS. WHEN PUSH COMES TO SHOVE, THE USA DOES NOT PROTECT TERRORISM IN ANY FORM.


TONY BENNETT’S AND DEBORAH BUTLER’S NAMES AND ADDRESSES STILL APPEAR IN THE CONTACT TAB. THEY ARE THE ONES ACCEPTING MONIES IN EXCHANGE FOR LIBELLOUS LEAFLETS. THEY ARE THE ONES ACCEPTING MONIES IN EXCHANGE FOR THE GERMAN VERSION OF THE LIBELLOUS GONCALO AMARAL “PACK OF LIES” BOOK ABOUT THE MCCANNS. THEY ARE THE ONES RECEIVING PAYPAL MONIES IN THE DONATIONS TAB.


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Ambersuz (on MM) states:


Tony this is really confusing.....Why are you asking for a legal defence fund and postage stamps if you have made it very clear to me in emails that you are giving in? What is this money going towards? And stamps?Does that mean you are going to continue posting the booklets?


Tony Bennett 5th October 2009 at 19:44 (on MM)

Ambersuz wrote:Tony yes, I know most of this already excluding the discussions in yesterdays meeting so I have one question for you.Was this forum or the 3A's mentioned in the Carter Ruck correspondence?


Tony Bennett:

I have not yet published any part of the original Carter-Ruck letter of 27 August 2009 although I have given a summary of the McCanns' main demands in one or two places on the net.

Tony Bennett said:

To assist you, I will quote the relevant section of their letter verbatim and unedited from page 3 of their letter.

QUOTE:

The purpose of this letter is to require you immediately to agree to desist from further pursuing this course of conduct [i.e. allegations that I had pursued a campaign of harassment against the McCanns within the meaning of the Protection from Harassment Act 1997] and in particular(1) ---(2) ---(3) To use your best endeavours to delete or otherwise prevent access to defamatory postings about our clients published by you on other websites including (but not limited to) postings on http://www.democracyforum.co.uk/, http://www.truthformadeleine.com/ 'the3Arguidos' discussion forum; and(4) To undertake not to publish the same or any similar allegations about our clients [namely that the McCanns somehow caused the death of Madeleine and conspired to cover up her death], in any medium whatsoever.

UNQUOTE

Having agreed to their terms I have no choice but to comply with them.That means I have actually already started the process of deleting or arranging to have deleted any posts on any forum where I have suggested that the parents know about Madeleine's death and have covered it up.Furthermore I have over the weekend written a detailed letter to Carter-Ruck in which I have given a specific undertaking in the terms asked for in paragraph (4) above. Interpreting that strictly, as no doubt the McCanns and Carter-Ruck would do, it means I cannot repeat the allegations I have made against the McCanns in a book or booklet, in a leaflet, on the internet. in an e-mail, or even in a letter to family and friends.As you can see, the Carter-Ruck did mention in their original letter by name three forums.

If I do not use my 'best endeavours' to remove all those postings which deal with the central claim that the McCanns know what really happened to Madeleine, I place myself at further risk.


_______________________________


Tony Bennett said: (on MM)26 October 2009


Apologies to subscribed members who haven't heard from us lately, and apologies if any e-mail has gone unanswered. I was away for a holiday from 19 to 30 September, then took my mother to Austria from 7 to 16 October. If your e-mail arrived during one of those periods, it could be among a handful not yet answered.


The repercussions of the Carter-Ruck letters about the McCanns (27 August) and Brian Kennedy (28 August) are still very much having an impact on us.The concessions made in correspondence to Carter-Ruck re Brian and Patrick Kennedy appear to be enough to prevent any Court action, as I've not heard any response from them since our reply on 17 September, over 5 weeks ago. But the McCanns have threatened Court action in a further letter I received from carter-Ruck on Friday night (23rd October).We made four concessions: to permanently close our website, to cease publishing and distributing '60 Reasons', to cease publishing and distributing '10 Reasons', and not to repeat the main allegation against the McCanns that they know what happened to Madeleine and are covering it up. Their main 'beef' is that they maintain we have the ability to close our former website, when in fact we do not, as Stevo has assumed total ownership and control and we can no longer direct what goes on at that site for the simple reason that it is no longer ours.There is also a demand for costs in the light of what they say is our refusal to comply with our undertakings. Answering that letter point by point will take further time and effort and we can't afford any more lawyers to advise us. Our website was hitherto the main method of informing members, supporters and the wider world of our activities. That route is now closed to us. We will be sending out a newsletter to members and supporters very soon.I would like to emphasise that I am in effect bound by my undertaking not to libel the McCanns and thus my personal opportunity to comment and write is restricted.The Madeleine Foundation's Constitution states that our aims include the following:a) to pursue - in conjunction with others - the truth about Madeleine McCann’s disappearance on 3 May 2007b) to investigate the facts behind the extent of British government involvement in this case and the reasons for itc) to ensure that the media, in particular the British media, report this case accurately and give due weight to all viewpoints on Madeleine’s disappearance.My understanding is that none of those activities is banned by the undertakings we have given to Carter-Ruck, although clearly the way we go about this may have to change in the light of our undertaking not to libel the McCanns.For example, the aim "to pursue - in conjunction with others - the truth about Madeleine McCann’s disappearance on 3 May 2007" is one that can presumably be shared by those with any viewpoint on what really happened to Madeleine McCann, a mystery that remains to be solved. The whole world wants 'closure' over what happened to Madeleine and from what we were advised by lawyers we can continue to ask questions without, as it were, 'pointing the finger' at the McCanns. These are matters we will talk about at our next meeting.There is no restriction on meetings of The Madeleine Foundation, and our next one is, as planned, in the Manchester area on Saturday 14 November, further details from me.We also plan an Annual General Meeting, probably in January, for members.

Tony Bennett

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