Chapter 8: Egregious examples

1 Shutters
Claim
The McCanns told many family members that the shutters had been forced or broken
Fact
The shutters had not been forced or broken

2 Entry by Gerry McCann
Claim
Gerry McCann first said he entered through the front door, using his key
Fact
He later said he entered through the patio door, which had been left unlocked.

3 Point of entry
Claim
The intruder must have entered through the open shutters and open window
Later claim or admission
The open shutters and open window may not have been the point of entry or exit

4 Sedation
Claim
The children were not sedated
Later claim
The children must have been sedated
(NOTE” On publication of the book ‘madeleine’, it became clear that Kate had known or suspected sedation from the start.)

5 Being made suspects
Claim
Kate told her friends by telephone that she had been made a suspect
Later claim
Kate complained that this was press intrusion, when the only possible source was Kate herself

6 Fluids in car
Claim
The McCanns came up with a range of excuses for bodily fluids found in the car, ranging from sea bass to used nappies.
Later statement
At Leveson Kate said under oath that there were no fluids found in the car

7 Half hourly checks
Claim
The parents were making half hourly checks throughout the week.
Contradiction
The late Mrs Fenn reports a child crying for over an hour on a previous evening
8 Kate’s Dream
Fact
Kate reported to Insp. Paiva that she had had a dream in which she had “seen” Madeleine dead. He gave this evidence under oath in court.
Denial
On the steps of the court Gerry publicly denies that Kate had had any such dream

9 Lying in general
Fact
In her book Kate admits lying

10 Afternoon of 3rd May
Claim
Kate arrives after a run to find the children with Gerry at tea
Fact
On that day Kate herself signed Madeleine out of the crèche at 5:30pm

11 Eye defect
Facts
The McCanns released details of the coloboma to the press of the world.
They trademark the sign “Løok”, in the phrase “Løok for me”
The eye defect is blown upon a giant screen at the FA cup Final,
The eye defect is clearly visible on all photos released as part of the campaign
The eye defect is clearly visible on the front cover picture of the book
Gerry McCann states that using the defect in this way was a “good marketing ploy”
Later
Kate denies “putting emphasis on it”

12 Private Detectives
Claim
The McCanns dismiss the idea of using private detectives.
Fact
The McCanns were already using private detectives from Control Risks the previous week

13 The search of the second apartment
Claim
They claim they had no explanation, and that they were made to leave the villa.
Fact
There was a full search warrant, a copy of which was to be served on the McCanns. and they were to be invited to be present.

14 Who spoke to Mrs Fenn ?
Claim
Kate spoke to Mrs Fenn
Contradiction
Mrs Fenn's statement refers to speaking to Gerry McCann

15 Metodo3 claims that Madeleine would be found by Christmas
Claim
McCanns claim through their solicitors that this was never said
Fact
Kate admits that this was said
16 The colour of the pyjamas
Claim
The pyjama bottoms were white
Counterclaim
The pyjamas were not white.
Fact
The pyjama bottoms were white.

17 “We answered all the questions”
Claim
The McCanns cooperated fully with the police and answered all questions truthfully
Fact
Kate refused to answer any of the 48 questions during her second interview



References and text

1 Shutters
Claim
The McCanns told family members that the shutters had been forced or broken

Trish Cameron -
Gerry McCanns sister, said she received a telephone call from her 39-year-old brother, a consultant cardiologist, who was "hysterical and crying his eyes out". She said: "They last checked at half past nine and they were all sound asleep, sleeping, windows shut, shutters shut. Kate went back at 10 o'clock to check. The front door was lying open, the window had been tampered with, the shutters had been jemmied open or whatever you call it and Madeleine was missing...” [1]

Brian Healy -
Madeleine's maternal grandfather, told the Guardian his son-in-law had phoned him shortly after returning "Gerry told me when they went back the shutters to the room were broken, they were jemmied up and she was gone," said Mr Healy. "She'd been taken from the chalet. The door was open." [2]

Jon Corner -
a close friend of Kate McCann and godparent of the twins, said she phoned him in the middle of the night distraught. He said: "She just blurted out that Madeleine had been abducted. Kate said the shutters of the room were smashed. Madeleine was missing It looks as though someone had gone straight past the twins to get to her. [3]

Jill (or Gill) Renwick -
a family friend told GMTV the McCanns were certain that Madeleine has been abducted. "They were just watching the hotel room and going back every half-hour and the shutters had been broken open and they had gone into the room and taken Madeleine," she said.” [4]

Fact
The shutters had not been forced or broken

John Hill Mr Hill said that despite the report by a family friend that the shutters to the couple's apartment were broken, there was no sign that anyone had forced their way in while the McCanns ate at the tapas restaurant 200 yards away.
"It's still questionable as to whether it's abduction," [5]

