BREAKING NEWS - Goncalo loses libel/damages trial and must pay damages

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Post  costello on Thu 30 Apr 2015, 4:09 pm

TheTruthWillOut wrote:Probably reaching here, but has anyone else read a comment somewhere (on a blog?) stating that there was a meeting with DCI Wall, Ambassador and others that took place in March?

I wonder if that could be connected in any way in how this trial verdict has been presented?

Yes I remember that meeting, I am sure Alison Saunders was there. The thought did cross my mind too.
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Post  Poe on Thu 30 Apr 2015, 4:15 pm

AndyB wrote:
Unfortunately, it isn't just the McCanns that want us silenced. There is an undercurrent to the Star article posted earlier, and there will be in others like it that will follow, which is to brand anyone who doesn't follow the officially dispensed line a "vile sick troll". Cameron does the same thing over people who question the official line over 9/11 or 7/7 - he calls them "non-violent extremists" and says that they must be dealt with.

The truth is that the presentation of the McCann story is part of an ongoing campaign - to paint any media that isn't mainstream as a malign influence that needs to be silenced, and those that consume it as "sickos", "haters" and "vile" . In this sense, the MSM are not protecting the McCanns, although it sometimes feels like it. They are protecting their own power as a monopoly of information for the masses, information that can be twisted and manufactured to suit their own ends. The McCann story is just a means to an end.

There is a also corrupt symbiosis between press and state, and governments now use the power of the press to control the message that the masses hear. If I remember correctly, in the late eighties or early nineties, this was coined as "spin" . Unfortunately, due to the emergence of new media via the internet, and message boards like this one, the power to spin is waning and neither the press nor the powers that be are happy about it. It is this loss of power that lead to the false vilification and hounding to death of Brenda Leyland, which, I'm convinced, originated with Sky with the full knowledge and agreement of the government.

The McCanns want us silenced to prevent analysis of their contradictory and false statements and because they see it as a block to their complete exoneration. The press want us silenced because sites like this and independent blogs provide a much more reliable source of information so their ability to tell it like they want it to be is severely curtailed. As is their cash flow now that fewer people need them and more realise that what they print is nonsense. TPTB want us silenced so they can continue their rotten relationship with the press. With all that power behind a desire to shut us up I fear its only a matter of time before "vile trolls" and "non-violent extremists" become redefined as terrorists

William Tyndale translated the Bible into English.

Henry VIII banned it.

Tyndale was executed, all copies of his book were order destroyed and anyone found with a copy of it was to be executed.

The population of England was less than 4 million and a large proportion of that 4 million couldn't read so had no interest in books. I don't know how many printing presses there were in England at that time but there can't have been many and they had to be worked manually.

This is an island so smugglers had to make risky sea journeys and/or cross the border from Scotland.

Tyndale's Bible survived and you can download a copy from Gutenburg if you so desire.

Those in power have always tried to control information. If Henry VIII, one of the most powerful men in the world and with circumstances so greatly in his favour, couldn't prevent the circulation of a single book the chances of TPTB controlling 60 million+ of us, mostly literate with phones, internet access and the ability to travel between countries in a matter of hours, are slim.

Having said that, don't turn your back on the slimy little weasels Wink

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Post  TheTruthWillOut on Thu 30 Apr 2015, 4:20 pm

costello wrote:
TheTruthWillOut wrote:Probably reaching here, but has anyone else read a comment somewhere (on a blog?) stating that there was a meeting with DCI Wall, Ambassador and others that took place in March?

I wonder if that could be connected in any way in how this trial verdict has been presented?

Yes I remember that meeting, I am sure Alison Saunders was there. The thought did cross my mind too.

The main reason I suggest it is because GA seems so cool and calm about it all. The word "shenanigans" for both sides of this is apt, I think.
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Post  Guest on Thu 30 Apr 2015, 4:36 pm

re my comment on part of Cristobell's post

Russian Doll wrote: Quote Cristobell : "and of course 'the state' she refers to is the USA. "

Of course it isn't and you are giving your critics ammunition by writing such things, Ros. Please take care -so much of what you write is so good and relevant, but this is wrong. Please read her piece again with the criminal justice system in mind.

Want to apologise for how abrupt that sounded, Ros, if you have time could you please briefly expand a bit on the point you made re the UK and US justice systems? I found it ambiguous and thought oh no, the vile horrors who post on CMOMM about you and tweet you and write horrible, truly awful stuff at the JATYK2 coven will be delighted to be on your case. I know you handle it like water off a duck's back, but I hate reading it.
I jumped in there in a high- handed fashion, really so agitated by the trial ruling I think if I had re-read it and Pat's more than once I might have not found it confusing. I sounded like a school teacher but not how I should be speaking to an adult and certainly not if what I see as an ambiguity turns out to be my addled brain !
Sorry again my dear !

