Important Official Documentation

A reference thread to file important official docmentation relative to the case of missing Madeleine McCann.

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Verdi wrote:[You must be registered and logged in to see this image.]

We've fell over and gone up our own alleyway,now we're stumpt,over to you Portugal,one potato Two potato!

Still showing on the Home Office blog:

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"The Board has been advised that payment of Gerry and Kate’s legal defence costs would be legally permissible subject to conditions about repayment in the event of a guilty conviction. " what type of guilty conviction could they possibly have been expecting at that point in time?

It would appear folk around and about have missed this vital piece of information..

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Posted on: 25 September 2018 [You must be registered and logged in to see this link.]

The Home Office responds to media coverage on funding for Operation Grange.

There has been media coverage of funding for Operation Grange, the Metropolitan Police Service’s (MPS) operation concerning the disappearance of Madeleine McCann.

Some of the recent coverage has suggested that funding for Operation Grange will expire on 30 September 2018, and that the MPS will be unable to continue the operation thereafter unless additional funds are provided.

We have received and are considering a request from the MPS to extend funding for Operation Grange until the end of March 2019.

Funding for Special Grant applications can be paid retrospectively for operational work already done in the same financial year. It is therefore incorrect to suggest that the MPS would have to discontinue its operational work after 30 September 2018 unless additional funds were provided in advance of this date.

The Home Office maintains an ongoing dialogue with the MPS regarding funding for Operation Grange.


Special Grant funding is usually available to police forces when they face significant or exceptional costs. The cost of Operation Grange – which, to date, is £11.6m – has been met through Special Grant funding.

As usual, full details of any Special Grant awards in 2018/19 will be published after the end of the financial year.

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Verdi wrote:It would appear folk around and about have missed this vital piece of information..

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Organisations:  [You must be registered and logged in to see this link.]

Posted on: 25 September 2018 [You must be registered and logged in to see this link.]

The Home Office responds to media coverage on funding for Operation Grange.

There has been media coverage of funding for Operation Grange, the Metropolitan Police Service’s (MPS) operation concerning the disappearance of Madeleine McCann.

Some of the recent coverage has suggested that funding for Operation Grange will expire on 30 September 2018, and that the MPS will be unable to continue the operation thereafter unless additional funds are provided.

We have received and are considering a request from the MPS to extend funding for Operation Grange until the end of March 2019.

Funding for Special Grant applications can be paid retrospectively for operational work already done in the same financial year. It is therefore incorrect to suggest that the MPS would have to discontinue its operational work after 30 September 2018 unless additional funds were provided in advance of this date.

The Home Office maintains an ongoing dialogue with the MPS regarding funding for Operation Grange.


Special Grant funding is usually available to police forces when they face significant or exceptional costs. The cost of Operation Grange – which, to date, is £11.6m – has been met through Special Grant funding.

As usual, full details of any Special Grant awards in 2018/19 will be published after the end of the financial year.

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Verdi, I posted this on the Corrieo da Manha thread, on 4 October 2018

From my understanding of the article, it looks as if funding, in future, will be in "retrospect". Does this mean that Operation Grange can continue, but no more funding will be given, unless there are results? Your guess is as good as mine.

This leads me to believe that "in retrospect" allows them to avoid answering the question whether funding is to continue or not. In my opinion (for what it's worth) it's a blank cheque to do whatever they like without them having to answer awkward questions.

sallypelt wrote:This leads me to believe that "in retrospect" allows them to avoid answering the question whether funding is to continue or not. In my opinion (for what it's worth) it's a blank cheque to do whatever they like without them having to answer awkward questions.

The Home Office of circumlocution .

Verdi wrote:[You must be registered and logged in to see this image.]

Note: "as if THE abduction"
They had already decided that the McCann's theory was the correct one and it was an "abduction".

Thanks to Kazlux 'astro', 'debk' and 'Joana Morais' for translation

17-Processos Volume XVII, P. 4526 to 4583

PJ Final Report

pages 1 and 2

Ministry Of Justice

Judiciary Police

Investigative Criminal Department of Portimao

NUIPC-201/07.0 GALGS

4th Brigade

Inspector Joao Carlos

Denouncer/Offended – Judiciary Police

Denunciated/Arguidos - Robert James Queriol Evelegh Murat, identified and questioned at fls. 1170, 1947 and 1959.

*Gerald Patrick McCann, identified and questioned at fls. 2569.

*Kate Marie Healy, identified and questioned at fls. 2557.