Chief Inspector Olegario Sousa, spokesman for the investigation, later confided in British former Chief Inspector Albert Kirby that neither the windows nor their shutters had been tampered with.
Mr Kirby told The Mail on Sunday: "
I had a very interesting chat with the officer in charge. The window shutters are not an issue. Their mechanism makes them almost impossible to open. The door was left unlocked. They did that every night.” [6]
Photos exist of the forensic scientist from the PJ examining the shutters. It is clear that the shutters are in perfect condition. [7]

A short video clip of an attempt to open the shutters from outside may also be seen on YouTube. In this it is clear that the shutters jam into the housing above the window, and do not remain in the raised position once released. [8]


2 Entry by Gerry McCann
Claim
Gerry McCann first said he entered through the front door, using his key

Gerald McCann, statement, 4 May 2007: 11:15 a.m.
“. . . Thus, at 9.05 pm, the deponent entered the club, using his key, the door being locked, and went to the children's bedroom and noted that the twins and Madeleine were in perfect condition. . . [9]

Second claim
A week later he said he entered through the patio door, which had been left unlocked.

Gerald McCann , statement 10 May 2007
“He is certain that, before leaving home, the children's bedroom was totally dark, with the window closed, but he does not know it was locked, the shutters closed but with some slats open, and the curtains also drawn closed. Asked, he mentions that during the night the artificial light coming in from the outside is very weak, therefore, without a light being lit in the living room or in the kitchen, the visibility inside the bedroom is much reduced. Despite what he said in his previous statements, he states now and with certainty, that he left with KATE through the back door which he consequently closed but did not lock, given that that is only possible from the inside. Concerning the front door, although he is certain that it was closed, it is unlikely that it was locked, because they left through the back door”. [10]

3 Point of entry
Claim
The intruder must have entered through the open shutters and open window
See above
Jon Corner -
a close friend of Kate McCann and godparent of the twins, said she phoned him in the middle of the night distraught. He said: "She just blurted out that Madeleine had been abducted. Kate said the shutters of the room were smashed. Madeleine was missing It looks as though someone had gone straight past the twins to get to her. [3]

Jill (or Gill) Renwick -
a family friend told GMTV the McCanns were certain that Madeleine has been abducted. "They were just watching the hotel room and going back every half-hour and the shutters had been broken open and they had gone into the room and taken Madeleine," she said.” [4]

Later claim or admission
The open shutters and open window may not have been the point of entry or exit

During the week following the Dispatches programme the McCanns’ official spokesman, Clarence Mitchell, announced that the McCanns now reversed their previous stance on the break-in story.
“THE spokesman for the family of Madeleine McCann has reversed a statement made in the early days of the search for the missing child. . . However, in the early part of the hunt, friends and family members told journalists that the shutter on the apartment where the McCanns were staying had been broken. . . "There was no evidence of a break-in," said Mr Mitchell.
"I'm not going into the detail, but I can say that Kate and Gerry are firmly of the view that somebody got into the apartment and took Madeleine out the window as their means of escape, and to do that they did not necessarily have to tamper with anything. They got out of the window fairly easily.” [11]

McCanns own website.
“Lisbon 14th January 2010
There are few points which have been raised in the last few days which I would like to address specifically:

Abduction theory: For us, there is only the abduction theory possible because we were not involved in Madeleine's disappearance and we know Madeleine did not wander off by herself. It is obvious and right that the police should consider other theories initially.

The window: I described to the police officers exactly what I found that night, as it was and is highly relevant and I knew that every little detail could be helpful in finding my daughter which is our only aim. The window which is a ground floor window was completely open and is large enough for a person to easily climb through it. Whether it had been opened for this purpose remains unknown. It could of course have been opened by the perpetrator when inside the apartment as a potential escape route or left open as a 'red herring'. [12]


4 Sedation
Claim
The children were not sedated
10 August 2007 ( or thereabouts)
Gerry: “you know we’re not gonna comment, on anything but you know there is absolutely no way we use any sedative drugs or anything like that an’ you know we we have co-operated with the police we’ll answer any queries ermm … any tests that they want to do. . . “ [13]

25 Oct. 2007
The McCanns, of Rothley, Leics, were asked if reports that they sedated their children were true. Cardiologist Gerry replied: "It is ludicrous. These sort of questions are nonsense and we shouldn't be giving them the time of day. There is absolutely no suggestion that Madeleine, or the children, were drugged. It's outrageous." [14]

Oct. 2007
Oprah Winfrey "And then, there were the... the hurtful rumours that you drugged Madeleine or that you gave her sedatives; that you accidentally caused her... her death..."
KM: (After a long pause) "I mean we know it's all lies."
GM: "It's just nonsense you know, there's no... that people can have theories and that's all it is, there's no evidence to suggest any of that and it's absolute ludicrous, you know, and it's..." [15]

