Important Official Documentation

16_VOLUME_XVIa_Page_4245
16_VOLUME_XVIa_Page_4246

able of Contents : Pages 4245 to 4246?"Email from Rachel and Matthew Oldfield 2008.04.30"

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gon?lves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Rachael and Matthew. It implies that after Legal Advice is sought then Rachel and Matthew may be prepared to take part but are unable to do the dates the 15th to the 17th May 2008.
Give me a call
Stu

---------------Original Message------------------
From : Rachael Oldfield
Sent : 30th April 2008 11.03 am
To : Prior Stuart
Cc : Matthew Oldfield
Subject : Witnesses' Questions

Dear Stuart,

Thank you for the e-mail and your voice message yesterday evening. The tone of the reply from Portugal has changed and Matthew and I feel we need to take Legal Advice before making a commitment to return to Portugal.

In any event, it will now be impossible for us to make the 15th to 17th May.
We would be grateful if you could get other dates from the Portuguese when the reconstruction could take place.

We will speak to our Lawyer and come back to you in due course.

Please give me a call if you wish to discuss.

Kind regards,

Yours Sincerely,

Rachael and Matthew Oldfield


----------- On Wed, 30th April 2008, Prior Stuart, wrote :

From Prior Stuart
Subject : Witnesses' Questions
To : Rachael Oldfield
Date : Wednesday, 30th April, 2008 4.07 am

Dear Rachael and Matthew,
This is the response that I have received from Paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier replies.

I will call you shortly to discuss this further,

Thanks

Stu

Page 4246 (Page 2 of 2)

From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciaria, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the wittnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,
Best regards
Paulo Rebelo
CSIC
4248 to 4250 Email from Fiona and David Payne re reconstruction 2008.04.30
16-Processo Vol 16....Page 4248 to 4250
16_VOLUME_XVIa_Page_4248
16_VOLUME_XVIa_Page_4249
16_VOLUME_XVIa_Page_4250

Table of Contents : Pages 4248 to 4250?"Email from Fiona and David Payne re reconstruction 2008.04.30"

Processo Vol 16....Page 4248 (Page 1 of 3)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gon?lves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Fiona, David and Dianne.
It implies that after Legal Advice is sought then Fiona, David and Dianne may be prepared to take part.
They make it clear that they are not refusing to take part.

Give me a call

Stu

( Note : in the part of the e-mail which says "it implies that etc", the original text referred to Rachael and Matthew may be prepared to take part. I presume that this was an error on Mr Prior's part, and have entered the names of Fiona, David and Dianne instead )

From : Fiona Webster ( fionaelainewebster@xxxxx.com )
Sent : 30th April 2008, 10.37 am
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

Thank you for your e-mail. We did get your message on my phone also.

Having read the attached letter, there appears to be a shift in the nature and the tone of the request for the re-enactment from something informal and friendly to a formal summons. We do not understand the laws that are being quoted and thus feel it is essential to seek legal advice.

We want to make it absolutely clear that we are NOT refusing to take part in this re-enactment.

Kind regards

Fiona and David Payne


-------------------Original Message----------------

From Prior Stuart
To : fiona webster
Sent : Tuesday, 29th April, 2008 7.04 pm
Subject : Witnesses' Questions

Dear Fiona, David and Dianne,

This is the response that I have received from paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier

Page 4249 (Page 2 of 3)

replies.

I will call you shortly to discuss this further,

Thanks

Stu

From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciaria, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the witnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,

Best regards

Paulo Rebelo

CSIC
Page 4250 (Page 3 of 3)

Thank you for your cooperation.

Leicestershire Constabulary.

Table of Contents : Pages 4252 to 4254?"Email from Jes Wilkins re reconstruction 2008.04.30"


Processo Vol 16....Page 4252 (Page 1 of 3)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gon?lves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Jes.
It implies that if each of the other witnesses' are going to take part then Jes will consider his position as to whether he will attend or not.

Give me a call

Stu


From : Jes Wilkins ( Jes@xxxxxx.uk.com )
Sent : 30th April 2008 12.09 pm
To : Prior Stuart
Subject : Witnesses' Questions

Thanks for this and for your message.
I'm not sure what they mean by witnesses' being compelled to attend as my understanding is that I am under no obligation ?
My position remains the same really. As you mentioned in your message last night if everyone else is on board and I am the only outstanding person saying no I would be more likely to reconsider.
Feel free to call me if you wish to discuss it further.
Best
Jes

--------------------Original Message--------------------

From : Prior Stuart
Sent : 29th April, 2008 19.10
To : Jes Wilkins
Subject : Witnesses' Questions

Dear Jes,

This is the response that I have received from Paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier replies.

