Documented Evidence

The Truth of the Lie by Gonçalo Amaral

FIRST MORNING OF THE INVESTIGATION;
AN ABDUCTION?

Still May 4th

When drawing up the report of the first observations, which must be forwarded to the district Judiciary Court of Lagos, we are undecided about the legal denomination of the events. Finally, we opt for “abduction??,” adding two question marks after the word to express our uncertainty. The decision was not taken lightly. That decision preserves the interests of the various opposing parties, those of the parents, those of the child, not to say those of the investigation itself.

The report by the team who conducted the analyses of the apartment records all observations carried out and statements gathered. It sets out the list of people present and potential witnesses. It also includes fingerprints taken as well as photographic documentation.

On reading this report, which was given to me on the morning of May 4th, I understand that there is no evidence sufficiently convincing to tip the investigation in one direction rather than another. There are many possible leads: voluntary disappearance – the child could have wakened and not seeing her parents, gone off to look for them; accidental death and concealing of a body; physical abuse causing death; murder by negligence or premeditated; an act of vengeance; taken hostage followed by a ransom demand; abducted by a paedophile; kidnap or murder committed by a burglar.

The hypothesis of abduction widens and complicates the investigations; it allows the mobilisation of means and resources that would have been difficult to obtain otherwise, such as the arrival of reinforcements, absolutely indispensable faced with the magnitude of the task, notably in the course of the first 72 hours. In a more calm climate, we could have got down to the search for evidence more effectively, allowing us to understand how that child disappeared, without worrying that suspicion might fall on the friends of the family.

09_VOLUME_IXa_Page_2319

Photos 41 to 43: Details of the window of the bedroom from which the child disappeared where the non-existence of traces/clues of break-in/forced entry was verified.

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B - Pages 967-972 Processo vol 4.
At 11:00am on 4 May 2007 I, IT, assistant-specialist, began to examine the following location:
At apartment 5A, Ocean Club:

- Side of the patio door: One adequate print recovered but not matched to known persons.

- Outside of one patio door: Eight inadequate prints were recovered.- Outside of [the other] patio door: One inadequate print was recovered.- Outside of the external blinds to the children's bedroom: three inadequate prints were recovered.

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Pedro do Carmo wrote:Maddie's parents are not suspects. Period.

The McCann Power Point Presentation

Date: 16th January 2008
From: Stuart Prior

To: Ricardo Paiva

Subject: Forward sketch

Annexes: BK ? MM present at (sic) Jan 08, Gail Cooper (2) doc, Paul Gordon (3) doc, Trudy dawkin (2) doc, tanner description 2 doc,
Summary of second statement Tanner doc.
Ricardo,

Please get back to me as soon as possible with your instructions.

The power point attached was completed by the McCanns but the statements were all taken by UK police.

The Jane Tanner description was taken from the press and also from the summary of her statement.

Does Paolo want the sketches showing to Paul Gordon or do we want to get a new sketch prepared by Paul. There is some urgency around this as we need to decide prior to the Gail Cooper artist impression appearing in the UK press.

Does he want Gail re-interviewing re the new information.

Do you want the husband and son (although this may be difficult due to the son's medical condition) of Gail Cooper interviewing.

Do you want the other witness, the friend of Alfred Schuurman's tracking down if they are in the UK.

How are you going to deal with possible press issues.

What are you planning around Mr Kennedy or the private investigation firm.

We do not have Afred Schuurman or Gail's husband or son in our system.

Gail Porter's statement was sent to Portugal on 23rd May and Paul Gordon's was sent to Portugal prior to 14th May.

I will need to get back to the McCanns as he asked to be updated, how would Paolo want this conducting and what information am to provide them They are very excited about this potential lead.

Give me a call back.

Thanks
Stu

From: Gerry McCann
Sent: 16 January 2008 13:15

To: stuart prior

Subject: sketch

Stuart as discussed

Gerry

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Is this the first time in the history of British policing where the prime suspects lead the investigation?

An investigation that by rights should be conducted by the Portuguese police alone?

SUSPICIOUS BEHAVIOUR AND CONTRADICTIONS

THE MURAT CASE

I immediately telephone the team to alert them. The Director of the Department of Criminal Investigation in Faro has to be involved in a meeting the same morning, where we will discuss the case of Robert Murat. We decide to request the latter's help again in order not to lose sight of him. We must act with the utmost speed, because Madeleine could be in one of the houses he has access to. The investigators continue to check the information we have about him. He is English, aged 33 and is separated from his wife. The latter lives in Great Britain with their daughter; the latter is nearly the same age as Madeleine and looks like her. The English journalist to whom he gave this information during an interview was immediately distrusting of him and the reasons that motivated him to help the police. Murat has lived with his mother in Vila da Luz for several years, but he goes to England regularly. Back from his last stay in Exeter on May 1st, he has to return there on the 9th. He is ready to postpone his departure, desirous above all, he states, of helping the police to find Madeleine.

His behaviour starts to seriously intrigue us. He often makes reference to similar cases that happened in the United Kingdom and which he seems to know in detail. He displays suspicious curiosity and seeks to know more. He offers to help us identify possible suspects. He knows the workings of the Ocean Club and the habits of the holiday-makers very well. He even, allegedly, tried secretly to access the investigation files. It is also known that he visits web sites of a pornographic nature.

His mother has set up a desk near the Tapas restaurant in order to gather and give out information about Madeleine. We don't know if this woman's actions are philanthropic in nature, or if she is hoping to keep well-informed of all the information circulating about the case. Members of the British agency CEOP (Child Exploitation and Online Protection Centre), take a close interest in Murat and work to develop his psychological profile.

The Truth of the Lie by Goncalo Amaral - Chapter 7

IN THE McCANNS’ BEDROOM

The police who searched the house the McCanns were occupying, in particular their bedroom – the room where Gerald set up his office – report that the father and the mother are reacting very differently to the trouble that has befallen them.

Kate seems to be in mourning: numerous photos of Madeleine are pinned to the wall or placed on her bedside table. Spaced between them – as though watching over the child’s soul – a representation of a saint, a crucifix or a rosary can be seen. A bookmark bearing the effigy of a saint is slipped into a copy of the Bible, opening on the second book of Samuel, chapter XII, where the following verses can be read:

“[13] “I have sinned against the Lord,” David said.
Nathan replied, “The Lord forgives you; you will not die. [14] But because you have shown such contempt for the Lord in doing this, your child will die.” [15] Then Nathan went home.
The Lord caused the child that Uriah’s wife had borne to David to become very ill.
[16] David prayed to God that the child would get well. He refused to eat anything and every night he went into his room and spent the night lying on the floor. [17] His court officials went to him and tried to make him get up, but he refused and would not eat anything with them. [18] A week later the child died, and David’s officials were afraid to tell him the news. They said, “While the child was living, David wouldn’t answer us when we spoke to him. How can we tell him that his child is dead? He might do himself some harm!”
[19] When David noticed them whispering to each other, he realized that the child had died. So he asked them, “Is the child dead?”
“Yes, he is,” they answered.
[20] David got up from the floor, had a bath, combed his hair, and changed his clothes. Then he went and worshiped in the house of the Lord. When he returned to the palace, he asked for food and ate it as soon as it was served. [21] “We don’t understand this,” his officials said to him. “While the child was alive, you wept for him and would not eat; but as soon as he died, you got up and ate!”
[22] “Yes,” David answered, “I did fast and weep while he was still alive. I thought that the Lord might be merciful to me and not let the child die. [23] But now that he is dead, why should I fast? Could I bring the child back to life? I will someday go to where he is, but he can never come back to me.”
[24] Then David comforted his wife, Bathsheba. He had intercourse with her, and she bore a son, whom David named Solomon. The Lord loved the boy [25] and commanded the Prophet Nathan to name the boy Jedidiah, because the Lord loved him.”1

For David life had to go on.

