Bennett continued cross examination of IM.
He asked her a few questions, which included Bennett trying to get her to tell him which parts of various exhibits were libellous, and whether without the offending sections they would still be libellous.Bennett then asked if a member of Carter Ruck, joining Haverns to keep an eye on what was being posted was deceptive.
The Judge pointed out to him that IM was a witness, and that any questions regarding the case should be made to Ms. Page.
In around about ten minutes, being reminded a further six times that IM was a witness and that he could not carry on the questions
Bennett tried to produce an old “Sun”article as evidence and asked IM whether she had read it. Once again the Judge rebuked him for this
Bennett then asked IM why Carter Ruck had not told him about all of the breaches immediately. Once again the judge had to warn him, sternly Bennett said that he had written letters to the McCanns regarding the 60 reasons and other leaflets, giving them a chance to correct any inaccuracies but not received a reply , therefore he thought they were ok.
Once again the Judge gave him a warning
Bennett said that Madeline Foundation is a very obscure site, with only a few hundred views and that Haverns site,had very few members that can see most of the content. Most members are already “McCann sceptics”
Bennett for some reason wanted to quiz IM on the “49th” question to ask her opinion.
This got a rather terse rebuke from Judge, asking TB not to “engage in arguing the case with the witness, but to address such questions to Ms Page.”
BENNETT ON THE STAND
Bennett was told that his activities were damaging the search for Madeleine.
Bennett went to say that the signing of the undertaking was not voluntary, but he did so under duress. The alternative was to have to defend a libel action which he could not afford to.
Bennett said that the sale of the book to MG was a one off, and a long time ago, and that he had made some efforts to cease publication and remove all links, including Wikileaks.
Bennett tried to cite cases which suggested valid defences to libel actions. The Judge reminded him that he was NOT defending a libel action.
Bennett then referred to the fact that he had taken legal advice, which led him to the honest understanding that he would be able to use factual material and fair comment without breaching the undertakings.
(at this point the Judge interrupted him and said that legal advice was confidential, and he should think very carefully before going into detail about advice received. If he did so, then it would open up a whole raft of possible consequences and in effect the “gloves would be off”.
Bennett stated that he was at no time deliberately trying to flout the undertakings – he honestly believed that he could use libel defence such as fair comment to justify his publications and comments.
Bennett said that others were saying the same things, and the claimants had failed to take action to stop them. Only he was singled out for action, and this was unfair.
He followed this by saying that Carter Ruck had failed in their duty to bring breaches of the undertaking to his attention in a timely manner.
Bennett claimed that many of the breaches dated back to 2010 and 2011 and were therefore not relevant now. He believed that by moderating his comments and publications, in effect toning them down, and that the McCanns would not challenge him.
He pointed out that CR had identified 153 breeches at their action in Feb 2012. He did not have the resources to challenge them.
Bennett said that In Feb 2011, he wrote to Carter Ruck saying that in view of Mitchells statement that “abudution was “only an assumption” he felt at liberty to restore publications that he had previously removed.
He then provided a list of people who he said were also posting the same as him.His argument is that as everyone else is doing it, his contribution is not significant.
AP then cross examined him briefly about his efforts to remove his 60 reasons book from wikileaks, and his posts on the Australian football website. Especially ones directing posters to where they could download his book.
Bennett then stood down from the stand
No comments:
Post a Comment