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Documented Evidence

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Re: Documented Evidence

Post by Mark Willis on 14.12.17 16:06

@polyenne wrote:Verdi, was it a ginger beer ?
hysterical
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Re: Documented Evidence

Post by sar on 14.12.17 17:41

badoom tish!!  One for the friends of Dorothy!

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Re: Documented Evidence

Post by Verdi on 14.12.17 21:10

@polyenne wrote:Verdi, was it a ginger beer ?
big grin

Dunno but it did taste a bit queer, then I got the bum's rush - apparently I didn't fit in.

This all happened around a puddle that was said to be a swimming pool.  Now, I'm a sucker for an alfresco pool in tropical climes but the idea of plunging head first into a 24 inch deep puddle didn't do it for me.  The happy 'campers' entertainment during this episode was an emaciated septuagenarian partially hidden in the shrubbery,  appropriately sat under a banana tree, playing a cello whilst a very effeminate flamboyant boy was attending to her every need - hypothetically speaking - I think confused !

I digress offtopic 


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Re: Documented Evidence

Post by Phoebe on 15.12.17 0:39

@Verdi  Robert Murat arguido statement - 14th May 2007

"Asked about if, unlike the normal programs that he described, he had kept or had had installed on his systems [any] abnormal or peculiar [strange] programs, he replied that he only has a program called "CCCleaner" for the improvement of the performance of the system, not retaining programs that erase traces of child pornography. That that program "CCCleaner" was installed by his son three years ago, which statement [for the record] the respondent corrects and declares that his son informed him of the existence of the "CCCleaner" program years before, it having been the declarer who installed it on the XP systems." 


Am I reading that Murat said "his son informed him?" forgive me if I've missed something but I thought Murat only had a daughter around Madeleine's age? 

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Re: Documented Evidence

Post by Verdi on 15.12.17 1:26

@Phoebe wrote:Am I reading that Murat said "his son informed him?" forgive me if I've missed something but I thought Murat only had a daughter around Madeleine's age? 
Robert Murat's ex-wife Dawn Murat had a son, who she claims looked on Robert Murat as a father - it might be he.

Also, I believe Murat had another child somewhere along the line.  Might be too young to be the son mentioned but from what I've seen, a five year old can teach an adult a thing or two about technology big grin .

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Re: Documented Evidence

Post by Phoebe on 15.12.17 9:56

@Verdi. Thanks, didn't realize that.

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Re: Documented Evidence

Post by Verdi on 15.12.17 12:14

@Phoebe wrote:@Verdi. Thanks, didn't realize that.
I've been looking for a reliable source to confirm when I came across this..

http://www.dailymail.co.uk/news/article-459316/Madeleine-Is-Robert-Murat-suspect-scapegoat.html

There is reference to Dawn Murat's son and a whole lot more of interest. 

I've posted the report on the Media Mayhem thread, I think it warrants a place of it's own as it would appear to be a recorded interview with Murat, rather than the usual journalist's grapevine.

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Re: Documented Evidence

Post by Doug D on 15.12.17 12:22

Interview by David 'Fireman Sam' Jones presumably, or is it just a coincidence?

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Re: Documented Evidence

Post by Verdi on 15.12.17 12:27

@Doug D wrote:Interview by David 'Fireman Sam' Jones presumably, or is it just a coincidence?
As I said over yonder, I think it's pure coincidence.

It's going off piste a bit but here's a Fireman Sam biography..

David S. Jones was born in London during ‘The Blitz’. Upon leaving school at fifteen with nothing more than a cycling proficiency certificate he tried various jobs. At eighteen he joined the Middlesex Fire Brigade serving three years until eventually leaving for Australia on the ten pound assisted passage scheme.

Returning some years later he joined the Household Cavalry and served in Malaya with the Armoured Reconnaissance Squadron. Back home in the UK after his tour of duty overseas, he became part of the Mounted Ceremonial Squadron, based in Knightsbridge, riding on several prestigious events, including the investiture of Prince Charles at Caernarvon. Upon leaving the Army he worked at various jobs, mostly as a carpenter but also driving trucks.

Eventually he found unlikely employment as a personal bodyguard to an American millionaire, entrepreneur travelling throughout Europe. Upon reaching Portugal he left this employment, (fired) met and married his Portuguese wife. David has four children from that marriage, three living in Portugal and one in the UK.

He later returned to London and joined the London Fire Brigade Service, serving for a further eleven years. It was during this time that he had the idea to develop the children’s character Fireman Sam, now an international success as a children’s TV series. After sustaining a back injury David had to leave the Fire Service. It then became necessary for him to make a living by doing something which did not require physical involvement. This led to him developing his writing skills. Upon his departure from the fire service he returned to his beloved Portugal, eventually building and managing a highly successful bar/restaurant complex in the Algarve. Life then took a sadder path and his marriage failed. Following his divorce and having custody of the children he concentrated on bringing them up until they had flown the nest. This was a dark and difficult period. Once the children had gone he decided to raise some money and live his life to the full. After selling his shares in Fireman Sam he obtained a skippers licence, bought an ocean going sailing boat which he named “Thankusam”, and sailed it from the UK to Portugal and later to North Africa.

He has continued to develop as a writer over the past years, and several of his ideas have been considered for TV and film both in the UK and America. His latest venture ‘Trevelyan’ is the result of a chance re-union with an old Guards colleague who visited him at his Algarve home. His style of writing and ability to develop a good story line makes his work hard to put down. ‘Trevelyan’ is a story which is a compelling read with many twists and turns that keep the reader guessing until the final chapter.

http://www.david-s-jones.com/

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Re: Documented Evidence

Post by roz on 21.12.17 4:45

Madeleine: Is Robert Murat a suspect or a scapegoat?
by DAVID JONES
Last updated at 11:06 02 June 2007
(snipped)


All this sounded plausible enough. His manner was less assured when I asked about the late-night mobile phone call to Sergey Malinka on the night of Madeleine's disappearance - a call he initially denied making, leaving some to suggest that the two men were in league. "I've checked my phone records and I admit they do show I made a call at 11.40pm," he says, lighting another cigarette.
"It lasted 30 seconds, so we must have talked, but I honestly can't remember what about. He was setting up my website, so it was probably that.
"It might seem very late to call someone, but that's how we live here. Afterwards, I phoned my sister. I rarely go to bed before midnight or 1am."
 
PJ files - VOLUME_IVa_Page_1064.jpg
There is no record of Robert M phoning his sister (or anyone) after he made the phone calls to Sergey M and Michaela W towards midnight 3rd May 2007.

His next phone call was to Michaela W at approx. 2pm on Friday 4th.


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Re: Documented Evidence

Post by Verdi on 20.01.18 21:12

A report by Chief Inspector Tavares de Almeida to the Coordinator of the Criminal Investigation


Where he concludes, after analyzing all the evidence gathered, that the child is dead and the parents were responsible for cadaver occultation, and the entire GROUP was lying since the first day of the investigation.

10 September 2007
(Processo: VOL ,X, p. 2587-2602)

MADELEINE BETH MCCANN was born on the 12th of May of 2003.
She is missing (disappeared) since 03 of May of 2007, a fact that occurred in Praia da Luz, Lagos.
She is the daughter of Gerald and Kate McCann and her birth was desired and planned. However it must be referred the difficulty of the mother to get pregnant, from which resulted the necessary treatments and their 'costs'. [I presume he refers more to the emotional and social costs than monetary ones].

She was born after fertilization 'in vitro', but in face of the DNA profile of the minor, she is the daughter of the couple McCann.

It is a scientific fact that the medical treatments to overcome some of the causes for a non-pregnancy raises the probability of, in a normal pregnancy, twins may be born.

In this case we can see that a pregnancy, although desired and planned, turned into a family situation of five instead of three persons. And then, to take care of one child is not the same as taking care of three, all very young.

At around 24h on the 3rd of May of 2007, through a phone connection from the Lagos GNR to this 'piquet', was communicated the disappearance of a minor, a British subject.
We went to the local to proceed to the necessary judiciary inspection.

Before the fact of the disappearance of the minor, the investigation 'designed' the several possible sketches.

From the beginning the parents of the minor attributed the fact (disappearance) to the action of a third party, defending the KIDNAPPING.

Even though it was a possible scenario, the actions of the family were in the sense of conducting into that direction, through the publicity of the fact in a way that was never seen before.
In fact, in the following day, the British televisions 'opened' the news already publicizing the disappearance/kidnapping of the minor.

The defence of this scenario was, for the Media, the truth of the facts under investigation.
Time went by without the confirmation of this scenario by the presence of any of its necessary assumptions. It was never requested any sort of ransom in exchange for information or the child herself.

However and in front of the depositions of one of the friends, Jane Tanner, one could presume to be before such frame.

Meanwhile the diligences continued in order to recover all types of information and always in the perspective of working over all the possible scenarios.

The information recovered, in the beginning, with the family and friends, was uncertain and 'worked up', by the group, in order to give strength to the version presented and defended.
According to the parents and the GROUP, they went for dinner and all of them left the children, sleeping, in their respective apartments.

The elements of the group had a meeting where they agreed on certain rules that sustained the version that they accompanied continuously the children, while they dined.

It is annexed a manuscript of an element of the group that gives consistence to this thesis.
These principles that, in this way, were shared by all the group makes that all the GROUP is always exculpated in the eyes of the British public opinion, making it impossible that any abnormal occurrence that occurred could take more than 30 minutes, once they all agreed to be that the timing they used to look for the children.

The version that someone in the group that every 15 minutes or every 30 minutes went to the apartments to check if everything was alright falls down!

From the declarations of the group results a total incoherence, in the face of which it's obvious, that everyone lies.

We may verify that one of the elements of the group wanting to provide consistency to the group's version, gives it a personal touch: the checking on the children were done in two ways, one just by listening if anyone was crying and in case there was silence than everything was well and the other one, by really checking.

On his turn to verify the children, one of the elements of the group, Mathew, acted on this manner, and he even told Kate that everything was okay but without specifying. Kate remembers this detail.

The truth, however, is that this statements made the investigation to wander, losing time and resources.

It is not admissible (understandable) that this information was given in the beginning and maintained all along the time, in spite of the fact that anyone could verify the losses that it caused to the investigation.

After all this time the version is maintained paired with the public and 'hammered 'statement that what they want the most is 'to help the investigation'.

The investigation had to assume the incorrect information and move forward.

From tsuch the results are that:

' If anyone went to check the children and if everything was alright the disappearance could only have occurred between 21:30h and 22:00h;

' If the information didn't take into account that witness (' ) then the disappearance occurred between 21:00h and 22:00 h, enlarging the period ( assuming the father is telling the truth);

There is however another question about the timing, which is:

' The last time the child was seen outside of the GROUP, by someone that can prove that moment, it was around 17h:35m, when the parents went to fetch her from the Creche, which can enlarge the gap of time, between the disappearance and the alarm, to four hours.

Continuing with the analysis of the information presented, we have an element of the GROUP that became a witness, pretensely important, Jane Tanner, because of what she communicated: she SAW someone at dinner time crossing the road from the place of the disappearance, in the direction of Robert Murat's house.

This information swerved (directed) and mobilized the work of the investigators for a long time. This can be the example how information that is not correct can, not only delay, but could have also lead to the loss of the little girl.

Through the insistence on the information, several scenarios of the disconformities of that with the reality were traced, but it didn't prevent the realization of an intense and long work around that arguido.

We can also verify the discrepancies about the subject on the declarations of Gerald and Jane. How to pass at scarce 2 / 3 meters from each other without seeing one another, they can be positioned in such a reduced space, and between them they cannot see the same person passing by; or rather, one sees but not the other.

Even the local where, assumingly, they crossed each other is not well defined by any of them.

The moment chosen by the witness Jane to make her statement about what she had 'seen' and the explanation for that moment is unreal, that is, it is not easy to accept that any witness (from the group) when seeing someone with a child in the arms getting away from the McCann's place, hadn't immediately acted or spoken, being certain that the description of the person was being consecutively altered, 'perfected'. So, there isn't much credibility on this deposition.

Until now we have been analyzing small distortions in the information initially transmitted, being noticeable 'small' alterations (distortions) of the truth, and relating it with the investigation and with the directions it forced it into.

The investigation didn't follow the command or the will of anyone; the family and Group's information that on this type of crime is fundamental, was always distorted.

The fact that the individuals were foreigners prevented, until now, that direct information about the persons of the GROUP were obtained.

The parents of the minor live in a society, the British, known through the press, as very demanding. The professions of both parents, medicine, completed by the fact that the father is a surgeon, increases this degree of pressure and consequent tiredness.

In a society identified internationally and in the Media as very demanding and with many and tight rules to establish those standards of exigency, it makes it obligatory that people rest; make a professional retreat; take their holidays.

Gerald McCann's profession is a cardiovascular surgeon.

On many moments of his professional career he had to make decisions in thousandths of a second, which gives him certain 'coldness' and, certainly provokes an increased tiredness.

The enjoyment of a period of holidays supposes a rest through non-ordinary practices and freedom and exemption from schedules.

The social life in such a holiday, in the present case, was facilitated by the fact that they travelled as a group.

But that social life may, in a certain way, be touched by the presence and constant needs of accompanying the minors.

This evidence and need was clear in the deliverance of the children by the respective children's centres and creches (according to their ages). The holiday time was not shared between parents and children.

The day, 03 of May of 2007, had gone by, until dinner time, in a natural way according to the adopted style.

After getting the children from the Children's centres and the creche they went to the apartment, little after 17:35h.

But' Kate went running for half an hour at the beach and then went to the apartment and' Gerald went to play tennis.

While the tennis play was taking place another element of the group that had been in touch with Kate, in the apartment, in a period of time that could have taken between 30 seconds, according to Kate, and 30 minutes, according to Gerald.

In thirty seconds we may ask if everything is well and if anything is needed, little more.
In thirty minutes we can go ahead and make something that is needed from us'

They put the minors to bed and to sleep, around 19:30h. They stood at home until 20:30h, going to the Tapas restaurant afterwards. Of the group they were the first to arrive.

Although the entire group was at the table and starting the meal, they began the 'visits' to the children in a way that is neither coherent nor acceptable; that could not be confirmed and only the group defends it, in a sort of 'unique version'.

Although they say in the 'Autos' that their strategic position in the Tapas restaurant allowed them, the McCann, to see the apartment where they'd left their children, minor, sleeping, the exam of the local reveals it is false.

It must be noted, also, that by the stated in the 'Autos' everything points to their position at the table with their back to the apartment.

On that NIGHT, around 22:05h, according to her version, it was Kate that went to the apartment to check the children, coinciding with the end of the dinner, at which she had arrived at 20:30h.
So, she returned to the apartment about one and a half hours later, the time lapse while she didn't see her children.

It took her about 10 minutes. She returned to the restaurant and communicated to the remaining elements the disappearance of her daughter Madeleine.

It must be noted that Kate knew that, going back to the restaurant as she did, she would leave the twins, Amelie and Sean, in the same dangerous situation.

It is not understandable why she didn't use the cell phone to call Gerald or the group or, even simpler, that she didn't go to the balcony from where she could be perfectly heard by the elements of the group.
+++
The authorities, the GNR, were alerted around 22:40h and, he population alerted, started the searches for the minor.

The divulgation of the facts weren't kept within the authorities and the normal channels. On the following day the British and Portuguese TVs were advertising the fact.

The GROUP was together. The search was circumscribed to the interior of the apartment.
Before any search by the authorities at the surroundings the notice about an eventual kidnapping was already running along.

By reasons, they said, of counselling and support the parents asked for the presence of a priest, at around 02:00h/03:00h on the 04 of May.

On the informal depositions they made, during the judiciary inspection made at the local, the information immediately induced the thesis of KIDNAPPING.

Simple things became disinformation: the question of the opened or closed window; the shutter up or down; the balcony door opened' the front door, locked or open.

Despite everything, until a certain time in the investigation the family sustained the thesis of kidnapping. However, in a date that cannot be precise it was suggested to the family that they should consult a person that could, eventually, indicate the probable place where the cadaver of little Madeleine could be found.

This fact became inexplicable to the elements of the investigation once it were the members of the family that raised the hypothesis of death of little Maddie.

Nevertheless, before the Media they kept (and keep) declaring their hope on finding their daughter alive: the first time that the hypothesis of the death of the little girl was raised it was, effectively, suggested by the McCann.

Although maintaining all the lines of the investigation opened it was, nevertheless, decided to advance in the direction of a new inspection to the local where the girl disappeared.
The inspection technique is frequently used in the United Kingdom and consists on the use of dogs especially trained.

As it's natural it is the dog's olfact the 'sense' used. In the case of this 'sense' the difference between the human and the dog is 5 million cells to 200 millions.

It must be highlighted that the resource to this kind of inspection is frequent in the UK and the success rate is 100%.

One of the dogs is trained to detect the odour of cadaver and the other to identify vestiges of human blood.

We refer now that the location of the cadaver odours signifies that physically the body (cadaver) is not on the place, marked by the dog, but certainly it has been there, as long as the dog signals it.

As it can be verified from the 'Autos', in the inquiry, the dogs inspected the locales and objects with the results described below.

All the inspections were recorded in sound and image and were directed by our British colleagues that accompanied the dogs.

