The real reason the McCann couple 'won' an out of court settlement/Littlemorsals

Thanks Annabel
What a brilliant point made in the article! And I think its spot on!

Yes, it is spot on. You can sue for uncorroborated truth. We now know with the passage of time that these stories were not tittle tattle.

I can't read it as it says you have to be invited.

Same for me - can someone copy and paste?

I'm sorry, it's impossible for me too now!

I can't get it too sorry

This sounds as if it could be important - is there no way of getting a copy?????

I can't access it either!

Hopefully Sasha reads here and will explain.

Annabel wrote:Hopefully Sasha reads here and will explain.

Is it sashas blog? Maybe we could private message her our email accounts?

Done!

I note it says

"The new Blogger requires a Google Account to access your blogs."

New Blogger?

As it happens I had left the window (on my PC not a glass one like Katey) open so I still have it. Will sort out a copy of the text in a bit.

The real reason the McCann couple 'won' an out of court settlement
Sources:
Leveson Inquiry: Transcript of David Pilditch
Leveson Inquiry: David Pilditch statement

Questions by Mr Jay to David Pilditch (General News Journalist for Daily Express)

Cutting through the Leveson Inquiry cat-and-mouse questioning and getting down to the nitty gritties, during the questioning it came to light that Mr Pilditch was indirectly receiving information from the Portuguese police (PJ) via the Portuguese journalists. Mr Jay seemed to suggest that information gleamed from these sources were unreliable because Mr Pilditch had not been in direct contact with the PJ.

However, this part of the questioning brings something of importance to the surface:

David Pilditch: “So basically, every day when I'd speak to the news desk, normally you'd say, "Look, this is what we know, this is what the police are saying, and that's taken as being fact", but the conversations I was having with the news desk were explaining the information I had with all the caveats that were attached to it.”

Mr Jay: Did you tell your news desk that which we see in paragraph 23 of your statement, namely:
"Due to the restrictions of the Portuguese law, anyone who was unhappy about something that had been written or said about them and wished to take legal action would almost certainly have been successful." Was that sentiment shared with your news desk at the time?

David Pilditch: Well, this is what I felt on the ground. I'm not a legal expert, but I felt that just the situation as it presented itself, that that was the case, and I'm certain that the news desk would have had conversations with lawyers about this, and there would have been discussions, ongoing discussions, and that was the situation we were in and there was no way around it.

Mr Jay: I must persist with the question.

Pilditch: Sorry, yes.

Jay: Yes. Did you share your discomfiture with your news desk?

Pilditch: Yes. I said "If we're going to have any problems, we may not be able to defend these things because we just cannot get any confirmation", and that was the difficulty.

So basically because of the Portuguese secrecy laws, the British journalists were unable to name the Portuguese police as their actual sources and as a result could be liable for court action if challenged.

But did the News articles have any substance to them? The statement made by David Pilditch for the Leveson Inquiry seems to suggest that what was printed was the truth:

“It was only months later, in July 2008 that Portugal’s Attorney General formally closed the investigation into Madeleine McCann’s disappearance. Under the Portuguese system, the authorities released the official police file - more than 10,000 documents including photographs, official reports and witness statements including those of the McCanns. Through the release of those documents and subsequent legal actions in Portugal it is now a matter of public record that the reports I was writing between September 2007 and January 2008 were truthful and accurate."

It appears that the reason the McCann couple won an out of court settlement was not due to lies being printed, but that at the time the sources could not be confirmed due to the Portuguese secrecy laws. A fact I’m sure the top lawyers working for the McCann couple would have been very much aware of and able to use in their favour...at the time. No doubt they felt safe in the knowledge that due to the secrecy laws the police files would not see the light of day. It seems they hadn't banked on the fact that the shelving of the case would allow those files to be released and eventually end up in the public domain for anyone to read.

It’s often been said in the past that the ‘truth will out’ eventually.
Posted by Sasha at 10:57 4 comments

Annabel

Many thanks. Just hope that this confirmation of the veracity of the Express articles is read by the wider public.

Message from Sasha:

Hello Annabel,

Apologies for closing the blog without warning. It's a shame that Blogger doesn't allow for personalised messages instead of their standard one, then I could at least let people know that the closure would only be temporary. Little Morsals is now open once more.

Many thanks for contacting me :)

Wishing you and all members a fantastic Christmas <3 xx

Annabel wrote:The real reason the McCann couple 'won' an out of court settlement
Sources:
Leveson Inquiry: Transcript of David Pilditch
Leveson Inquiry: David Pilditch statement

Questions by Mr Jay to David Pilditch (General News Journalist for Daily Express)

Cutting through the Leveson Inquiry cat-and-mouse questioning and getting down to the nitty gritties, during the questioning it came to light that Mr Pilditch was indirectly receiving information from the Portuguese police (PJ) via the Portuguese journalists. Mr Jay seemed to suggest that information gleamed from these sources were unreliable because Mr Pilditch had not been in direct contact with the PJ.

