efq
20-11-2007, 05:36 PM
http://news.sky.com/skynews/article/0,,91210-1293569,00.html
Madeleine McCann's parents Kate and Gerry have escaped a private prosecution for child neglect charges, Sky News Online can reveal. http://static.sky.com/images/pictures/1588641.jpg McCanns will not face private prosecution
Retired solicitor Tony Bennett has failed in his bid to issue a summons against the pair.
The summons claimed the two doctors neglected their three children by leaving them in their holiday apartment in Portugal when they went out for dinner in the evenings.
It was during the evening of May 3 that Madeleine disappeared.
But Leicester Magistrates' Court has decided to turn down the summons request.
The decision was announced by the judicial communications office at the High Court.
A spokesman told Sky News: "After careful consideration, the request to issue a summons against Gerald and Kate McCann for alleged offences contrary to section 1 of the Children and Young Persons Act 1933 has been refused as it is clear this court does not have the necessary jurisdiction.
http://static.sky.com/images/pictures/1536767.gif Madeleine McCann vanished on May 3
"All applications are considered in two stages.
"The first stage is whether the court has the jurisdiction to issue a summons, the second is if there is sufficient evidence.
"As with this application, if the first stage is not passed the second stage is not considered."
Mr Bennett, of Chippingfield, Harlow, said before the court's decision: "I'd already got some concerns about the case. I've researched it quite thoroughly over the last six to eight weeks."
He added: "Obviously speaking as a qualified social worker I was concerned that no action was being taken."
The McCann's family spokesman Clarence Mitchell said the couple had committed no offence under UK law or any other country's law.
Mr Bennett unsuccessfully tried to bring a private prosecution against celebrity Michael Barrymore over the death of Stuart Lubbock.
Madeleine McCann's parents Kate and Gerry have escaped a private prosecution for child neglect charges, Sky News Online can reveal. http://static.sky.com/images/pictures/1588641.jpg McCanns will not face private prosecution
Retired solicitor Tony Bennett has failed in his bid to issue a summons against the pair.
The summons claimed the two doctors neglected their three children by leaving them in their holiday apartment in Portugal when they went out for dinner in the evenings.
It was during the evening of May 3 that Madeleine disappeared.
But Leicester Magistrates' Court has decided to turn down the summons request.
The decision was announced by the judicial communications office at the High Court.
A spokesman told Sky News: "After careful consideration, the request to issue a summons against Gerald and Kate McCann for alleged offences contrary to section 1 of the Children and Young Persons Act 1933 has been refused as it is clear this court does not have the necessary jurisdiction.
http://static.sky.com/images/pictures/1536767.gif Madeleine McCann vanished on May 3
"All applications are considered in two stages.
"The first stage is whether the court has the jurisdiction to issue a summons, the second is if there is sufficient evidence.
"As with this application, if the first stage is not passed the second stage is not considered."
Mr Bennett, of Chippingfield, Harlow, said before the court's decision: "I'd already got some concerns about the case. I've researched it quite thoroughly over the last six to eight weeks."
He added: "Obviously speaking as a qualified social worker I was concerned that no action was being taken."
The McCann's family spokesman Clarence Mitchell said the couple had committed no offence under UK law or any other country's law.
Mr Bennett unsuccessfully tried to bring a private prosecution against celebrity Michael Barrymore over the death of Stuart Lubbock.