I will call you shortly to discuss this further,

Thanks

Stu



Page 4253 (Page 2 of 3)

From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciaria, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the wittnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,

Best regards

Paulo Rebelo

CSICPage 4254 (Page 3 of 3)

Thank you for your cooperation.

Leicestershire Constabulary.

NUIPC - 201/07.0GALGS
4th Brigade
Inspector Joao Carlos



To: The Coordinator of the Criminal Investigation

With regard to the express mention in the Letter of request sent to the UK authorities, which requests that various of the witnesses pronounce themselves as regards to their availability to travel to Portugal with the aim of participating in a reconstruction of the events, different positions about the subject from these witnesses were received by Leicester Police.

These positions, reached after various requests for clarification from the witnesses in question, are contained in the messages that precede this note.

I submit these for your consideration.

CONCLUSION

Portimao 30th April 2008

Signed

Inspector
Joao Carlos

From The Public Prosecutor's Office
Portimao Circuit


Conclusion on 2-5-2008

The reconstruction of the events is an act foreseen in Portuguese Law (article no. 150 of the Penal Process Code, the transcription follows this communication and forms an integral part of it) consisting of the reproduction, as faithful as possible, of the conditions under which the events or supposed events took place and of its repetition.

The re-enactment has a very particular nature in the present process files as it aims to reconstruct events that occurred almost a year ago, aiming to achieve an approximation of the conditions that occurred and, on the other hand, not under estimating the inconvenience represented by the travelling of a group of citizens to Portugal, in spite of this representing a mark of solidarity amongst friends as well as a particularly painful and difficult situation amongst friends.

Although this is considered to be a very important diligence for the investigation, it will only take place if the witnesses indicated below are present, taking into account that the arguidos have already manifested their availability to participate in the reconstruction.

The objective is that all the participants (the arguidos Gerald McCann and Kate Healy, the witnesses who on 3rd May 2007 were dining in the Tapas Restaurant and would leave to check whether their children were sleeping in their respective apartments, as well as another witness who spoke to the aguido Gerald) repeat what they did that day, as faithfully as their memory allows them to, in order to check what was said in the statements in the process files, enabling conclusions to be made about how things took place at the scene and thereby make adjustments to enable the investigation evaluate the need for any additional procedure.

The reconstruction in which the persons referred to previously would participate, as well as incidentally any other protagonist whose presence may be necessary in order to visualise the events, would take place between 17.30 and 23.00 on the 15th, being the day destined for formalising all diligences, this being the date previously combined and of which all participants were informed, which is not susceptible to change given the circumstances of time and place in which this would occur.
The reconstruction would take place in the space of the Tapas restaurant, the apartments blocks where the events occurred and surrounding areas, done by the PJ with recourse to filming and with the collaboration of all police entities that the PJ summons for collaboration.

The notification of the arguidos Gerald and Kate will be done through their legal representatives and that of the witnesses, David Anthony Payne, Fiona Payne, Dianne Webster, Russel O' Brien, Jane Tanner, Matthew Oldfield, Rachel Mampilly and Jeremy Wilkins will be done through collaboration with the UK police upon request from the PJ, copy of this communication should be delivered regarding the reconstruction to each of the participants.

Please prepare accordingly.


Annex: transcription of article 150 of the CPP:


Of the Reconstruction of Events

Article 150

Presumptions and Proceedings

1. When it is necessary to determine if an event could have happened in a certain manner, it is admissible to proceed to its reconstruction. This consists of a reproduction, as faithful as possible, of the conditions in which the event was reported or supposedly occurred and of the repetition of the way in which this occurred.

2. The office that orders the reconstruction of events should have a succinct indication of its objective, the day, time and place in which the diligences would take place and the form of their effectiveness, eventually with recourse to audio-visual means. The same office can be designated as the evaluator for the execution of determined operations.