Among the great number of objects and locales inspected, the dogs marked the following places:
1. Apartment 5 A, Ocean Club resort, the place from where the child disappeared
1.1. Cadaver odour
* Master bedroom, in a corner, by the wardrobe
* Living room, behind the sofa, by the side window
1.2. Blood dog:
* Living room behind the sofa, close to the lateral window (on the same spot signalled by the cadaver dog);
2. Front garden to the apartment 5A
2.1. Cadaver dog
* Flower bed (the dog handler commented on the 'lightness' of the odor)
3. Apartments where the rest of the group were staying
* NOTHING was detected by the dogs
4. Actual residence of the McCann
* NOTHING was detected on the house by any of the dogs
5. At Aldeia da Luz
* NOTHING was detected by any of the dogs
6. Clothes and belongings of McCann family
6.1. Cadaver dog:
* 2 pieces of clothing of Kate McCann
* One piece of Madeleine McCann
* Madeleine's soft toy
* The odour was detected when the toy was still in the interior of the actual residence of the McCann
* It was confirmed in out of the house conditions
7. Vehicle used by the McCann family
7.1. Cadaver dog:
* Marked the key of the car
* Marked the interior of the booth
7.2. Blood dog
* Marked the car key
* Marked the interior of the booth
8. Car used by a family friend that was staying in the same resort, in some of the same days
* Nothing was detected by any of the dogs
9. All the cars used by the arguido Robert Murat and the people that are close to him
* Nothing was detected by any of the dogs.

(In a total of 10 cars the cadaver dog and the blood dog only marked the car of the McCann family, rented at May 27th)

The places and the pieces marked and signaled by the blood dog are being subjected to forensic exams, part of which are already concluded.

Not less relevant is the refinement of the results that point towards Madeleine's DNA as being present at the apartment 5A behind the sofa, a place marked by the cadaver and the blood dog. In every place marked by the blood dog it was confirmed there was DNA.

The Media enhancement given to the case and their search for information has contributed to an evolution on Madeleine's parents declarations.

All the information that was made public, contributed for the remixing of the story, adapting it to eventual police questions, and to attempts to justify the indicia and consequent proof that was being collected.

Let's see: the media forwarded the hypothesis that the children could have been sedated to be kept asleep and allow some rest to the parents.

Distant in time Kate's father, the grandfather of the minor, Brian Healy, admits to the press that Kate could have administered some medication to the little girl, Calpol, to help the child (children'') to sleep, contrary to what his daughter Kate had stated.

Kate, through the PJ inspector that acted as 'liaison' with the family [NOTE: that is Ricardo Paiva], asked why samples weren't taken from the twins in order to test that hypothesis. She knew well enough at that time, more than 3 months later, that such exam would be inviable.

She went further and said that we ' the investigation ' should verify that the kidnapper had sedated Madeleine, to accomplish the action and he had also sedated the twins 'to consummate the act' however she didn't say that at the right moment.

And we know that the sedatives have timings to act and timings to be expelled, that varies between six and 200 hours.

The medical knowledge of the McCann is enough to know such, even if their professional activity never passed by performing toxicology exams.

When the media informed that blood had been detected 'in the car and in the apartment', Kate and members of her family come to the public with the simple excuse that it had been someone, with access to the apartment, to place the evidence.

Now they even admit it was a member of the criminal investigation to place the 'false' evidence (blood and cadaver odour in the apartment and in the car).

Kate in an attempt to justify the blood went even further, informing that on that occasion, Madeleine had, sometimes, nasal haemorrhages.

On the day that a house search was performed, in the residence of the McCann, on the master bedroom, written papers were found as well as a bible, written in English. It was opened on the pages whose copies are annexed here, with the translation.

KIDNAPPING is a situation with which, unfortunately, in the United Kingdom, most of the public opinion is used to, due to the rate of this kind of crime.

Intelligent people should have a minimum of knowledge that the publicity is harming to the investigation of a kidnapping crime and especially to the safety of the kidnapped person.

They should have waited for the decisions from the police authorities, there is strong evidence that the crime scene was altered, some furniture was moved around.

Those changes are indications of simulation.

On the night of the disappearance of the little girl Madeleine the family was contacted by a lady that identified herself with documents that credited her as somebody that worked with minors in the United Kingdom.

She identified herself with documents/certifications used in the UK, into hospitals and centres for the care of minors. She offered her help in whatever was needed.
No doubt this person could have been of valuable help, even about procedures, but she was dismissed.

From everything that was gathered, the facts point in the direction that the death of Madeleine McCann occurred, on the night of May 3rd of 2007, inside the apartment 5A, of the Ocean Club resort, occupied by the couple McCann and by their three children;

There is a coincidence between the marking of cadaver odour and blood, according to the Laboratory Report (partial) annexed to the 'Autos'.

Such markings, occurred behind the sofa of the living room (cadaver and blood odour/DNA), which proves that indubitably such piece of furniture was pushed back by someone, after the death of Madeleine McCann occurred. Because of the weak (small) vestiges recovered at such place, it is to admit as a strong hypothesis that the same was subjected to a wash, at the time the death occurred.

In the same way, the soft toy used by the dead child, found at the head of the bed where she usually slept (see photos about the initial forensics) reveals that someone put it there in a moment posterior to the death, once the bed doesn't have cadaver odour. This is, there occurred an intentional modification in order to simulate a 'picture' that doesn't correspond with the reality;

It must be added that the cadaver odour signalled a strong odour in the bedroom where the McCann slept, which can indicate the moving of the corpse from the actual death scene (living room) to the non visible part of the bedroom;

Furthermore a strong reaction for cadaver odour was made on Kate's clothes, which can indicate that she was in touch with the cadaver;

There was also a strong reaction of cadaver odour in the car used by the McCann (since May 27th 2007), which in conjugation with the blood dog and the forensics present in the 'Autos', that indicate the presence of Madeleine McCann's DNA in the booth of the car, are in order not to exclude a strong hypothesis that this car may have been used to transport the cadaver, 24 days after the death;

It can't also be neglected the indication of the cadaver and blood dog, on the car key, having the laboratory confirmed the existence of Gerald McCann's DNA. This last signalling was obtained by the dogs after the key was put far away from the car and in a place not visible.

From everything that was exposed from the AUTOS, we conclude that:
A) The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007;

B) It was performed a simulation of kidnapping;

C) In order to avoid the death [alarm] of the minor before 22H00, it was created a situation of the children's surveillance by the McCann while the children slept;

D) Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann;

E) At this moment, there seems that there aren't strong indicia that the death of the minor didn't happen due to a tragic accident;

F) From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred.

So we suggest that the 'Autos' be sent to the EX.mo Sr. Procurador Geral da R'ublica [General Attorney], in order to:

G) New interrogation of the Arguidos Kate and Gerry McCann;
H) Evaluation of the measure of restraint to be applied in this case;

On the course of the house search to the residence of the McCann, a manuscript was found, a sort of diary, already photocopied, possibly authored by Kate McCann, and admitting that the same may contain elements that may help to reach the material truth of the facts, WE PROPOSE THAT:

I) The photocopies of such document to be presented to the M.Mo Judge regarding its apprehension, if legal, translation and eventual recovery of elements to bring into the 'Autos' for future investigation.
CONCLUSION

On the tenth of September, two thousand and seven

Chief Inspector

(Tavares de Almeida

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Re: Documented Evidence

Post by Verdi on 20.01.18 21:15

2604 to 2608 - Additional analysis by Chief Inspector Tavares de Almeida

Dated 3 September 2007.

The police work in the course of an investigation is oriented to the inspection of the place where the crime occurred, and to the recovery of clues, trace evidence and information - documentary and spoken [obtained from people].

The constant analysis of those factors, crossing/joining science with the other things collected that evolve into the reconstruction of the event.

It falls to the investigation to determine the causes and circumstances in/under which the event occurred.

During the present investigation, in accordance with the premise(s) succinctly enumerated, the recovery of items has delineated the investigation.

During the investigation the official case file papers included notice of situations that had been investigated, considering that they could have driven the case to a conclusion.

We are not faced with changes to the objective of the investigation. The end [aim] is always the same, the discovery of the truth.

There remains, still, part of the investigation that explores all the legalities, to answer all the doubts that can be found.

In this way, recently, two dogs, unique in the world, were used.
One of the dogs detects the odour of a cadaver and the other detects the odour of human blood.
Recourse to [In using] these dogs one had to consider the information gathered by scientific means [methods] which confirm the olfactory capacity of dogs being 200 million detector cells, compared with 5 million in humans, also having to consider the training factor.

The use of those dogs, for official record purposes, was recorded on video - image and sound. The work in which the dogs were used included:
- in the apartment 5A that was used by the family at the date of the events;
- in the apartments that were used by of the rest of the group of friends at the date of the events;
- in the residence presently being used by the family;
- in the vehicle used by the family;
- the clothing of the family;
- in the vehicles used by arguido Robert Murat and those used by persons familiar with him [family, friends and associates];
- in the residence and garden of arguido Robert Murat;
- in diverse areas in and around Praia da Luz.

This work resulted in 'alerts' by both dogs:
- cadaver odour [was alerted to]:
* in the lounge, next to one of the windows, of apartment 5A;
* in the current residence of the family, a soft toy of the girl Madeleine;
* on various pieces of clothing;
* on the key of the car used by the family;

- blood odour;
* in the lounge, next to one of the windows, of apartment 5A (the same place
alerted to by the other dog;
* on the key of the key used by the family;
* inside the boot area of the car used by the family.

Before [in front of/faced with] these facts authorised collections were undertaken and the 'pieces' were subjected to laboratory examination, in a manner to confirm the existence of trace evidence and to proceed with its consequent analysis.

***

In following this investigation path it is, absolutely, necessary to proceed with other work, especially to perform a canine inspection of the clothing of members of the group of friends.

Already all of these people are [back] in the UK, carrying on their normal life.
If it is true that, initially, they accompanied the McCann couple, the truth is that presently they show signs of "already they have been [become] sufficiently weary [tired/bored/annoyed] with the situation".

On the other side [hand] there is the necessity to perform work that allows us to know [find out] (!!!) objectively [in an objective way/manner] who is the person Madeleine Beth McCann, which, truthfully, can only be done in the place she lives: - the home and the school.

It is known that the educators / teachers / nannies / domestic employees know the children, another facet [feature/angle] that refers [ alludes] to the side of life in the absence of the parents, when they [the children] are in their 'social' circle with other children of their own age, with the same interests, crucial moments in the formation of the personality, of the person.

***

From the perspective of the investigation, heedful of the items gathered up to now, we are in a situation in which the death of Madeleine Beth McCann occurred on 3 May 2007, inside apartment 5A of the Ocean Club resort in the town of Luz, Lagos.
The work done by the dog team, in Portugal, brought conviction of this slope [ angle] / proposition [ theory] of the investigation, not that it had been ignored previously, but because they [the dogs] could have determined the place where clues / trace evidence could be recovered that could be, scientifically, proven.

To be certain of/in this angle of the investigation, we had to be in the presence of a death whose circumstances had to be determined, there having been a fan [spread, range] of hypotheses [possibilities] in which such [death] may have occurred, through accident, negligence or crime of homicide.

In this way, defining all the circumstantial-ism [taking into account all the circumstances and all the circumstantial evidence], we may be, still [ yet], in the presence of other delictual practices, whose punishment is foreseen [prescribed] in the penal law, such as the hiding [concealment] of a body and the simulation of crime.

The circumstances of relative isolation, they having found themselves outside [away from] 'their' space / natural habitat, in a foreign country, conditions the behaviour of the group, rapidly turning it [the group] into, possible, perpetrators of / accomplices in the event that occurred.

***

Therefore I venture to suggest to you, Sir, that it should be raised for the consideration of the Prosecutor named in the Inquiry, the preparation of two rogatory letters to the British authorities, with anticipated fulfilment, to know [find out]:

1. Considering the manifest will [desire/intention/decision] of non-cooperation with the judicial authorities and police, disputing that they have already done and said everything, it is asked that:
1.1 there be authorised inspection by the dogs of the clothing used by the group of friends of the McCann family, that were in Portugal when the event occurred;
1.2 in the face of the results obtained through the police work if one may inquire of [question] people that are shown necessary and useful to the investigation;
1.3 inspections by dogs be recorded in sound and images [video-taped];
1.4 the same team be nominated for the work as performed the same type of work in Portugal;
1.5 it be determined [ permitted] the seizure of anything that, in the understanding of the investigation, shows itself to be useful for the discovery of the truth or is in any way of interest as material proof [evidence] or should be subjected to laboratory, or other, examination.

2. for the discovery of the truth it is the opinion of the investigation, due to the lack of knowledge about you, your lives and social standing, that:
2.1 entrance to the McCann residence be authorised;
2.2 where shown necessary and being in the interests of the investigation, the taking of pictures of the interior, in any room/building, be authorised;
2.3 it be determined [permitted] the seizure of anything that, in the understanding of the investigation, shows itself to be useful for the discovery of the truth or is in any way of interest as material proof [evidence] or should be subjected to laboratory, or other, examination;
2.4 in the interest of better understanding the personality and affections of the young girl Madeleine, questioning proceeds of:
2.4.1 the teacher of the school that the girl attended;
2.4.2 other persons / teachers with she kept company, in instruction or after-school / extra curricular activities;
2.4.3 the person/people employed in/at the McCann residence;
2.4.4 other persons, non-family, who may be identified and whose association [experience] with the girl Madeleine may contribute to the above objectives.

I submit the above to you, Sir, ...

Inspector Tavares de Almeida

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Re: Documented Evidence

Post by Verdi on 17.02.18 21:49

Mark Harrison's report - 23rd July 2007 [snipped]

Initial Action
On Friday 20.07.2007 a request was made by the Portuguese Judicial Police to the NPIA for search advisory assistance. As a result of this the following terms of reference were produced.

Terms of reference to provide assistance to the Portuguese Judicial Police.

1. Assist the Judicial Police and GNR in assessing new or previous areas searched and give opinion on the best methods and assets to provide assurance as to the absence or presence of M McCann's concealed remains.

2. Act as a "critical friend" to the officer in charge of search planning and management and offer immediate and enduring peer review until case resolution or search suspension.

3. Assist in the development of framework models such as scenario based searching to aid homicide disposal searching.

4. Consider further opportunities or areas for search in order to locate M McCann as applicable to the latest intelligence and information provided.
5. Where appropriate, provide independent and impartial advice on the enabling and disabling factors of specialist resources available either within Portugal or elsewhere in body detection.

6. To assist in decision support where requested by testing and challenging claims made by persons offering unorthodox search methods or devices to aid locating M McCann.

7. Where appropriate and requested, assist in advising on procedures to procure any non Portuguese specialist assets that are deemed to be relevant and useful.
----------

This report considers solely the possibility that Madeleine McCann has been murdered and her body is concealed within the areas previously searched by Police in Zone 1 around Praia Da Luz. Other scenarios or possibilities may on request be considered and be subject of a further report.

I also make comment on the recent claims made by a Mr Krugel as to the whereabouts of the missing child.
----------

Mark Warner Creche at Praia Da Luz.

This is the location of the last confirmed sighting by a person independent of family members of Madeleine McCann. Although this location was within the original search area it may well benefit from a further search using enhanced detecting methods for human remains. This will depend on the size of any outside grounds and concealed areas inside the building.

McCann's Apartment.


The apartment in which the McCann's had stayed may present further opportunities to search. The use of a specialist EVRD (Enhanced Victim
Recovery Dog) and CSI dog (human blood detecting dog) could potentially indicate on whether Madeline's blood is in the property or the scent of a dead body is present. In relation to the dead body scent if such a scent is indicated by the EVRD and no body is located it may suggest that a body has been in the property but removed. This search process could be repeated in all the apartments that were occupied by the friends holidaying with the McCann's.

Murat's House and Garden.


The property has been forensically examined to recover any surface trace evidence however the house and gardens may benefit from a fully invasive specialist search to preclude the presence of Madeleine McCann.

A method previously employed on similar cases has been to use the below assets.

Deploy the EVRD to search the house and garden to ensure Madeleine McCann's remains are not present. The dog may also indicate if a body has been stored in the recent past and then moved off the property, though this is not evidential merely intelligence.

Deploy the CSI dog to search the house to locate any human blood.

This will act in support of the forensic examination already completed.

An inhibiting factor will be on areas where Luminol has been used.

[Note: Luminol was used initially by the PJ forensic team]
----------

Mark Harrison was called in as an expert to complement the PJ investigation. He recommended using specialist dogs to search specific areas to support the PJ forensic examination. The evidence harvested as a result of site inspection by the specialist dogs Eddie and Keela, was sent to the UK's now defunct Forensic Science Service through the auspices of Leicestershire Constabulary and it's case coordinator Stuart 'call me Stu' Prior.

There ends the forensic pawprint and effectively there ended the only legitimate official investigation into the disappearance of Madeleine McCann.

Where is that red flag when it's needed?

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Re: Documented Evidence

Post by Verdi on 13.03.18 12:13

13-Processos Vol XIII Pages 3491 to 3516
also Outros Apensos III Volume I Pages 20 to 53
TRANSLATIONS BY INES
13_VOLUME_XIIIa_Page_3491
13_VOLUME_XIIIa_Page_3492
13_VOLUME_XIIIa_Page_3493
13_VOLUME_XIIIa_Page_3494
13_VOLUME_XIIIa_Page_3495
13_VOLUME_XIIIa_Page_3496
13_VOLUME_XIIIa_Page_3497
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13_VOLUME_XIIIa_Page_3499
13_VOLUME_XIIIa_Page_3500
13_VOLUME_XIIIa_Page_3501
13_VOLUME_XIIIa_Page_3502
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13_VOLUME_XIIIa_Page_3504
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13_VOLUME_XIIIa_Page_3506
13_VOLUME_XIIIa_Page_3507
13_VOLUME_XIIIa_Page_3508
13_VOLUME_XIIIa_Page_3509
13_VOLUME_XIIIa_Page_3510
13_VOLUME_XIIIa_Page_3511
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13_VOLUME_XIIIa_Page_3514
13_VOLUME_XIIIa_Page_3515
13_VOLUME_XIIIa_Page_3516
 Processos Vol XIII

Pages 3491 - 3505


From the GNR

To: The Coordinator of the Criminal Investigation

Portimao 3rd December 2007


Subject: Despatch of Report on the Searches carried out in
P da L


In accordance with your request mentioned above, we are sending the report on the searches carried out in P da L under the coordination of the GNR, with regard to the disappearance of Madeleine McCann.