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Post  Guest on Thu 30 Apr 2015, 4:47 pm

Blacksmith is back

Thursday, 30 April 2015


Humpty-Dumpty Speaks Again


“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’
’The question is,’ said Alice, ‘whether you can make words mean so many different things.’
’The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.”

Judge

Yoo-hoo! Surprise!

JB writes: So the dust begins to clear.

I’ve now had a preliminary chance to look at the judgement. “Preliminary” means, among other things, there is still a full-scale examination of the text to come. Well, there isn’t such an examination to come and I’ll give the reasons why below.

First: the implications of the trial and verdict for the investigation. There aren’t any. They are irrelevant.

And for vindication of the couple and their innocence? The court proceedings recorded by M/S Guerdes are, as we can guarantee from personal experience, 95-99% accurate. Those proceedings are notable for the fact that the defendants made no attempt to introduce evidence supporting their innocence, except for a last minute shout at the judge from the witness box by Gerry McCann that the dogs’ work wasn’t any good. So much for that.

And for us? The witness evidence provided a reliable fifth primary source to add to the case files, GM blogs, the Leicester interviews and Madeleine for research into the case.

So, next: where do we all go from here?

It would be a betrayal to cease supporting GA now. We’ve all stuck with him this long and neither this trial nor any actions of his own have weakened his claims. There is nothing in the findings that should make any of us, writers or readers, rethink our support; indeed the opposite is the case - in this long judgement not a single one of the horrible and mad personal accusations made in the locked wards and elsewhere about Goncalo’s abilities or personal motives has been supported in any way. Witnesses from Alipio Ribeiro downwards refused to say a word against him. There are no attacks on him personally by the judge.

Nowhere does the judgement suggest that he acted dishonourably, dishonestly, from wounded pride or from personal dislike of the McCanns, or in any other way that should make us lessen our support for him. Quite the reverse.

So I ask anyone who has supported him financially in the past not so much to give more but to try and widen the fund-raising circle in any way that you can so that he can appeal. This weekend I’m going to try and convince my wife (!) to make a payment, not because she supports our cause – she hates the whole McCann affair – but precisely because she doesn’t. I will ask her if, even as a non-supporter, she will make a small payment to see the case through. If all of us can add a few people then GA retains a fighting chance.

M/S Humpty Speaks

Now, the bones of the judgement. Damages have been awarded on the Human Rights issue: we are back in early 2010, around the time that the McCanns were promising all that evidence of what Amaral had done to them and please can we have our Human Rights injunction, now? Evidence that they never provided.

Did you think the Human Rights issue was decided by the court of appeal back in late 2010? Yep, so did we. So, it seems did almost everybody else. Here’s the appeal court judgement:


“The book at stake in this process – the Truth of the Lie – which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour, as the author points out right away in the preface and throughout his text.


The contents of the book do not offend any of the applicants' fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic’s Constitution, namely in its articles 37º and 38º.

As we arrive at this point, we conclude that the decision that was made by the Court must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.

Clear and definitive? Think again: this is Portugal. Yoo-hoo – surprise! The present judge ignores it and develops a line of reasoning completely at odds with the appeal court’s findings.


“In the case-law of the European Court of Human Rights the principle of presumption of innocence imposes a standard of conduct for all agents, employees and magistrates involved in the administration of criminal justice.


According to the ECHR the presumption of innocence prohibits the premature expression of opinions or belief in guilt by the courts and in addition bans the claims of any public servants involved in procedures which might lead the public to believe in the culpability of suspects under investigation. In the Karaman process deriving from the German courts it has been held in this context that Article 6 § 2 aims at preventing the undermining of a fair trial by damaging statements made in close connection with proceedings. It not only prohibits the premature expression by the court itself of the opinion that a suspect is guilty but also covers statements made by other public officials about pending criminal investigations which encourage the public to believe the suspect guilty and prejudge an assessment of the facts by the competent judicial authority.

The Allen process deriving from the UK emphasizes the importance of the presumption after the acquittal or dismissal of the criminal investigation, explaining that this principle prevents suspects or defendants in such cases being treated as if they were in fact responsible for the criminal offences of which they were accused and stressing that without this second level of protection -the level of full respect for acquittal or archiving- the presumption of innocence is illusory or merely ideal.”

Accordingly:


“This form of conflict resolution between rights reveals the unlawfulness of the conduct of the defendant Goncalo Amaral for the purposes of article 484º of the Civil Code.”