3. Publicity of the diligence should, as far as possible, be avoided.



Remitted to the process files and to Mmo JIC: as a result of communication dated 14-1-2008 (page 3835) the period for the inquiry began with the entry into force of the reform to the CPP, in other words on 15-9-2007, therefore this period is of 8 months as foreseen in article 276 no. 1 of the CPP, meanwhile the investigation continues with various other diligences, now with the compliance of the Letter of Request sent to the UK authorities and with the reconstruction that will take place this month, which renders unviable the presentation of the final archiving or accusation despatch. Lastly, but not less importantly the progress of the investigation inquiries demands that access to the process files be postponed for a period of 3 months, to be determined in the terms laid down in article 89 no. of the CPP.

From: Portimao Public Ministry
To: Rogerio Alves


Process 201-07 GALGS

Date: 05-05-2008


Subject: Despatch


You are notified, in your capacity as legal representative of the arguida Kate Marie Healy, of the terms for the following effects:

Of all the contents of despatch in the process files mentioned above, a copy of which is attached.

Mara Lucia Nascimento Duarte

From: Portimao Public Ministry
To: Rogerio Alves


Process 201-07 GALGS

Date: 05-05-2008


Subject: Despatch


You are notified, in your capacity as legal representative of the arguido Gerald Patrick McCann, of the terms for the following effects:

Of all the contents of despatch in the process files mentioned above, a copy of which is attached.

Mara Lucia Nascimento Duarte

The Public Prosecutor
Portimao Circuit

Conclusion on 8-5-2008

It was noted that the circumstance of the date designated for the reconstruction is not compatible with the formalities required for the notification of witnesses.

Therefore the days now designated are the 29th and 30th May 2008:

A: Notify the arguidos Gerald McCann and Kate Healy of this despatch in person, by means of their legal representatives.
B: Notify by means of registered express mail, the terms laid down in article 5 no.1 of the CONVENTION RELATING TO MUTUAL LEGAL ASSISTANCE IN PENAL MATTERS BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION, signed in Brussels on 29th May 2000, the witnesses indicate as follows:

1. David Payne (DOB 14-04-66)
Fiona Payne (DOB 29-08-72)

2. Matthew Oldfield (DOB 04-01-69)
Rachel Mampilly (DOB 11-11-70)

3. Dianne Webster

4. Russell O'Brien
Jane Tanner

5. Jeremy Wilkins

C Also notify the witnesses that they can obtain information from the Portuguese authorities about their rights and obligations relating to the reconstruction (no. 4 of article 5 of the Convention mentioned before).

D. Notify the witnesses that the Portuguese authorities guarantee the payment of travel and accommodation costs for the reconstruction.

E. Remit an English translation of the previous despatch from the process files about the reconstruction with the changes required for the newly designated days

Processes Section
Process no. 201/07.0 GALGS

Date: 12 May 2008 [date on stamp signed by Justice Officer no 841347(signature unintelligible)]

To:
Excellency Public Ministry Magistrate
Portimao Public Ministry Services

Gerald Patrick McCann, arguido identified in the above mentioned process acts, has been today notified that the days 29 and 30 May 2008 were designated for the reconstruction of facts [translator note: events],

He requires to your Excellency the postponement of the said step [diligence], given the impossibility of his mandatory [representative] to attend on the designated days, since on 29th May he will be at the audience of the judgement (of an arguido subject to the obligation of remaining at his residence [in PT: T.I.R. - Termo de Identidade e Residencia]) of the process number 9872/06.4 TDLSB, which is happening at the 2nd Criminal Court of Oeiras District and, on the 30th May will be in the last session of the audience of the judgement of the process no. 1774/02.0 TAALM, which will happen at the 3rd Court of Criminal Competence of Almada's district, where the final allegations will take place. Adding that the above mentioned diligence, set for the 30th, was inclusively, subject of a postponement since it coincided with the date initially set for the reconstruction.

Therefore, given the impossibility of postponing the abovementioned audiences [trials] and due to the essentiality of the presence of the undersigned in the reconstruction of which he was now notified for the reconstruction of the facts and on the two above mentioned diligences [the trials], it is requested to your Excellency to start proceedings to set a new date for the making of the reconstruction. Thus, manifesting here the complete availability in the agenda for the days 5 and 6 of June and 19 and 20 of the same month.

sent: legal duplicates

Signature and official lawyer's order stamp

Carlos Pinto de Abreu

Conclusion 12-05-2008

Request made by Gerald McCann presented at 22H26 on 9-5-2008 by fax:

The days 29 and 30 May 2008 designated for the reconstruction, already represent an alteration that it was necessary to make with regard to the dates originally foreseen because of taking into account the approximation to the conditions in which the events occurred.