With compliments.


Group Commander

Antonio Dias de Matos

Major



REPORT


Subject: Searches carried out in relation to the disappearance of Madeleine McCann.

I Situation.


1. On 3rd May at about 22.40 the Lagos GNR post was contacted by telephone and informed about the disappearance of an English girl, Madeleine McCann, aged 3, who was on holiday with her family at the OC, Block 5, apartment 5A, P da L, Lagos.


2. This situation immediately led to the deployment to P da L of members of the GNR emergency patrol, consisting of officers José Maria Batista Roque and Neslon Filipe Pacheco da Costa, who, at the moment the communication was received, were in the Odeaxere area and who immediately left for the OC, where they arrived at 23.00, with the aim of finding out about the situation.

3. The patrol found the situation to be somewhat strange as the way the child had disappeared was not clear as she had been sleeping inside the apartment with the twins, whilst her parents were out dining 50 metres away in the same resort, and therefore the officers contacted the GNR post commander at 23.17, to tell him that the parents were holding the hypothesis that the child had been abducted.

4. The commander of the Lagos post, Sargeant Antonio Henrique Conceicao Duarte immediately left for the site the girl had disappeared from, telling the officers to preserve the apartment, and arrived at 23.50 at the OC, where he was informed about the situation together with the patrol officers and where he saw that searches had already taken place, carried out by the girl's father and locals, but without any results.

5. On 4th May at 00.12 the Post Commander ordered that the GNR Post should contact the PJ in order to inform them of the events, considering that this could be a crime that was of their competence for investigation, also concluding that more means were needed at the scene to carry out searches to find the girl.

6. At 00.40, given the complexity of the situation that seemed to surround the disappearance, the GNR post commander requested reinforcements from two sniffer dog teams from the Portimao territorial group to help in the searches, considering the possibility that the girl could have left the apartment on foot and could be somewhere not very far from the OC resort.

7. At 01.00 after the group commander had been briefed about the situation, telephone contact was made with an official from the Queluz GNR school, with the aim of their releasing search and rescue dog teams, seeing as these are specially trained to find missing persons, which is not the case with the Portimao sniffer dogs, which are essentially patrol dogs.

II Development of Action

1. On 4th May, after having evaluated the situation surrounding the disappearance, the Lagos Post Commander ordered searches for the child to take place and contacted officers who were at home, forming a force of nine officers who searched during the night and early morning.

2. At 02.00 they arrived at P da L and began searching with the Portimao sniffer dog teams, the terrain searches were extended until the morning with the dogs and officers on the scene, as well as the night guard and local people who volunteered to help in the searches that took place throughout the night.

3. During this nocturnal period, the searches took place along the entire perimeter of the OC, in the urban area, plots of land and the nearest buildings, the officers searching all the place where there was a possibility the child might be, this area being extended later to include all of the beach zone.

4. At 08.00 three officers with 4 search and rescue dogs from Queluz arrived at the scene, these dogs immediately began to operate.

5. During the searches that began again on 4th May in the morning, 9 officers from the Lagos post were used as well as officers from the Rapid Intervention Force, who were sent to the beach to collaborate in the searches talking place there, and who were occupied in this task for the rest of the day.

6. At 11.00 the Commander of the Portimao Post went to the beach, having noted the concrete situation in which the disappearance had occurred, namely the fact that more than 12 hours had passed, without any positive sign from the searches that had taken place, felt it was urgent that the action commander should appear on the scene and he named the head of the Criminal Investigation Section, Major Sequiera as the Operation Commander, the latter arriving at the scene at about 15.00 on 4th May.

7. With the aim of organising more extended searches of the terrain, a meeting was organised at about 15.00 with all the civil protection competent entities, namely the President of the Lagos Municipal Chamber, the President of the Luz parish, the maritime authority and the district commander of search operations with the aim of their collaboration in the actions to be taken, the GNR being responsible for the coordination of the land searches and the Maritime authority would initiate specific searches within its area of competence.
8. It was understood that everything was prepared by these entities in the operation of searches that were designated for the area and great advantage would be gained from the knowledge of the terrain of the persons that would be used.

9. The CDOS was asked about the viability of using the SNBPC helicopter during the searches that would take place in the afternoon and it was defined that the helicopter would be used in the searches and would be in P da L at about 16.00.

10. Lines of action were established, from the organisation of the searches to be carried out and the definition of areas, according to their priority, using the different means considered adequate, by officers from the different security forces, by firemen and by civil protection officers.

11. At 16.00 searches using the helicopter were initiated, the helicopter was used for 90 minutes, covering the entire area from the coast line to the EN 125, between the limits of Atalaia and Ponta da Cama da Vaca, this being the limit of the area considered probable for the child to be found, according to the hypothesis that she had left the apartment where she was staying on foot.

12. During the helicopter search, the area previously referred to was covered, in phases, running from north to South, this method is quite efficient in open areas, where something that does not fit with the scenario being examined is easily identifiable, however in the areas being searched, given the quantity of buildings and garden areas present as well as the vegetation composed essentially of small and medium sized shrubs, the detection of a child is difficult, given her small size, whether she is immobile or has fallen in a position that does not reveal her physical contours or covered by vegetation.
13. Simultaneously the searches for the child continued, by means of the officers referred to previously, in all the areas surrounding the beach, and many local people were seen, who were looking for the child on their own initiative.

14. At 20.00 a new meeting was held with the entities involved, in the sense of making an evaluation of how the searches had been carried out up to that moment and given the absence of results, it was decided to continue them for the next days or until some result was achieved.

15. On the part of the GNR, as responsible organisation, not just for the searches on the ground, but also for the security of the perimeter surrounding the apartment the child disappeared from, it was agreed to maintain a force headed by an officer, considering that on the scene there was a concentrated number of national and foreign press teams and the site had also become a meeting point for people going through information about the case which needed to be gathered and passed on to the police.

16. Considering that the searches that had taken place with the help of the helicopter had not yielded any results, it was agreed to reinforce and extend the foot searches and reinforcement from the search and rescue dog team was requested, which arrived at P da L at 23.00 with 3 more sniffer teams for a total of six officers and eight specialised dogs.

17. During the nocturnal period, field searches were reduced, given the lack of visibility, searches were made by EPG officers with the search and rescue dogs which concentrated particularly on the urban area of P da L.

18. The commander of the Portimao Prosecutor Division, which provided the officers for the nocturnal period was asked for the search operation order, which took place, the officers of that search force being organised by attributing them an area, next to the coastline, surrounding P da L, based upon the knowledge these officers had of the area.

19. In the nocturnal period and for the duration of the search phase, officers from the Criminal Investigation Nucleus remained on the ground who made the first exploration of diverse information that emerged, which was then channelled to the PJ, these officers also covered the locations closest to P da L, working in a certain way as operation reserve command during that period.

20. During this phase, during the nocturnal period, sniffer teams from the Portimao Territorial Group that were directed essentially to carry out patrols and searches in the urban area of P da L.
21. Indications were given to the Commander of the Albufeira Traffic Division to send available patrol teams to the Lagos area with the aim of carrying out a reinforcement of circulation control from the A22 and EN125, with the aim of guaranteeing greater intensity of patrols and STOP actions on the access roads to the Algarve, under the responsibility of police officers from that unit.

22. On 5th May at 08.00 the second day of searching began and given the absence of results from the previous day, a first systemised search area was established, including the entire area south of the EN 125, Quatro Estradas/Atalaia and Almadena/Burgau being the limits, with an approximate area of 16 km2, which had already been covered on 4th May by the CDOS helicopter between 16.00 and 17.30 and by officers and members of other entities that collaborated in the searches.

23. This area, considered to be the close perimeter of the site of disappearance, was divided into 17 sectors, the search responsibility was given to the different teams that had been established for this purpose, during the morning and afternoon. The insistence upon searches in this close perimeter was justified by its being the most probable area where the girl would be found, still working on the basis of the theory that she could have the left the apartment where she was staying on foot.

24. Working from this perspective, the probability was that she would have walked south in the direction of Rua Francisco Gentil Martins, because of the fact that it was an area that she had passes several times on the way to the beach, because it was the zone with the best illumination and because the road sloped downwards. The probability of her having taken the route towards Rua Agostinho da Silva, either to the right or to the left, was considered to be relatively reduced, because of the fact that this area was darker and that the ground layout presents an ascending direction. In these theories, it was considered to be a remote probability that the girl would have walked north to the Rua 1 de Maio and the EN 537-1 that links P da L to the EN 125 (Espiche crossing), considering that she would have done this over 1.2 km and where there would have been a greater degree of certainty that she would have been seen by motorists travelling on the road in either direction, the latter never having been reported.

25. On 5th May, those directly involved in the operations that took place in P da L and the surrounding area were 6 officers from the EPG sniffer team (search and rescue team), all available officers from the Lagos territorial post (about 20 officers), reinforcements from the Portimao Territorial Division (10 officers), reinforcements from the Silves Territorial Division (10 officers), from Albufeira (10 officers), from the Portimao Command Group (15 officers - FIR and IC), from the Faro TG (4 officers), GIPS (6 officers), from the Portimao Prosecutors Division (5 officers) a number of Guarda officers who were maintained for the rest of the search days.

26. It is be to be noted that the Commander of the Lagos Territorial Post, given the seriousness of the situation, cancelled the leave of officers from the post for seven days following the girl's disappearance, considering that it was necessary to have officers with knowledge of the area, not only for the search teams but also for the security of the Operation Command and the apartment the girl had disappeared from.

27. Others who took part in the searches were officers from the Lagos Public Security Police, the Maritime Police within their area of responsibility (maritime public domain), officers from Municipal Civil Protection, volunteer firemen from Lagos and from the Portuguese Red Cross.
28. Six officers from the Algarve Canine Rescue team (ECRA) - a legally constituted association - joined in the searches by volunteering their help at the P da L Operations Post.

29. Each search team always had an officer responsible for contact with the Lagos GNR Territorial Post, this officer would be attributed the area that the team would search and would give a photocopy of the marked area to each of the officers showing the indications about the technical manner the searches should adopt, with the formation of search lines, there had to be a visual over view of the limits of each officer's area and they were told to observe all accessible sites, where it could be possible to hide a girl or a body and the residents should be asked whether they had any useful information.

30. At the end of each search period, the individuals responsible for each group, whether they were officers or civilians, would present themselves at the Command Post, with the purpose of reporting the way in which the searches had been carried out, whether the whole of the attributed area had been searched and if any pertinent information had been gathered.

31. An organised group of volunteers, mainly English residents from the area, were also integrated into the searches, who also had a Command Post contact member, this group was attributed sectors that had been previously searched by GNR officers.

32. At 11.00 a meeting took place in the Portimao DIC installations, attended by the Directors and coordinators from the PJ, the Group Commander and the officer whose signature appears below, in their capacity as responsible officers for the ground searches. The Guarda referred to the way the searches had been carried out, the feasibility of implementing STOP actions on the roads to Luz was discussed, the PJ not having any objection, considering that it could be useful to the investigation.

33. On this day, apart from the actions implemented by the Traffic Brigade on the furthest roads, STOP operations were carried out on the EN 125, in a discontinuous manner, to control the access routes to P da L and surrounding areas, with the aim of creating instability, given the possibility that the girl had been taken by someone within this perimeter and was aiming to take her from the area. With the help of patrols from the PTR, Aljezur and Odeceixe, STOP actions were also carried out on the EN 120, considering it to be a regional penetration road to the area of Costa Vicentina.

34. The Lagos Security Police also carried out a random control of vehicles, using the STOP actions especially at the EN 125 roundabout that gives access to the A22, these actions were continued over several days.

35. On 6th May at 08.00 the third day of searches began, continuing to make efforts in different sectors of the close perimeter, considering that this is an area with a high number of houses, that it was important to go through this area again, with the aim of contacting their owners, collecting information that could be useful in locating the missing girl. Effort was made that the teams did not repeat sectors they had searched previously, given that people have the tendency to search in the same way, thereby minimising situations of error in the execution of searches in the different sectors of this close perimeter.

36. On this day a second level of searching was begun, with them being extended to an intermediary perimeter, in a semi circle with the eastern limit in Lagos/ EN 120/ Bensafrim/ Barao de Sao Joao / Barao de Sao Miguel and Boca do Rio as the western limit, covering an are of almost 75 km2, divided in 17 sectors with a wider net than the area of the close perimeter, a mixture of searches was carried out in this area, using foot and motorised teams, especially the use of motorcycles, depending on the topography of the terrain. The need to extend the perimeter of the searches was due to the fact that no sign of the girl had been found during the previous two days in the areas that had been searched and from the third day the theory that the girl might have been taken by someone was considered and, in the face of this hypothesis, the search operation was given a new scenario, becoming the search for a girl 'alive or dead' (the second possibility being the most probable) who had been left somewhere by an abductor.

37. In the hypothesis that the girl had been taken by someone and taking into account the time that had passed before the Guarda was alerted, it would be possible that she had been transported to a distance quite far away, further than any of the search perimeters, however the lack of any information about what really could have happened, makes it necessary that the decision about how to direct the searches, should be based only on the typology of the crime eventually in question and on the profile of the aggressor of this kind of crime, who would normally leave the victim in a place not very far from where she had been taken and who would in most cases bury the child. Within the theory, searches were made using an all terrain vehicle of the area composed of the Mata Nacional do Barao de S. Joao.

38. On this day, 6th May, the same number of Guarda officers was deployed as on the previous day and was reinforced by 16 officers from the Evora Territorial Brigade who replaced officers from the Faro Territorial Post, the latter being used in STOP operations on the main access roads to Lagos. The remaining entities and search groups used the day before were maintained with the exception of the Red Cross which only participated on 5th May.

39. During the nocturnal period, as on the previous nights, about 18 officers were deployed, guaranteeing the functioning of the Control Post, security and the preservation of the site the child had disappeared from, the control of surrounding areas and the closest localities was continued, searching for suspicious movements, whether by people or vehicles, mainly using officers from the Criminal Investigation Nucleus.

40. On 7th May at 08.00 the fourth day of searching began, at that time there was no sign or positive result and so sectors of the perimeter continued to be searched, new examinations of the close perimeter were carried out by new teams and searches of the intermediate perimeter were continued, the means used being similar to those of the previous days.

41. On this day the perimeter of the searches was extended to Lagos in the north and to Vila do Bispo in the east, for an are of about 250 km2, these searches being carried out almost entirely with the use of vehicles, given the topography of the terrain and the vegetation, this was called the distant perimeter, with an average radius of 15 km from P da L, being divided in 14 search areas.

42. The same activity carried out on the previous nights took place, namely the deployment of officers from the criminal investigation nucleus, controlling any eventual suspicious movements in the areas surrounding P da L.

43. On the 8th May at 08.00 the fifth day of searching began, maintaining the theories of the previous days, in other words the lack of existence of any information to direct the searches to any specific area and searches were continued within the three perimeters with the same number of officers.

44. On this day the search operation was joined by forest fire fighting officers from the Terras do Infante Association, using three all terrain vehicles, who carried out searches using their own means in forest and rough terrain areas of the distant perimeter, using their exhaustive knowledge of these areas gleaned from their daily activities of preventing forest fires.

45. Given the number of days that had passed since the disappearance of Madeleine McCann it was considered appropriate to request help from the Lagos Voluntary Firemen who took part in the operations, and on this day carried out searches as the Bravura dam, situated to the north of Odeaxere, using their aquatic equipment, considering that a body that has fallen or been thrown into water tends to surface after 72 hours, this team searched all the branches of the dam using an outboard motor and found nothing suspicious.

46. Officers from the Lagos Aeroclub offered their help in flying over the search areas with the aim of collaborating in the ongoing operations, their offer was accepted by the Operations Commander and they were instructed to fly over the Intermediate perimeter, they used 4 ultra light planes, flying at low height and in a line formation, but found no information to report.

47. On 9th May at 08.00 the sixth day of searching began, continuing with the search sequences of the previous days using teams of officers from the different entities that had participated in the operation, searching in the three perimeters that had been defined, at this stage all the sectors had been covered at least once by different teams, using all terrain vehicles in the distant perimeter, motorcycles in the intermediate perimeter and foot and horse teams in the close and intermediate perimeters, as well as air searches, without any sign of the girl being found.

48. Given the status of the searches, the officer undersigned, as Operation Commander proposed to the Portimao Territorial Group Commander that the searches of the area should be concluded, considering that the efforts made until then, with an elevated number of human resources used had allowed for the searching of a vast area, especially due to actions of the search and rescue sniffer teams, which with a great physical and spirited skill, with the help of technical capacity, consolidated by years of accumulated experience in multiple scenarios, searched vast areas without detecting any sign leading to the girl's location.