In contrast, in the part of the room occupied by Gerald, the walls are bare, cold, no photos of his daughter. It’s here that he administers the Madeleine Fund, organises his very busy agenda and writes his blog. His current reading material – The Interpretation of Murder, by Jed Rubenfeld, Spirit Messenger, by Gordon Smith, It’s Not About The Bike: My Journey Back To Life, by Lance Armstrong, – leaves nothing at all to the imagination about the drama the family is living through. With amazement the police officers discover a series of books and manuals exclusively intended for police services and government agencies.

– Missing and Abducted Children: A Law-Enforcement Guide to Case Investigation and Program Management, National Center for Missing & Exploited Children;

– Training Courses, (CEOP Serious Organised Crime Agency – Child Exploitation and Online Protection Centre);

– Making Every Child Matter…Everywhere, CEOP (Serious Organised Crime Agency – Child Exploitation and Online Protection Centre).

Mark Harrison himself wonders how Gerald McCann could have obtained these books.

The Truth of the Lie by Gonçalo Amaral - Chapter 17

02-Processo Vol 2...Pages 510-512
By FAX
Department of Criminal Investigation at PORTIMAO.

CONFIDENTIAL/URGENT.

To : Detective Chief Superintendent Robert Hall
Fax: 00441XXXXXXXXX
From: Goncalo Amaral - C.I.C. no D.I.C. de PortimAo
C/C : Fax:
Data: 07-05-2007 . No pages : 03
Ref : N / ref : Inq. 201107.0 GALGS
Subject : Request for Collaboration

In furtherance of your operation TASK and International Police Cooperation please see the following points:

1. Could you consider making enquiries to question JEREMY MICHAEL WILKINS (UK Passport No 205XXXXXX, DOB 24.02.1974) ?
Wilkins was staying at the Ocean Club resort at the time of Madeleine's disappearance and may have vital information. Wilkins lives at the following address, 23 MXXXXX RXXX, London, NWlX XXX. Wilkins is contactable on the following telephone numbers 00447XXXXXXXXX and 00442XXXXXXXXX.

We would like the following points covered if possible;

- Did Wilkins travel with anyone else?
- If he has children and what age are they?
- If he knows the group of people which MADELEINE MCCANN was part of and the apartment block where the guests were staying ?
- If he knows MADELEINE'S parents and in particular her father GERALD MCCANN ?
- When did he met GERALD MCCANN and in what circumstances ?
- Did he play tennis with GERALD McCANN ?
- Did he meet with him apart from playing tennis ?
- Did he come to know the routine of GERALD McCANN and his family (his wife and children ?
- If he did, when GERALD was having dinner with his wife and friends where were the children and how were they looked after ?
When was the last time he was with GERALD McCANN, when not playing tennis, before the disappearance of MADELEINE ?
- On the day of the disappearance, was JEREMY out with his children in the evening ?
- Did he meet GERALD and at what time ?
- Where was GERALD coming from at this time ?
- Exactly where was this meeting with GERALD ? (please obtain confirmation of the exact location on the attached map)
- What was the distance of this meeting from GERALD'S apartment ?
- Can Jeremy provide a sketch map of the location ?
- What did they talk about at this time and for how long ?
- When he was talking with GERALD, did any of Gerald's group pass by ?
- If so, who ?
- When he was talking with GERALD did he see whether anyone passed by carrying a child in the road near the apartment block ?

2. In the spirit of Police to Police Cooperation we request the presence of a British Criminal Analyst who may be able to assist the enquiry.
Also the collaboration of the UK's "Child Exploitation Online Protection" may be useful if they wish to send one of their officers to provide assistance to the investigation,

3. We would like further information (by telephonic analysis if thought necessary) relevant to the investigation about the following subjects :
- GERALD McCANN and KATE HEALY contactable on telephone numbers 00447XXXXXXXXX,00441XXXXXXXXX and 00447XXXXXXXXX.
- MATTHEW DAVID OLDFIELD and RACHAEL MAMPILLY, contactable on telephone numbers 00442XXXXXXXXX, 00447XXXXXXXXX and 00447XXXXXXXXX.
- RUSSEL JAMES O'BRIEN and JANE MICHELLE TANNER, contactable on telephone numbers 00447XXXXXXXXX and 00447XXXXXXXXX.
- DAVID ANTHONY PAYNE, contactable on telephone number 00441XXXXXXXXX, FIONA ELAINE PAYNE, contactable on telephone number 00441XXXXXXXXX and DIANNE WEBSTER, contactable on telephone number
00441XXXXXXXXX.

Namely if there is any indication of motive for anyone in the UK to kidnap the daughter of GERALD McCann ?

Regards

Coordinator of Criminal Investigation :

Goncalo Amaral.

Apropos of mobile phones .... did they or didn't they have .... who used whose phone and when and why .... not forgetting the frantic night of 3rd/4th May 2007 when phone lines were zapping across Europe. Enough to exhaust anyone's battery you might say.

It's a struggle at the best of times but early Sunday afternoon, you might be able to decipher enough of the following to get the gist..

David Payne's rogatory interview - 11th April 2008

1485 "Again, there was a series of text messages around about the same time on the Friday the fourth. There was err two calls and then...'
Reply "Around six o' clock''

1485 "Yeah, well the calls were made between eight and nine in the morning.'
Reply "Right.'

1485 "And then there was between ten a.m. to six p.m. there's a series of eight text messages, actually I'm lying, no I'm wrong, sorry, scrap that, there was two, there was two calls between eight and nine in the morning and then one text message, two text messages around about ten a.m.'

Reply "Right.'

1485 "Could you have been at the Police Station that, the following day around about that time''

01:24:38 Reply "I mean we didn't leave the Police Station the following day until about eleven o' clock so that, I mean if they were ten a.m. then that would have been before.'

1485 "But that number's not in your book at all''

Reply "No, as I say whether it's just because it's not one I've transferred across, because I've not got all of the numbers in this phone that I've got in my other one. I, I mean I can certainly get those for you.'

1485 "You may well have to actually.'

Reply "Yeah okay.'

1485 "The next number ends in ***. Sorry, that's S again, sorry.'

Reply "Okay.'

1485 "And again there was quite a number of text messages, so you text him again.'

Reply "Yeah.'

1485 "Its okay, they've put it in the saved box here.'

Reply "Oh right, so it's the same''

1485 "The same yeah. Okay, we'll move on, this is a small number and it, it is ***.'

Reply "So that's a local number''

1485 "I think''

01:26:10 Reply "Yeah, I mean err it may well have been SA gave us a contact of someone that was a friend of the family in Portugal who err could get us mobile phones because Kate and Gerry you know hadn't got any contact, you know way of contacting, their batteries were running out or something like that so SAhad basically said err you know there's, there's these people that we know there and you know that could have been it.'

1485 "Or, because then there were two text messages sent about half past, about ten o' clock on the Friday evening to that number.'

Reply "Oh to that number, well that wouldn't make sense.'

1485 "No.
'
Reply "Err''

1485 "From that number to your number.'

Reply "Oh, it could have been then, if they text me saying oh I hope everything's alright, you've got the phones and everything, that's the only thing.'

The call list is not the point here so you can ignore them, I included the text to keep it in context.

The point is, Friday 4th May 2007, only hours after Madeleine McCann's alleged disappearance - the group are in need of mobile phones, in addition to those they already had?

It's possible that one or two of the group forgot to pack their charger, although I think it highly unlikely. Besides, you can always use someone else's.

The logical conclusion is they wanted additional phones for a specific reason.

There is no contract drawn with a pay-as-you-go mobile. You buy it complete with SIM, all you need do is top up the credit. Ownership is untraceable - unless you wish it to be known.

This small addition to the ever growing list of intrigue, rather throws the phone analysis research to the winds. If indeed this was all a contrived strategy to hide and mislead, like so many other aspects of the case.