Witnesses/Persons inquired – see Index

Type of Crime – Unknown

Time and Place – Between 21H05 and 22H00 of the day 3 May of 2007, at the G5A apartment, located at the touristic resort ‘Ocean Club’, Vila da Luz, Lagos.

Apprehended Objects – see Index (all the apprehended objects were given back to the owners by means of term)

Examinations done – see Index

Final Report

Introduction

These documents relate to an occurrence which describes the disappearance of a minor of British nationality, MADELEINE BETH MCCANN daughter of GERALD PATRICK MCCANN and KATE MARIE HEALY, on the date with three (almost four) years old.

According to the Time and Place, the facts occurred on the day 3 of May of 2007, in a temporal hiatus, understood to be between 21H05 and 22H00 (being certain that after 17H30, only GERALD and KATE had contact with MADELEINE) at the resort named 'Ocean Club', located in Vila da Luz, Lagos, place, where the minor’s family, along with seven other persons, with whom they had a friendship relationship, where enjoying some holidays, with the duration of one week.

The arrival of the group from England, at national territory, via Faro's airport, took place on the 28 of April 2007.

They travelled in two separate groups, since they live in different locations. The trip from the airport to the place of Luz was done in a mini bus, provided by the resort management company 'Mark Warner'.

pages 3 and 4

Upon check-in, they were placed into several apartments, all located in block G5, next to each other, which was an imposition, or at least a suggestion, made by the entire group.

They were all lodged in the ground floor, except the PAYNE family (David, Fiona and Diane Webster), which was lodged in the first floor.

The MCCANN family was given apartment G5A, which is located on the left end of the residential block (seen from the front) and therefore, it can be said, the most accessible one and with facilitated visibility from the outside.

This is a group where seven of the elements are medics, from various specialties, which adds to the fact that all of them have under-age children, which accompanied them. The MCCANN family was composed of the parents, as well as MADELEINE and the twins SEAN and AMELIE, these being two years old, at the date of the facts.

This trip was organized by the PAYNE family, namely by the male element of the couple, DAVID ANTHONY PAYNE, who had knowledge, as a user, of the tourist resorts that belong to the "Mark Warner" company.

The group shared among themselves a friendship that existed before this trip, based on professional relationships and other holiday trips.

It is pointed out that this was the first time that the elements of the group were on holidays at this resort on national territory for the first time, and that the group's will to carry out the trip was planned approximately one month before it took place.

On the other hand, nothing indicates that any of the participants had any previous connection to Vila da Luz or that there resided or stayed any person related to them.

The group's daily routine implied their movement, for dinner, to the Tapas Restaurant, which is located at the resort (although outside of the specific area of the apartments and without permitting a complete visual control of the latter), while their underage children remained alone – supposedly asleep – in their apartments while the dinner was under way.

According to the group's common version, the checking of the children was done through regular visits by the adults to the apartments, with an – approximate – spacing of half an hour, with the exception of the children of the PAYNE couple, that possessed a technological system of self control, via intercommunication ("baby listening").

Constitution of the group:

DAVID ANTHONY PAYNE – apartment 5H (first floor)
FIONA ELAINE PAYNE
DIANNE WEBSTER

RUSSEL JAMES O’BRIEN – apartment 5D
JANE MICHELLE TANNER

pages 5 and 6

MATTHEW DAVID OLDFIELD – apartment 5B
RACHAEL MARIAMMA (sic) JEAN MANPILLY

GERALD PATRICK McCANN – apartment 5A
KATE MARIE HEALY

The aforementioned persons were interviewed carefully and in great detail, on various occasions (see index), with the intention to collect all the relevant elements that could help the investigation to uncover the truth regarding the facts.

The analysis of the grouping of these inquiries emphasized the existence of important details which were not entirely understood and integrated, which needed to be, from our viewpoint, tested and compared together [concatenated] in the actual location.

As such, a concrete understanding of the lack of synergy of some aspects of elevated relevance should be attempted through a processed diligence via the reconstitution of the facts, which, due to a lack of collaboration of several relevant witnesses, was not able to be accomplished, in spite of all the force brought by the authorities.

Further ahead, in this report, the necessity of this diligence will be better analysed.

The investigation, during more than 13 months, followed all the credible indices related to different hypotheses and, in an impartial manner, continued to analyse, correlate and synthesize them, looking for an explanation for the happenings of the night of 3 May 2007.