Later claim
The children must have been sedated

19 Nov. 2007
“Gerry McCann: The twins were still sleeping in the their cots so . . . we tried to leave it as undisturbed as possible, and they slept very soundly until we moved them out their cots into another apartment . . which does make you wonder if there was [sic] any substances used to keep them asleep.” [16]

11 Oct. 2009
Former police detectives David Edgar and Arthur Cowley . . . are convinced the abductor went to the family’s apartment on May 3 2007 fully prepared with sufficient drugs, probably chloroform, to knock out all three children. The fact that Sean and Amelie, then just 18 months old, failed to wake when the alarm was raised, nor even as they were taken to another apartment in the cold night air, has persuaded the detectives that they, too, must have been drugged. [17]

13 May 2011
Kate McCann: I believe kidnapper drugged my twins on the night Madeleine was taken. Kate McCann said the kidnapper who seized Madeleine may also have drugged her other two children, as she launched a new appeal in the hunt for her missing girl today.
Mrs McCann said she had to check that twins Sean and Amelie were still breathing because they did not wake as they began a frantic search for the missing three-year-old. [18]
Note
On publication of the book ‘Madeleine’, it became clear that Kate had known or suspected sedation from the start

3 May 2007 (NOTE: this information was not released until May 2011)
p. 75 “Had Madeleine been given some kind of sedative to keep her quiet ? Had the twins, too ?” [19]


5 Being made suspects
Claim
Kate told her friends by telephone that she had been made a suspect

p. 246 Madeleine, Friday morning, September 7, "for a good couple of hours we were on the phone, calling family and friends to make them aware of the situation and to give them the green light to voice their outrage and despair if they wanted to. Nobody needed a second invitation. They'd all been struggling to contain their concerns for a long time.
Justine arrived to help. While Gerry talked again to Bob Small she was ringing selected editors in the UK." [20]
The Standard had picked up the feed and published it the same day.

Later claim
Kate complained that this was press intrusion

Mr Jay: We're going to look at that particularly in a moment. In paragraph 40, however, you refer to one piece in the Evening Standard, which is I think the very day you were declared arguidos, 7 September 2007: "Police believe mother killed Maddie."
Kate McCann: Mmm.
Mr Jay: Was that the first time that point was made so baldly and so falsely?
Kate McCann: There's been so many headlines of similar gravity that I can't tell you honestly whether that was the first time…” [21]

6 Fluids in car
Claim
The McCanns came up with a range of excuses for bodily fluids found in the car, ranging from sea bass to used nappies.

A source said: "Kate and Gerry are innocent and they're more confident than ever of proving that.
"The evidence against them is flimsy at best. Who is to say what happened when they moved to the new apartment? Everything, including Madeleine's sandals and the twins' nappies, were dumped in the car. Bags of stuff were thrown in. Anything could have found its way there. Gerry folded down the rear seat to cram it all in.
These items will have included traces of skin, sweat and bodily fluids. DNA could easily have been transferred in such circumstances. [22]

Later statement
At Leveson Kate said under oath, there were no fluids found in the car

9   MRS McCANN:  These were desperate times.  You know, we were
10       having to try and find our daughter ourselves.  We
11       needed all the help we could get, and we were faced
12       with -- I know we'll come on to headlines, but "Corpse
13       in the car"; I don't know how many times I read "Body
14       fluids in the car".  And it gets repeated that often, it
15       becomes fact.  There were no body fluids.  We
16       desperately wanted to shout out "It's not true, it's not
17       true", but when it's your voice against the powerful
18       media, it just doesn't have a weight.  [23]



7 Half hourly checks
Claim
The parents were making half hourly checks throughout the week.

Witness statement of Gerald Patrick McCann, 4th of May 2007, at 11.15 a.m.
As usual, every half hour and considering that the restaurant was close to the apartment, the deponent or his wife went to check if the children were ok. [24]

Witness statement of Kate Marie Healy, 4th of May 2007, at 2.20 p.m.
As usual, every half hour, and given the fact that the restaurant was close, the witness and her husband came to make sure the children were ok. [25]

Witness statement of Gerald Patrick McCann, 10th of May 2007, at 3.20 p.m.
Dinner ended at around 23h00, and during this period, every half-hour, the deponent and KATE went, alternately, to the apartment to confirm that all was well with the children. On that day, only the deponent and his wife entered the apartment. He is sure that they always entered through the front door, not knowing if they locked it upon leaving. Usually they entered the apartment, in which one of the living room lights was on, went to the children's bedroom door, which was ajar, and only peeped inside, trying to hear if the children were crying. The shutters were closed with only two or three slats open, the window was closed though he is not totally sure if it was locked, and the curtains drawn closed. Ten minutes after dinner ended they made their way to the apartment, going to bed right away.  [26]

Contradiction
The late Mrs Fenn reports a child crying and screaming for over an hour on previous evening

Thus, according to the facts noted in the files, she says that she has lived in the apartment since 2003, which is located on the upper floor, immediately above the room from which the child disappeared.