However, this part of the questioning brings something of importance to the surface:

David Pilditch: “So basically, every day when I'd speak to the news desk, normally you'd say, "Look, this is what we know, this is what the police are saying, and that's taken as being fact", but the conversations I was having with the news desk were explaining the information I had with all the caveats that were attached to it.”

Mr Jay: Did you tell your news desk that which we see in paragraph 23 of your statement, namely:
"Due to the restrictions of the Portuguese law, anyone who was unhappy about something that had been written or said about them and wished to take legal action would almost certainly have been successful." Was that sentiment shared with your news desk at the time?

David Pilditch: Well, this is what I felt on the ground. I'm not a legal expert, but I felt that just the situation as it presented itself, that that was the case, and I'm certain that the news desk would have had conversations with lawyers about this, and there would have been discussions, ongoing discussions, and that was the situation we were in and there was no way around it.

Mr Jay: I must persist with the question.

Pilditch: Sorry, yes.

Jay: Yes. Did you share your discomfiture with your news desk?

Pilditch: Yes. I said "If we're going to have any problems, we may not be able to defend these things because we just cannot get any confirmation", and that was the difficulty.

So basically because of the Portuguese secrecy laws, the British journalists were unable to name the Portuguese police as their actual sources and as a result could be liable for court action if challenged.

But did the News articles have any substance to them? The statement made by David Pilditch for the Leveson Inquiry seems to suggest that what was printed was the truth:

“It was only months later, in July 2008 that Portugal’s Attorney General formally closed the investigation into Madeleine McCann’s disappearance. Under the Portuguese system, the authorities released the official police file - more than 10,000 documents including photographs, official reports and witness statements including those of the McCanns. Through the release of those documents and subsequent legal actions in Portugal it is now a matter of public record that the reports I was writing between September 2007 and January 2008 were truthful and accurate."

It appears that the reason the McCann couple won an out of court settlement was not due to lies being printed, but that at the time the sources could not be confirmed due to the Portuguese secrecy laws. A fact I’m sure the top lawyers working for the McCann couple would have been very much aware of and able to use in their favour...at the time. No doubt they felt safe in the knowledge that due to the secrecy laws the police files would not see the light of day. It seems they hadn't banked on the fact that the shelving of the case would allow those files to be released and eventually end up in the public domain for anyone to read.

It’s often been said in the past that the ‘truth will out’ eventually.
Posted by Sasha at 10:57 4 comments

I read an article where the McCanns wanted the case closed, in order to obtain the files. When they were told that closing the case, meant that the investigation into Madeleine's disappearance would cease, they said they would use private detectives. When the files were released to the McCanns, they were also released to newspaper groups, who then published them for the public to read. Clarence Mitchell said Kate and Gerry, were disappointed, he said they wanted a chance to look at the files before anyone else.

Goncalo Amaral has since confirmed that the McCanns wanted the case closed, but he said they wanted the case closed to protect their image. So I don't know if the article I read regarding the McCanns closing the case was true or not. Clarence Mitchell's statement is true, because I heard him give the statement to the media. I have also read that the McCanns have not got all of the files, the rest of the files are or were in the possession of Leicestershire police. I read that these files are more important to the McCanns, than the ones they have in their possession and that the McCanns were going to taking a court case out against L.P. because they wouldn't hand over these files.

When the McCanns were in the process of trying to get Goncalo Amaral's book permanently banned, they were giving media interviews on the steps of the Lisbon Court. Kate was asked a question regarding one of the files and her answer was "I don't know, I haven't read the files." After the McCanns were visited by Social Services and a police officer, Gerry issued a statement, part of the statement said that S.S had told them that what they did was within the bounds of normal parenting and no action would be taken against them. He also said that Kate would no longer be returning to work as a doctor, her job was now looking after Sean and Amalie.

Since the McCanns obtained the files, Kate has said more than once that she gave up her job as a doctor to read the files. She said she wanted to scrutinise the files, to see if the PJ had missed something, that could lead to Madeleine being found. Kate was obviously telling lies, when she made that statement because Social Services visited the McCanns the day after the fled from Portugal, after being made arguidos, which was in September 2007 and the McCanns didn't obtain the files until 2008. So it looks like Social Services and the police officer "persuaded" Kate to give up her job as a doctor. So it seems that Kate was telling the truth when she told the media that she hadn't read the files.

Thanks for this - I am still trying to get my head around its significance....

It appears that the reason the McCann couple won an out of court settlement was not due to lies being printed, but that at the time the sources could not be confirmed due to the Portuguese secrecy laws. A fact I’m sure the top lawyers working for the McCann couple would have been very much aware of and able to use in their favour...at the time. No doubt they felt safe in the knowledge that due to the secrecy laws the police files would not see the light of day. It seems they hadn't banked on the fact that the shelving of the case would allow those files to be released and eventually end up in the public domain for anyone to read.

Does this mean that the press may now print stories based corroborated information without fear of being sued??

kathybelle wrote:Gerry issued a statement, part of the statement said that S.S had told them that what they did was within the bounds of normal parenting and no action would be taken against them. He also said that Kate would no longer be returning to work as a doctor, her job was now looking after Sean and Amalie.