49. On10th May at 08.00 the seventh day of searching began, different actions took place in the sequence of the previous days' searches, without yielding any positive results and at the end of the afternoon the searches were concluded and the participation of the entities that had carried out activities under the coordination of the Guarda was dispensed with, from that date onwards the Guarda only guaranteed the security and the preservation of the area surrounding the apartment the girl had disappeared from.

50. The search and rescue sniffer teams continued to carry out searches - as can be seen from the report in Annex B - until 18th May when they returned to the Queluz post.
 
III Conclusion

1. In parallel to the investigations carried out by the PJ and in strict collaboration with this entity, the GNR coordinated all the searches carried out in the areas surrounding the resort the girl disappeared from, gradually increasing the search perimeters, extending them to a radius of 15 km from P da L from 4th to 10th May.


2. Searches carried out in the Maritime Public Domain were the responsibility of the Maritime Authorities, who carried them out within the scope of their knowledge, technical experience and using their own means.


3. Given the operational scenario and taking into account the deployment of officers and the areas searched, at the end of the seventh day of operations it was decided that all possibility of finding the girl by means of searches of the area had been exhausted, no sign or information relevant to the investigation having been found.


4. Taking into account that during the searches carried out, care was taken to minimise the hypothesis of error, with the division of the area into sectors and searches undertaken by different teams, it is considered that if there is any possibility that the girl should be found in areas searched, her eventual location would lead to action from the ongoing criminal investigation.
Annexes

Annex A. Map showing Deployment of Officers and Teams.

Annex B. Report on the Sniffer Dog Search and Rescue Team

Annex C. Military letter with search area limits.


Portimao, 30th November 2007

Operation Commander

Luis Manuel Goncalves Sequeira

Major

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Re: Documented Evidence

Post by Verdi on 13.03.18 12:15

13-Processos Vol XIII Pages 3517
13_VOLUME_XIIIa_Page_3517
13_VOLUME_XIIIa_Page_3518
13_VOLUME_XIIIa_Page_3519
13_VOLUME_XIIIa_Page_3520
13_VOLUME_XIIIa_Page_3521
13_VOLUME_XIIIa_Page_3522
13_VOLUME_XIIIa_Page_3523
13_VOLUME_XIIIa_Page_3524
GNR Report

Subject: Report of Searches Related to the Disappearance of Madeleine McCann


Annex B. Report on the Sniffer Dog Search and Rescue Team


1. Methods used

The sniffer dog search and rescue team of the GNR was sent to Vila da Luz in the attempt of locating Madeleine McCann, aged four, of British nationality, who disappeared on the night of 3rd May, from apartment 5 A, Block 5 of the OC resort, the team was composed as follows:


Sargeant Silva - Dog: Timmy
Officer Cortez - Dog: Sacha
Officer Sousa - Dog: Kolly/Cookie
Officer Rosa - Dog: Oscar
Officer Martins - Dog: Fusco
Officer Fernandes - Dog: Rex/ Zarus


II Description

After arriving at the scene, the first three members of the team, the officers gathered some information from the girl's parents about the places they tended to frequent with the children during their stay in P da L up until now, the parents replied that the only areas that their daughter would frequent since their arrival, was Praia da Luz beach, always accompanied by babysitters and resort pool area, where there was also a playground.

After this, at about 08.00 the three search and rescue sniffer dog teams (Silva with Timmy, Cortez with Sacha and Sousa with Kolly and Cookie) who had arrived at the site, began searching, leaving the resort in the direction of the beach.

During the entire morning, searches were made of the beach and rocks, from Rocha Negra to the area of Ponta da Gaviota (an approximate area of 2 km). During the morning searches were also made of the areas surrounding Praia da Luz, with a radius of about 300 metres, as well as some abandoned houses, wells and plots of land inside P da L.

After an evaluation of the situation in the field, it was decided to request two more search and rescue sniffer dogs from the GNR Queluz station, given the extent of the terrain to be searched, whilst the hypothesis that the girl could have left the apartment on foot was not discarded.

During the afternoon of 4th May, more searches were carried out around Vila da Luz and were extended to a radius of approximately 600 metres, including the surroundings of the EN125 in the stretch closed to P da L.

At about 23.00 the extra teams that had been requested for reinforcement arrived (Officer Rosa with Oscar and Officer Martins with Fusco, both from the search and rescue unit and Officer Fernandes with Rex and Zarus from the tracking team).

After the officers had been updated about facts relating to the disappearance, they tried to reconstruct the route the girl might have taken with the two tracker dogs. For this purpose the dogs were given a blanket to sniff, provided by the parents, which had been used by Madeleine.

Beginning to follow the track using Rex, from the door of apartment 5 A (the place where the girl had been sleeping) he would always head in the direction of Block 4, leaving block 5 the dog would turn to the left, pass by a metal access door to a path existing between the apartments blocks to the leisure area (restaurant, pool and playground). Immediately another attempt at reconstruction was made using the dog Zarus, who, in general terms, ended up following the same route as Rex and having the same behaviour.

It is important to state that this tracking work was carried out in an urban area and more than 24 hours after the girl's disappearance and numerous persons had passed along the path the dogs were tracking. It should also be stated that the path the dogs followed within the resort was practically totally surrounded by walls and the concentration of odours was stronger as they were protected from the wind. The searches finished at about 01.30

On 5th May at about 08.00 after a briefing, two teams consisting of 3 dogs each accompanied by officers from Portimao, again carried out searches in the whole of the Vila da Luz area, with an approximate radius of 2 kilometres, paying special attention to the rocky areas, abandoned houses, wells, drains, road verges etc..including plots of land within P da L.

During part of the afternoon, searches were carried out in the Turiscampo camping site situated next to Espiche on the EN125 and in the Orbitur camping site next to Vila da Luz. This search operation had the objective of checking all the bungalows whose occupants had left on the day of the disappearance or on the following day as well as the adjacent areas.

During the day the searches were extended using the method of searching in file, accompanied by officers from Portimao, from the P da L area following the rocks up to Ponta da Cama da Vaca, taking in all of the northern zone to the EN125 as well as the village of Almadena, the Vale Verde zone and Quatro Estradas, some of the areas had already been searched more than once.

At about 22.00 all the vehicles parked in Vila da Luz parking spaced were checked.

On 6th May at about 08.00 and after another briefing from the Operational Command Post, it was decided that on that day they would again search all the plots of land with thick undergrowth within P da L, but that this time the search sections were divided amongst the teams. For this purpose the same teams of three dogs together with officers from Portimao who had been selected to help using the method of searching in file, carried out searches in all abandoned buildings, wells, rocks, verges of the EN125 and land surrounding P da L, in some cases reaching distances of 2 km.

On 7th May the same searches were continued, being extended to to the entire northern part of Almadena to the site of Espojeiro and the verges of the EN125 until the Boi valley.

At about 19.. the undersigned officer, accompanied by the Commander, Officer Silva, took part in a meetings with the PJ Directorate, being asked by the PJ about the viability of giving the girl's clothes to the dogs for the dogs to sniff again, and if by means of the odour inhaled, they would be able to mark an identical odour in one of the resort apartments even though its door was closed.

With regard to this task, Officer Silva referred to the fact that the time that had passed would be a crucial condition for the dogs' work in obtaining results and that the entirety of the human odours existing in the apartments and access paths could make the dogs' searches very difficult. However, in spite of not being a normal situation for tracking, it could be attempted, whilst the operation should be carried out as quickly as possible and not directed towards one but to all the apartments in the resort, it being appropriate for the handler not to know which apartment was chosen, so as not the be conditioned.

In this concrete situation, the objective would be for the dogs to carry out a discontinuous search, in other words, to sniff the girl's clothes and immediately search near to the apartments, checking to see if there was any change in the behaviour of the dogs.

At about 23.00 accompanied by a PJ inspector, the searches were begun. After Rex was given the girl's clothing to sniff, he began to search on the ground floor of block 5 and when he passed the door of apartment 5 A (the place the girl had disappeared from) according to his handler, officer Fernandes, the dog altered its behaviour, sniffing with greater intensity than he had done before. Apartment 5J of the same block was also checked as the dog had been more agitated than before as if there were a very strong strange odour there. It was stated that this apartment had been unoccupied for some time. Afterwards, the same kind of search was carried out using the dog Zarus which in general terms showed the same behaviour in the same places as Rex had done.

It was only when all the searches of the apartments in blocks 4 and 5 were complete, that the behaviour described above was registered. It is certain that this kind of work does not correspond to the area that these dogs were trained in, but given that these types of dogs manage to discriminate a specific odour from others, although it could be a remote possibility that they related the odour of the missing girl with a possible location where she could have been.

On 8th May during the morning four teams returned to search all the areas around Vila, following some indications from local people who had frequently gone to the GNR Command post saying they had seen something suspicious related to the disappearance but no sign of her presence was ever found.

During the afternoon searches along the verges of the EN125 were continued from Boi valley to Figueira and the whole northern part of Budens.

On the following days the strategy adopted was to continue to extend the perimeter of the searches to the villages of Barao de S Miguel and Burgau, Barao de S Joao, Bensafrim and Salema. Searches were carried out in all of these locations, as well as adjacent land, vegetation, abandoned houses, wells and main roads.

On 10th May at about 20.10, upon the request of the PJ, searches were carried out in all of the apartments belonging to blocks 4 and 5 of the OC, two tracker dogs and two search and rescue dogs being used for this operation, adopting the same methods as those used on 7th May, just that this time the apartments were all open and searched one by one, being accompanied by a representative from the resort, who had the keys to all the apartments (apart from those not under her administration) and also with the objective of helping with the searches. The collaboration of all the guests occupying the apartments at that time was requested for this purpose and those apartments that were found to be empty were opened by the administrator.

All the apartments were searched by the dogs and when they arrived at apartment 5 J they began to sniff with intensity at the entrance door. During this behaviour it was noted by the PJ officers that there must be some unusual odour, but which with all certainty did not have anything to do with the odour being searched for, but there must have been something strange inside.

After entering the apartment, it was observed that the dour came from close to the fridge, which was open and contained some rotting meat and vegetables.

During the searches carried out in the apartments no sign of the girl was found by the dogs.

On 11th May in the morning, the team went to Odiaxere to visit a forest near the Boavista golf course. The whole forest was searched using the in file method, including some abandoned houses, wells and rail track.

After lunch the team was told that the searches were concluded but that their presence in P da L would continue to be necessary according to the requirements of the PJ for any other situations that might occur.

On 15th May three search and rescue dogs returned to Lisbon (Officer Cortes with Sacha, Officer Rosa with Oscar and Officer Martins with Fusco) considering that there was no longer any need for them.


The other dogs and their handlers remained on site until 18th May when at about 19.00 they returned to Cino/EPG as their presence was no longer require in P da L, although it was determined that if their use were required in the future, they would return.
Signed
30 November 2007
Operation Commander
Major Sequeira

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Re: Documented Evidence

Post by Verdi on 28.03.18 15:18

Processos Vol X
Pages 2533 - 2534

Date: 2007/09/03

For : Goncalo Amaral

From Ricardo Paiva, Inspector

Subject: Disappearance of Madeleine McCann

During the course of the ongoing investigation, various personal contacts were made by the undersigned with Kate and Gerald McCann, within my task of serving as communication element between the police and the McCann couple.

Within this context, the undersigned was present during various "strange" behaviours by the couple, who gradually began to react in a very negative manner to the increased investigative activity carried out by this police force, especially during the use of the English sniffer dogs for detecting cadaver odour, when more evidence arose in the investigation for the hypothesis of the death of Madeleine McCann.

Several times, the McCann couple said that the attention of the police should be maintained focussing on the abduction hypothesis, which, in the couple's opinion, was the only scenario that occurred and that the police should not forget to continue to investigate the suspect Robert Murat.Strangely, Kate also made several requests, three months after the disappearance of Madeleine, that the police should take blood, hair and nail tests of Madeleine's twin siblings, because, as she said, she remembered that on the day of Madeleine's disappearance, in spite of all the commotion and noise made by the authorities and other persons who were looking for Madeleine in apartment 5ª of the Ocean Club, the twins never woke up, having been transported to another apartment, they remained asleep, due to which she now presumes that they were under the effect of some sedative drug that a presumed abductor had administered to the three children in order to be able to abduct Madeleine, a situation which Kate refers to being possible according to what she read in a criminal investigation manual given to her by the British authorities, that would have been the procedure of the abductor in the real case involving abduction, rape and murder of the girl.

Today, when the undersigned went to the McCann's temporary residence to notify them of the need to present themselves at the police station to make statements, being able to take their lawyer with them, Kate McCann immediately reacted in a negative manner, making comments such as "what are my parents going to think" and "what is the press going to say when they find out" and that "the Portuguese police is under pressure from the government to finish the investigation quickly".

With regard to Gerald McCann, he constantly insisted in giving the undersigned letters and emails that he was receiving, mostly from psychics and mediums, whom he had selected and which mainly contained information without much credibility about the possible whereabouts of Madeleine and her presumed abductor.

More recently, and even before Kate's interrogation, during a telephone call between Gerald McCann and the undersigned, he made a reference regarding the investigation, that he was certain that the police did not have any proof that could incriminate them with regard to the death of Madeleine McCann and he said that the police were wasting their time in directing the investigation around the parents.

I bring this to your knowledge.
Inspector
Ricardo Paiva

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Re: Documented Evidence

Post by polyenne on 28.03.18 17:50

Psychics & mediums ? Oh boy !
Don’t they sound like just the most difficult of people and desperate to keep the PJ firmly on the abduction trail

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Re: Documented Evidence

Post by Verdi on 22.04.18 13:39

Lest they forget..


The 48 questions Kate McCann declined to answer, apparently on the advice of her lawyer, during arguido interview


1. On May 3 2007, around 22:00, when you entered the apartment, what did you see? What did you do? Where did you look? What did you touch?

2.  Did you search inside the bedroom wardrobe? (she replied that she wouldn’t answer)

3. (shown 2 photographs of her bedroom wardrobe) Can you describe its contents?

4.  Why had the curtain behind the sofa in front of the side window (whose photo was shown to her) been tampered with? Did somebody go behind that sofa?

5. How long did your search of the apartment take after you detected your daughter Madeleine’s disappearance?

6. Why did you say from the start that Madeleine had been abducted?

7. Assuming Madeleine had been abducted, why did you leave the twins home alone to go to the ‘Tapas’ and raise the alarm? Because the supposed abductor could still be in the apartment.

8. Why didn’t you ask the twins, at that moment, what had happened to their sister or why didn’t you ask them later on?

9. When you raised the alarm at the ‘Tapas’ what exactly did you say and what were your exact words?

10. What happened after you raised the alarm in the ‘Tapas’?

11. Why did you go and warn your friends instead of shouting from the verandah?

12. Who contacted the authorities?

13.  Who took place in the searches?

14.  Did anyone outside of the group learn of Madeleine’s disappearance in those following minutes?

15. Did any neighbour offer you help after the disappearance?

16. What does 'we let her down' mean?

17.  Did Jane tell you that night that she’d seen a man with a child?

18.  How were the authorities contacted and which police force was alerted?

19. During the searches, with the police already there, where did you search for Maddie, how and in what way?

20. Why did the twins not wake up during that search or when they were taken upstairs?

21. Who did you phone after the occurrence?

22. Did you call Sky News?

23. Did you know the danger of calling the media, because it could influence the abductor?

24. Did you ask for a priest?

25. By what means did you divulge Madeleine’s features, by photographs or by any other means?

26. Is it true that during the searches you remained seated on Maddie’s bed without moving?

27. What was your behaviour that night?

28. Did you manage to sleep?

29. Before travelling to Portugal did you make any comment about a foreboding or a bad feeling?

30. What was Madeleine’s behaviour like?

31. Did Maddie suffer from any illness or take any medication?

32. What was Madeleine’s relationship like with her brother and sister?

33. What was Madeleine’s relationship like with her brother and sister, friends and school mates?

34. As for your professional life, in how many and which hospitals have you worked?

35. What is your medical specialty?

36. Have you ever done shift work in any emergency services or other services?

37. Did you work every day?

38. At a certain point you stopped working, why?

39. Are the twins difficult to get to sleep? Are they restless and does that cause you uneasiness?

40.  Is it true that sometimes you despaired with your children’s behaviour and that left you feeling very uneasy?

41. Is it true that in England you even considered handing over Madeleine’s custody to a relative?

42. In England, did you medicate your children? What type of medication?

43.   In the case files you were SHOWN CANINE forensic testing films, where you can see them marking due to detection of the scent of human corpse and blood traces, also human, and only human, as well as all the comments of the technician in charge of them. After watching and after the marking of the scent of corpse in your bedroom beside the wardrobe and behind the sofa, pushed up against the sofa wall, did you say you couldn’t explain any more than you already had?

44.   When the sniffer dog also marked human blood behind the sofa, did you say you couldn’t explain any more than you already had?

45.  When the sniffer dog marked the scent of corpse coming from the vehicle you hired a month after the disappearance, did you say you couldn’t explain any more than you already had?

46.  When human blood was marked in the boot of the vehicle, did you say you couldn’t explain any more than you already had?

47.   When confronted with the results of Maddie’s DNA, whose analysis was carried out in a British laboratory, collected from behind the sofa and the boot of the vehicle, did you say you couldn’t explain any more than you already had?

48.   Did you have any responsibility or intervention in your daughter’s disappearance?

The question Kate McCann did answer

Q.  Are you aware that in not answering the questions you are jeopardising the investigation, which seeks to discover what happened to your daughter?

A.  'Yes, if that’s what the investigation thinks.'
----------

Perhaps now is the time to start answering - eh Ms McCann?