Subject: Group timeline after Madeleine's disappearance

Date:14-08-2007

Dear Sirs,

This report contains a summary of the 'timeline' that shows the movements of the group after the disappearance of Madeleine McCann from apartment G5A in the Mark Warner resort in Praia da Luz on 3rd May 2007. It is centred on the McCann family and the group of friends who travelled with them on holiday to Portugal.

This 'timeline' was created based upon translations of statements made be elements of the group to the Portuguese police, from statements made in English to 'Control Risks' by five elements of the group and by Emma Knights, manager of client support services for Mark Warner, from various statements and questioning of Mark Warner staff made to the Portuguese and British police and from questioning carried out at that time.

At about 22.00 when Kate Healy returned to the apartment to check on the children, the rest of the group were at the Tapas Bar/Restaurant except for Jane Tanner, who was in her apartment G5D as, E**e, one of her children was unwell.

When Kate discovered that her daughter Madeleine was not in the apartment (G5A) she ran back to the Tapas Bar to alert the rest of the group.
Dianne Webster remained at the table whilst all the others rushed to the apartment. Gerry McCann and Kate Healy were the first to return to their apartment, where Kate had left the patio doors completely open and the twins were fast asleep in their beds.

Gerald searched the apartment and stated that the window of the children's bedroom was open and the shutter raised. He checked the shutter before continuing to search outside.

All the men from the group began to search the immediate area.

David Payne ran from the McCann's apartment towards the Millenium area. Then he turned in the direction of the church. He searched the rocky areas of the beach/coast and checked the stands and boats. He then returned to the Ocean Club reception, passing the Millenium area. David then checked the area around the walls together with Matthew Odlfield.


Russell O'Brien was in the McCanns apartment for a moment only, rushing out to search the perimeter of the apartment. Then he went to look for Madeleine with Matthew Oldfield. They went in the direction of the beach. He searched the perimeter of the tennis courts and the paths leading to the beach. Russell searched the gardens and all of the surrounding area. He searched the eastern part of the beach, zigzagging back along the roads to the McCann's apartment. All the time more people were joining in the search and Russell knew the police had been contacted.
Afterwards he searched the adjacent apartments to the east of Kate and Gerry along the Rua da Ramalhete and more apartments to the east. On some occasions David Payne was with him.

When Matthew saw that Madeleine was not in the apartment, he went to the 24 hours reception to ask them to telephone the police. Matthew spent most of the night searching the neighbouring areas for Madeleine without success. Matthew searched the road between the apartment and the cr'he. He searched between the apartment and the Millenium restaurant, also along the beach and finally a cemetery as well as the road leading back to the apartment. Part of this search was carried out with David Payne and Russell O'Brien and part was carried out alone. Matthew talked to an Indian insurance salesman and saw Nathan, the director of the beach concession.

Fiona Payne was the only woman from the group to help in the searches. Fiona searched the periphery of the complex ' one search, which she made alone. When she returned she spent the rest of the night with Kate.

After waiting at the restaurant table for five minutes, Dianne Webster went to the McCann's apartment where she entered the children's bedroom and saw Kate with the twins. Kate insisted on the fact that the window and shutters were open when she saw the children, Dianne went outside to see if she could raise the shutter from the outside and found it to be impossible. Dianne stayed in the McCann's apartment for about 5 minutes and then returned to the restaurant to fetch her bag, the McCann's camera and the baby monitor. She then immediately returned to the McCann's apartment. Gerry and Kate were in the apartment as well as Fiona. Fiona asked Dianne to stay with Lily and Scarlet to check that they were ok. Dianne returned to the Payne apartment and stayed there for the rest of the night.

Rachel Mampilly went to see her own daughter before going to meet Jane in her apartment. When they talked Jane told her that when she had gone to check on the children she saw Gerry and Jez talking together as well as a man carrying a child. Jane told Rachel that she had not said anything at the time because nobody knew that Madeleine had gone missing and she had not seen the child's face.


Summary

It is difficult to confirm where all the elements were in the minutes/ hours after the discovery that Madeleine was missing. It appears that most of the women remained within or near the apartments, Fiona Payne left and searched around the complex, before returning to the McCann's apartment where she stayed with Kate. Then Emma Knights (client support director) searched the beach area and asked Kate what Madeleine had been wearing. Shortly afterwards Emma returned to the McCann's apartment and stayed with Kate.

The men's movements, however, are more difficult to pinpoint.

Gerald was seen and spoken to by Neil Berry and Raj Malu. They heard him calling for Madeleine when they were sitting on Neil's balcony, not far from the McCann's apartment. They both went down to talk to Gerald and helped in the search.

Both David Payne and Matthew Oldfield were seen by Emma Knights when she was on her way to the beach, the search area to which she was assigned by Lyndsey Johnson (child care director and search coordinator).

At about 01.00 Matthew was with John Hill (resort manager) when they knocked on Jeremy Wilkins's door to ask if he had seen anything.

At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.


Conclusion

In the confusion following the disappearance of Madeleine it would be possible that one of the men or Fiona Payne 'escaped' to join in the searches again later.

Analyst 7792 Eaton

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IN THE MATTER OF MADELEINE BETH MCCANN

Judgement of Mrs Justice Hogg at the High Court, Family Division, RCJ, London, 7th July 2008, in open court: International Family Law Group

Madeleine went missing on 3 May 2007 just a few days before her 4th birthday, while she was holidaying with her family in the Algarve in Portugal.

On 17 May 2007 Madeleine's parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.

On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.

At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive.

She is a British Citizen, and like her parents habitually resident here.

The current application was made on 2 April 2008 by the parents seeking disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and joined to the application, and directions given for the hearing today.

The parties have reached an accommodation whereby the Chief Constable will provide to Madeleine's parents contact details of members of the public who had themselves contacted the parents or their solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information given.

The parents do not wish to pursue other aspects of the application, and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do so.

I have no criticism of the parents in making this application. They have behaved responsibly and reasonably throughout.

I have considered the documents provided to this Court by the various parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should be permitted to withdraw the balance of their application.

I will make the Order by Consent as sought. In particular paragraph 1 of the Order made on the 22 May 2007 shall be varied with the words:

"The terms of this paragraph shall not apply to the Chief Constable of Leicestershire or any other United Kingdom law enforcement agency. And for the avoidance of doubt all the evidence submitted to the Court and the Case Summaries and Skeleton Arguments remain confidential to the Court save that the Chief Constable may use his discretion to disclose his evidence, case summary and skeleton arguments filed in this Court and the Orders of 22 May 2007, 2 April 2008 and this Order. Any other documents and their contents are not to be disclosed to any person or published save in accordance with Orders already made by the Court or further Order of the Court".

It may be noted that neither of the Parents is present today. I let it be known last week that providing their legal team was fully instructed neither parent need be present, and I would not criticise or bear any ill-feeling towards them if they chose to stay away. It was my decision as they have suffered enough, and I wished to ease their burden.

I know the police authorities and other official law enforcement agencies in this country, in Portugal and elsewhere have striven and will continue to strive to trace Madeleine.

I urge anyone who has any information however small or tenuous to come forward now so that further enquiries can be made.

There is, of course, as least one person who knows what has happened to Madeleine, and where she may be found.

I ponder about that person: whether that person has a heart and can understand what it must be like for Madeleine to have been torn and secreted from her parents and siblings whom she loves and felt secure with, and whom no doubt misses and grieves for. Whether that person has a conscience or any feeling of guilt, remorse or even cares about the hurt which has been caused to an innocent little girl: whether that person has a faith and belief, and what explanation or justification that person will give to God.

I entreat that person whoever and wherever you may be to show mercy and compassion, and come forward now to tell us where Madeleine is to be found.

I hope and pray that Madeleine will be found very soon alive and well.

I confirm the Wardship and Madeleine will remain a Ward of Court until further Order of the Court.

The case will be reserved to myself subject to my availability.