She states that on the day of the 1st May 2007, when she was at home alone, at approximately 22H30 she heard a child cry, and that due the tone of the crying seemed to be a young child and not a baby of two years of age or younger.

Apart from the crying that continued for approximately one hour and fifteen minutes, and which got louder and more expressive, the child shouted "Daddy, Daddy", the witness had no doubt that the noise came from the floor below. At about 23H45, an hour and fifteen minutes after the crying began, she heard the parents arrive, she did not see them, but she heard the patio doors open, she was quite worried as the crying had gone on for more than an hour and had gradually got worse.

When questioned, she said that she did not know the cause of the crying, perhaps a nightmare or another destabilising factor.

As soon as the parents entered the child stopped crying.

That night she contacted a friend called XXXX XXXX, who also lives in Praia da Luz, after 23H00, telling her about the situation, who was not surprised at the childs crying. [27]


8 Kate’s Dream
Fact
Kate reported to Insp. Paiva that she had had a dream in which she had “seen” Madeleine dead

According to the court testimony of the McCanns' liaison officer, Ricardo Paiva, the suspicions of Amaral and his team were hardened by what was seen as a turning point in the police investigation.
It came when a weeping Kate phoned Paiva, in late July 2007, to report a disturbing dream in which she had seen Madeleine lying on rocks overlooking a beach at Praia da Luz. The detectives took this to be a clear signal that the McCanns knew full well that their daughter was dead. [28]

Denial by Gerry
On the steps of the court Gerry publicly denies that Kate had had any such dream

He then went on to contradict Dr Paiva's evidence that Kate had seen Madeleine on a hillside in a dream. He said: "I'd like to make it absolutely clear that Kate has never had a dream that Maddie has been buried somewhere, and I don't know if something's been lost in interpretation, but that didn't happen – not with those words, that's for sure." [29]

9 Lying in general
Fact
Kate admits lying

Book p 206 That morning Gerry and I, along with Jon and a colleague, were preparing to drive to Huelva in Spain to put up posters of Madeleine. Jon was intending to do some filming and several of the British journalists were going to join us there, on the give-and-take principle: it would give them a story centred on Madeleine, rather than on us, and this in turn would publicize our efforts. As I was dropping Sean and Amelie off at Toddler Club, I had a phone call from Gerry. The police wanted to come over at 10am. Something to do with forensics, they’d said. Great timing. And forensics? What was that all about?
We’d never lied about anything – not to the police, not to the media, not to anyone else. But now we found ourselves in one of those tricky situations where we just didn’t seem to have a choice. As it happened, Gerry had a mild stomach upset which we used as an excuse to postpone the trip. We didn’t feel good about this at all, but even if the judicial secrecy law had not prevented us from giving the main reason, can you imagine what would have happened if we’d announced to the journalists heading for Huelva that the police were coming to do some forensic work in our villa? We were not to know our excuse would prove to be no more than a temporary holding measure. If we had, we wouldn’t have bothered trying to keep the scurrilous headlines at bay. [30]

10 Afternoon of 3rd May
Claim
Kate arrives after a run to find the children with Gerry at tea

p. 66 Having arranged for Gerry to meet the children, I opted to go for a run along the beach, where I spotted the rest of our holiday group. They saw me and shouted some words of encouragement. At least, I think that’s what they were shouting! I remember feeling fleetingly disappointed that we hadn’t known they were all heading for the beach, as it might have been nice to have joined them, especially for the kids. I wondered whether Madeleine had been OK about staying behind at Mini Club when Russ or Jane had collected Ella. I wasn’t to know at that stage that in fact they had only just arrived when I ran by. It’s hard work being a mum sometimes, fretting about the possible effects of the smallest of incidents on your children. I’m sure a lot of these worries are unfounded but it doesn’t stop us having them, and we’ll probably go on having them for the rest of our lives.
I had finished my run by five-thirty at the Tapas area, where I found Madeleine and the twins already having their tea with Gerry. The others had decided to feed their kids at the beachside restaurant, the Paraíso. Madeleine was sitting on the Tapas terrace, eating. She looked so pale and worn out, I went straight up to her and asked if she was all right. Had she been OK at the club when Ella left to go to the beach? Yes, she said, but now she was really tired and wanted me to pick her up, which I did. Ten minutes later, the five of us went back to our apartment. I was carrying Madeleine. Because she was so exhausted we skipped playtime that evening. [31]

Fact
On that day Kate herself signed Madeleine out of the crèche at 5:30pm


[32]

11 Eye defect
Facts
The McCanns released details of the coloboma to the press of the world.
They trademark the sign “Løok”, in the phrase “Løok for Maddie”
The eye defect is blown upon a giant screen at the FA cup Final,
The eye defect is clearly visible on all photos released as part of the campaign
The eye defect is clearly visible on the front cover picture of the book
Gerry McCann states that using it was a “good marketing ploy.”