The this is added the fact that the type of action necessary for the reconstruction involves complex logistics in order to find a balance between the various interests and factors in play, given that the site where the reconstruction would take place is a tourist resort with much presence, namely of foreigners on holiday, having all the inconvenience that this would bring.

It is therefore not viable to proceed to the new alteration, unfortunately because of the balance mentioned above not being able to count with the interests referred by your illustrious self on the arguido Gerry McCann, however, in the hope a solution is found.

The requested change of date is therefore refused.

Table of Contents : Vol 16..(PDF page 170 )..Page 4301?"Letter from Rebelo to Stuart Prior 06.05.2008 (English)"

Vol 16 Page 4301 (Page 1 of 1)

Portimao, 6th May 2008

Caro Stuart :

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you to notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.

Thank you again for your cooperation.
Best regards
(signed)
Paulo Rebelo
CSIC

P.S. At this moment, we have our e-mail system unavailable. As soon as possible, we'll send the notifications in that way, in Portuguese and English.

Table of Contents : Vol 16..(PDF pages 172-174)....Pages 4303 to 4305?"Legal details re reconstruction and Portuguese law (English)"

Vol 16 Page 4303 (Page 1 of 3)

Completed on 2nd May 2008.

=CLS=

The re-enactment of the fact is a procedure set forth in the Portuguese Law (Section 150 of the Portuguese Code of Criminal Procedure, which is below given as part of this order) and consists of re-enacting, as accurately as possible, the
situation where an event is said or is supposed to have occurred, and it also consists of repeating the way it has happened.

The re-enactment has, in this inquiry, a rather particular nature, taking into account that it aims at re-enacting facts occurred about a year ago, by means of a proximity to the situation in which they occurred, and also being aware of the
inconvenience that a trip to Portugal might represent to a group of British Citizens, although knowing that it represents a milestone of solidarity among friends and towards friends who find themselves in a particularly painful and difficult situation.

It shall also be noted that, although this procedure is considered to be very important to the investigation, it will only take place if all the below mentioned witnesses are present, considering that the arguidos (formal suspects) have already shown they are available to participate in the re-enactment.

The purpose is to gather all the participants - the arguidos Gerald McCann and Kate Healy, the witnesses who were having dinner at the Tapas Restaurant on 3rd May 2007, and who took turns to check on their children who were sleeping in the
respective apartments, as well as another witness who spoke with the arguido Gerald-, who will perform what they did on the abovementioned date, as accurately as they recall, so that what is in their written statements can be confirmed. This will allow conclusions to be drawn on how things happened on site, thus making adjustments that will allow the investigation to determine the need for any supplemental procedure.


Page 4304 (Page 2 of 3)

The re-enactment that shall have the participation of the abovementioned group of people, as well as of any character whose figurative presence might be necessary to the visualization of the events, shall take place on 15th May, between 5.30 p.m. and 11.00 p.m. On 16th May all the procedure shall be formalized, according to what had already been settled for this date and considering that all the participants meant to be present have already been informed accordingly. This cannot be subject to any change due to the time and place where the procedure shall take place.

The re-enactment will be performed at the space of the abovementioned Restaurant, Block of Apartments where the facts occurred on that date, and in the surrounding area, and it will be carried out by the Policia Judiciaria, with the respective video recording and with the cooperation of the Police Authorities required by the PJ.

The arguidos Gerald and Kate shall be notified through their Legal Representatives. The notification of the witnesses David Anthony Payne, Fiona Elaine Payne, Dianne Webster, Russell James O'Brien, Jane Michelle Tanner, Matthew David Oldfield, Rachael Mariamma Jean Manpilly and Jeremy Wilkins shall be made with the cooperation of the British Police, at Policia Judiciaria's request.

Each notified person shall receive a copy of this Order - concerning the re-enactment.
Proceed accordingly.

APPENDIX - Copy of Section 150 of the Portuguese Code of Criminal Procedure

Of the re-enactment of events

Section 150

Assumptions and Procedure

1- A re-enactment of events is admissible whenever deemed necessary to ascertain whether a fact could have occurred in a determined way. This consists of reproducing,



Page 4305 (Page 3 of 3)

as accurately as possible, the situation in which the fact is said to have occurred or is supposed to have occurred, as well as of repeating the way it has happened.