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03 Cartas Rogatorias Vol III Page 26
cr3_26
Leicestershire Police Force

From: DC443 J.N. HUGHES

To: SIO, Operation Task
Department: Main Criminal Unit

Date: 16th May 2008

Ref: Background Information– Kate McCann


Dear Sirs,

In response to your letter of request, I can provide the following information regarding the above-mentioned subject.


Kate McCann was born on March 5, 1968 in Merseyside.
Her maiden name is Healy, which she still uses in her clinical practice.
She is the bearer of British passport number **************.

She lives with her husband and children at Orchard House, 5 The Crescent, Rothley, Leicestershire, LE7 7RW. The house is subject to a mortgage for the amount of GBP 323.493 with the Northern Rock bank.

There is no report or statement of bank credit cards listed in the research carried out. However I was alerted to the fact that if an individual maintains an account open with the same bank or credit card accounts for a long period of time, these details do not appear in this kind of search.

She works for the local NHS as a GP in Latham House, Melton Mowbray, Leicestershire. She is currently on maternity leave.

Her phone number is ******* and she has a T mobile phone number ********.
There is no record of either of her surnames on the National Police Computer.

The search reference is NE84/0053/4.

A check of the location of the crime and information system is negative.

Inquiries made of local social services are negative.

Searches made of the local section of child abuse investigation shows a registration number 19309 in CATS (system of action location). A consultation with the DC Soand from the department in question confirms that this is just a file reference, but as a complement to Operation Task system for the purpose of reference, if any investigation should be necessary by the department. No work has been done on the basis of this file.

An examination of all other police files using a search system does not reveal any information about her.

Submitted for your information.
____________________________________________________________________________________________________________________

03 Cartas Rogatorias Vol III Page 27
cr3_27

Leicestershire Police Force

From: DC443 J.N. HUGHES

To: SIO, Operation Task
Department: Main Crime Unit

Date: 16th May 2008
Refª

Subject: Background Information- Gerald McCANN

Dear Sirs

In response to your letter of request, I can provide the following information regarding the above-mentioned subject

Gerald McCann was born on June 5, 1968 in Scotland.

He is the bearer of British passport No **********.

He lives with his wife and children at Orchard House, 5 The Crescent, Rothley, Leicestershire, LE7 7RW.

The house is subject to a mortgage for the amount of GBP 323.493 with the Northern Rock Bank.

There is no report or statement of bank credit cards listed in the research carried out. However I was alerted to the fact that if an individuals maintains an open account with the same bank or a credit card for a long period of time, these details do not appear in this type of research.

He works for the NHS as a cardiologist at Glenfield hospital.

His previous address was 14 Queniborough Hall Drive, Queniborough, Leicestershire, LE7 3DZ.

His phone number is ******** and he has a mobile phone Vodafone No **********.

He is the owner of two vehicles registered in the PNC, a light blue Volkswagen Passat - R119 and a green BVV VW Touran, FM54 CXR.

No record was found in the National Police Computer. Search reference NE91/0031.

A search of the crime location and information system only indicates that Mr McCann was the victim of a theft of golf clubs from inside his car in the drive way to his home on 01/04/2006. Criminal Reference NQ/010145/06-9

A search of the local section of the child abuse shows a registration number 19309 in the CATS system. A consultation with the DC Soand from the department in question confirms that this is just a file reference, but as a complement to Operation Task system for the purpose of reference, if any investigation should be necessary by the department. No work has been done on the basis of this file.

An examination of all other police files using a search system does not reveal any information about him.

Submitted for your information.

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There is no report or statement of bank credit cards listed in the research carried out. However I was alerted to the fact that if an individual maintains an account open with the same bank or credit card accounts for a long period of time, these details do not appear in this kind of search.

Much emphasis has been placed on this issue by the global internet sleuths - why are the McCanns hiding their banking details. Another red herring methinks.

Well, to suggest any balanced adult in this the 21st century, doesn't have a bank account and some sort of credit/debit card is beyond ridiculous - unless they keep their stash under the mattress.

I've no idea what 'kind' of research was being carried out as mentioned in these documents, I can only conclude that it was for criminal activity associated with the names. In which case, assuming innocence, the banking details wouldn't appear on record.

My bank has been giving me some truck of late, they must have done an ad-hoc check on my banking activity and decided I was money laundering. Don't you need money to launder - and have a regular laundry to launder !?! So to iron out the creases, the banks Department of Fraudulent Banking and Commercial Laundering Services were on my case, until they checked the 'system' and found I'm a pretty decent citizen after all. They never offered an apology , only that they were prepared to overlook the matter and wouldn't bother me again. If I receive another communication, just ignore it!

Such are the vagaries of modern life.

A major issue which I don't believe has ever been probed - the mobile phones procured for use by the McCanns and possibly one or more of their friends, very early in the proceedings.  The only detailed documented evidence comes from David Payne's rogatory interview, in April 2008.

We must at first establish the identity of SA, this is what David Payne had to say..

1485 "And who's SA''
Reply "Err he is err my, Fiona's sister LW, that's her husband.'

1485 "And what sort of a relationship do you have with him''
Reply "Err a very good relationship. He is err someone that I've known for many years, we've been to their wedding, they came to our wedding, and err he's you know a very good friend.'

So, SA is F's sister LW - that her husband   .  Whatever, SA would appear to be a close relative of the P's.  Having cleared that up, we'll move on.

On the subject of the mobile phone/s obtained for McCann communal use, DP has this to say..

1485 "The same yeah. Okay, we'll move on, this is a small number and it, it is ***.'
Reply "So that's a local number''

1485 "I think''
01:26:10 Reply "Yeah, I mean err it may well have been SA gave us a contact of someone that was a friend of the family in Portugal who err could get us mobile phones because Kate and Gerry you know hadn't got any contact, you know way of contacting, their batteries were running out or something like that so SA had basically said err you know there's, there's these people that we know there and you know that could have been it.'

1485 "Or, because then there were two text messages sent about half past, about ten o' clock on the Friday evening to that number.'
Reply "Oh to that number, well that wouldn't make sense.'

1485 "No.'
Reply "Err''

1485 "From that number to your number.'
Reply "Oh, it could have been then, if they text me saying oh I hope everything's alright, you've got the phones and everything, that's the only thing.'


It would appear the Leicestershire Constabulary officer conducting the interview didn't think so important as I, a matter worthy of further questioning .

Further on we have another little comment to throw further confusion light on the subject..

Reply "The, I mean, the other, there was a, the other person who contacted me which I didn't mention while I was at the Police Station was one of the Portuguese err newspapers and err you know asking, you know for comments and err so that could have been what the, you know, the number. I spoke, I did speak to the other, the friends of Simon ALDRIDGE'S who you know who kindly bought the phones and they actually bought the phones to the Portim' Police Station and I went downstairs and got the phones and then err brought them back upstairs. Err in terms of you know whether I, we spoke to them on the next day sorry, was that the question''

1485 "Well you spoke to them on the next day, the next day yeah that Madeleine went missing, on the fourth.'
Reply "Right.'
[Note:  David Payne's witness statement was taken on 4th May 2007, he was not formally reinterviewed by the PJ.  The natural conclusion is therefore, he is referring to Friday 4th May 2007]

Now it gets even more confusing..

1485 "Who lent you these phones that SA had organised for you''
Reply "Err I mean, S brother err is a gentleman called Nand N's wife N had got friends out in the Algarve and they were just you know basic people who were just willing to help us in whatever capacity it was, whether we wanted a room for the night or anything and they asked is there anything we can do, err whether they could do, and err and that was, you know, that was one thing we said well actually you know err Kate's phone's nearly ran out, we're sat, we don't know how long we're gonna be at the Police Station you know could, you know, can they, you know is there any way of getting phones to us just so that you know, we can, for communication. Err and err so that was, that was a capacity really err of people.'