[33]
[34]


Later
Kate denies “putting emphasis on it”

CNN PIERS MORGAN TONIGHT Where is Madeleine McCann? Aired May 11, 2011 - 21:00
MORGAN: Madeleine had a very distinctive eye pattern, didn't she? Tell me about that, Kate, in case people see somebody they think may be Madeleine. Tell me about her eye.
K. MCCANN: If I'm honest, we haven't put too much emphasis on her eye, because I think you have to be very close to her to see it. [35]


12 Private detectives
Claim
The McCanns deny using private detectives.

May 22 2007
Ian Woods (Sky News): "Gerry, I know that you've been getting lots of money in. People will want to know how you're going to spend that. I mean, I know, one of the thoughts was to hire private investigators. Is that the case and what input do you think they can have that perhaps the Portuguese police haven't had to date?"
Gerry McCann: Taking your question on, back to the private investigators. I'd like to reiterate what we've already said. The thrust of this investigation will be the criminal investigation which is being... errr, run by the Portuguese police with assistance from the British police.
Regarding the specific point about the private investigators, we've taken advice about the level and the extensive resources both in this country and in the UK which are being... errr, directed and... to Madeleine's search and, at this stage, we don't see a role for private investigators." [36]
And
Jane Hill (BBC news): And... and some of that support has translated into a lot of money that's gone into the fighting fund, I think nearly £300,000 has been pledged, so far. What of the reports that say, perhaps... those people who suggest that some of that money could be sensibly spent on things like private investigators, for example.
Gerry McCann: Well, you know, the fund, errm... was really... really evolved to provide an outlet for people who wanted to contribute financially and these offers, errr... will help us and are helping us and that has helped us to bring in quite a comprehensive legal team and independent sector, errr... consultants as to what we could and should be doing.
I did, errr... address this and the situation hasn't changed that, at this time, with the huge amount of resource from the police, errr... both in the UK and Portugal that the advice is that private investigators will not help. I personally, and we, believe that it's the public who hold the key to this; someone knows something and we would urge that if anyone has any information to come forward and anyone who's been in this area, within the two weeks leading up to Madeleine's disappearance, to come forward if they haven't already done so and upload those pictures." [37]

Fact
The McCanns were already using private detectives from Control Risks and had been so from the previous week

p. 126 Kate McCann: ”By the Sunday evening [13th May 2007] we found ourselves giving our statements again, this time to a couple of detectives from Control Risks. We were concerned that parts of the statements we had made to the Portuguese police , especially on that first day,” she claims, “might have been lost in translation. We also felt that these accounts were not particularly thorough and wanted to have every detail we could remember registered properly.” [38]


13 The search of the second apartment
Claim
They claim they had no explanation, and that they were made to leave the villa.

p. 205-6 As I was dropping Sean and Amelie off at Toddler Club, I had a phone call from Gerry. The police wanted to come over at 10am. Something to do with forensics, they’d said. Great timing. And forensics? What was that all about?
SNIP
My mum, dad, Brian and Janet set off for the town to get out of the way before the police arrived. Ten o’clock came and went, as did lunchtime, then the afternoon. It was 5 pm when they eventually showed up. They told us they wanted to shoot some video footage of our clothes and possessions. The forensics people would then take these away and return them the following day. They offered no explanation as to why they were doing this. Gerry and I just assumed it was on the suggestion of the British team, who had no doubt pointed out that it should have been done much earlier. We could kind of see the point: after all, the abductor could have brushed against some of our belongings and left traces of his DNA. Even at this late stage, it might be possible for some vital information to be retrieved. We were even quite pleased this was happening, that something was happening which might help find Madeleine.
Left with only the clothes we were wearing, we were all asked to leave the villa. It was early evening and we had to find somewhere to go with two tired and hungry toddlers in tow. When we were allowed back, we found four detectives in the house: José de Freitas, João Carlos, Ricardo Paiva and a woman called Carla. They went through the list of what had been removed. I was not only confused, I was devastated: as well as all of our clothes, they had taken my Bible (my friend Bridget’s Bible, to be precise), Cuddle Cat and my diaries. Why had they taken my diaries? Obviously not for any forensic purpose: the abductor couldn’t have been in contact with them because they hadn’t existed until halfway through May. And the Bible had been lent to me by Bridget’s husband Paddy a week after Madeleine’s abduction. My journals were private and full of personal thoughts and messages to Madeleine. I felt violated. [39]

Fact
There was a full search warrant, a copy of which was to be served on the McCanns, and they were to be invited to be present.

