10 February 2010

McCanns’ lawyer presents criminal complaint against TVI

By Lusa

Today, the McCann couple’s lawyer presented a criminal complaint against TVI, for alleged successive breach of the injunction that prohibited the diffusion of Gonçalo Amaral’s thesis, that is reproduced in the book “Maddie – The Truth of the Lie”.

Isabel Duarte filed the action at the Criminal Court of Oeiras, at the end of the morning today, indicating as witnesses Kate and Gerry McCann, who accompanied the lawyer and were heard by the Public Ministry, taking advantage of their stay in Portugal for the trial concerning the prohibition of the former Polícia Judiciária (PJ) inspector’s book.

The representative of the parents of the child that disappeared in the Algarve, in 2007, also accuses TVI of propagating the infamies and injuries against the British couple, that returns to London today, after the last trial session at the Palace of Justice, in Lisbon, over the provisory injunction that removed the book from the market, decreed on the 9th of September of 2009.

The hearing at the 7th section of the Civil Court of Lisbon, which has its final allegations today in the afternoon, consisted this morning of the depositions by two witnesses that were summoned by Guerra & Paz, Gonçalo Amaral’s book’s editor, and by Valentim de Carvalho, that was responsible for the sale of the video that was based on the documentary that TVI broadcast in 2009.

Eduardo Dâmaso, joint chief editor for ‘Correio da Manhã’, the newspaper that sold the video with its edition on the 29th of July, 2009, confirmed that the book was presented in Lisbon on the 24th of July, 2008, and stressed that “the book was edited after” the archiving dispatch of the investigation into the disappearance of Madeleine McCann, on the 29th [sic] of July, 2008. [the archiving dispatch was issued on the 21st of July, 2008]

The journalist recalled that in Portugal other books about investigated cases were published, and are still on sale, like for example, among others, about the Camarate case and with the book “The Faces of Justice”, by Marinho Pinto, present head of the Lawyers’ Order.

Producer Luis Froes [general director of Valentim de Carvalho Multimedia] explained the contract between Valentim de Carvalho and TVI, and the judge ordered the document, which set the period between the 27th of April and the 30th of June, 2009, for the sale of the video [via Correio da Manhã], appended to the process.

Upon leaving the court, Gonçalo Amaral repeated that “there was no violation of the judicial secrecy” and stressed that “what is in the book is what is in the investigation”, noting that he is not worried “about whatever the McCanns may do”.

António Cabrita, the former PJ inspector’s lawyer, also spoke, mentioning that “there is no offence in the book, because it is a faithful reproduction of the investigation”.

“It embarrasses me as a citizen, to see opinion being limited”, he added.





49 comments:

  1. Talk about alienating the very people they want help from!
    Their new appeal tonight is likely to fall on deaf ears if they carry on gagging the Portuguese.

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  2. The timing of this IMO will not look good on them ,on the last day of the libel trail ,they jump on to the next meal ticket ,I think and I pray them doing this has helped Goncalo

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  3. Pathetic Mccanns is that all they can do sue and sue, using others peoples money with no risk to them?

    Following the injunction case, I have to say that Amaral's witnesses and presentations were spot on and convincing. If he does not win this case based on what was stated in court then there is no justice in PT.

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  4. I have been reading the tweets on sky news all day ,and I hope im not jumping the gun in thinking it went VERY well today ,a LOT better than I expected it to go ,Joana/Astro what is your impression of today ?

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  5. Why don't the McCanns go the whole hog and sue everybody in Portugal who dares to discuss the case.

    They so want to control everybody.

    I hope Portugal faces up to them and sends them packing, abduction fairy story and all.

    Then I hope they reopen the case whether the McCanns like it or not.

    Will the McCanns try and stop that?

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  6. Se continuam assim têm muitos leilões e muitas angariações a fazer...A Isabel Duarte é que deve andar feliz da vida.Tem a reforma garantida.
    No último dia da audiência lá se lembraram que há uma criança "desaparecida".Mais vale tarde do que nunca...

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  7. The McCann couple are a hard-face pair of criminals who love to spend other people's money , hand over fist , on days out in court . When will they have the time or the inclination to look for their daughter Madeleine , I wonder ?

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  8. Well done Goncalo. You are a very brave and courageous man.

    Sky ( if no one else) has at least reported on this case and that has to bring this information to very many people. :D

    Hopefully now a good many people in England and around the world will question the story the Mccanns have given us for far too long.