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Re: Documented Evidence

Post by Verdi on 27.05.18 2:45

Fiona Payne's rogatory interview - April 2008

Reply:

 'I don't think specifically. I can't say I ever paid any attention, I knew all the apartments had the same shutters, you know, but, to be honest I never went into Kate and Gerry's apartment before the night, erm, on Thursday'.

1485:

 'Yeah'.

 Reply:

 'I hadn't been in their apartment'.
...................

David Payne witness statement - Friday 4th May 2007

That the apartment occupied by Madeleine's family comprises two bedrooms, a small kitchen, a lounge and a bathroom. That the lounge has a door which gives outside access in the direction of the restaurant. He does not recall any more details of the apartment but he remembers that the bedroom occupied by the children has a window that looks onto the main road.

That he never went into the said bedroom occupied by the children but he could see that there were two beds and two cots. The cots were placed in the middle of the bedroom. One of the beds was placed against the window and the other, the one occupied by Madeleine, was against the wall facing the one which has a window.

thinking

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Re: Documented Evidence

Post by Verdi on 27.05.18 13:54

08 Processo 8 Pages 2068 to 2070
08_VOLUME_VIIIa_Page_2068
08_VOLUME_VIIIa_Page_2069
08_VOLUME_VIIIa_Page_2070
Processo pages 2068 and 2069

A note for the case file dated 1 August 2007 with respect to the dog search reports from 31 July and 1 August requesting the authorisation necessary to search the then-residence of the McCann family and the hire vehicle.

Faced with the new matters brought to the file through the dog search reports above,
[those searches being] based on Mark Harrison's report already on file, and which [search results] support that Madeleine McCann may have died inside apartment 5A, Ocean Club, Luz, Lagos, where she was on holiday with her parents and two siblings.

The above reports state that the dogs alerted to cadaver odour and human blood inside the apartment, it already having been established that no death has occurred there previously.

In point a)
[apartment 5A] of the report we can infer the locations of cadaver odour as well as the presence of traces of human blood. Also at point f) we see that cadaver odour was detected in the garden immediately adjacent to apartment 5A. Nothing was signalled in the other places.

In order to allow us to thoroughly examine this situation, which could have its conclusion through new evidence, it is requested for a voice record, legally sanctioned, specifically of two locations:
1 - Rua das Flores, no 27, Vivenda Vista do Mar, Luz Park, Luz, Lagos (the present residence of the McCann family in Luz)
2 - Hired vehicle used by the McCanns, the "Renault Scenic", number plate 59-DA-27.

Further, and of no small importance, it is also requested that a magistrate issue search warrants for [the above two locations] to enable us to recover new items/clues.

I ask that you consider the above and decide at your convenience.

Portimao, 1 August 2007
Inspector
Joao Carlos

Page 2070
Handwritten note, saying the request will be furthered to the Magistrate of the Public Ministry and to the court of Comarca.

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Re: Documented Evidence

Post by Verdi on 27.05.18 14:20

Letter to the Attorney General regarding investigation details - A Legal Summary


17- Processo 17 Pages 4592 to 4649

Introduction

Before actually entering the appreciation of the present inquiry it is useful to take a summarised look at the enormous dimension of the inquiry which is constituted of 17 Volumes, with a global processing of approximately 4500 pages, 9 appendixes that are integrated by 55 Volumes, in which 12000 pages and other relevant pieces were gathered, analysed and treated; further 22 dossiers were constituted, with more than 5000 pages, concerning fanciful or senseless news, yet organised out of mere caution.

Therefore, this inquiry which demonstrates the pertinent commitment of the Polícia Judiciária (PJ) in the resolution of the disappearance of minor Madeleine McCann, demanded from it the performance or coordination of several diligences as described in the various files, namely: the preservation of the location of the fact (although it had already been rummaged by numerous people as we will discuss ahead); several collections and examinations on the existence of eventual traces; a circumstantiated photographic report; the installation, in the first 24 hours of an extensive operational scheme, including the participation of several police and civil protection forces, in a total of over 130 elements; the reinforcement, in the next 24 hours of said operational scheme, with the mobilisation of over 300 members of police forces and public entities; the installation of control posts on roads and on the Southern terrestrial border with Spain; the use of sniffer dog teams; the use of exceptional search and rescue teams (aerial, terrestrial and maritime), alerts and diffusion all over the country and abroad. As a mere example, during the following weeks and on a permanent basis, two helicopters, four vessels and several all-road vehicles, apart from private airplanes and boats, were employed; in the same manner, the investigation operations were coordinated with the specific search operations, with hundreds of diligences performed, like the identification and the formal and informal hearing of citizens, door-to-door searches, in the impressive number of 443, at the residences and tourist resorts of Vila da Luz and its surroundings, the identification and search of vehicles, and searches on the terrain, in an area that started out covering 15 Km2, and progressively grew to 30Km2 (where special attention was paid to locations like wells, passages, tunnels, reservoirs and lakes).

During the following days, more than 700 persons who might possess some relevant information about the disappearance were formally and informally questioned, with the PJ using more than 100 officers from several departments of Portimao, Faro and Lisbon, who worked on a consecutive base of 24 hours per day to accomplish the task.

All the locations where there could be images that might be related to the case (like, for example, restaurants and petrol stations) were equally consulted, and the telephone lines of the permanent services of the Portimao and Faro departments were made available. A mobile police post was installed in Vila da Luz to collect information.

Apart from the already mentioned identifications and door-to-door house searches, the listing, contact and interview with known local suspects with previous connections to sexual criminality against minors, was performed.

The PJ was especially careful to promote regular meetings with the missing child's parents and also designated a Liaison Officer for the family, for permanent support and relationship, with the active following and cooperation of the Royal British Consulate in Portimao.

Shortly after the beginning of the investigation continuous relationships with the Leicestershire Constabulary, which, for the effect, sent several of its officers to Portugal, with the PJ equally sending officers to the United Kingdom, were established, and intense cooperation and understanding was registered between these entities, which were united in the common purpose of searching for the missing child, and for the truth.

In the inquiry it is clear that the PJ never dismissed any information or credible elements that might lead to the revelation of facts, with over 2000 formal and informal diligences carried out over the months, and the PJ having explored, nationally and internationally, all of the information with a higher or lower degree of credibility, with special relevance for tens of supposed sightings or trackings of the child, most of which were widely reported by the press.

As an example, cases of international cooperation can be mentioned, namely with Spain, the Netherlands and the United Kingdom, which led to the detention or identification of persons that tried to introduce misleading information about the hypothetical destiny or tracking of the child.

In summary, it is notorious that the PJ spared no efforts in the sense of making exceptional technical, human and financial means available to find the child and to discover the truth of facts, having been completely accompanied in this effort by the Leicestershire Constabulary, the police force that is located in the city of Leicester, where most of the people in the holiday group come from.

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Re: Documented Evidence

Post by Verdi on 27.05.18 14:21

continued..

About the inquiry - a general analysis

In the present process, the disappearance of the child of British nationality, Madeleine Beth McCann, daughter of Gerald Patrick McCann and Kate Marie Healy, aged three on the date (about to become four, as she was born on the 12th of May 2003), was investigated.

Concerning the time and the place, the facts have taken place on the 3rd of May of 2007, within the time span, according to testimonies, between 9.05 p.m. and 10 p.m., at the resort called "Ocean Club", located in Vila da Luz - Lagos, where the child's family, together with a group of seven persons, - with whom they kept a friendship that had started before this trip and which was based on professional relations and on other leisure trips -, were enjoying a holiday period, with the duration of one week, having arrived in Portugal on the 28th of April 2007, more precisely at the Airport of Faro, coming from the United Kingdom.

At check-in, they were placed in several apartments, all of them in block G5, next to each other, which was a demand, or, at least, a suggestion of the entire group, which was composed of the couple Gerald McCann, Kate Marie Healy and their children Sean, Amelie and Madeleine, (apartment 5A), David Anthony Payne, Fiona Elaine Payne, their children Lilly Payne and Scarlett Payne and mother-in-law Dianne Webster (apartment 5H - first floor), Russell James O'Brien, Jane Michelle Tanner and their children Ella O'Brien and Evie O'Brien (apartment 5D) and Matthew Oldfield, Rachael Mariamma Jean Mampilly and their daughter Grace Oldfield (apartment 5B), with the apartment that was occupied by the McCann family being the one that was most accessible and had the easiest visibility from the outside.

The behaviour of the group's members until the day of the event was shaped by the normality of a daily routine, which, as far as the McCann couple is concerned, consisted of getting up at around 7.30 a.m. and having breakfast in the apartment; at around 9/9.30 a.m. they left the apartment and left their children at the crêche where they remained until around 12.30 a.m. After lunch, at around 1.30 p.m., the children went to play by the pool and around 2.30 p.m. they left them at the crêche again, where they stayed until around 5 p.m., the time at which the children went for high tea at the bar, which was done in a group, independently of age, in a recreational area next to the "Tapas" restaurant; between 5 and 5.30 p.m., they returned to the apartment, where around 5.30 p.m. they bathed the children that went to bed at 7.30 p.m.

From the 2nd day of their stay onwards, the couple had dinner at the "Tapas" Restaurant, with the rest of the group, while all of the children stayed asleep alone in their apartments, with the surveillance initially being made by each couple, whose members took turns in checking the children, and as the days went by, each member who went to check his children would take the chance and check on the rest of the children, with the exception of the Payne couple, that possessed their own technological control system, through baby listening monitors, an issue that we will discuss in more detail further ahead.

All of the group's members including the McCann couple were questioned several times, at length and in detail, in order to collect the greatest possible number of relevant details that could assist the investigation in discovering the truth of the facts.

From the analysis of the total of depositions that were made, the existence of important details that were not fully understood and integrated became evident; details that would need to be tested and tried on location, in order to establish the apparent failures to meet and lacks of synchrony, even divergences, in a suitable diligence, which was not possible to perform despite the commitment that was displayed by the Public Ministry and by the PJ to fulfil that purpose, as we will see in closer detail, further ahead.

Considering the participated facts, conjugated with the information that was offered. namely by the witnesses, and with the information that was made available through the development of the inquiry, the investigation equated the verification of several hypotheses: abduction, for the purpose of sexual exploration or others (i.e. posterior adoption, child traffic, organ traffic), without homicide; abduction, followed by homicide with (or without) concealment of a cadaver, hypotheses that were considered under the double sides of the abduction (if it existed) having occurred due to feelings of vengeance of the abductor(s) towards the parents (directed abduction) or simply taking advantage of the circumstance that the child was in a situation of actual vulnerability (opportunity abduction), accidental death, with posterior concealment of the cadaver and, underlying all of these possibilities, abandonment, substantiated as a crime under article 138 of the Penal Code. The possibility of theft, whose author would have been disturbed by the child Madeleine and who, in order to prevent her from disturbing him, neutralised her in a violent manner, and, afterwards, took her with him, dead or alive, in order to leave no trace that could eventually lead to his identification.

The systematisation and order that were given to the Inquiry should further be stressed, as it facilitates an easy approach in its consultation, despite its volume and the complexity of some of the issues; with attention to the synthesis that was made and that is visible namely in the index and in the listing of the persons that intervened in the process.

Therefore, we will follow, despite some isolated diversions, the division that was observed in the Final Report that was made by the Polícia Judiciária:

1 - General diligences to locate the child, performed by the Polícia Judiciária, the Polícia Marítima [Maritime Police] and the G. N. R., and added to the inquiry's main body;

2 - The suspicions about Robert Murat and his arguido status;

3 - Sniffer dog searches and the consequent constitution as arguidos of the British child's parents, Gerald McCann and Kate Healy.

Concerning the appendixes and their contents, they will be analysed within the 3 main issues into which the investigation has been divided.

B - Detailed Analysis

[this section to be completed soon]

C - The suspicions about Robert Murat and his constitution as an arguido

Apart from the suspect being seen on the location of the occurrence and speaking about the event with the persons that were around there, namely journalists, his name was on the list of interpreters, and he made a commitment as such (Commitment Act on page 1577).

On the 6th of May 2007 the PJ received a fax from the Leicestershire Constabulary (page 307) in which this police transmits that a reporter from the Sunday Mirror, Lori Campbell, had communicated that certain behaviours of the suspect compromised him, namely by giving his name without any information about himself, by having conflicting relationships with several people and being worried when a photograph of him was taken for that newspaper, which led the English Police to request that he was relieved of interpreter duties.

The files further contain:

- On page 328 a report of an external diligence tells that, on the 4th of May 2007, the suspect offered his assistance to the GNR to help with anything that was needed, namely as an interpreter;

- That on the 6th of May 2007 the signatory of said report was approached by several journalists indicating the arguido with suspicious behaviours, in the sense of what was already explained concerning the fax;

- On page 461 an anonymous information, where a telephone call from a woman who tries to incriminate the suspect is reported, although no facts were presented;

- On page 957 there is a report about an external diligence that resulted from a trip to the location where, according to witness Jane Tanner, she saw, a short time before she knew that Madeleine had disappeared, a man carrying a child walking into the direction of the suspect's house, Casa Liliana;

- On page 960 the service information according to which the curiosity that the arguido showed in the investigation was found strange.

In order to be able to be heard about the suspicions that befell him, Robert Murat was made an arguido on the 14th of May 2007 [9], having declared that he has already served as an interpreter during process actions, that he has a daughter that was born in 2002 and lives in England where he visits her several times, having returned to Portugal on the 1st of May 2007 and that he rented a vehicle because his mother uses the VW at the stand that was put up in Luz to support Madeleine's family.

That on the 3rd of May 2007 he didn't leave home in the evening, having heard a siren at around 10.30 p.m. or shortly afterwards, a fact that he commented with his Mother, but didn't come outside to investigate.

On Friday the 4th of May 2007 he was alerted by his Mother to the disappearance of a child in Praia da Luz, according to news on "Sky News", having then walked to the location of the disappearance, where he was introduced to the child's parents, offering his assistance.

That afterwards, with a GNR officer and a member of the resort staff, they entered several apartments, with the purpose of locating the child. That before this occasion, he didn't know the inside of the "Ocean Club".

He further clarified, because he was asked, that he was the main suspect among the journalists, therefore from that moment onwards he refused speaking to them, including in that refusal the mention of his full name, or allowing to be photographed.

He further clarified that he has nothing to do with the child's disappearance, and knows nothing about this case, explaining that he asked an English policeman about the manner in which the British police was able to trace a person in a given location and at a given time and if the police could trace him at home through his mobile phone, but he did this to prove his innocence.

On the other hand, rather unpleasant references were made to his personality, as was the case of a witness that has known him for many years [10].

It should be further referred that witnesses Rachel Mampilly, Russell James O'Brien and Fiona Elaine Payne mentioned that they saw arguido Robert Murat at the "Ocean Club" resort on the night that Madeleine disappeared.

During the confrontation that took place on the 11th of July 2007 [11], these witnesses, just like the arguido, maintained their previous positions.

Nevertheless, the positions are different regarding the witnesses that were heard, because while Sílvia Baptista [12] admits it is very possible that a person with the arguido's characteristics was helping to search for Madeleine on the night of the disappearance, other witnesses, Paul Wright, June Wright, Barend Weijdon and GNR officer José Baptista Roque [13], among other officers, mentioned that they didn't see the arguido on location that night.

Facing the suspicions that befell the arguido, considering what he seemed to transmit and the type of occurrence that was under investigation, whose real scope was not, like now, delimitated, and in order to confirm them or to set them aside, taking into account that they were indispensable for the continuation of the investigation, searches were made at the arguido's house as well as at his mother's and telephone interceptions were carried out, both on the arguido and on those with whom he directly or indirectly interacted, namely with whom he met on an almost daily basis and with whom he kept telephone contact.

Searches were also performed at the location where he started to spend the night at, the Quinta Salsalito, which is a vast place of difficult control, therefore the search on this location might permit the collection of elements that are reputed to be of high interest for the investigation, but those searches had no effect whatsoever.

During the searches at Casa Liliana, two rain water cisterns near the pool were checked, the missing minor's trail was searched by the GNR's sniffer dog team, both inside and outside the residence, searches were equally performed inside three vehicles that were parked there, and the matching photographic report was carried out by members of the CSS (Crime Scene Sector), experts from the Criminal Police Lab, but nothing positive was attained.

From the forensics exams to Serghei Malinka's, Robert Murat's and Jenny Murat's computers [14], it could be concluded that the contents of the examined drives produced nothing that could compromise them as participants in any illicit activity, namely the one that was being investigated in the process.

From the interception of communications, the telephone contact record of arguido Robert Murat, his mother Jennifer Murat, witnesses Michaela Walazuch, Luís António and Sergey Malinka; records and maps of the telephone calls that were made from public telephone booths in Praia da Luz nothing flows that could have any indicative use.

From the analysis that was performed on every contact, from the 1st of November 2006 until the 19th of July 2007, by Robert, Michaela, Sergey, Jennifer and Luís António, results that Robert and Malinka, only contacted each other eight times [15], that there were no relations between Sergey and Luís António, nor between him and Robert, nor between either of them and the Murat residence, between the 30th of April and the 4th of May 2007 [16].

Searches were performed at the residence, and the subsoil was explored with a Geo-radar (GPR), - which consists of a radar antenna that transmits electromagnetic energy in the shape of an impulse within frequencies between 25 MHz and 1 GHz. Those impulses are partially reflected through sub-superficial geological structures, captured with a receiving antenna and marked as a time record of continuous bi-directional path which is presented as a pseudo-geological record section - e these technical searches neither found nor marked anything of interest to the files [17].