SEARCH WARRANT
In Triplicate
Case: 201.070 GALGS
Inquiry – Legal Acts
Date: 2nd August 2007
Subject: Search Warrant – Valid for 20 days with strict observance of the proceedings laid down in articles n 176 – 177 of the CPP. Competence of the Lagos Judge.
Dr Anjos Frias, Judge of the Lagos Court
ORDERS that according to the terms of articles 174 n 2, 176 n1, 177 n|1, 177n1, 296 n1 of the Penal Process Code a SEARCH will be made of the premises identified below, if necessary with forced entry whilst observing the legal formalities foreseen in articles 176 and 177 of the CPP, for the EFFECTIVE APPREHENSION of all elements that could clarify the investigation and instruction process according to the terms of article 178 of the same code.
The search should include the entire property, even the part occupied by people other than the suspects, including annexes and rented areas.
Before proceeding to effect the search, copy of the dispatch attached determining who had access to the place, mentioning that they can be present during the search and be accompanied or substituted by someone of confidence will be delivered. If the persons in reference are not present, copy of the dispatch can be delivered where possible to a family member, neighbour, caretaker or whoever acts as substitute, article 176, n 1 and 2 of the CPP.
All information will be included in the process files.
Location of Inquiry:
“McCann family residence”, respective garages and annexes, situated in Vista Mar, Luz Parque, Praia da Luz, if necessary with forced entry.
Signed and sealed
Judge Anjos Frias [40]

14 Who spoke to Mrs Fenn ?
Claim
Kate spoke to Mrs Fenn

p. 75 Then a lady appeared on a balcony – I’m fairly certain this was about 11pm, before the police arrived – and, in a plummy voice, inquired, ‘Can someone tell me what all the noise is about?’ I explained as clearly as I was able, given the state I was in, that my little girl had been stolen from her bed, to which she casually responded, ‘Oh, I see,’ almost as if she’d just been told that a can of beans had fallen off a kitchen shelf. I remember feeling both shocked and angry at this woefully inadequate and apparently unconcerned reaction. I recollect that in our outrage, Fiona and I shouted back something rather short and to the point. [41]

Contradiction
Mrs Fenn's statement refers to speaking to Gerry McCann

During the day nothing unusual happened, until almost 22H30 when, being alone again, she heard the hysterical shouts from a female person, calling out "we have let her down" which she repeated several times, quite upset. She then saw that it was the mother of little Madeleine who was shouting furiously. Upon leaning over the terrace, after having seen the mother, she asked the father, GERRY, what was happening to which he replied that a small girl had been abducted. When asked, she replied that she did not leave her apartment, just spoke to GERRY from her balcony, which had a view over the terrace of the floor below. She found it strange that when GERRY said that a girl had been abducted, he did not mention that it was his daughter and that he did not mention any other scenarios. At that moment she offered GERRY help, saying that he could use her phone to contact the authorities, to which he replied that this had already been done. It was just after 22H30.

Mrs Fenn has no reason to lie. [42]


15 Metodo3 claims that Madeleine would be found by Christmas
Claim
McCanns claim that this was never said

Bates, Wells and Braithwaite, reply by email, dated 11 January 2008, to the author

“We acknowledge ...etc.
We are also replying on behalf of Haysmacintyre
We are advised by our clients that reports in the media purporting to be from the investigators, which made claims as to when Madeleine would be found are inaccurate and misrepresentations of their views. [my emphases]
Our client has every confidence in the investigators who continue to search for Madeleine.
Yours faithfully
BWB London LLP" [43]

Fact
Kate admits that this was said

p. 283 "We have no doubt that M3 made significant strides, but unfortunately, in mid-December, one of their senior investigators gave an overly optimistic interview to the media. He implied that the team were close to finding Madeleine and declared that he hoped she would be home by Christmas." [44]


16 The colour of the pyjamas
Claim
The pyjama bottoms were white
Kate’s statement
At the time of her disappearance, she was wearing pyjamas, with white bottoms with a floral pattern and a frill at the end. The short-sleeved top, mainly pink with a blue-grey donkey figure on the front, bearing the inscription "EEYORE", an inscription which was also on one of the trouser legs.
The pyjamas are of the "Marks and Spencer" brand. [45]

p. 84 "Although Jane had never seen or known about Madeleine's Eeyore pyjamas, her description of this child's night clothes - light coloured pink or white pyjamas with a 'trailing' or floral pattern and turn-ups on the bottoms - matched Madeleine's almost exactly. " [46]

BBC Crimewatch
Recorded in Praia da Luz: 04 June 2007, Televised: 05 June 2007
Fiona Bruce: (to camera) "It's 33 days since little Madeleine McCann disappeared from Praia da Luz in Portugal. Tonight, in a special appeal, her parents Gerry and Kate plead for your help in the hunt for their daughter."