01:04:02 1485 "And where were these phones, when did these phones arrive''
Reply "Err when did we get the phones' When we were at the Police Station, err you know as, you know I just asked whether I could just pop downstairs there was someone who's brought us phones and they said yeah, so I quickly popped downstairs, got the phones, and took them back into the Police Station. Err I can't remember if there was any power in them when we opened them up but err so then that was, you know, so the phones were just, you know because we hadn't got any other, anything there, so.'

1485 "And what phones were they' Do you remember what sort of, what make they were''
Reply "Err they were Samsung phones, err and I think they were Vodaphone SIM cards. Err the actual model, I can't tell you the Samsung phone but they were, something like the Samsung three hundred, something like that.'

1485 "Yeah, how many phones were there''
Reply "There was, there was two err and we ended up, err again, we ended up keeping one and Kate and Gerry had one, I think we gave the second one to Kate and Gerry as well after a while but we were err you know because they'd got credit put on to them so we were just using those phones rather than run up the expense of our own phones.'

1485 "Yeah.'
01:05:33 Reply "So err yeah.'

1485 "So the two phones, you've kept one and gave one to Kate and Gerry''
Reply "Kate and Gerry yeah.'

1485 "And do you have the numbers of those phones in your phone''
Reply "I don't, no, no.'

1485 "Where are these phones now''
Reply "Err as far as I am aware that they, you know, remained in Portugal, again''

1485 "With whom''
Reply "With Kate and Gerry.'

1485 "So Kate and Gerry took possession of that second phone which you had''
Reply "Well, they certainly kept the first one, the second one, the second one, sorry, no I think that's rubbish. I think I, I may well have got the, I might have got the second phone. Actually I've got a sneaky feeling when I got home I tried the UK SIM card in it and it didn't work so I could well have got the second phone.'

1485 "So is it likely that this second phone is at your home address''
Reply "Err that is a strong possibility.'

1485 "So two Samsung phones.'
Reply "Yeah, yeah.'

1485 "One is, to your knowledge, still with Kate and Gerry.'
Reply "Yeah.'
1485 "The other one you may well have at your home address.'
Reply "Yeah, yeah.'

1485 "Did you use the phones often''
Reply "Not''

1485 "In Portugal''
Reply "Not a great deal no, no, it was, it was, first of all you know we didn't have any numbers in them already and then with being a Portuguese phone you know it was just a bit more difficult so we, if we ever used them, I mean which wasn't often, we'd perhaps call Kate and Gerry using the Portuguese phone, but it wasn't a kind of religious oh we'll just use the, that Portuguese phone to err you know establish communication.'

1485 "Yeah.'
01:07:23 Reply "Err you know and the other reason that we, we had the, one of the phones is because Fiona didn't have a phone either so you know, so it's like she had the use of the other phone as well.'

1485 "Right, so out of the two of you then, who predominantly used that phone''
Reply "I'd say Fiona.'

1485 "Fiona''
Reply "Yeah.'

1485 "And has it been used since it's been in the UK''
Reply "No.'

1485 "Okay, okay.'
Reply "And I'm just trying to think you know how much, you know the, the, I can't remember you know obviously we were there for four weeks after but when the actual credit ran out, because I remember the credit running out and not being able to actually put anymore on even though it's supposed to be quite straight forward but again, you know whether that was after, you know, three weeks of being out there or whatever I can't remember.'

1485 "Yeah, how many times do you think you topped it up then''
Reply "I don't, I don't think we did, I don't think I did. I don't think I could work out how to do it to be honest.'

1485 "So when both of them arrived both of them had credit on them''
Reply "They put, I think they put, I think err I think they put forty pound credit or forty euros, you know, which seemed to last a lot longer than the amount of credit we were (inaudible) we were using our own err mobile phones.'

1485 "Just wait there a second I'll just (inaudible).'
Reply "Okay.'

01:08:40 DC MESSIAH leaves the interview room.
01:09:00 DC MESSIAH re-enters the interview room.

1485 "All done.'
Reply "Okay.'

1485 "The phone, is it likely that I could collect it when I take you home''
Reply "I can certainly have a look for it and I can give you, I mean if you, if you wanted to have my other mobile phone with all the numbers in and you know if you can access text messages on that you're welcome to have that phone.'

1485 "Okay, do you know where you'd be able to put your hand on it if you''
Reply "Err the Samsung one, again, there was a Vodaphone bag that was knocking around, and that would be where it is if err I can find it. Fiona might know.'

1485 "Okay, perhaps you could give her a call or something.'
Reply "Yeah, yeah.'

1485 "Alright then, it's now sixteen forty on this date.'
01:09:48 The interview ceased at 1640 hours when the tape recorder was switched off.
SIGNATURE (Sgd)
SLS

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So, all that waffle and no real explanation why the McCanns or one or more of their friends, had need of an additional mobile phone on Friday 4th May 2007 - onwards ....

David Payne is truly an enigma. Not so much the missing piece of the jigsaw but the big piece that hasn't yet been put in it's rightful place, without which the jigsaw is not complete.

His rogatory interview is a drama in it's own right.

David Payne organized the holiday on behalf of the rest of the group, he arranged everything except Dianne Webster's travel arrangement so why, when relating the holiday weeks movements, does he distance himself and his family from the rest of the group? There is some garbled mention of the groups breakfast and lunch arrangements but it lacks cohesion, whatever the McCann family excluded themselves, opting for breakfast and lunch in their own apartment. The only time they seemed to get together as a group was for dinner at the Tapas restaurant, even that is less than convincing.

The Payne family didn't participate in the child checking system because they had a baby monitor. As I've said many times in the past, David Payne made the holiday arrangement, he knew the Mark Warner facilities available beforehand - why then did he not advise the rest of the group to take baby monitors? That's just an aside,

David Payne rogatory interview - April 2008

1485 "Did you see them in a car at all whilst you were in Portugal, prior to Madeleine disappearing''
Reply "Err we all arrived you know at Praia Da Luz initially in the taxi err apart from that I can't really recall.'

1485 "That's it.'
Reply "I can't recall err seeing you know err going anywhere in a car.'

1485 "Is there anything that you consider pertinent or relevant to establish the material truth''
Reply "Err the, there are a few things but I don't think this is the right forum for bringing those up.'

1485 "Okay. And finally, Mr PRIOR touched on the re-enactment earlier on, I think the re-re-enactment's likely to take place either at the end of April or sometime in the middle of May. Do you see yourself attending''

Reply "I will do anything in my powers that could be helpful to shed light on what happened to Madeleine or bring Madeleine back, or to change the status that Kate and Gerry find themselves in. Though saying that, we have concerns regarding going back err for a re-enactment and those points that we have you know raised in a letter which I believe is being forwarded to the Portuguese Police. Err what we would like to see is you know some detailed answers to those points and we would also like to know that everyone else is taking part in the re-enactment because if everyone wasn't there then it doesn't seem that its particularly err worthwhile and obviously you know, problems with the press, you know, which would become very prominent the past twenty four hours, you know I think we would certainly want some reassurances err to you know, just, it'll address people to look at the letter that we all sent and if you're kind enough to answer those in detail then that is a, you know, an answer that we would make in light of what the response was to those points.'

1485 "Okay.'
Reply "But I wouldn't rule anything out.'

1485 "Okay. Is there anything else at this particular moment that you'd like to say''
Reply "No.'

1485 "Okay. I make the time err sixteen twenty five.'

00:55:53 Male knocks at the door, DC MESSIAH leaves the interview room.

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1485 "Is there anything that you consider pertinent or relevant to establish the material truth''

Reply "Err the, there are a few things but I don't think this is the right forum for bringing those up.'

I'm not entirely sure anything material can be construed by those few words. There are other instances throughout the rogatory interview, I think I can say at the close of every session, where David Payne is asked much the same thing, albeit difference wording.

Who knows, he could have been referring to the 'bungled' police investigation, the implied witch hunt, the planting of evidence by the PJ or any other aspect of team McCanns defence campaign.