That is the basis for the damages award.

Surprised?

So were we. Why? Well, a start would be that none of us saw reference to this in the 2013 court proceedings. Everything we read or were told from Portugal – from all sources, not anti-McCann ones – stated explicitly that the Human Rights aspect of the case had been decided in 2010 and did not form any part of these latest proceedings.

Which brings me to the question of why we won’t be adding an in-depth look at the judgement to our brief current one. It isn’t worth doing because there is no sense to be made of Portuguese law in the way that we can analyse other western codes: they make it up as they go along.

This “democratic” legal code, all of forty one years old, is a betrayal of its people – not because we disapprove of its findings but because eight years of contact with our Portuguese friends have demonstrated time and again that every trial outcome is a surprise – a surprise to the parties themselves, the commentators, the lawyers and to the Portuguese people. A legal code that causes surprise on this scale – usually with the introduction of arguments that nobody knew existed – and that incorporates unpredictability as an integral part of its proceedings is not a democratic legal code.

I am astonished that the ill-educated criticisms of Scotland Yard based on nothing more than suspicion – and, I regret to say, originally whipped up by Portuguese people and GA himself – are not matched by comment on the factual and absolutely shocking record of the Portuguese legal system in the McCann case, beginning seven years ago with that contemptible Archiving Summary in which the prosecutors “exonerated” the McCanns while including a “reconstruction” section which completely undercut that “exoneration” and guaranteed that it would cause pain and dissention for everyone for ever, including the couple themselves. It was an exercise in irresponsibility.

It was then matched by the quasi-mediaeval attack on Goncalo Amaral, plotted and conducted in secret, its findings completely unknown to the victim until afterwards – a legal process more suggestive of Kazakhstan or Uganda than of a modern European state.

And then the equally wicked failure to provide justice for either party for six whole years while leaving one of the parties in acute financial distress for the whole period. Is that based on ECHR judgements of the right to timely access to justice? Of course it isn’t! We repeat: they make it up as they go along.

Culminating in a judgement arriving over a year after court proceedings were essentially concluded, containing material that nobody outside the case was aware would be considered. What a rotten, corrupt abortion! It is simply unrecognizable to anyone who comes, for example, from the UK, where the law is what you use without dread, where people turn to the small claims courts for speedy and unfrightening restitution, finding the process much more predictable and infinitely preferable to dealing with “customer service” departments of corporations or cowboy builders.

I tried to get restitution from Dell for a crappy computer for over a year without result: it took me two hours and fifty quid to sue them and they paid up within a week,. including, of course, all costs. In a democratic society the law is ours, not theirs, even if many people don’t believe it, and its there, available, to be used by anyone who can read or write. No wonder that a Portuguese friend once told me that, deep down, he didn’t believe in Portuguese law, that faced with trouble – and this was a liberal speaking – he instinctively began to think of people who might help “sort things out”. And then reached for the phone. Faced with this record in the McCann affair, can you blame him?

So we won’t be wasting time on making any further studies of the judgement. One day, perhaps, the people will attack this mediaeval wreck at the heart of their democracy but that is a matter for them.

Goncalo Amaral was a policeman, a public servant working for a justice system that has failed to free itself from the pre-1974 dictatorship and responds, as it always did, to backstairs intrigues of the sort plotted and paid for by Duarte and Gerry McCann. It is his tragedy that he believed, and apparently still believes, in that justice system even though it has stripped him of his possessions and condemned him to six years mental and emotional bastinado at the behest of a couple of foreign chancers.

To condemn this vile, rotted system has nothing to do with being anti-Portuguese. Will Amaral win his appeal? Who knows, but we owe him the chance to make it. Will any of the Portuguese proceedings contribute to finding out the truth of the McCann affair?

We doubt it. Have a look at the record.

Support Goncalo Amaral!














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Post  Guest on Thu 30 Apr 2015, 5:03 pm

30 Apr 2015

A Message From Gonçalo Amaral

FROM AMARAL JUSTICE BLOG



I find that the court's decision is unfair and questions my right and every Portuguese citizen's right to freedom of expression and of opinion.

For that reason, I do not resign myself to the decision and I will appeal it until the very last judicial instance.

If I am able to continue counting on your support, I will continue to fight within the judicial system for the Truth and the achievement of Justice.

Thank you.


We would like to add a few words of our own.

This week's verdict is the result of a long, drawn-out trial. It is far from over, as we now enter the appeals phase.

Your ongoing support - both moral and financial - has been key to Gonçalo Amaral's ability to defend himself.