Gerry McCann: "For the Crimewatch viewers at home I think this would be a good time now to review all the information."

Kate McCann: "These are virtually identical to the pyjamas that Madeleine was wearing when she was taken. As you can see it's a pink top, errm... with gathered short sleeves and it has a picture of Eeyore on the front. Errr, the bottoms are white with a... a floral design and have an Eeyore, errm... on the bottom of the right leg." [47]

Counterclaim
The Pyjamas bottoms were not white

p. 171 "We were able to show a pair of pyjamas like Madeleine's on the programme, which was particularly important since at the time it had been incorrectly stated in some press reports that her pyjamas were white." [48]

Fact
The pyjama bottoms were white [49]
 




17 “We answered all the questions”
Claim
The McCanns cooperated fully with the police and answered all questions truthfully
PARIS MATCH: EXCLUSIVE INTERVIEW WITH THE McCANNS
04 September 2007
By our special reporter in Portugal: Arnaud Bizot.

PM – The police must equally have suspected your friends and delved into your backgrounds?

GM – We have replied to all the questions that have been put to us and we will continue to do so, whatever the new information might be. Of course, we shall be completely honest.

KM – We have said everything we know and responded to everything that we have been asked. [50]

Fact
Kate refused to answer any of the 48 questions during her second interview
11 months later the police files were released and revealed that Kate had refused to answer any of the 48 specific questions during her second interview [51]

This is also admitted in the book
p.248 “On the other hand I was very weary and at least repeating “No comment” didn’t involve engaging my brain. It certainly speeded up the translation process.” [52]





References


1 http://news.bbc.co.uk/2/hi/uk_news/england/leicestershire/6623127.stm

2 http://www.guardian.co.uk/uk/2007/may/05/world.topstories31

3 http://www.timesonline.co.uk/tol/news/uk/crime/article1750081/ece
http://www.mirror.co.uk/news/uk-news/maddy-3-goes-missing-472340

4 http://www.independent.co.uk/news/world/europe/british-girl-missing-on- algarve-holiday-447404.html

http://www.24dash.com/news/Communities/2007-05-04-Holidaymakers- join-Algarve-hunt-for-missing-three-year-old

Reported on http://hypocriteandliar.wordpress.com/tag/jill-renwick/

5 http://www.independent.co.uk/news/world/europe/british-girl-missing-on- algarve-holiday-447404.html

Quoted at http://themaddiecasefiles.com/topic15821.html
referring to Press Association ,4 May 2007 By PA Reporters

6 [url=http://www.dailymail.co.uk/news/article-454466/Madeleines-parents-left- patio-doors-unlocked.html]http://www.dailymail.co.uk/news/article-454466/Madeleines-parents-left- patio-doors-unlocked.html[/url]

7 http://www.gerrymccannsblogs.co.uk/ocean_club_appartment-.jpg

8 https://www.youtube.com/watch?feature=player_embedded&v=IeuMzyaCnnY

9 Witness statement Gerald Patrick McCann, 4th May 2007, may be accessed at http://mccannfiles.com/id192.html

10 Witness statement Gerald Patrick McCann, 10th May 2007. may be accessed at http://mccannfiles.com/id261.html#tap10

11[url=http://www.independent.ie/world-news/europe/mccann-family-reverse-story-over- breakin-evidence-1203473.html] http://www.independent.ie/world-news/europe/mccann-family-reverse-story-over- breakin-evidence-1203473.html[/url]

12 http://www.findmadeleine.com/updates/updates@page=1.html

13 [url=https://www.youtube.com/watch?feature=player_embedded&v= uMUdynuECbE]https://www.youtube.com/watch?feature=player_embedded&v= uMUdynuECbE[/url]

14 The Sun By Antonella Lazzeri and Clodagh Hartley 25 Oct. 2007

15 [url=https://www.youtube.com/watch?v=Ix6bKUnmOCM&feature= player_embedded]https://www.youtube.com/watch?v=Ix6bKUnmOCM&feature= player_embedded[/url]

16 BBC Panorama, 19 Nov. 2007
https://www.youtube.com/watch?v=Ix6bKUnmOCM

17 [url=http://www.dailymail.co.uk/news/article-1386093/Kate-McCann-Kidnapper-drugged- twins-night-Madeleine-taken.html]http://www.dailymail.co.uk/news/article-1386093/Kate-McCann-Kidnapper-drugged- twins-night-Madeleine-taken.html [/url]

18 http://cnews.canoe.ca/CNEWS/World/2011/05/12/18139856.html

19 “madeleine”, by Kate McCann, Bantam Press, 2011, p 75.