Searches were equally performed with the use of sniffer dog support, with the dog Eddie that detects cadaver odour, and it was verified that the dog signalled nothing [18]. The examination of the targets' vehicles (arguido and people who interacted with him), nothing was found.

Therefore, despite the suspicions that befell the arguido, - partly because they were induced, albeit involuntarily, by himself, namely the protagonism that he assumed both with the group of friends, which the McCann couple was part of, and with the journalists, showing his great curiosity in finding out what diligences had been performed and which were to be performed, and by objective elements and the fact that his residence is located in the direction which, according to Jane, was taken by the stranger who carried the child in his arms - and which therefore demanded his constitution as an arguido. It is nevertheless certain that through the collected evidence, said suspicions gradually emptied themselves, until the point where any connection of the arguido to the child's disappearance was set aside, which is why, at the end, the archiving of the process will be determined.

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Re: Documented Evidence

Post by Verdi on 27.05.18 14:23

continued..


Dog searches and Constitution of Gerald McCann and Kate Healy as arguidos

In an attempt to advance towards the discovery of Madeleine's whereabouts, a Report was written by Mark Harrison, National Counsellor for searches at the level of all police agencies in the United Kingdom, concerning Missing Persons, Abduction and Homicides, with his role comprising the counselling in relation to those people.

Thus a request for help in counselling at the level of searches was made, with part of that help being made through the action of dogs that are trained to detect mortal victims (VRD), and dogs with advanced training in tracing very small samples of human remains, bodily fluids and blood, in any environment or terrain (EVRD).

From the searches with the dogs [19], whose video recordings are appended to the files, the following resulted:

1 - The tracking dog named "Eddie" (dog that signals cadaver odour) "marked" (signalled) inside the couple's bedroom, in apartment 5A, in an area next to the wardrobe (cf. page 2054 and/or annex 88);

2 - That same dog "marked", in the same apartment, an area near the living room window, which has direct access to the street, behind the sofa (cf. page 2054 and/or annex 88);

3 - Still inside the apartment, the dog "marked" a garden area, in a square corner, vertically to the balcony (cf. page 2054 and/or annex 88);

4 - In the "Vista do Mar" villa, the house that was rented by the McCanns after leaving the Ocean's Club, the dog "marked" the area of a wardrobe that contained inside the soft toy that belonged to Madeleine McCann (cf. page 2099 and/or annex 88);

5 - In the examination of the clothes, which was carried out in a pavilion in Lagos, this dog signalled/"marked" pieces of clothing that belong to Kate Healy (cf. page 2101 and/or annex 88);

6 - This dog signalled the lower outside area next to the driver's door of the Renault - 59-DA-27 - that was rented by the McCanns (cf. page 2187 and/or annex 88);

7 - Finally it "marked" the key/card of that vehicle when it was hidden under a fire prevention sand box (cf. page 2187 and/or annex 88);

8 - The tracking dog named "Keela" (dog that detects the presence of human blood), "marked" an area in the living room, in apartment 5A, which had already been "marked" by "Eddie" (cf. page 2054 and/or annex 88);

9 - After the tiles which this dog had signalled during a first inspection, and which are mentioned under the previous item, were removed, the dog signalled the same area again (cf. page 2190 and/or annex 88);

10 - It made another "marking" on the lower part of the left hand side curtain of the window that we have been referring to (cf. page 2190 and/or annex 88);

11 - It "marked" the right lower lateral part of the inside of the boot of vehicle 59-DA-27 (cf. page 2187 and/or annex 88);

12 - Further concerning the vehicle, "Keela" "marked" the storage compartment, on the driver's door, which held the vehicle's key/card (cf. page 2187 and/or annex 88);

13 - This dog also marked the key/card when the same was hidden under the fire service sand box, inside the parking lot.

The viewing of these videos, whose contents is very impressive, becomes essential to understand the dogs' action and signalling, more than by any words.

These dogs, which had already been used on multiple occasions by the Scotland Yard and by the FBI with positive results, are evidence collection means and do not serve as evidence; any residue, even if invisible to the naked eye, which is collected using this type of dogs, has to be subject to forensics testing in a credentialed laboratory.

Martin Grime, the dogs' instructor himself [20], mentions in his report: "Whereas there may be no retrievable evidence for court purposes this may well assist intelligence gathering in Major Crime investigations"; or scientist Dr John Lowe [21] who refers that the FSS has no scientific support about the use of the dogs as a fundament for the collection of biological residues and that normally take the handler's word for certification, that asserts that the dogs are more sensitive than any chemical technique or other techniques that are normally used by crime scene sector experts.

In that sense, forensic examinations were performed in the areas and on the objects that were marked and signalled by the blood dog, especially in a credentialed British lab (Forensic Science Service - cf. Appendixes I and VII - FSS Final Report), and also, some of them, at the National Institute for Legal Medicine (cf. Appendix I), whose final results failed to corroborate the canine markings, that is to say that cellular material was collected, which was nevertheless not identified as belonging to a specific person, and it was not even possible to establish said material's quality (namely if it could be blood or another type of bodily fluid).

It should be stressed that the option towards that Laboratory was and remains obvious taking its prestige, its independence and its scientific reputation into account, although on an initial approach there seemed to be the possibility of compatibility between MADELEINE'S DNA profile and some of the collected residues (of which those that existed in the Renault Scenic vehicle that was rented by the McCann couple were in great quantity), taking the contents of the fax that is reproduced below exactly as it appears in the files, into account (pages 2620 and following)

* * *

From: "Prior Stuart"
To: "Task Portugal"
Sent: 04 September 2007 10:14
Subject: FW: Op Task - in Confidence
_________

From: Lowe, Mr J R
Sent: 03 September 2007 15:01
To: stuart prior
Subject: Op Task - in Confidence

Stuart,

Firstly, here are the last three results you are expecting

An incomplete DNA result was obtained from cellular material on the swab 3a. The swab contained very little information and showed low level indications of DNA from more than one person. However, all of the confirmed DNA components within this result match the corresponding components in the DNA profile of Madeline McCann. LCN DNA profiling is highly sensitive, it is not possible to attribute this DNA profile to a particular body fluid.

There is no evidence to support the view that Madeline McCann contributed DNA to the swab 3B

A complex LCN DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the luggage compartment section 286C 2007 CRL10 (2) area 2. Within the DNA profile of Madeline McCann there are 20 DNA components represented by 19 peaks on a chart. At one of the areas of DNA we routinely examine Madeline has inherited the same DNA component from both parents; this appears therefore as 1 peak rather than 2, hence 19 rather than 20. Of these 19 components 15 are present within the result from this item; there are 37 components in total. There are 37 components because there are at least 3 contributors; but there could be up to five contnbutors. In my opinion therefore this result is too complex for meaningful interpretation/conclusion.

Why?...

Well, lets look at the question that is being asked

"Is there DNA from Madeline on the swab?"

It would be very simple to say "yes" simply because of the number of components within the result that are also in her reference sample.

What we need to consider, as scientists, is whether the match is genuine and legitimate; because Madeline has deposited DNA as a result of being in the car or whether Madeline merely appears to match the result by chance. The individual components in Madeline's profile are not unique to her, it is the specific combination of 19 components that makes her profile unique above all others. Elements of Madeline's profile are also present within the the profiles of many of the scientists here in Birmingham, myself included. It's important to stress that 50% of Madeline's profile will be shared with each parent. It is not possible, in a mixture of more than two people, to determine or evaluate which specific DNA components pair with each other. Namely, we cannot separate the components out into 3 individual DNA profiles.

Therefore, we cannot answer the question: is the match genuine or is a chance match.

The same applies to any result that is quoted as being too complex for meaningful inclusion/interpretation

What questions will we never be able to answer with LCN DNA profiling?

When was the DNA deposited?
How was the DNA deposited?
What body fluid(s) does the DNA originate from?
Was a crime committed?

These, along with all other results, will be formalised in a final report

Please don't hesitate to contact me if you require any further assistance

kind regards
John


but whose compatibility, as can be concluded from the above mentioned final FSS report, was not confirmed after the performance of lengthy and complex tests.

Previously to these indications, is the circumstance that the Parents were the last known persons who had been with Madeleine, alive and traced, a circumstance that in itself made them subject to investigation.

On the other hand, there was information, which was not confirmed afterwards, that the McCanns, while focused on stating an abduction theory, had contacted the British media (Sky News), before calling the police authorities.

Confronted with these elements, namely the possibility of the existence of a cadaver in the apartment and in the vehicle that was used by the parents, founded suspicions of their involvement were raised.

As they were summoned to depose again, while there was no plausible explanation for those situations and as they were to be confronted with the dogs' findings and with the lab information, which were susceptible of rendering them responsible as authors of crimes (at least, of neglectful homicide and of concealment of a cadaver), they were, obligatorily and inexorably, made arguidos, in strict obedience to article 59 nr. 1 of the Penal Process Code; thus the disposition from nr. 4 of article 58 (presently 5) - its new redaction was not in force yet, taking into account that they were made arguidos on the 6th of September 2009 - and on the other hand they could benefit from arguido status, with all the rights and guarantees of defence that are inherent to it, despite the stigma that is associated with it, which is techno-juridically misadjusted. In effect, the constitution and questioning as arguidos, while used to confirm indications towards the committing of crimes, are also used, with equal strength and reason, to infirm indications and to eliminate suspects.

As judiciously stressed in the sentence dated 06.10.1990 by the then Judge of the Police Court of Lisbon. "The authority that directs the inquiry is not free to postpone the moment when a witness passes into arguido status (. . .) if diligences are being performed, which are destined to prove her imputation, that affect her personally (. . .)"
Colectânea de Jurisprudência, 1990, vol. IV. p.323 and following.

The constitution of Gerald and Kate McCann as arguidos at that moment is nothing more that the practical fulfilment of the right to defence of those arguidos, which is to say, to ensure their concrete rights to "co-determine or conform the process' final decision. Said rights assume consistency and effectiveness, according to the new Code, right after the moment of constitution as an arguido, and therefore, still during the inquiry and the instruction." - Professor Jorge de Figueiredo Dias, "Sobre os sujeitos processuais no novo Código de Processo Penal" Jornadas de Processo Penal, CEJ, Livraria Almedina, 1988, p 28.

Therefore, under the light of interpretation of the elements that constituted the process at that date, there is no doubt whatsoever concerning the legitimacy and legality of their constitution as arguidos, as it is also certain that any investigation has its own dynamics and the continuous flow of elements into the files may alter the situation, as it has, and no judgment or presumption of guilt can be extracted from such a process act.

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Re: Documented Evidence

Post by Verdi on 27.05.18 14:28

continued..


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.

F - Communications analysis

The process has been appended with the daily maps of the mobile phones' registry by registrar/owner, a map of the intervals without communications of the couple's equipment between the 4th and the 13th of May, and maps of the localities where the antennas were activated, as well as the report of the analysis of the communications that were registered by the antennas that serve Praia da Luz, of the 3 service providers, made by the 9 members if the McCann family's group, concerning the days between the 2nd and the 4th of May (calls that were operated exclusively by the fixed network are not contemplated, because as they do not use the GSM system of mobile communications, those do not activate the antennas ("B.T.S.").

During that period they maintained a communication traffic that can be accepted as normal for someone who is on holidays. Between the 4th and the 17th of May, the antennas with most traffic registered are the ones that serve the localities of Luz, Lagos, Portimao and others that are situated between Praia da Luz and Portimao; the daily activity of the mobile phones of each one of the 9 persons in the group was analysed, with every register since their arrival until their departure being treated, as well as about the time intervals when Madeleine's parents' mobile phones were without any contact between 00 hours of the 4th and 00 hours of the 14th of May.

It was important to determine if through the analysis of that data other investigation hypotheses appeared, leading to the discovery of what happened on the night of the 3rd of May, at apartment 5A, of the "Ocean's Club of Praia da Luz", but this also remained unsuccessful.

The fulfilling of the Rogatory Letters to the Justices of the United Kingdom failed to add anything relevant to what was already in the Process.

G - Appreciation and Juridical Frame

From the analysis of the elements that are part of the files, this first conclusion emerges immediately:

When the GNR officers arrived on location, several people had already touched the window and entered Madeleine's and her siblings' bedroom, and later on, when the PJ arrived at the apartment to collect traces, the space had already been rummaged through and contaminated due to the entrance of all of those people and to the fact that everything had been touched, thus rendering inviable, right away, the collection of important elements for the investigation.

In the drama of the moment, nobody - parents, friends of the parents, resort management and personnel - was cold and lucid enough to preserve the crime scene, preventing that rummaging and the consequent contamination of traces from happening, while it is common knowledge that it is any person's responsibility to preserve crime scenes - apart from a legal demand: article 171 number 2 of the Penal Process Code - thus avoiding that traces can be erased or altered, therefore the collectable evidence had already lost much of its indicative value. Hence the lack of evidential elements that were collected during that initial phase, so much so that the only latent fingerprints that were collected, with the number of elements that are necessary to perform a positive identification, were individualised as belonging to the missing child's mother and to a GNR officer (pages 885 and 1520), thus immediately rendering the collection of important data for the investigation inviable.

It was only when members of the Polícia Judiciária arrived, at around 0.10 a.m., following a request for their presence, that measures were taken to make the collection of residues and the preservation of the event's location possible.

It further results from the files that, despite the fact that the 'Ocean Club' resort's crêche offers a complimentary dining out service from 7.30 until 11.30 p.m., at an additional cost, apart from another babysitting service with no defined schedule [22], the members of this group of friends with children chose to do their own checking on the children during dinner. During a first phase, each couple took turns among them to check on their own children, and as the days went by, they started to ask one of the members that got up, to listen whether there was any noise in their apartment, as Jane Tanner mentioned during questioning on the 10th of May 2007 [23], with the exception of the David and Fiona Payne couple, who possessed an intercom system to watch over their children Lilly Payne and Scarlett Payne.

It is extracted from the files that the McCanns and their friends checked to verify if all was well with their children, as can be concluded from what the members of this group declared, and also derives from the testimony of Jerónimo Tomás Rodrigues Salceda, a waiter at the Tapas [24], who stated that he "noticed, because it was evident, that some of the group's members sometimes went outside of the restaurant to do something, which by and by he realised was to "check" on the children. Nevertheless, he was always convinced that those children were in a space that belonged to the Luz Ocean Club. . ."

Nevertheless, it can also be concluded from the files that this surveillance with the periodicity that was mentioned above was not the one that is alleged in the files, which leaves unexplained why, on that night, the procedures were altered in the sense of reducing the checking intervals.

In effect, this group of friends was enjoying a short holiday period, therefore perfectly relaxed and it would be normal that, having dinner, inclusively with an entertainment service available [25], they were not very concerned with anything that might happen to their children during that dinner period.

It is so much so that Kate herself mentions that on Thursday morning, the 3rd, Madeleine questioned her about the reason why they didn't come to her room, given the fact that the twins had cried [26], as was also mentioned by Gerald.

Pamela Fenn, who resides on the residential block's first floor, above the apartment that was occupied by the McCann family, clarified that on the 1st of May 2007, two days before her disappearance, at around 10.30 p.m., she heard a child crying, which from the sound would be MADELEINE and that she cried for an hour and fifteen minutes, until her parents arrived, at around 11.57 p.m.

This shows that the parents were not persistently worried about their children [and] that they didn't check on them like they afterwards declared they did, rather neglecting their duty to guard those same children, although not in a temerarious, or gross, manner.

If said guard duty had been observed, in the possibility of this being an abduction, as was insistently mentioned and continues to be mentioned and is admissible to have happened, its occurrence might eventually have been rendered inviable.

It is further added that Kate, after noticing that the bedroom's window and shutters were open and Madeleine was missing, headed for the Tapas Restaurant asking for help, suggesting that an abduction had taken place, it is incomprehensible, or only comprehensible in a state of panic, that she once again abandoned, this time only the twins, while the Tapas was close enough to shout for help, - although Matthew Oldfield refers [27] that from the restaurant table there was very tenuous visibility, taking into account the distance at which they were from the apartments, and vision being hampered by a transparent linoleum that covered the area where the tables were located.

Finally, the fact that, despite all that confusion and all that noise, the twins continued to sleep, as mentioned by GNR Officer José Maria Baptista Roque, a member of the patrol that was first to arrive at the apartment "the children never woke up, remaining in a ventral decubitus position, not moving during the search and afterwards" [28], remains unexplained. Nevertheless, a Team from the Criminal Police Lab, on the 4th of May 2007, eliminated the existence of any product that could have been ministered to the missing child, in order to maintain her in a state of unconsciousness, as well as the presence of blood traces.

On the other hand, it also results that none of the parents was inside the apartment when Madeleine disappeared and that their behaviour until the moment of the disappearance was perfectly normal, not manifesting any kind of preoccupation or any other similar feeling, contrary to what happened after that moment when the state of panic was notorious.

While it is an unavoidable fact that Madeleine disappeared from Apartment 5A of the 'Ocean Club', the manner and circumstances under which this happened are not - despite the numerous diligences made in that sense -, therefore the range of crimes that were indicated and referred to during the inquiry remains untouched.

It seems evident to us and because the files contain enough elements for such, that the crime of exposure or abandonment according to article 138 of the Penal Code can be eliminated from that range:

"1 - Whoever places another person's life in danger,
a) By exposing her in a location where she is subject to a situation from which she, on her own, cannot defend herself against; or
b) Abandoning her without defence, whenever the agent had the duty to guard her, to watch over her or to assist her;"

This legal type of crime is only fulfilled with intent, and this intent has to cover the creation of danger to the victim's life, as well as the absence of a capacity to defend herself, on the victim's behalf. In the case of the files and facing the elements that were collected it is evident that none of the arguidos Gerald or Kate acted with intent. The parents could not foresee that in the resort that they chose to spend a brief holiday, they could place the life of any of their children in danger, nor was that demanded from them: it was located in a peaceful area, where most of the residents are foreign citizens of the same nationality and without any known history of this type of criminality.