    Proabably one of the only truths the McCanns have ever spoken is that a little girl is missing.
    All they have to do is ask for the REAL, professional police to start up the investigations again...who knows what they might be able to find? It seems they have wasted far too much of the "fund" on dodgy di*ks who have so far ripped them off and let them down. That must be SO frustrating when all you want is your beautiful daughter back.

    It must be about time to ask the real police to help them ( this is a FREE service, therefore no need to worry about the "fund" running dry). They might even be able to find their missing daughter! :D

    Wouldn't that be wonderful? They keep telling us how she needs to be at home.

    I seem to remember her name was Madeleine by the way ;D

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  9. When are they supposed to have broekn the injunction? What are they alleged to have done?

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  10. starting with a bit of off topic news.....here in belgium according to la dernier heure newspaper today a woman who was jailed for suspected killing of her baby has been let out of prison because a lie detector test proved she had not been lying.....so now kate and gerry know how they can prove their innocence

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  11. Sky news reports -"The couple also said they wanted the whole investigation into their daughter's disappearance to be reviewed by Portuguese and British police." Does this mean that they are requesting that the case is reopened?

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  12. The 'high risk strategy', the roll of the dice, is what the last three years has been about. The great thing for them is they kept getting six's.

    When they left Portugal after being made arguidos, kate was rolling the dice - 'They could have stopped/arrested us but they didn't'. Law suits? Just another throw of the dice. They still seem to think that they will continue to get six's.

    I hope that's part of the 'tactics' by interested parties because that could mean that they are being set up for a big fall. That's the only way I can make sense of the whole picture. Really, nothing else adds up, If If you take it all at face value, it's too absurd to make sense.

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  13. There is no evidence Madeleine has come any harm
    She is happy with paedoman on an isolated farm

    So they were not looking for Maddie in Portugal today
    The important thing was to ban the book and then fly away
    If they admit Maddie is dead then their fraud is knocked on the head

    They no longer tend the sick and dying
    Its much more profitable to carry on lying
    Losing Madeleine has given them wealth and fame
    If Maddie was found life wouldn't be the same

    Remember, he is Dr Gerry McCann used to stitching people up
    And his number one target is the author of that book
    He is Dr Gerry McCann and orders your respect
    He is the acknowledged expert in the world of child neglect

    Even Jim Gamble head of the CEOPS
    Bows down before him, as do all British cops
    Remember, he is a Doctor with the power of death and life
    And in this is well supported by the wife
    Maddie is now their business and their pension plan
    And a sardine muncher dare question how it began

    But McCanns, there are a growing number who disbelieve your tale
    And will persevere until you low life scum go to jail.......

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  14. Goncalo's book which, as Antonio Cabrito says, is a faithful reproduction of the investigation, with this hearing is getting more famous by the minute, so the McCanns are doing him a favour in a way. If this hearing goes against him, he will become a martyr to freedom of speech for the Portuguese people. And then on to the European Court. Bring it on Goncalo!

    Now they are calling for the PJ to review the case. They should be careful - it might happen and they and their pals may be ordered, instead of asked, to go back for a reconstruction, and Kate may have to answer all those questions left hanging.

    Kate McCann is on ITV news at 10, telling how she has to keep going! Obviously she does if she wants to leave no stone unturned, or more to the point, not miss a chance to get on the media and maybe con more sympathy money out of those who can't see right through their money making scheme.

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  15. Criminal charges against TVI!? These crooks really stop at nothing. But their struggle is something that reminds me of General Custer's final battle at Little Big Horn. GHe was beaten. The same with the McCanns:They are finished, and their so called lawyer Isabel Duarte seems desperate. "The public prosecutor took the testimony of the McCanns, taking advantage of the the couples' visit to Portugal." It would have been far more appropriate to take advantage of this fact by issuing an arrest warrant for this nice pair of criminals and lock them up for good while they are on our happy hunting grounds.

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  16. Why does Kate McCann always say that people should remember that a little girl is still missing. Can she not refer to Madeleine as our daughter who is still missing! Such a cold couple they show no real emotion at all.

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  17. Maybe if everyone were to repeat terrible libel such as 'Madeleines disappearance is a mystery' then the McCanns would be stretched very thinly to drag us all through the courts!

    It is incredible that this pair are doing so much to prevent discussion about the loss of their child...what is it they are afraid of? Surely it is just what is needed, widespread discussion?

    Still, now they have made it clear to the world that they want the case reopened, the Portuguese judiciary will see that they have their wish? Im sure Kate is keen as mustard to answer the questions of the authorities?