20 “madeleine”, by Kate McCann, Bantam Press, 2011, p 246

21 Leveson enquiry, copied at http://www.mccannfiles.com/id385.html

22 http://www.mirror.co.uk/news/topstories/2007/09/19/maddy-s-mum-why-i-m-innocent-
cached at http://www.mccannfiles.com/id16.html

23 http://fullfact.org/leveson/hearings/111123-pm

24 Witness statement Gerald Patrick McCann, 4th May 2007, may be accessed at http://mccannfiles.com/id192.html

25 Witness statement Kate Marie Healy, 4th of May 2007
may be accessed at http://mccannfiles.com/id192.html#sta4

26 Witness statement Gerald Patrick McCann, 10th May 2007. may be accessed at http://mccannfiles.com/id261.html#tap10

27 Witness statement Pamela Fenn 20 August 2007
may be accessed at http://mccannfiles.com/id331.html#fenn1

28 [url=http://www.telegraph.co.uk/news/worldnews/europe/portugal/6974917/Madeleine- McCanns-death-covered-up-by-parents-who-faked-kidnap-court-hears.html]http://www.telegraph.co.uk/news/worldnews/europe/portugal/6974917/Madeleine- McCanns-death-covered-up-by-parents-who-faked-kidnap-court-hears.html[/url]

[url=http://www.thesun.co.uk/sol/homepage/news/2805709/Kate-McCann-dreamt-Maddies- body-was-on-a-hillside.html]http://www.thesun.co.uk/sol/homepage/news/2805709/Kate-McCann-dreamt-Maddies- body-was-on-a-hillside.html[/url]
may be accessed at http://www.mccannfiles.com/id296.html


29 http://www.express.co.uk/news/uk/151642/McCanns-fury-at-death-claim
may be acessed at http://www.mccannfiles.com/id299.html

30 “madeleine”, by Kate McCann, Bantam Press, 2011, p 206.

31 “madeleine”, by Kate McCann, Bantam Press, 2011, p 66.

32 http://www.mccannfiles.com/id351.html

33 http://www.mccannfiles.com/id169.html

34 http://en.wikipedia.org/wiki/Response_to_the_disappearance_of_Madeleine_McCann

35  PIERS MORGAN TONIGHT: Where is Madeleine McCann?, 11 May 2011
Can be acessed on http://www.mccannfiles.com/id370.html

36 http://www.mccannfiles.com/id170.html

37 McCanns give first interview, 25 May 2007
may be accessed at http://www.mccannfiles.com/id212.html

38 “madeleine”, by Kate McCann, Bantam Press, 2011, p 126.

39 “madeleine”, by Kate McCann, Bantam Press, 2011, p 205-6.

40 Processos Vol VIII Pages 2085 – 2086
can be acessed at http://themaddiecasefiles.com/topic6328.html

41 “madeleine”, by Kate McCann, Bantam Press, 2011, p 75.

42 Witness statement Pamela Fenn 20 August 2007
may be accessed at http://mccannfiles.com/id331.html#fenn1

43 Personal e-letter to author from Bates Wells Braithwaite

44 “madeleine”, by Kate McCann, Bantam Press, 2011, p 283

45 Witness statement Kate Marie Healy, 4th of May 2007 
may be accessed at http://mccannfiles.com/id192.html#sta4

46 “madeleine”, by Kate McCann, Bantam Press, 2011, p 84

47 http://news.bbc.co.uk/player/nol/newsid_6720000/newsid_6721400/6721465.stm?
may be acessed at http://www.mccannfiles.com/id185.html

48 “madeleine”, by Kate McCann, Bantam Press, 2011, p 171

49 http://www.mccannfiles.com/id185.html

50 Paris Match: exclusive interview with the McCanns 4 September 2007
can be accessed at http://www.mccannfiles.com/id185.html

51 [url=http://www.mailonsunday.co.uk/news/article-1041216/Pictured-The-bedroom- Madeleine-McCann-vanished-Portugal.html]http://www.mailonsunday.co.uk/news/article-1041216/Pictured-The-bedroom- Madeleine-McCann-vanished-Portugal.html[/url]
can be accessed at http://www.mccannfiles.com/id142.html

52 “madeleine”, by Kate McCann, Bantam Press, 2011, p 283..