The parents didn't even represent the realisation of the fact, they trusted that everything would go well, as it had gone on the previous evenings, thus not equating, nor was it demanded from them, the possibility of the occurrence of an abduction of any of the children that were in their respective apartments.

Reinforcing what was said is also the fact that despite leaving their daughter alone with her siblings in the apartment during more or less dilated moments, it is certain that in any case they checked on them. Without any pretension or compensatory effect, we must also recognise that the parents already expiate a heavy penalty - the disappearance of Madeleine - due to their lack of caution in the surveillance and protection of their children.

Concerning the other indicated crimes, they are no more than that and despite our perception that, due to its high degree of probability, the occurrence of a homicide cannot be discarded, such cannot be more than a mere supposition, due to the lack of sustaining elements in the files.

The non involvement of the arguidos parents of Madeleine in any penally relevant action seems to result from the objective circumstances of them not being inside the apartment when she disappeared, from the normal behaviour that they adopted until said disappearance and afterwards, as can be amply concluded from the witness statements, from the telephone communications analysis and also from the forensics' conclusions, namely the Reports from the FSS and from the National Institute for Legal Medicine.

To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media before the polices was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.

Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child's death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the 'Ocean Club' resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.

[22] Questioning File on pages 221 and 226
[23] Questioning File on pages 922 and 923
[24] Questioning File on page 236
[25] Witness NAJOUA CHEKAYA (page 798) mentioned that she was asked by the Ocean Club to perform a "quiz" at the Tapas restaurant twice a week (Tuesdays and Sundays)
[26] Questioning File on page 59
[27] Questioning File on page 914
[28] Questioning File on page 3883

In a final synthesis, based on facts, it seems to us that the following can be asserted:

- On the 3rd of May 2007, at around 10 p.m., at the Ocean Club, in Praia da Luz, Kate Healy - like her, her husband Gerald and their friends, while dining at the Tapas, did with a periodicity that has not been rigorously established - headed for apartment G5A, in order to check on her three children, who had been left there, asleep;

- She'd barely entered the apartment when she noticed that her daughter Kate had disappeared, not being in her bed nor in any other location inside the residence and that the bedroom's window and shutters were open;

- Then, Kate Healy ran to the restaurant, immediately alerting Gerald McCann and the other friends;

- Following that alert, the entire apartment was searched and rummaged by an indeterminate number of people, thus resulting in the contamination of traces, with irreversible and undetermined damage in terms of the acquisition of evidence;

- Immediately, intense and extensive terrestrial, maritime and aerial searches were launched, which lasted for several days, involving hundreds of people and equipment and means, as sophisticated and advanced as presently available;

- Several hundred people were heard, formally and informally, whose hearing was anticipated as being of interest for the clarification of the matter, thousands of pieces of information and suggestions were analysed, and tens of sightings and locations that seemed plausible were checked. Telephone interceptions were performed and the traffic data from thousands of telephone conversations was analysed and crossed, and many thousands of diligences of the most diverse nature were developed;

- The obliging cooperation and commitment of Police forces from many Countries, with a very special mention for the British police entities, was counted upon;

- Tests and analyses were performed in two of the most prestigious and credentialed institutions for this effect - the National Institute for Legal Medicine and the British lab Forensic Science Service -, whose final results did not positively value the collected residues, or corroborated the canine markings;

- Despite all of this, it was not possible to obtain any piece of evidence that would allow for a medium man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively - the most dramatic - to establish whether she is still alive or if she is dead, as seems more likely.

But therefore we do not possess any minimally solid and rigorous foundation in order to be able to state, with the safety that is requested, which was or were the exact and precise crime(s) that was or were practised on the person of the minor Madeleine McCann - apart from the supposed but dismissed crime of exposure or abandonment - or to hold anyone responsible over its authorship.

Finally, it should be underlined that this case, unfortunately, is not a police novel, an appropriate scenario for a "crime" that is tailored for the success of the investigative work of a Sherlock Holmes or a Hercule Poirot, guided by the illusion that the forces of law and justice always manage to re-establish the altered order, returning to society the peace and the tranquillity that were only accidentally disturbed.

The disappearance of Madeleine McCann is rather an implacable and intricate case of real life, which lies closer to the lucid narrative by Friedrich Duerrenmatt, - "The Pledge. Requiem for the police novel" - because reality and everyday life owe little or no obedience, most of the times, to logic.

Life's events do not conform to stereotyped novel-like schemes, it is rather the case that its outcome is often the product of chance or conditioned by accidental and unpredictable factors, and therefore, hard to envision.

The investigators are well aware of the fact that their work is not exempt of imperfection; they have worked with an enormous error margin, and what they have achieved is very little in terms of conclusive results, especially concerning the fate of the unfortunate child. Nevertheless, they always knew that action was necessary and in reality they acted intensively and with commitment, even at the risk of erring.

Nevertheless, anyone who feels unsatisfied about the epilogue of the investigations, will have the possibility to react against it, having the possibility of eventually changing that epilogue, by prompting diligences based on new evidence, as long as that person has the legitimacy to request them and the requested diligences are serious, pertinent and consequent. They may do so in three ways: by requesting the reopening of the inquiry, under article 279, number 1 of the Penal Process Code; by appealing hierarchically against this dispatch under number 2 of article 278, or in another case, under number 2 of article 279 of the Penal Process Code, or by requesting the opening of the instruction under article 287, number 1, item b, of the Penal Process Code.

Finally, it should be noted that an archiving decision may be a fair decision, although of the possible justice, and, especially, to underline heavily that the archiving of the present files does not equal a definite and irreversible closing of the process. This process, as long as the prescription deadline for the possibly committed crimes does reach its term, and if new evidence that justifies it, appears, can always be reopened, officiously or through the request of an assistant, again ordinate to a final decision of accusation or non accusation.

Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:

a) The archiving of the Process concerning arguido Robert James Queriol Eveleigh Murat, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code;

b) The archiving of the Process concerning Arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.
....................

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Re: Documented Evidence

Post by Verdi on 27.05.18 22:29

continued..

Concrete Analysis

Returning to the facts, the process files originated in the report drawn up by the PJ on folio 2, telling of the disappearance of a three year old British girl. The event was communicated by the GNR to the PJ at 00.10 on the 4th May 2007.
 
According to the GNR, the disappearance would have occurred at about 22.40 (it was later checked that the detection and subsequent alarm effectively happened between 22.00 and 22.10) on 3rd May 2007, in one of the apartments of the Ocean Club resort, situated in Praia da Luz – Lagos, where the British family, composed of a couple and three young children were staying.
 
The apartment is comprised of two bedrooms, a kitchen, living room and bathroom with easy access to public roads, whether from the front or the back, where there is a small balcony and sliding doors and, at the time of the disappearance, the children were alone in the apartment. However, during dinner, the couple went to the apartment twice, during one of these visits, the mother Kate, discovered that her oldest daughter was not there and alerted the other members of the group to this fact.
 
Upon being contacted, the PJ’s intervention was immediate, they went to the scene (folios 02 onwards) where they undertook various inquiries aiming to establish the facts, a photographic report was made at the site (folios 12 – 23) as well releasing information about the disappearance, with the photograph and description of the girl, to the authorities as well as to the press, after obtaining authorisation from the Public Ministry (folios 32 – 33b and 459), a fingerprint inspection, which only enabled the collection of finger prints of those persons who had legitimate access to the apartment. The apartment was also examined by the Scientific Police Laboratory, which collected numerous traces and carried out continuous examinations, which did not lead to the full clarification of the events.
 
In order to gather information, the following day a mobile GNR post was placed in front of the apartment block, with the aim of receiving, dealing and channelling the collection of information related to the disappearance, all of them investigated by this police force in a methodical and detailed manner, some included in the inquiry and others organised in annexes in order to be able to visualise what had been done.
 
In addition to this information gathered at the mobile post, hundreds of other pieces of information from the public and the authorities were received via email or telephone and were dealt with in the same manner.
 
During this night and the following dawn, intensive searches were made by PJ officers, GNR soldiers with sniffer dogs and by members of the public organised in groups, as well as by the parents, groups of friends and employees of the resort.
At 02.00 in the morning following the disappearance two sniffer dogs arrived in Praia da Luz and continued searching until the morning, covering the entire perimeter of the Ocean Club resort, urban area, waste ground and the closest homes, all the possible sites where the girl might be having been searched, the search later being extended to the beach area, the PJ duty officer also requested the GNR to issue an order for all officers who were on patrol to be alert and identify cars and persons that were circulating at that time.
 
At 08.00 the GNR Search and Rescue sniffer dog team came into action, searches were begun from the resort in the direction of the beach, covering a 2 km area; in Praia da Luz 300m radius searches were made as well searches of abandoned houses, wells and waste land, the radius subsequently being expanded to 600m including the verges of the EN 125 motorway.
 
Subsequently an attempt was made to reconstruct the route taken by Madeleine by giving the dogs a blanket/towel used by her, but the results were not significant, given that the dogs are more trained for use in rural areas rather than urban or populated areas, the existence of more odours in the air making it impossible for the tracker dog to identify/locate the “target smell”.
 
Searches were also carried out in two camping parks in Espiche and in Praia da Luz to inspect the bungalows whose occupants had left on the day of the disappearance; the searches were extended to line searches with the help of Portimao GNR soldiers over a larger area, searches having been made of all the vehicles parked in the Praia da Luz car parks. Subsequently, the searches were extended to the villages of Barao de S. Joao, Burgau, Bensafrim and Salema.
 
A few days later 6 members of the Algarve canine team also participated in the searches.
 
On the following day, SNBPC helicopter searches were made, covering the entire area between the coast line and the EN 125, in sweeps, from N/S direction to try to find the girl, under the hypothetical possibility that she could have left the resort on foot, got lost and could be walking in the area.
 
The searches continued during the following days, over a 15 km radius, from Praia da Luz, specifically between the 4th and 10th May 2007, being carried out, amongst others, by GNR searchers and dogs, local people, GNR officers as well as personnel from BT, the Municipal Civil Protection Services, PSP, Lagos voluntary firemen and the Portuguese Red Cross.
 
The Maritime Police also collaborated actively in the searches, on the 4th May covering the coastline between Burgau and Porto de Mos, on the 5th May the coastline between Meia Praia and Praia da Luz, on 6th May between the west quay of Praia do Alvor and Sagres, on 7th May between Lagos and Burgau, on 8th May between Meia Praia and Zavial and on 9th May again the west quay of Praia do Alvor and Sagres.
 
On the 8th and 9th May 2007 the Maritime Police all the vessels moored in the Portimao marina with crews on board, this was a total of 31 vessels, also in the Rio Marina in Mexilhoeira da Carregacao and in the Albufeira Marina. Security camera images were also viewed from the Portimao Norte da Marina bay.
 
As the Lagos Marina does not have a security camera system, information was requested about the state and movements of various vessels in the Marina (report on folios 3867/3885 Vol XV) and in order to find out if Madeleine had been seen, various Marina users were contacted (Joaquim Rio, from the Pescamar vessel, Bruce Cook from the Shearwater yacht and others), as well as fishermen, Marina employees and tourists who stated that they had not seen any indications that anyone had any information that could lead to the discovery of her whereabouts.
 
In spite of the dimension of the operations, the titanic efforts, time and means applied, including those of various security forces, the localisation of the child resulted to be fruitless.
 
The British media was alerted to the disappearance, allegedly at about 02.00 on the morning of 4th May the BBC being informed, Sky news having opened its 07.00 news report on the 4th May with news of this case. Between 04.30 and 05.30 a phone call was made to the PJ by a British media channel requesting confirmation of the disappearance.
 
As shown by the inquiries made to Rachel Mampilly by means of the Letter of Request, it was she who at 02.00 telephoned the wife of a friend who was a BBC correspondent to say that Madeleine had disappeared and asking if there was any way of this appearing in the news.
 
The media was mobilised in an unprecedented way, accompanying all the police work step by step, conjecturing and elaborating scenarios, some true and others of a fantasising nature.
 
It should be mentioned in passing that this case illustrates in an exuberant and paradigmatic way, the long known risks and disadvantages that arise from “trial by newspapers”, which are not “fair trials”, the “verdicts” of which lead, at times, to distort directly or indirectly, the course of the investigation and have an effect of detracting attention and even assume, in certain sectors, aspects of a global media orgy and anticipated blame of the those involved in the case as arguidos, with disrespect for the persons’ dignity, including that of the missing girl herself.
 
As Professor Jorge de Figueiredo Dias commented in “Penal Process Law!, Volume 1, Coimbra Editora, 1974 p.227 and following “This represents a violation of the most basic principles in our penal law, by substituting the legal trial by court, the due process of law, by an absolutely illegal and unconstitutional trial by newspaper. And it is a sociologically proven fact that the excess of publicity of the penal process can even contribute to the creation of an informal system of “penal justice without judgement” where it is clear, irreparable damage is done to the presumption of innocence of the arguido and their fundamental guarantees.”
 
Within the factual context we could be facing an abduction situation, although all possibilities have always been open, as they continue to be.
 
 This abduction hypothesis was investigated exhaustively, all information leading to this and other possibilities having been examined fully. No ransom request was made, nor were there any sufficiently consistent indications to substantiate this supposed abduction.
 
Within the scope of the inquiries made along this line of investigation, two situations were clarified, with the collaboration of the Spanish and Dutch authorities, leading to the arrest of three individuals, whom had tried to extort money from the family, in exchange for false information about the girl, based on fraudulent artifice. This information, previously mentioned on folio 3 of this dispatch, can be found in the two Letters of Request joined to the files.
 
The PJ proceeded to interview 112 employees of the Ocean Club resort and Mark Warner company, specifically 15 Child care workers and 2 tennis instructors, as well as 28 informal interviews with employees from this company (fls 848 and 856) whose accounts did not report anything of relevance.
 
Inquiries were made in 443 homes in Praia da Luz, in those that were occupied their respective occupants were identified and questioned about any information they might have related to the disappearance of Madeleine McCann or to any strange situation or attitude noticed during the days preceding the event, in the case of being affirmative, witness statements were taken, in order to be formally investigated (fls 198), although no useful result was obtained.
 
Witnesses were heard who told of incidents involving children, that could not be connected to Madeleine McCann, in particular a Polish couple, on holiday in Portugal, seen to be taking photos of a child with a clear resemblance to the British girl, but again nothing relevant was found in relation to these suspicions (fls 213 to 216).
 
Photo fit pictures were drawn up, according to the indications of witnesses, who reported situations they described as being strange, specifically of individuals were seen in the proximity of the apartment during the day, but no link to Madeleine could be established.
 
Images from service stations along the main Algarve roads were visualised, with a negative result. Photos from images recorded at the Lagos A22 service station were shown to the parents, Gerald and Kate, but were not found to be useful (fls 129/133).
 
Later that night, a request was made to Silvia Baptista, the Maintenance Director, to provide a list of the guests staying at the resort and those who left on 03-05-2007 as well as the identity of the employees of the crèches where the children played during the day.
 
Fls 12 to 23 contain a photographic report of the site where the events took place, compiled on that night as well as a sketch of the apartment.
 
On the morning of the 4th, already amongst strong media coverage, the questioning of the whole group was begun (fls 34- 83), questionings that would be repeated later.
 
Fls 86 – 118 contain a report relating to the identity of the nannies (Catriona Baker and Stacey Portz) and the resort employees, as the two nannies were those responsible for the children of the McCann couple they were also questioned informally, nothing unusual was reported by them, however they questioned formally later on.
 
During the following days, with the participation of more than 100 PJ investigators, the enormous amount of diverse news about the disappearance was explored, numerous inquiries being carried out.
 
With the multiplication of supposed sightings and locations, Apenso V was opened to systemise the reports indicating the alleged presence of the girl in various locations around the world as well as the hundreds of inquiries made to confirm them. This annex is composed of 14 volumes.
 
The disappearance of the British girl, under the circumstances mentioned previously, implied the involvement of the most diverse entities, especially the intervention of the PJ, which was joined by other police authorities. In parallel, this disappearance drew the unprecedented attention of the national and international media, with particular emphasis in the UK during the following days in their peak hour news bulletins, with live reporting from Praia da Luz, as well as programmes specially dedicated to the issue.
 
Meanwhile, the girl’s parents dedicated themselves to making the most diverse contacts and appeals, divulging images of Madeleine, whilst the British authorities opened a permanent and specialised contact line in order to gather information regarding the disappearance, in addition to information from Interpol and other police partners.
 
This activity (divulgation), as well as the informative aspects coming from the media, aimed to obtain, within the shortest possible period of time, information that would help the investigation in two ways: finding Madeleine alive and the compilation of material concerning the concrete circumstances of her disappearance.
 
The public’s desire to collaborate meant that by means of the most diverse sources and varying means, focussed mainly upon communications directly sent to the police, the PJ received the most varied information.
 
From 04-05-2007 onwards, initially with a disproportionate rhythm, the PJ was sent thousands of reports of sightings and locations covering the whole of Portugal and multiple locations abroad, from neighbouring Spain to faraway Indonesia and Singapore, the missing girl having been “recognised” in the most varied locations, in multiple situations and company, in such a way that one the same day she was supposedly sighted in locations at a distance of 4.000 km apart.
 