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  18. This demented situation is making the British establishment, in no particular order; Home Office, DCSF, CEOP, Police Forces- Leicester, Scotland Yard, FSS, Prime Minister ...... look ridiculous!
    Feel free, anyone, to add to the list.

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  19. Can a lawyer bring a criminal complaint? I thought it had to be the executive?

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  20. A whole week to wait! How many more people can the McCanns find to sue in 7 days?

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  21. They hate any mention of the Gaspars' statements; let's repeat then, GASPARS' STATEMENTS -a must read.

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  22. Did the McCanns take the stand and give evidence? of course not.

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  23. Hello everyone!
    This people!!!!!! (the mccanns)

    I think its really a good sign for Amaral for the final day of the trial even if we can not predict the outcome of the verdict of the Judge.

    Amaral's lawyer made a very good final speech!!! and in addition we can see that on the face of the mccanns, the confidence they showed for the 2 first days it was fading away.

    On this last day they showed themselves as they have lost their confidence, probably bcause after the 2 first days they had the time to analyse the process. i think they have find out they have put themselves in bad situation.

    Hearing them saying that they want the portuguese police to review the whole investigation police, that is surprising!!!! Will they accept to return for reconstruction? Will Kate accept to answer those 48 questions she refused to answer?
    I think the mccanns may have another plan hidden behind to get away easely or to gag anyone involved

    Surprising they made an appeal gaving a portuguese phone number to call!! Why they have not done that longtime before? or why they have not put at least that number in their website(findmadelein.com), alongside with the phone number of their private investigators? The only number shown to call in they website is that one of their private investigators, not even the number for the UK police.

    Very strange

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  24. Does Portugal have the doctrine of the vexatious litigant? This from Wikipedia:

    Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

    A single action, even a frivolous one, is not enough to raise a litigant to the level of being declared vexatious, though repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

    Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in the abuse, vexatious litigants are often unable to retain legal counsel, and therefore represent themselves in court. Those on the list are usually either forbidden from any further legal action or required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions.


    Mr B

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  25. Taken from Brunty's blog:

    Posted by: missing madeleine on February 10, 2010 11:09 PM

    Kate McCann Lisbon 10/2/10

    "WE KNOW THAT PEOPLE CARE ABOUT CHILDREN, PLEASE HELP US"

    Gerry-

    "Three is one real reason why we have come here and why we have taken this action, and this is why it is:
    It is our daughter who is missing and who deserves justice for a fair search. The laws of a democracy are there to protect the vulnerable of society and our daughter is vulnerable, our twins are vulnerable.
    Given what you have heard in the Court over the days of this trial we want to appeal to the PORTUGUESE people again to come forward with any information which may lead us to help find Madeleine or any other information that might be related to Madeleine's abduction. The number is........."

    Kate McCann-

    "It's obviously been difficult to hear all of these allegations again mmh but it is re-assuring once again for it to be demonstrated publicly that there is no evidence that Madeleine has come to any harm. And we really do want to ask the Portuguese people and continue to ask them, please help us. There is a little girl still missing regardless of what Mr. Amaral and his followers say, and they have their own motives, there is a little girl still missing and we know that PEOPLE CARE ABOUT CHILDREN, please help us."

    Youtube video.

    Posted by: missing madeleine on February 10, 2010 11:21 PM

    Are the mammy and daddy beginning to realise that people DO care about children. Allelujah! Praise the Lord!

    Would it be silly of me to ask aboot how it has been 'demonstrated publicly' that no harm has come to this bairn?' Did something happen in Court today to demonstrate this? Or is this just a random statement without any foundation?

    A personal note only, I do wish they would stop referring to their little lass as a 'wee girl' is still missing' this is their daughter, the light of their life. I cannae think that I would describe a missing loved one in this way. Its so cold hearted, unfeeling. They are strange mammy and daddy to me.

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  26. It embarrasses me to be a british citizen right at this moment!

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  27. Posted by: missing madeleine on February 10, 2010 11:48 PM

    'Mr McCann said the main reason for fighting the case was to make sure people kept looking for Madeleine.'

    "If people believe, unnecessarily, that she's dead without any evidence then we'll never find her," he said.


    To believe 'unnecessarily' that shes dead!

    What kinda turn o' phrase is that? 'unnecessarily? Is it ever u/necessary to believe that someone has died? Oh goodness grief wit are they thinkin' aboot? It gets stranger by the meenit.