Realistically I can't believe he could get away with such a statement without challenge if it were anything significant.

The McCanns made their request in October 2007 for specific individuals to be interviewed or re-interviewed by the UK police, in this instance Leicester Constabulary, through the rogatory process - seemingly as character witnesses.  This in itself is an extraordinary proceeding, considering those listed were all family and friends..

Faxed from Society of Attorneys 16 Oct 2007 to Ministerio Publico in Portimao.

GERALD PATRICK MCCANN and KATE MARIE HEALY, better identified in the documents referenced above, approach, very respectfully, to set forth and request, Sir, the following:

1 - Since the applicants stopped being considered witnesses, moving to suspects of the disappearance of Madeleine McCann, witnesses central to the discovery of truth were not questioned, or re-questioned.

2 - With the recent investigations, witness interviews and interrogations of the applicants, new questions were raised and doubts aroused, broadening, in this way, the object of the investigation, as well as matters of fact considered relevant to the investigations.

3 - Indeed, the Investigation departed from confining itself to the disappearance of the minor, proceeding to embrace other matters, allegedly connected with her.

4 - It is therefore essential to hear these witnesses who can explain facts now very relevant, such as the way the couple treated their children, their personality and routine and, even, the reactions manifested by them after the disappearance and the consequent psychological and emotional state.

5 - So, and because it is believed essential and indispensable for the establishment of the facts and consequent discovery of the truth, they come to request the hearing of the following groups of witnesses, all present and with direct knowledge of the facts:

Group 1 (persons with whom the couple dined every night during the holidays)
David Payne, with address at ...> (Leicester) (0,774,884 ####)

Fiona Payne to address in ...> (Leicester) (0,779,627 ####)

Diane Webster, with address at ...> (Renhold, Bedford) (0,123,477 ####)
Russell O'Brien, with address at ...> (Exeter) 0,771,325 ####)
Jane Tanner, with address at ...> (Exeter) (6,780,858 #####)
Rachael Oldfield, with address at ...> (London) (0,777,159 ####)
Matthew Oldfield, with address at ...> (London) (0,777,159 ####)

Group 2 (independent customers and employees of the Ocean Club who saw the behavior of Kate and Gerry on the day of the disappearance):
Dan Smith, with address at ...> (Ocean Club, c / o Mark Warner)
Steve Carpenter, with address at ...> (Ware, Herts) (0,781,577 ####)
Carolyn Carpenter, with address at ...> (Ware, Herts)
Jeremy Wilkins, with address at ...> (London)
Catriona Baker, with address at ...> (Surrey) (0,785,823 ####)

Group 3 (people who saw and/or spoke with Kate and Gerry at the time they noticed Madeleine's disappearance):
Patricia Cameron, with address at ...> (Dumbarton) (079,122 ####)
Paul Seddon, with address at ...> (Salford) (079,262 #####)
Michelle Thompson, with address at ...> (Liverpool) (0,151,280 ####)
Emma Kinghts, with address at ...> (Ocean Club, c / o Mark Warner) (3,519,614 ####)
Alan Pike, with address at ...> (Skipton) (0,781,212 ####)

Group 4 (people who knew the daily routine of Kate and Gerry and their relationship with their children before coming to Portugal):
Janet Kennedy, with address at ...> (Rothley, Leics) (0,118,230 ####)
Amanda Coxon, with address at ...> (Leicestershire) (0,794,042 ####)
Karen McCalman, with address at ...> (Leicesterhire) (0,116,269 ####)
Patricia Cameron, with address at ...> (Dumbarton) (0791 202 ####)
Sharon Lewin, with address at ...> (Leicester) (0,788,780 ####)
Hayley Plummer, with address at ...> (Syston) (0,778,987 ####)

Group 5 (persons closely involved in the routine of Kate and Gerry in Portugal after the disappearance of Madeleine and their emotional state)
Sandy Cameron, with address at ...> (Dumbarton) (0,793,399 ####)
Michael Wright, with address at ...> (Skipton) (0,777,556 ####)
Clarence Mitchell, with address at ...> (Bath) (0,779,628 ####)
Linda McQueen, with address at ...> (Merseyside) (0,780,956 ####)
Nicky Gill, with address at ...> (Liverpool) (079,004 ####)
Justine McGuiness, with address at ...> (Dorchester) (0,780,109 ####)

Group 6 (Professionals who can confirm that there was no abnormality in the way Kate and Gerry treated their children):
Dr. Phil Hussey, with address at ...> (Leics) (0,116,260 ####)
Dr Ian Schofield, with address at ...> (Mountsorrel) (0,116,230 ####)

6 - It is certain that some of these witnesses have already been heard, at least once, in the investigation.

7 - But, at that time, the direction of the investigation was apparently different, [that being] the reason why some of these witnesses were not heard on the matters mentioned above, currently considered relevant to the prosecution of the investigation and who already were, furthermore, the object of actual proceedings, namely the questioning and the interrogations of the applicants.

We submit that, their testimony [being] essential to the discovery of the truth, and given that the witnesses designated above actually live in the United Kingdom, where they will be found, (except Dan Smith and Emma Knights who will be found in Portugal), it is requested further, under Arts. 229 and following of CPP, 145 and following of Law 14-4/99 of 31 August (Law of International Legal Assistance in Criminal Matters) and 3 and following of the European Convention on Mutual Legal Support in Criminal Matters, that a Rogatory Letter be expedited for them to be heard in the United Kingdom.

They ask that the request be granted

The Advocates
CARLOS PINTO DE ABREU
ROGERIO ALVES

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It would appear from the case files that the PJ took full advantage of the scheduled re-interview of certain individuals, adding a comprehensive list of questions they thought pertinent to the investigation itself, rather than just character witnesses.  

An example, the current topic of attention, David Payne..

4- THE REQUEST

As this Letter of Request is essential to find out and clarify the truth, we kindly request the Judicial Authorities in the United Kingdom the following :

1 - To interview the following people, who shall clarify, chronologically and at once, as first question, everything they did on May 3rd, 2007, between 5.30 p.m. and midnight.

In addition, DAVID ANTHONY PAYNE shall be asked the following :

* At what time did you return to the Ocean Club, on May 3rd, 2007, allegedly coming from the beach, and where did you go to ?

* Were you at the tennis courts ? If yes, whom did you talk to ?
Page 78  David Payne
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* Did you go to the apartment of the MCCANN family between 6-00 p.m. and 7.00 p.m. ? If yes, why ? Which way did you take ? At what time ? Did you enter the apartment ? Whom did you talk to ? Did you talk to KATE ? If yes, did you notice anything unusual ? How long did that conversation take ? Did you see the children, including MADELEINE ? What were the children doing (sleeping, playing, or doing anything else) ?

* As the person who organised this trip, were you aware of the baby listening service ? Was this service available at night ? Until what time ? Was it free ?

* Did you travel to Portugal with intercoms to monitor your children ? When you travel with your children do you always use intercoms ? Have you suggested this option to any member of the group ?

* At the apartment you stayed in with your family at the Ocean Club, have you ever left the doors or windows open ?

* On the day before the disappearing of MADELEINE, have you ever checked your children ? How often ?

* Who is the user of the mobile phone 447899XXXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of 6 SMS calls to 447748XXXXXX (D Payne's number) from 447899XXXXX and one call to 447899XXXXXXX (the number mentioned above), all on the 4th May 2007, quoted here. (The call to 44899XXXXXXX was at 10.38 p.m. and has duration of 873 indicated)
Page 79  David Payne
cr2_79

* Who is the user of mobile phone 447890XXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of 4 calls from 44890, 2 sms and 2 calls quoted here. The incoming calls, x2,
durations were indicated as 71 and 95)

* Who is the user of the mobile phone 91722XXXX, from whom you received the below mentioned text messages, and what is the relationship between you and him/her ?