2- The Order requring the re-enactment of the fact shall bear a short indication as to it's object, date, time and place where the procedure shall take place as well as to the way it will be carried out, eventually using audiovisual means. The same Order shall appoint experts to carry out specific operations.

3- Publicity of the proceedings shall be avoided as much as possible.

Email from J. Tanner to Stuart Prior
Processo/16 - VOLUME XVIa.pdf)
Vol XVI p. 4310
08 May 2008 10:05

(Processo/16 - VOLUME XVIa.pdf P179,180)

Dear Stuart,

Thanks for your call last night.

I spoke with Rachel last night who is chasing Brian Spiro for a response to our legal queries. We are hoping to have that today.
Until then we cannot give a definitive answer. However I believe Matt and Rachael cannot do that date, so it may be immaterial anyway!

I would just like like to reiterate what I said last night, in that it is so sad we have to consider so many peripheral issues rather than just doing everything we can do to help find Madeleine.
Thanks and regards.
Jane

Email from Rachael Oldfield to Stuart Prior

10 May 2008 10:14

(Processo/16 - VOLUME XVIa.pdf P181,182)
Vol XVI p. 4312

Dear Stuart,

Further to our recent emails, Matthew and I have made the decision not to return to Portugal for the proposed re-enactment on 15th/16th May 2008.

We will respond to the formal notification when we receive it as well.

If you need anything further from us, please do not hesitate to give me a call.
Kind regards.
Rachael Oldfield

Email from Russell O'Brien to Stuart Prior 10 May 2008 14:56

(Processo/16 - VOLUME XVIa.pdf P183,184,185)
Vol. XVI p. 4314

Dear Stuart.

Apologies for the late reply.

We gather now that at least Jez Wilkins, Matt and Rach and Dave/Fi are not going/able to make the re-enactment. Given the prosecutor's requirement for all to be in attendance or none at all, and the absolute nature of the planned date, the decision appears to be academic ...

I hope you are well.

Best wishes,

Russell & Jane

Email from Fiona Webster to Stuart Prior
12 May 2008 12:32
----------

Table of Contents : Processo Vol 16..(PDF page 186-187)...Pages 4317-4318..."4317-Further email from Fiona and David (English)"

Processo Vol 16 Page 4317 (Page 1 of 2)

Ricardo Manuel Goncalves Paiva

From : Prior Stuart
Date : 12th May 2008 12:58
To : Ricardo Manuel Goncalves Paiva
Cc : Graham Michael : Walters Jane
Subject : FW : Portugal Re-enactment

Ricardo
and another one
Stu

Stu Prior
Detective Superintendent
Leicestershire Constabulary

(The above is referring to the added e-mail from Fiona Webster which follows)

From : fiona webster ( fionaelaine webster@xxxxx.com)
Sent : 12th May 2008, 12.32
To : Prior Stuart
Subject : Re : Portugal Re-enactment.

Dear Stuart

We have now had time to consider the advice received from our legal team. Taking into account the advice given along with our many concerns previously mentioned to you; we feel we are unable to participate in the propoed (sic) re-enactment in Portugal.

Kind regards

Fiona and David Payne, and Diane Webster

From : Prior Stuart ( Stuart.Prior@Leicestershire.pnn.police.uk )
To : fiona webster ( fionaelainewebster@xxxxx.com
Sent : Wednesday, 7th May, 2008, 5.52 p.m.
Subject : Portugal Re-enactment

Dear Fiona, David and Dianne,



Processo Vol 16 Page 4318 (Page 2 of 2)

I have received the attached document from Portugal concerning the request for you to attend the proposed re-enactment on the 15th and the 16th May, 2008. I would like to confirm that this e-mail should not be considered the service of the formal notification, but due to the short time scales involved is a notification to enable you to consider it's contents. The document will be formally sent to you by the Portuguese.

The request outlines the reasons for the process and the Legal justification as is appropriate for persons residing in Portugal.

After you have considered this e-mail, they have requested that if possible you confirm via e-mail to myself, whether you will be attending or not to assist with their planning of the event. I guess this will be after you have consulted your Legal team. I have already relayed your previous responses to the Portuguese and explained that you would get back to me after taking Legal Advice.

They again confirm that if any of the witnesses do not wish to attend then the re-enactment will not go ahead, but I also appreciate that Rachael and Matthew have indicated a difficulty with the 15th and the 16th May, 2008.