Since the McCanns obtained the files, Kate has said more than once that she gave up her job as a doctor to read the files. She said she wanted to scrutinise the files, to see if the PJ had missed something, that could lead to Madeleine being found. Kate was obviously telling lies, when she made that statement because Social Services visited the McCanns the day after the fled from Portugal, after being made arguidos, which was in September 2007 and the McCanns didn't obtain the files until 2008. So it looks like Social Services and the police officer "persuaded" Kate to give up her job as a doctor. So it seems that Kate was telling the truth when she told the media that she hadn't read the files.

Is Kate still licenced to practice? I've tried looking at the GMC site but you have to subscribe to get at the register! If not, was her licence revoked or did she withdraw registration voluntarily and when does anyone know???

NoStone wrote:

kathybelle wrote:Gerry issued a statement, part of the statement said that S.S had told them that what they did was within the bounds of normal parenting and no action would be taken against them. He also said that Kate would no longer be returning to work as a doctor, her job was now looking after Sean and Amalie.

Since the McCanns obtained the files, Kate has said more than once that she gave up her job as a doctor to read the files. She said she wanted to scrutinise the files, to see if the PJ had missed something, that could lead to Madeleine being found. Kate was obviously telling lies, when she made that statement because Social Services visited the McCanns the day after the fled from Portugal, after being made arguidos, which was in September 2007 and the McCanns didn't obtain the files until 2008. So it looks like Social Services and the police officer "persuaded" Kate to give up her job as a doctor. So it seems that Kate was telling the truth when she told the media that she hadn't read the files.

Is Kate still licenced to practice? I've tried looking at the GMC site but you have to subscribe to get at the register! If not, was her licence revoked or did she withdraw registration voluntarily and when does anyone know???

I've tried under Healy and McCann and can't find her. You can do a search on this page:

http://www.gmc-uk.org/doctors/register/LRMP.asp

[quote="AnnaEsse[/quote]Is Kate still licenced to practice? I've tried looking at the GMC site but you have to subscribe to get at the register! If not, was her licence revoked or did she withdraw registration voluntarily and when does anyone know???[/quote]

I've tried under Healy and McCann and can't find her. You can do a search on this page:

http://www.gmc-uk.org/doctors/register/LRMP.asp[/quote] Oh yes Anna - thanks (now why could'nt I find that page?????) So she cannot be referred to as Dr any more is that right???

I read that Kate had not worked for several months prior to the holiday in PDL and was on Maternity leave and of course she never went back to the
practice when the McCanns returned to the U.K. I"m sure if she was not a Doctor there would have been a lot of publicity at the time but all we know is
Social Services visited Rothley and were satisfied that everything was O.K.

Panda wrote:I read that Kate had not worked for several months prior to the holiday in PDL and was on Maternity leave and of course she never went back to the
practice when the McCanns returned to the U.K. I"m sure if she was not a Doctor there would have been a lot of publicity at the time but all we know is
Social Services visited Rothley and were satisfied that everything was O.K.

The McCanns can quote Social Services as much as they like. The Social Workers, on the other hand, are bound by rules of confidentiality. So, they wouldn't be able to say, "Well, we said nothing of the sort to the McCanns."

AnnaEsse wrote:

Panda wrote:I read that Kate had not worked for several months prior to the holiday in PDL and was on Maternity leave and of course she never went back to the
practice when the McCanns returned to the U.K. I"m sure if she was not a Doctor there would have been a lot of publicity at the time but all we know is
Social Services visited Rothley and were satisfied that everything was O.K.

The McCanns can quote Social Services as much as they like. The Social Workers, on the other hand, are bound by rules of confidentiality. So, they wouldn't be able to say, "Well, we said nothing of the sort to the McCanns."

Seems we have no way of checking, but on reflection when Kate announced she was working with Alpha "the most important job of my life" it enabled
her to draw a Salary from the Fund while writing the Book.

Kate is registered as a GP and her details are below

"Doctor Details
Results of search on: 24 Dec 2011 at 12:54:54. The details shown are valid at the date and time of the search only.
GMC Reference Number
3688421
Given Names
Kate Marie
Surname
Healy
Gender
Woman
Status
Registered with a licence to practise; this doctor is on the GP Register
More Details
Primary Medical Qualification
MB ChB 1992 University of Dundee
Provisional Registration Date
14 Jul 1992
Full Registration Date
17 Aug 1993
Specialist Register entry date
This doctor is not on the Specialist Register
GP Register entry date
From 31 Mar 2006"

http://webcache.gmc-uk.org/gmclrmp_enu/start.swe?SWECmd=GotoView&_sn=cwH65IybrYPIZLq6qf-Xwz82IK7EVpys0JoJEUcT8Ag_&SWEView=GMC+WEB+Doctor+Search&SWEHo=webcache.gmc-uk.org&SWETS=1324731240&SWEApplet=GMC+WEB+Health+Provider+Search+Applet