There are no words that can adequately express our gratitude, as we have witnessed so many acts of solidarity over the last five years. It has been a humbling journey; a journey of learning and of sharing.

Now we need to reach the end of it.

Thank you.
Posted by astro at Thursday, April 30, 2015

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Post  Andrew on Thu 30 Apr 2015, 6:07 pm

http://www.telegraph.co.uk/news/newstopics/madeleinemccann/11574171/Madeleine-McCann-Portuguese-detective-appeals-against-order-to-pay-McCanns-357000.html

Probably already been posted so apologies. Not been online since yesterday so playing catch up and quickly.
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Post  candyfloss on Thu 30 Apr 2015, 6:13 pm

Andrew wrote:http://www.telegraph.co.uk/news/newstopics/madeleinemccann/11574171/Madeleine-McCann-Portuguese-detective-appeals-against-order-to-pay-McCanns-357000.html

Probably already been posted so apologies. Not been online since yesterday so playing catch up and quickly.

No it hasn't I don't think, thanks Andrew.



Madeleine McCann: Portuguese detective appeals against order to pay McCanns £357,000



Goncalo Amaral, the detective who led the investigation into the disappearance of Madeleine McCann, says the court's decision to order him to pay Kate and Gerry damages is 'unfair'

By Martin Evans, Crime Correspondent
3:41PM BST 30 Apr 2015

         

The Portuguese police officer ordered to pay Kate and Gerry McCann £357,000 in libel damages after accusing them of involvement in their daughter’s disappearance is to appeal the ruling, he has confirmed,
Goncalo Amaral, made the untrue allegations in a controversial book entitled The Truth of The Lie, written after he was sacked as the detective in charge of the Madeleine McCann investigation.
Earlier this week, he lost a long running libel battle and was ordered by a judge to pay the McCanns 250,000 euros each, after a judge ruled he had overstepped the limits of free speech.
The McCanns said they were delighted by the judgment and would plough every penny of the award into the fund to help find their daughter who disappeared from the couple’s holiday apartment in Praia da Luz in May 2007.
But Mr Amaral has now said he intends to exhaust all avenues in an attempt to overturn the ruling.
He said: “I find that the court’s decision is unfair and questions my right and every Portuguese citizen’s right to freedom of expression and of opinion.
“For that reason, I do not resign myself to the decision and I will appeal it until the very last judicial instance.”
Kate and Gerry launched a libel action against the former detective claiming that not only were the allegations untrue and extremely hurtful, but had also impacted negatively on the ongoing search for their daughter.
Mr Amaral was removed as head of the original Portuguese police investigation into Madeleine’s disappearance after criticising British detectives.
He was also blamed for a string of investigative blunders in the early stages of the inquiry.
Four months after Madeleine disappeared, the Policia Judiciaria declared the McCanns official suspects or ‘arguidos’ and Mr Amaral and his colleagues spent several hours grilling the couple separately.

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Post  Guest on Thu 30 Apr 2015, 6:28 pm

Four months after Madeleine disappeared, the Policia Judiciaria declared the McCanns official suspects or ‘arguidos’ and Mr Amaral and his colleagues spent several hours grilling the couple separately.

Anything in his book to throw any light on the separeat grilling. Do people on this blog know where to donate to the fund.

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Post  Freedom on Thu 30 Apr 2015, 6:31 pm

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Post  candyfloss on Thu 30 Apr 2015, 6:36 pm


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Post  Guest on Thu 30 Apr 2015, 6:37 pm


There seems to be 2 separate donation sites -

http://pjga.blogspot.co.uk/

http://www.gofundme.com/Legal-DefencePJGA

I was going to ask if anyone knows who the lady is - Leanne Baulch - who set up the "gofundme" site as I don't really want to open a Pay Pal account, it's easier just to pay by debit card.  I see that Isabel Duarte has donated £5 on the "gofundme" website.   Laughing

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Post  candyfloss on Thu 30 Apr 2015, 6:42 pm

Don't Forget Madeleine wrote:

There seems to be 2 separate donation sites -

http://pjga.blogspot.co.uk/

http://www.gofundme.com/Legal-DefencePJGA

I was going to ask if anyone knows who the lady is - Leanne Baulch - who set up the "gofundme" site as I don't really want to open a Pay Pal account, it's easier just to pay by debit card.  I see that Isabel Duarte has donated £5 on the "gofundme" website.   Laughing

I can't understand why the second one was set up, when the pjga.blogspot has been going for a long time now.