(List of 2 sms calls from above number quoted here)

* Who is the user of the mobile phone 441706XXXXXX, with whom the below mentioned connections were made, and what is the relationship between you and him/her ?

(List of three calls, 2 outgoing and 1 incoming, quoted here. The 2 outgoing had durations of 127 and 473. The incoming call has duration of 23. Sequence listed as Outgoing, Incoming, Outgoing).

* Who is the user of mobile phone 4418585XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single call, outgoing to above number, with duration of 493 indicated)
Page 80 David Payne
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Who is the user of the mobile phone 4420723XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single outgoing call to above number with duration of 100 indicated)

* Who is the user of the mobile phone 4477792XXXXXX, from whom you received the below mentioned text message, and what is the relationship between you and him/her ?

(List of single incoming sms from above number quoted here)

* Who is th euser of the mobile phone 4477823XXXXXX, to whom you made the below mentioned call, and what is the relationship between you and him/her ?

(List of single outgoing call to above number, duration of 24 indicated)

* Do you recall a meeting, which took place on May 4th, 2007, at approximately 9.00 a.m., with a British Citizen, YVONNE MARTIN, who acts as a Social Worker ? What was the reason for this meeting ? Did you already know this person ? If yes, from where and in what circumstances ? Did you realise which her duties were ? If yes, did you advise the McCann's to turn to her ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* And also (questions drawn up by the arguidos (formal suspects).

* How long have you known Gerald Mccann and Kate Healy and what kind of relationship do you have with the couple ?

* Have you ever been with Gerald and Kate in their home, and with their children ? How many times ?
Page 81 David Payne
cr2_81

(Note : Only the Handwritten Page Reference Number used in the following text)


* Had you ever been on holiday with them before ? If yes, can you describe how they took care of the children at night ?

* How often did you meet Gerald and Kate during the holidays, between April 28th and May 3rd, 2007 ?

* How often did you see their children, Madeleine, Sean and Amelie ?

* Have you ever felt you had a reason to become somehow concerned about the children ?

* When was the last time you saw Madeleine ?

* When did you see Kate and Gerald on Thursday, May 3rd ?

* At what time did you arrive at the Tapas Restaurant on may 3rd ? Who was already there ?

* What were Kate and Gerald doing when you arrived ?

* Did you speak with Kate and Gerald ?

* How were they behaving ?

* Who left the table during the meal, and why ?

* Did you see Gerald leaving the table during the meal ? At what time ? For how long ? What did Gerald say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Jane leaving the table during the meal ? At what time ? For how long ? What did Jane say when she returned ? Was she behaving or acting differently when she returned ?

* Did you see Matthew leaving the table during the meal ? At what time ? For how long ? What did Matthew say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Russell leaving the table during the meal ? At what time ? For how long ? What did Russell say when he returned ? Was he behaving or acting differently when he returned ?

* Did you see Kate leaving the table during the meal ? At what time ? For how long ? What did Kate say when she returned ? How did she look like ? How was she behaving ? Were you shocked by what she said ? What did you do ?
82 to101 Above letter (English) 2007.12.12
02-Carta Rogatoria File 02 (PDF Page No 82-101
Page 82  David Payne
cr2_82

* Did you enter the McCann's apartment ? Did you enter the bedroom the children were sleeping in ? Can you describe what you saw ? Did you see the twins ? Did you notice anything strange about them ?

* What did you do next ? Did you take part in the subsequent searches ? Who were you with ?

* On realising that Madeleine had not been found in the first 10 minutes, how did Kate react ?

* On realising that Madeleine had not been found in the first 10 minutes, how did Gerry react ?

* Considering that Madeleine had disappeared, what do you think of their behaviour ?

* What did you do between 10.30 p.m. that night and 10.00 a.m. of the following day ? Who did you see ?

* Who did you talk to ?

* When did you leave Portugal ? How many times did you meet Kate and Gerry ? Do you think they were showing a normal behaviour for parents who had lost a child ?

* During the time you were on holiday, did you notice any situation where Kate and Gerry were talking to any unknown person ?

* During the time you were on holiday, did you see Kate and Gerry inside any car ?

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?

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There was maybe one or two minor amendments to the question listings but that is not important here, the PJ's interest in David Payne is significant and thus very important.

I don't believe it was ever explained why he and the missus were not re-interviewed along with the rest of the group on 10th/11th May 2007 - except Kate McCann whom we know was so traumatized, she wasn't in a fit state to be re-interviewed.

Gerry McCann's Blog: 22nd October 2007 - Day 172

This last weekend we went to visit friends and Kate’s parents. It is the first time we have been to Liverpool since we went to Portugal on holiday in April. Sean and Amelie had a great time playing with other young children and it was good for Kate and I to catch up with very close friends. We attended the ‘children’s mass’ in the church where we were married and I met the local priest who also happens to come from Glasgow.

We welcome the announcement from Mr Ribeiro, the National director of the Judicial Police in Portugal, that our friends who were on holiday with us in Portugal are to be re-interviewed. We do not know how many other ‘witnesses’ will be interviewed but obviously we want to be eliminated from the inquiry as soon as possible.

We constantly hope that one of the other lines of investigation leads to Madeleine being found safe and well.

@ 06:00 minutes

... I think ... you know, what people really need to realise ... there was and... er ... Assistant Commissionaire Rowley has said again this week ... the Portuguese have ... their final report have said that there's ... there's no evidence that Madeleine is dead ... erm ... and the prosecutor said ... you know ... there's no evidence that we're involved in any crime and really... that's ... that saying anything opposite isn't justice err ... it's not justice for Madeleine.

Gerry McCann

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PJ Final Report

The physical, real and effective, proximity between JANE TANNER, GERALD McCANN and JEREMY WILKINS, at the moment when the former passed them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, from our understanding, as unusual that neither GERALD McCANN nor JEREMY WILKINS did not see her, nor the alleged abductor, despite the small dimensions of the space;

. The situation that concerns the window of the bedroom where MADELEINE slept, together with the twins, which was open, according to KATE. It would be necessary to clarify whether there was a draft, due to the fact that movement of the curtains and pressure under the bedroom door are mentioned, which would eventually be clarified through the reconstitution.

. The establishing of a timeline and of the effective checking of the minors that were left alone inside the apartments, given the fact that, believing that said checking was as tight as the witnesses and the arguidos describe it, it would be, to say the least, very difficult that the conditions were reunited for the introduction of an abductor in the residence and the posterior exit of said individual, with the child, namely through a window with little space. It is added that the supposed abductor could only pass that window holding the minor in a different position (vertical) from the one that was visualized by witness JANE TANNER (horizontal).

. What happened during the time lapse between 5.30 p.m. (the time at which MADELEINE was seen for the last time by a person that differs from her parents or siblings) and the time at which the disappearance is reported by KATE HEALY (at around 10 p.m.).

Concerning the result of the diligences that were requested from the British authorities, as earlier mentioned, despite the fact that they were almost completely carried out, nothing new was added to the process and, consequentially, to the investigation.

The questioning of the holiday group merely corroborated what had already been established during the investigation, without any detail that could have been reputed as especially relevant being brought forward.

In conclusion, it results from everything that has been done, despite the efforts that were made and all investigation lines being explored, that it is not possible to obtain a solid and objective conclusion about what really happened that night, and about the present location of the missing minor.

On the other hand, it should be referred that this investigation moved itself under conditions of exceptional media exposure, with the publication of many "news" of imprecise, inexact or even false contents, which did not help, in the least, the discovery of the truth and created, many times, a climate of unusual commotion and of lack of serenity.

Therefore, as we do not envision, at the present moment, the execution of any other diligence within the process that might produce any useful result for the process, I submit it to your consideration, for you to determine whatever you may see as convenient.