Likewise I have been advised by the Portuguese that they have no Legal Powers to order you to attend and there will be no penalty if you do not do so.

Please do not hesitate to contact me if you wish to discuss this further.

Stu

Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

From : Stuart Prior

Sent: Friday, 23rd May 2008

To: Ricardo Paiva

Subject: FW Re-enactment Dates


Ricardo,

This is the second reply I have received, just waiting for the final two.
Russell asks if the below e-mail is all that is required or do the O'Briens need to do anything further in response to the letter.
Will let you know when the Paynes respond.
Stu.


From: Russell O'Brien
Sent: 23rd May 2008
To: Prior Stuart
Subject: RE: Re-enactment Dates


Dear Stuart,


We gather that Rachel has already contacted you saying they won't be returning for any re-enactment. Once again, it seems an academic matter if there is not going to be 100% attendance.

Furthermore, we think it is hard to imagine a productive return to Portugal whilst Kate and Gerry remain arguidos. Secondly, the Prosecutor astonishingly referring to them as 'offenders' in their letter implies they are already considered to be guilty, and will be treated as such by the police and press. Furthermore the leaking of the date even before your email completely contradicts the letter's pretence to secrecy for the re-enactment.

It was not entirely clear from the letter who to reply to,. Judging from your email below, is this correspondence to you sufficient?

Best wishes

Russell and Jane

From: Prior Stuart
Sent 15th May 2008
To: Russell O'Brien

Subject: Re-enactment Dates


Dear Jane and Russell,

Just for your information I have been informed today that the prosecutor in Portugal has amended the dates for the proposed re-enactment to the 29th and 30th May 2008.

This new date will be within the written notification that has been sent to you from the Portuguese prosecutor's office.

When you have decided how you will respond to this further notification could I ask that you notify myself.

If you wish to discuss this matter further do not hesitate to contact me.

Regards,

Stu

Prosecutor of the Republic
Portimao Circuit
CONCLUSION on 26-5-2008

As referred to by the despatch that ordered the Reconstruction, in spite of this being considered a very important diligence for the investigation, it would only take place if the witnesses who were notified were present as well as the arguidos who had expressed their availability to participate. The witnesses Russell O'Brien, Jane Tanner, Matthew Oldfield and Rachel Mampilly have informed the process that they will not attend, therefore the reconstruction has no sense.

The notification of the arguidos Gerald and Kate was done by means of their legal representatives and notification of the witnesses David Payne, Fiona Payne, Dianne Webster, Russell O'Brien, Jane Tanner, Matthew Oldfield, Rachel Mampilly and Jeremy Wilkins was done with the collaboration of the UK police upon the request of the PJ.

Taking into account that the PJ is available to begin to translate the Letter or request, but also having a large quantity of documents to translate, and as part of the Letter of Request has already been delivered for translation, the statements of Amanda Coxon, Michael Wright, Linda McQueen, Justine McGuinness, Peter Patterson, Michelle Thompson, Emma Knights, Kenneth Walden, Carole Tranmer and Nicky remain to be translated.

Paynes re: non-attendance at reconstruction"

Vol 17 Page 4419 (Page 1 of 1)

Fiona and David Payne
xx Knxxxxxx Chxxxx Roxx
Leicester
UK
LEx 3xx
Servicos do Ministerio Publico de Portimao
Av Miguel Bombarda
Palacio da Justica
2 Piso
8501-960 Portimao

22nd May 2008

Dear Maria Luisa,

We are in receipt of your letter dated 9th May 2008 Ref 3951281

Following great consideration, we regret to inform you that we do not wish to attend the proposed re-enactment in Portugal.

Kind Regards

Yours sincerely

Fiona and David Payne

Public Ministry of Portimao
Case Section
Case 201/07 GALGS


Dear Sir
Public prosecutor


Kate Marie Healy arguida in the case referred to above, having been notified (page 3947) expresses her availability to participate in the reconstruction of the events on the second of the dates suggested, in other words on the 15 and 16th of next May. Her husband, Gerry McCann has also already expressed his availability.

Rogerio Alves
Lawyer

Kate and Gerry when taking Amaral to court over his book stated it was hindering the investigation into what happened to Madeleine . 


Yet their friends refusal to return for a reconstruction was accepted , so not a hindrance to the investigation ? 

Speaks volumes doesn't it ! 

Leave no stone unturned ? Poor Madeleine .