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Post  Guest on Thu 30 Apr 2015, 6:49 pm

[quote="candyfloss"]
Don't Forget Madeleine wrote:

There seems to be 2 separate donation sites -

http://pjga.blogspot.co.uk/

http://www.gofundme.com/Legal-DefencePJGA

I was going to ask if anyone knows who the lady is - Leanne Baulch - who set up the "gofundme" site as I don't really want to open a Pay Pal account, it's easier just to pay by debit card.  I see that Isabel Duarte has donated £5 on the "gofundme" website.   Laughing

I can't understand why the second one was set up, when the pjga.blogspot has been going for a long time now.[/quote]

That's why I was asking as she may be just a member of the public who wanted to help as with that young lady who helped the elderly gentleman, Alan Barnes, who was attacked outside his house putting out his rubbish, she raised £300,000 plus for him and he was able to buy his own property away from where he was attacked.

Perhaps Ms Baulch doesn't know that there is an official website for GA. I wonder if GA knows about the "gofundme" website, come to think about it.

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Post  Guest on Thu 30 Apr 2015, 6:54 pm

Perhaps it is best to stick to this one http://pjga.blogspot.co.uk/ Difficult getting back on here at the moment, is anyone else experiencing this.

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Post  Guest on Thu 30 Apr 2015, 6:57 pm

Admin, please can you delete my last two posts re the "other" fund for GA, I wouldn't like to point people in the wrong direction unless it's been sanctioned by GA.

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Post  Mimi on Thu 30 Apr 2015, 7:00 pm

"Mr Amaral and his colleagues spent several hours grilling the couple separately."

That`s not true because GA was not involved in the interviews as he was a Co-ordinator. Also KM had GM with her I believe.

I don`t think GA has even met the McCanns.

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Post  Guest on Thu 30 Apr 2015, 7:19 pm

He seems to be doing well over there . Us little people with our donations against the elite rich. http://pjga.blogspot.co.uk/ Truth has to win against greed in the end ,at least I hope it will.


Last edited by Markus 2 on Thu 30 Apr 2015, 7:27 pm; edited 1 time in total

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Post  mabossa ritchie on Thu 30 Apr 2015, 7:19 pm

candyfloss wrote:
Don't Forget Madeleine wrote:

There seems to be 2 separate donation sites -

http://pjga.blogspot.co.uk/

http://www.gofundme.com/Legal-DefencePJGA

I was going to ask if anyone knows who the lady is - Leanne Baulch - who set up the "gofundme" site as I don't really want to open a Pay Pal account, it's easier just to pay by debit card.  I see that Isabel Duarte has donated £5 on the "gofundme" website.   Laughing

I can't understand why the second one was set up, when the pjga.blogspot has been going for a long time now.




The gofundme site does say any funds will go to the pjga account so maybe she is trying to reach a wider audience.
Kudos to her if that is the case.
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Post  mabossa ritchie on Thu 30 Apr 2015, 7:28 pm




That donation probably ended up in Nigeria!
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Post  Guest on Thu 30 Apr 2015, 7:30 pm

mabossa ritchie wrote:
candyfloss wrote:
Don't Forget Madeleine wrote:

There seems to be 2 separate donation sites -

http://pjga.blogspot.co.uk/

http://www.gofundme.com/Legal-DefencePJGA

I was going to ask if anyone knows who the lady is - Leanne Baulch - who set up the "gofundme" site as I don't really want to open a Pay Pal account, it's easier just to pay by debit card.  I see that Isabel Duarte has donated £5 on the "gofundme" website.   Laughing

I can't understand why the second one was set up, when the pjga.blogspot has been going for a long time now.




The gofundme site does say any funds will go to the pjga account so maybe she is trying to reach a wider audience.
Kudos to her if that is the case.

Thanks, I didn't see that. I was getting a little worried in case it wasn't a legitimate site and the money ended up elsewhere. You never know what the legal implications are with all these "funds" set up by numerous different people.

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Post  dogs don't lie on Thu 30 Apr 2015, 7:43 pm

mabossa ritchie wrote:



That donation probably ended up in Nigeria!

lol!

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Post  candyfloss on Thu 30 Apr 2015, 7:46 pm

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Post  Guest on Thu 30 Apr 2015, 7:54 pm

dogs don't lie wrote:
mabossa ritchie wrote:



That donation probably ended up in Nigeria!

lol!

Not got a Mccann sympathizer on here have we. Smile

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Post  mabossa ritchie on Thu 30 Apr 2015, 8:10 pm

Markus 2 wrote:
dogs don't lie wrote:
mabossa ritchie wrote:



That donation probably ended up in Nigeria!

lol!

Not got a Mccann sympathizer on here have we. Smile



No.
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