    So too, if the public believe the bairn is dead, it is then OUR beliefs that will prevent them ever finding the bairn according to the daddy! So the blame for the bairn being missing and not being found has now shifted to the public away from the mammy and daddy.


    They are not to blame for leaving them. Not to blame for the disappearance, and not to blame if she never is found. Well all done and dusted then. Case closed.

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  28. It appears that the McCanns together with their Lawyer Isabel Duarte, have decided to use the "Scatter-gun" technique against anyone who has a different opinion to their's. In January they threatened via their Lawyer to attempt a "Criminal Prosecution" of Snr. Amaral for a violation of the judicial secrecy. No mention of this now because it did'nt occur------the book was edited 8 days AFTER the Archiving dispatch ! Today's proposed victim is T.V.1, the McCanns are on a manic Helter-Skelter to silence the whole World or failing that to sue us all into silence! I have news for them,never while I have breath in my body,will I be silenced by such poor excuses for parents as these two. Nor must anyone else allow themselves to be crushed into acceptance of censorship!

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  29. What arrogance this pair display. Who else will they sue? They are beyond belief and are digging themselves into a deeper hole with each step they take. They are beyond contempt and anyone who still believes their lies must be mad.

    I can hardly bear to see them anymore.

    Poor little girl. My granddaughter is almost as old as Madeleine was when she 'disappeared' and it tears my heart out to see this couple and their lies.

    Hamish

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  30. Maddie no mystery, or we will sue! McCann speach control reaches insane and ludicrous proportions!

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  31. It must be wonderful to have so much money and time to be able to devote to doing the important things in life, ie suing people, getting books and documentaries banned, closing websites, hosting gala dinners, etc.

    Where does all the money to pay for this come from? Has Kate McCann gone back to work? Didn't someone say she needed to work before May 2007 so that they could make ends meet and pay their mortgage? How do they manage now AND have money to do all these other things (apart from searching for Madeleine themselves, of course).

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  32. Now let's think about this one.......would it be, just possible, that they are hoping to get a ruling against TVI....in order to sue them.....you know what i mean, just in case the present libel ruling goes against them. Lets face it folks, you've gotta have a little something to fall back on..keep the money flowing in, that sort of thing....don't you!!?

    lindi

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  33. The best things the human being ever invented are a bed, a pillow, sheets and blankets.Specially in Winter time.
    I'm deadly tired of today and I am not even Judge Gabriela or Isabel Duarte.

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  34. The "Meccanos" saga is getting comic by the day.

    I loved it when Cabrita said in court:

    "I refute the idea that any Portuguese citizen is forbidden to talk about this case". Adding: "I hope that you (judge) will give me back the pride of being Portuguese, to live in freedom."

    It says it all.

    "Fake Abduction" has just been published in the US. Will the "Meccannos" tamper with the American judicial system? No way!

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  35. It was on the basis of CONTRADICTIONS in the statements of GERRY McCANN that the BRITISH POLICE suspected HOMICIDE?

    Eh? Well there you have it. As plain as day. One month after she disappeared. Contradictions in Saint Gerry's statements: "HOMICIDE".

    "Find the body."

    "And prove we did it."

    "HOMICIDE."

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  36. Antonio Cabrita, the former P.J. inspector's lawyer, also spoke, mentioning that "there is no difference in the book, because it is a faithful reproduction of the investigation. Mr Cabrita added "It embarassesses me as a citizen,to see opinion being limited,"

    Two negligent parents from the UK,left three small children at risk of significant harm, in a dark room in a foreign land. One child has mysteriously disapeared, and these parents are allowed to torment a citizen of Portugal in a Lisbon court, because he wrote a book that contradicts the parents abduction theory.

    Portugal is not a rich country, and should the McCanns fail in their attempt to silence Snr Goncalo Amaral and steal his book. I trust he will publish his book in English and use the money to sue the McCanns and certain British newspapers in an English court. Now that would be JUSTICE.

    An Englishman


    .

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  37. If the case is re-opened will judicial secrecy be re-instated? Were they afraid a journalist might ask why they have not asked for the case to be re-opened so they gave a prepared statement which sounds like they want it re-opened but doesnt actually request it? Are they hoping a friendly reveiwer will declare Hewlitt the abductor providing Brown and Socrates control the review panel? Gerry keeping everyone guessing again,maybe he has been given assurances from Clarries government contacts that everything is inder control-if so ,he is a fool if he believes them-all IMO

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  38. I don't know whose number the McCanns want people in Portugal with information to call, but I hope if there are such people around, it will be the cops and not the McCanns they give it to.