Some of the information was lacking in any credibility because of the circumstances involved, the remaining information requiring systematisation and due follow-up.
 
There is a remaining diffused “stain” of sightings and locations (some gaining media coverage, such as those in Belgium and Morocco) that contained scarce, vague, contradictory, incompatible or incongruent elements that merited a treatment whereby, in the future, linked to more solid elements, they could be touched on and resuscitated, and which are also contained in the files.
 
Those that due to their geography and spatial-time relevance, could be credible were duly explored and included in the main body of the files and respective annex.
 
These include the deployment on 04-05-2007 to the Lagos GALP service station on the A22, East – west direction for the collection of information. A photograph of the missing girl was shown to all employees present, however no recognition was made; images were made available from the security cameras installed at the site, those recorded between 21.00 on 3rd May and 12.00 on 4th May were analysed. From the images, it was possible to observe the entrance of a couple accompanied by a girl with similar appearance, these photos were collected and printed for analysis. In the West – East direction service station the girl’s photo was also shown, with negative results, the same occurring at the Loulé Galp service station.
 
Following a communication made to the Lagos PSP reporting that in Odiaxere at about 17.00 a woman was seen pushing a pram containing a girl who could apparently be Madeleine, a woman with a corresponding description was found, but when checked she was identified as Maria Isabel C., who was accompanying her niece.
 
Subsequently and taking into consideration that within the scope of the inquiry 93/05 – 4 JAPTM, an English individual had been investigated for child abuse, it was established that the individual in question no longer resides in Portugal.
 
Denise Beryl Ashton was interviewed, who on 3rd May reported that two men were collecting money for an orphanage, which did not seem to be true, giving the following description of them: slim complexion, about 180 cm in height, short brown straight hair. He did not have a beard, moustache, earrings or piercings, but was wearing large brown framed glasses. The second individual, who did not speak, was male, Caucasian, aged 40, a bit younger than the first, slim build, she cannot specify his height, short blond hair with dark streaks, straight and brushed forwards.
 
Meanwhile, the PJ received a communication that on 4th May a Renault vehicle with number plate AQ-23-81 entered the Repsol service station in Vale Paraiso – Albufeira, driven by a Caucasian individual, medium build, aged about 50/60. This individual was closely accompanied by a small girl, light complexion, blond, aged about 3 or 4 years, but after consulting various data bases it was established that there was nothing relevant to report.
 
Derek Flack appeared before the PJ, an English citizen on holiday in Praia da Luz, staying close to the resort, to report that on the 2nd or 3rd May he noticed an individual (abut 1.70 in height, aged 25/35, dark, appearing to be Portuguese, with stubble, dark short hair and wearing a yellow T-shirt) who was standing at the corner of the path looking towards the apartment from which Madeleine disappeared. He added that close to the place where the individual was standing, on the other side of the street, there was a white parked van in which was a person who was later identified as having arrived in Portugal almost five years ago and who lived near Praia da Luz. Since the beginning of April 2007 he had taken up residence within his van. When confronted with the fact that his presence had been noted frequently near to the Ocean Club resort, he admitted that since the disappearance of Madeleine he had gone there regularly to ask British journalists for news about the girl’s whereabouts. He added that the reason for his preoccupation stemmed from her being a British girl and being of a “very tender age”. Recent investigation of his lifestyle shows that he had nothing to do with the disappearance.
 
Nuno Manuel Lourenco de Jesus was questioned, he stated that at Praia da Mareta in Sagres, whilst his children played in the sand about 40/50 m away, he noticed the presence of a man equipped with a small camera, taking pictures of his children in a veiled and hidden manner. He saw that the man took more photos of two boys, the sons of a couple who were beside him. He describes the “photographer” as being male, Caucasian, with a Latin look, dark brown hair covering his neck and with a pony tail on top. Aged between 35/40, medium build, about 170 – 175 cm in height. As regards the woman, he can only say that she had short hair, the man was dressed in immaculate white, the woman was shorter than the man. It was not possible to visualise the photographs. It was established that the vehicle he drove was hired on 28-04-2007 in Faro, at the airport by a Polish citizen, who was identified. It was later established that this couple did not have anything to do with the disappearance of Madeleine.
 
Lance Richard Purser was interviewed, he lives in the Praia da Luz area and recalls having seen, two weeks earlier, an individual aged about 35/40, slim, about 1.70, who would normally wear dark clothes, denim shirt and jeans, dark hair, straight and messy which reached his neck, however it was not long hair. He had a rustic appearance, dark skin, as if aged by the sun, and dark eyes. He says that he saw this individual more then once along the road leading to Praia da Luz, as well as close to a pharmacy in Rua Helena do Nascimento Baptista in Praia da Luz. Each time he saw him the man was alone, he did not notice any vehicles or companions. A photo fit was drawn up based upon this description.
 
Informal questioning was made of an individual suspected of child abuse and of a guest at the Marsol Hotel, nothing of interest was found.
 
Inquiries were made to locate and determine the current whereabouts and life style of individuals known to the PJ for the practice of sexual crimes, involving children or adolescents, no link to the disappearance was found.
 
A British man with strange behaviour and raised suspicions of possibly practising acts of paedophilia and exhibitionism aged between 40 and 50 was reported. This individual would walk around with a long lens camera and appeared to have a special fixation for children. Nothing of relevance was found during the inquiries made.
 
A bag containing a stone was collected from a cliff in Ponta da Piedade, which was probably left by a fisherman, but not of interest to the investigation.
 
It was known that on the night of the events being investigated, between 20.15 and 20.30, in the area of the Largo do Chafariz video club a white male, tall, with a beard, aged about 30, of stocky build, whom had never been seen in Praia da Luz previously, was spotted walking around. This was found to be a German citizen who said that at the time of the events he was at home alone, he works in civil construction and had nothing to do with the facts being investigated. When his house was visited, nothing was found of interest to the case.
 
Following an anonymous phone call stating that the girl was in the house of a Dutch couple in Monte Judeu, inquiries were made at the site, the house having been located and the couple approached, who voluntarily identified themselves. Informally, the couple said that on the night of the events they had been at home, in the company of their daughters aged 14 and 16, who go to local schools. They have lived in Portugal for several years and nothing was found during the visit to their home.
 
Fls 524 to 531 contain various information communicated to the PJ about sightings of Madeleine in different sites, which were revealed not to be true.
 
They also contain sightings in S. Pedro da Cova, Gondomar, Senhor da Pedra in Miramar, Vila Nova de Gaia on 07-05-2007, which were found not to be true.
 
Tasmin Milburn Silence was questioned, who began by saying that she lived in the apartment where the girl was staying when she disappeared, she said that on 30th April at about 08.00 when she was walking to the bus stop, a trip she makes on each school day, she noticed the presence of a male individual, behind Madeleine’s apartment, standing on a path leading to the apartments and apparently looking at the balcony. This happened when she was walking down the road, on the left, the man was standing in front of the balcony, the distance that separated them being the width of the road. At this moment she saw the individual more closely, as she crossed, losing sight of him afterwards. She saw him again on 2nd May. She began to walk up the road on the left hand side, seeing the individual at that moment, standing in front of the Ocean Club reception, this time looking more clearly at Madeleine’s apartment, she believes, at the two side windows of the house and part of the balcony. She directly observed the individual, from a distance corresponding to the width of the road. She describes him as: Caucasian, clear complexion, about 1.80 tall, slim build, aged 30/35, with short fair, shaven hair about 1 cm long. He had a big forehead. Nose of a normal size, sharp and pointed. Big hears but flat against his head. A moth with fine lips, a prominent chin in what she noted to be a sharp face.
 
She said that she would be able to recognise this individual in person and from photographs and make a photofit. When shown photographs of individuals with coinciding physical and criminological features to the details she had described, the result was negative.
 
Inquiries were made that led to the identification of an English individual, with a criminal background, namely in crimes of a sexual nature, and who was the target of various inquiries without incriminatory results. Inquiries of the same kind were made with regard to other individuals, without yielding any results of interest to the investigation, as can be found in Apenso VI.
 
A situation was investigated relating to two individuals, Neil B. and Rajinder B., especially as regards the former, whose information was crossed with Tasmin Silence’s witness account, the photofit showing that this was not the same individual. In spite of the inquiries made, including by means of the Letter of Request, nothing was found to link him to the disappearance of the British girl.
 
Martin Smith was questioned, who said that at the beginning of the Travessa da Escola Primária he saw an individual carrying a child, walking in the opposite direction, at a normal pace, when he passed this individual it must have been about 22.00, being totally unaware that a child had disappeared. Later he states that when he saw Gerald McCann on the news, leaving by plane, he appeared to him to be the individual whom he had seen on the night of 3rd May in Praia da Luz.
 
This witness was heard again by the Drogheda Irish police on 23-01-08, having been shown a video clip of Gerald McCann’s departure by plane carrying one of the twins. This witness maintains his belief that judging by the posture, there seemed to be a probability of 60-80% that the person seen by him at about 21.55 at the previously mentioned place, was Madeleine’s father. At this time, Gerald’s presence at the restaurant was confirmed by his friends and has not been denied by restaurant employees.
 
The sighting in Mem Martins on 11-06-2007 is also mentioned and was found not to be truthful.
 
Hoos Hendrik, owner of an animal crematorium, appeared before the PJ, to clarify that he had nothing to do with the disappearance, contrary to insinuations that had been made.
 
Fls 3447 contains information provided by the Spanish agency Método 3, that in Vale Barrigas, Sao Bartolomeu de Messines – IC – km 71 7.4 a witness saw a woman hand a blanket wrapped bundle to a man over a 160 cm high metal fence. The woman seen next to the car was similar to Michaela Walczuch: however, from an analysis of mobile phone activity and the activation of antennas, it can be seen that on 4th May 2007, between 15.00 and 17.00, Robert Murat, Michaela Walczuch, Sergey Malinka and Luis Antonio were in the zones of Lagos, Porto de Mós, Penha, Alvor and Praia da Luz, all of these sites being located at a distance of more than 65 km from the place the witness refers to.
 
Gerald McCann was seen on 07-05-2007 at 14.26 in the centre of Lagos speaking on his mobile phone, asking that no harm should come to Maddie, when it is certain that on the 7th he activated antennas in Praia da Luz and at 14.16 he activated antennas in the centre of Praia da Luz.
 
Based upon the report containing information, statements and photofits of a possible suspect who could be involved in the disappearance of the girl, which the British police delivered to the PJ on the basis of Gail Cooper’s description, the PJ contacted Joaquim José J. M. (Quim Zé) with the aim of locating his whereabouts, concluding that there were no physical similarities with his face nor hair.
 
Based upon the same report, the PJ was informed that an individual named Augusto looked similar to the photofit, which was dismissed by an acquaintance of his who saw the photofit.
 
A.K.B. who had been reported to the police, was located and it was found that, in spite of there being some similarities, he was not the same individual as the one referred to in the photofit, as well as taking into account that an analysis of his mobile revealed that he had not activated any antenna in Praia da Luz.
 
A search was made of the home of M.R.A., who was suspected of crimes of a sexual nature in an ongoing investigation, but nothing relating to the disappearance of Madeleine was found.
 
It was established that the disappearance of Madeleine was not connected in any way with the death of the small Spanish girl Mari Luz Cortés, the only common denominators being the relative geographical proximity and that they were female children of approximately the same age.
 
Based upon the statement made by the witness Michael Wright in the Letters of Request about the fact that “a George” had seen a couple carrying a child on 04-05-2007, it was established that the situation had already been clarified in May 2007.
 
Information was also clarified regarding an unknown individual with suspicious behaviour during the days preceding the disappearance, next to a phone booth close to the Golfinho restaurant, no relation being found between the numbers contained in the listings of calls made from that public phone and Madeleine’s disappearance.
 
Equally, it should be emphasised that the arrival of an enormous quantity of news of a fantasising nature and lacking any credibility which obliged the investigation to carry out constant and considerable efforts for their clarification, which assumed even more importance as it was known that time was pressing in the fundamental concern of finding the missing girl.
 
The result of these inquiries is contained in the files and annexes, thousands of man hours having been spent in drawing them up.
 
The PJ also proceeded to question the parents of the missing girl and the group of friends (fls 34 and following) already referred to on fls 5 of this dispatch:
 
Gerald Patrick McCann – apartment 5 A
 
Kate Marie Healy – apartment 5 A
 
David Anthony Payne – apartment 5 H
 
Fiona Elaine Payne – apartment 5 H
 
Dianne Webster – apartment 5 H
 
Russel James O’Brien – apartment 5 D
 
Jane Michelle Tanner – apartment 5 D
 
Matthew David Oldfield – apartment 5 B
 
Rachael Mariamma Jean Mampilly – apartment 5 B
 
In summary, of the witness accounts gathered, it is important to highlight the statements made by Gerald, Jane Tanner and David Oldfield.
 
On 3rd May, the daily routine went as usual, the McCanns having headed for the apartment at 17.30/18.00, accompanied by their children. After this period and until 19.00 they bathed the children, fed them again with light foods, played with them a bit and put them to bed, the parents stating that at about 19.30 the three children were asleep. Gerald remained at the tennis courts until 19.00.
 
Afterwards the parents had some drinks, got ready for dinner, leaving at about 20.30 in the direction of the Tapas restaurant (a walk of just over one minute). Upon leaving, as usual, they left by the balcony door, which, not locked from the outside, remained pushed to, as this was the shortest route to the restaurant and consequent return, whether to check on the children or whether for their final return.
 
The checking of the children by that route, was a daily practice, made, allegedly, in intervals of half an hour, which, as shown by the files and which will be taken up further on, was in truth extended to periods superior to one hour.
 
The McCann couple were the first to arrive at the restaurant, having entered into conversation with a couple who were not part of their group, but also British, their surname was Carpenter. As time passed, the others arrived.
 
At about 21.00 Matthew and Russel went to check on the children, having first listened at the window, from the outside, of Madeleine’s bedroom, located at the facade of the apartment block, on the ground floor.
 
Upon his return, Matthew did not report anything unusual. Russel stayed in his apartment as his daughter was ill.
 
At 21.05, given that Matthew had not entered to check on the children, Gerald McCann went to the apartment. He left through the secondary reception, walked up the road for about twenty to thirty metres and entered via the metal gate, next to the apartment, leading to the garden/patio. He entered the apartment via the sliding doors, which, as mentioned previously, were not locked. He crossed the living room and went to the children’s bedroom, noticing that the bedroom door was wider open than usual, as ha had left it more pushed to. He presumed that Madeleine had got up due to some physiological need. He entered the bedroom and checked that all three children were sleeping calmly. He went to the WC and left via the same route.
 
Upon coming out of the gate, he met Jeremy Wilkins, an acquaintance of his from tennis sessions, also British, who was taking his son for a walk in his push chair and who was also on holiday at the Ocean Club. He spoke to him for a few moments, before returning to the Tapas at about 21.15.
 
At 21.10, given her husband’s absence, Jane Tanner went to check on the state of her daughter. She left by the reception and walked up the road that passes the entrance to the apartment block. She was not seen by Gerald McCann, nor by Jeremy Wilkins, although she did see them. Gerald had his back to her, however Wilkins was facing the place where Tanner passed.
 
At the precise moment when she passed the two of them, she noticed, at the top of the road, an individual walking, with a prostrate child across his arms, the child was barefoot and wearing pyjamas, walking in the opposite sense to the entrance to the apartments. She thought it was a father with his child.
 
She only told of this situation after the disappearance had been discovered and she had associated the two, saying that it was Madeleine, as she was wearing identical pyjamas. A photofit was made, without including facial features, a description of the individual and his clothes was given to the media, in case anyone could clarify who the individual was (fls 1592) – no response was obtained.
 
At about 21.35, half an hour later, Kate wanted to go and check on the children, Matthew volunteered to undertake this act, as he was also going to his apartment, with the same purpose. He took the usual route and entered the McCann’s via the sliding doors, which were open/pushed to.
 
When he was in the middle of the living room, where there was some light, he saw the twins in their respective cots, as the door was open, however, he did not enter the children’s bedroom and therefore could not see if Madeleine was asleep in her bed.
 
Upon his return, he said that all was well. When questioned, he said that he thought that the children’s bedroom was lighter than could be expected if the windows were closed and lights turned off. He could not clarify the state of the window nor why there was light.
 
Half an hour later (22.00), according to their reports, Kate Healy went to the apartment to check on the children. She entered via the sliding doors, which she closed upon entering, and saw that the children’s bedroom door was slightly wider open than they had left it when they went to dinner. Upon closing the bedroom door, she felt a current of air, which led her to inspect the bedroom more carefully, and she noticed that her daughter Madeleine, had disappeared. The bedroom window was wide open, the shutters were raised and the curtains were drawn open. The bed was practically untouched, her daughter’s soft toy at the head.
 
In a state of alert and panic, she searched the whole apartment, not managing to find the girl, which led her to go, already quite upset, to the Tapas restaurant, saying that her daughter had been taken, a clear allusion to an abduction, justified by the fact that the window was open. During this interval, the twins remained alone in the bedroom, asleep. They did not wake during the night, in spite of the number of people present and inevitable associated noise.
 
The PJ specialist team, which went to the site to collect evidence, excluded the existence of any product that could have been administered to the missing girl in order to maintain her in a state of unconsciousness nor the presence of blood traces.
 
Having been informed of the disappearance, the whole of the group went to the McCann’s apartment, accompanied by Ocean Club employees, who once again searched the apartment and adjacent area, without any results.

....................


The End

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