* * C O N C L U S I O N * *
Portimao, 20th of June 2008

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The PJ final report - legal summary

About the Interest of the Reconstitution

Taking into account that there were certain points in the arguidos' and witnesses' statements that revealed, apparently at least, contradiction or that lacked physical confirmation, it was decided to carry out the "reconstitution of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts , the following very important details, among others:

1 - The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;

2 - The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;

3 - The establishment of a timeline and of a line of effective checking on the minors that were left alone in the apartments, given that, if it is believed that such checking was as tight as the witnesses and the arguidos describe it, it would be, at least, very difficult to reunite conditions for the introduction of an abductor in the residence and the posterior exit of said abductor, with the child, namely through a window with scarce space. It is added that the supposed abductor could only pass, through that window, holding the minor in a different position (vertical) from the one that witness JANE TANNER saw (horizontal);

4 - What happened during the time lapse between approximately 6.45/7 p.m. - the time at which MADELEINE was seen for the last time, in her apartment, by a different person (David Payne) from her parents or siblings - and the time at which the disappearance is reported by Kate Healy - at around 10 p.m.;

5 - The obvious and well-known advantages of immediate appreciation of evidence, or in other words, the fulfilment of the principle of contiguity of evidence in order to form a conviction, as firm as possible, about what was seen by Jane Tanner and the other interposers, and, eventually, to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.

In this sense, the legal procedures were followed, according to the norms and conventions that are in force, and the appearance of the witnesses was requested, inviting them to be present inclusively appealing to solidarity with the McCann couple, as it is certain that since the beginning they adhered to that process diligence.

Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.

We believe that the main damage was caused to the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified.

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For many people, the witness Yvonne Martin holds the key to the supposed dark side of Dr David Payne. 

To this I have to disagree, if anything I believe Ms Martin has laid herself open to scrutiny.  Briefly, at present, I have to say, given the circumstances I would have resented a stranger appearing out of the blue and asking questions but that aside, her conduct was in my view somewhat questionable.

She wrote an anonymous letter to the UK police expressing her concerns, because she said, she didn't want any media intrusion .

Again reading her witness statement given on 14th November 2007, she appears to be implicating David Payne by suggesting his appearance matched the stranger seen by the Smith family, walking the streets of Luz on the night of 3rd May 2007..

She says that about two weeks after Madeleine's disappearance, when the police made an appeal for information about a man, carrying a child, who had been seen in the Luz zone, and whose clothing was described, she wrote an anonymous letter to the British police, telling them the following: : regarding the various details she observed during her contact with the McCanns it is her opinion that they could be in some way involved in the disappearance of Madeleine.

12th June 2007

YVONNE describes the third individual as follows:
Aged about 35 years
Of about 1,80 metres in height
Of normal physical appearance
Having short, dark hair
Using graduated glasses of small dimensions with rectangular lenses
Having a round face
Presenting a scar above his eyebrow and on his left cheek-
Speaking with a Southern English accent
Wearing light trousers, cream or beige coloured, and a dark polo shirt.
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Note:

Date : 2007-11-14

To: The Coordinator of the Criminal Investigation Paolo Rebelo

From: Paolo Ferreira, Inspector

Service Information

Subject: Expedient related to Yvonne Warren Martin

In the sequence of the contents of the service information in annex, which was prepared by Inspector José Monteira on 12-06-2007, the questioning of Yvonne Warren Martin was twice begun, according to the files that are also joined to this.

The statement relates in detail her intervention with the McCann couple after having heard about Madeleine's disappearance.

She adds that on one occasion, because it had occurred to her that the parents and the friends could eventually be involved in the child's disappearance, she wrote an anonymous letter to the British police.

The statements given to the PJ today by Yvonne Martin provide a concrete clarification of the reasons for her suspicions, which in my opinion, do not point to any concrete element that could, in any way, make other inquiries directly related to her statements, viable.

With nothing further to add.

Signed

Inspector Ferreira

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PJ Forensic examination 4th May 2007

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10VOLUME_Xa_Page_2562

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10VOLUME_Xa_Page_2563


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@ 02:05 minutes

Justine McGuiness

During the end of the month of May, beginning of June I was contacted by recruitment consultants who asked me whether I was interested in working for the campaign to find Madeleine McCann.

I agreed to presenting my CV for the appreciation of Kate and Gerry McCann. A short time later I received a phone call from Gerry who asked me a number of questions by phone. It was almost a mini interview that included questions about me and continued to talk about the kind of support that they were looking for. Later I went for another interview in London. I was interviewed by Gerry McCann, John McCann and John Corner. On the same day I agreed to carry out my function which would be to manage the campaign to find Madeleine.

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This must have occurred during Gerry McCann;s second trip to the UK, around 19th June 2007. The trip where he helped with a medical emergency on board an aircraft and when the filthy animal [sic] stole his wallet from his back pocket - neither event has been officially confirmed, nor is there any photographic evidence of this trip - most out of character.

Rachael Oldfield's rogatory interview - 9th April 2008

1578 'That number called your mobile'.

Reply 'Ten thirty, (inaudible), well I don't know, the only people that, well I think the only people I spoke to, I know that a client did ring me one of the days but it wouldn't have been ten thirty at night, erm it was either that Friday or the following Friday to cancel an interview that was happening but I mean that wouldn't have been at ten thirty at night, erm I would think, I mean I suppose it could, it might have been a Journalist, because on the night that Madeleine disappeared, on the Thursday, a friend of mine, or friends of Matts and mine, Kath and James LANDALE and James LANDALE's a BBC News erm and at the time he was like Political Correspondent, erm I saw him the other night actually reading the news on BBC News 24 but I rang him, or I rang his wife Kath cos I had her mobile number, erm basically to say you know that Madeleine had gone missing, was there any way that we could get it on the news and that was, that was on the Thursday night, so I suppose and it was the loc, it was the, was it the Local Elections or something happening that day''

00.05.56 1578 'I dont know'.

Reply 'There were some sort of Elections, must have been Local Elections and James was out, away reporting on that but anyway Kath put me in touch with him and I spoke to him and I spoke to a couple of people on the BBC News 24 desk, so I mean you know, it must'.

1578 'That was on the Thursday evening''

Reply 'That was on the Thursday night'.

1578 'What time would that have been''

Reply 'Well that was sort of you know, midnight after midnight (inaudible)'.

1578 'And this was just after ten thirty pm, twenty two thirty six''

Reply 'On the thir, but that was on the fourth''

1578 'Yes sorry you're correct on the fourth, Friday so'.

Reply 'Yeah, I mean it could have been somebody calling I suppose in relation to that possibly, erm but otherwise, I mean I only really spoke to you know, sort of my mum and sort of you know, close friends and family, erm and then you know, well Kath, Kath, James' wife and then James rang me and I think I rang him back and then a couple of people from the BBC News 24 rang, but that was the Thursday night'.

00.07.10 1578 'Okay'.

Reply 'Erm and actually I do remember actually, on the Friday, my phone went a lot with lots of different BBC people ringing at various times, so that could have gone on until the evening'.

1578 'Alright then, we move on. Who is the user of phone number ......''
Reply '... erm'.

1578 'There are a number of text exchanges between you and that person both ways'.
Reply 'Right'.

1578 'On the second of the fifth and also fourth of the fifth, one, two, three, four, five, there were six messages, exchanges on the second'.
Reply 'Okay right'.

1578 'And five exchanges on the fourth'.
Reply 'Erm'.

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A simple question .... a three year old child found missing from an apartment in the Ocean Club Praia da Luz, Portugal. Panic ensues, people frantically searching not knowing where why or when - why would it occur to Rachael Oldfield to call a friend back in the UK almost immediately, before the police were called - a friend whose husband just happened to be a BBC political correspondent?

And when the eyes of the world were not watching them they concealed her body and planned a hoax abduction then on the 3rd -4th of May it was lights camera action .

I often say something to the effect ... 'I tell lies' or 'I'm lying' when I've made a mistake, it's a figure os speech.  As I frequently use the word 'sorry' - too often I feel!

It doesn't signify.