    Who knows how much evidence has already been given them which has not been passed on to the official investigators.

    They have been meddling in this case from the get go, all to the detriment of finding out what really happened to Madeleine.

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  39. And how, exactly, does this help in the search for Madeleine??? Surely they cannot be allowed to use the Fund to pay for this, it will make no difference to the search for their daughter. They keep saying they are injuncting the book because it hinders the search, but this case is just spite/revenge and is all about them, surely the whole world can see this now, what we have seen for the past 2.75 years? I pray the UK press will now finally realise the emporer does not have any new clothes.

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  40. Post 16. Agree. And why does Kate Mccann always say that people should remember that a little girl is missing? Of course people do remember, but do you remember Mccanns? Maybe a 'self' reminder. That explains why they didn't search, they simply forgot. And by the way it isn't always that dark. Though some progress: at least they know that people care about children. Superfluous to mention, deception of the public IMO.

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  41. i am ashamed of the british police and the british newspapers who constantly tell us its every ones elses fault that madeleine went missing with there constant sniping at the portuges police and portuges people.WHEN ARE THE BRITISH POLICE AND NEWSPAPERS GOING TO GET A BACKBONE AND STAND UP FOR MADELEINE BETH MCCANN INSTEAD OF THESE GHASTLY MONEY GRUBBING SO CALLED MCCANN PARENTS

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  42. This Isabel Duarte is incredible! She accuses TVI of repeatedly breaching the injunction. TVI was not banned from speaking about the case and any involvement of the parents. As far as I know only the three respondants are concerned, Gonçalo Amaral, the book publisher and the video producer. I'm glad that one of the witnesses mentionned how the McCanns' lawyers used to the injunction stop the showing of the video in other countries. This is a method that must be totally unethical.

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  43. Poster 22 ,I too sat watching my computer screen with baited breath waiting for the promised taking the stand ,but just as the promised lie detector test ,it never happened ....poster 25 one thing in Gerry statement you quote jumps out at me "vulnerable Maddie,vulnerable twins" how DARE he? who made them vulnerable every night? who left them so vulnerable that they now have one child less ? Its ok for them to make them Vulnerable is it ? No it isnt ,You can see the fear in their faces,they know they have blown it ,I can truly say now for the first time ,i think the end is in sight

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  44. Spot on, #37 - wanting the case reviewed is certainly not synonymous with wanting it re-opened, although it is meant to leave that impression. Re-opening of the case is the last thing they want, or they would have asked for it in July 2008. Why on earth didn't they just lie low after they ran away from Portugal in 2007 -they seem compelled to constantly stick their heads above the parapet to see what is going on, and inevitably one day they will get an arrow in their eye.

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  45. ;)) It seems the British Media is just as gagged when it comes to the "Meccanos" and others.

    Read these excerpts from an article published recently in the Guardian by Peter Preston.

    "There may be concern about press regulation – but has the Media Standards Trust got to the nub of it?

    Consider one question. "Where there are signs of public concern, would you expect an independent press self-regulatory body to carry out an investigation into an article infringing the prime minister's privacy by recording a personal telephone call between the prime minister and a third party?".

    73% say yes (definitely or probably) to Ipsos-Mori on that...

    Should the McCanns have gone to the Press Complaints Commission instead of winning £550,000 from the Express group in libel damages?

    What are "signs of public concern"? What, indeed, is an "independent press self-regulatory body"? (quote/unquote).

    Full text at:
    http://www.guardian.co.uk/media/2010/jan/24/press-complaints-commission-peter-preston

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  46. As I understand it, althought I may be wrong, if the case is re-opened the Judicial Secrecy will be reinstated. I think this is probably what the McCanns are after, a stop to the slow drip-drip of information from the files that was previously unknown to the majority of the British public. However, what I would like to happen, is for the Judge to be allowed to reverse this tradition on the basis that so much of the process is now a matter of public record that the need for secrecy is no longer necessary.

    I can dream.

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  47. The government here in Britain will be thrown out on it's ears in 12 weeks time at the general election.
    Expect things to start happening after that.

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  48. 25 - You quote (via Brunt) Gerry's own words "the twins are vulnerable." It's a very strange thing to say. they live in suburban Rothley.
    Well,this is wonderful proof of Gerry's unique mix of meglomania and paranoia.

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  49. Annon 10

    They also know that medications can interfear with detector results, they are after all doctors

    lindi

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