Blacksmith:Libel diary 4

Saturday, 8 September 2012
Libel diary 4: Differing futures

As many have pointed out a judgement in the libel case will not be the end of the matter: appeals will drag on for years whoever wins.

But the consequences of the appeal process will be quite different for the parties. If Amaral loses it is going to be extremely painful for him and the struggles which have taken such a toll will continue. That devout catholic Kate McCann will naturally be exultant. As she has written in Madeleine:

"That man has caused us so much upset and anger because of how he has treated my beautiful Madeleine and the search to find her. He deserves to be miserable and feel fear."

Whether a person writing those words can be considered quite normal is an interesting question, especially in the light of the contempt and hatred she has expressed for others who disagree with her; if those are her public words what do you think her true, uncensored feelings about her enemies must be? That's why we've said it's the McCanns who are responsible for the five year long toxic malevolence of her supporters in the media, both overground and internet, its latest expression being the intense pleasure some of them have taken in Goncalo's weight loss, which may or may not be a symptom of serious illness: these people have always taken their cue directly from her, her words, her tone, her "fucking tosser" vulgarity, her vindictiveness.

But whatever little dance of satisfaction and victory Kate McCann might perform in the dimly lit privacy of her Rothley bedroom – the mind reels – the infliction of misery on Amaral improves the position of the parents not one whit. The book can never be pulped or permanently injuncted whatever the court orders since it is available everywhere and can be placed on the internet without difficulty in any language: that genie can never be put back in the bottle and the various legal methods the couple have used to hold Bennett accountable for internet repetitions of his views cannot be used against Amaral.

If the McCanns lose, however, the prospects are rather different. Their case has always been about the maximum suppression of information and it is quite obvious that an Amaral victory will provide a flood of legally privileged comment on the case for the next few years, with consequences that cannot be foreseen.

Ah, say our friends the McCanns' supporters, but she will have stopped him damaging that holy grail, The Search, which has always been her main aim.

But the likelihood is that, even if the court find for the couple on other areas of the claim, they won't do so on that one, as Kate McCann herself has implicitly acknowledged. Describing the final appeal court judgement on the original Lisbon court case, she writes in Madeleine: "The latest verdict was that Amaral’s poisonous allegations did not damage our investigation in any way." Hard to see that being reversed, isn't it?

I think the basis for the McCann case is very lame. hindering the search for Madeleine, affecting the health of the Family etc.would probably not stand up in an English Court , but having the Chairman of Lawyers on their side is very suspect. It will take a mighty Lawyer to defend Amaral and we don't know what experience this Guy has. I do however think whatever happens , this will be endgame for the McCann case, joe public is not interested any more, the Press will have more important news to print instead of farcical "sightings" and the internet blogs and Forums will either have to introduce other topics or disband.

I think you'll find that those committed to Justice will persevere in keeping the matter in the public conscience until it is properly resolved. Some may fall by the wayside, but not enough to succumb to the machinations of a determined yet ultimately doomed spin machine.

As for Amaral, the biggest problem with the Libel Case is for the Plaintiffs to adduce it - and I cannot see how they can.