Assuming that the minor's disappearance was due to the acts of third parties, the PJ explored various lines of investigation, not excluding any hypothesis considered plausible or hypothetically acceptable.

From the documentation, you will observe that during the investigation various possibilities were contemplated.

As such, consider:

1. abduction, for sexual exploration or other (e.g, later adoption, child trafficking, organ trafficking), without homicide;

2. abduction, followed by homicide with (or without) hiding of the corpse;

3. accidental death, with later hiding of the corpse;

pages 7 and 8

The Hypothesis 1 and 2 were considered in the double notion of the illicit of abduction (if that happened) that could have had occurred due to feelings of revenge by the
Kidnapper(s) towards the parents (intended abduction) or by taking merely the opportunity of the child being at a vulnerable situation (opportunity abduction).

As a remote hypothesis, the possibility of the minor leaving the apartment by her own means was explored – that would be highly unlikely physically – and after, because of an accident or by a third person intervention, she would have disappeared.


***
As to the present report, and for a better understanding, it will be divided in to 5 major areas, to know:

- Generic diligences for the localization of the minor, entwined in the main body of the Inquest, done by the Judiciary Police, the Maritime Police and the G.N.R.;

- Thematic Appendixes, in a total of nine (sub-divided into 55 volumes) referred to the fls. 3528-a, whose creation allows to complement the main body of the processes and to follow up all the information received and treated;

- The suspicions about ROBERT MURAT, and his status of arguido;

- The Cadaver Dogs Units searches and the subsequent establishment of the parents of the British minor, GERALD MCCANN and KATE HEALY as arguidos;

- The forensic and laboratorial exams, done at the Forensic Science Service and at the National Institute of Forensic Medicine, from now on designated as the FSS and INML, correspondingly;

Even though there is this division in to sub groups, the present report will be done by order of occurrence or information, without the obstacle of joining by themes, when the chronological order it is not sufficient.


***
As stated before, it was done a presentation of the intervenients in the process and a brief introduction of the facts. Following, we will do a more detailed explanation, where, likewise, the various intervenients will match and the actions done by them will take on a procedural relevance.


***
Relative to the appendixes, in a total of nine, where divided thematically as stated:

Appendix I – Forensic Exams – where all the exams and forensics that were carried out by scientific and technical entities, specifically those who are destined to the detection, collection and traces analyses that could lead to the understanding of what happened and to the discovery of the culprits in the disappearance of the minor.

pages 9 and 10

Appendix II – Analysis of communications – where all the inventory, analysis and pertinent correlations, which were possible and eventually relevant about the communications and movements that were made before, during and after the facts, were made;

Appendix III – Inspections, canine, maritime and air searches – where the specific diligences that were carried out in an attempt to physically locate the minor, especially in the surrounding areas, are described;

Appendix IV – Searches/apprehensions, direct exams, delivery/deposit of goods – where the set of diligences that were directed on goods or items that could eventually be connected to the disappearance are listed;

Appendix V – Supposed sightings and localizations – where the news that had some credibility and signalled the alleged presence of the child in various locations worldwide, as well as the hundreds of diligences that were carried out to confirm or dismiss them, are listed.

As it is known, the disappearance of the British minor, under the circumstances that were described, implied the action of diverse entities, with special relevance for the intervention of the Polícia Judiciária, which was joined by other forces of criminal police. In parallel, this disappearance concentrated an unmatched dynamics from the media, both national and foreign, namely and with more emphasis in the United Kingdom, which filled, for days in a row, their news at prime time with live transmissions from Praia da Luz, and special programmes that were dedicated to the issue.

On the other hand, the parents of the minor, set out in the most diversified contacts and appeals, with the diffusion of MADELEINE images, whilst, the British authorities opened up a phone-line for permanent and specialized contact, to gather all the information relative to the disappearance, as well as information coming from Interpol and other homologous Police forces.

This activity (diffusion), besides the informative aspects from the media, aimed to acquire, in the shortest period of time, information that could contribute to the investigation in two aspects, the discovery of MADELEINE with life and gather substance that could attest the circumstances of her disappearance and in case of associating to it a criminal action by a third person, having requested for that matter the focused cooperation of the population.

This desire for cooperation had the result that through various sources and using the most diversified means, with special focus on direct communications towards the police, the PJ received the most varied information.

From the 4th of May, 2007 - the day after the facts - onwards, initially at an inordinate rhythm, the Policia Judiciaria received thousands of news about sightings and locations that covered the entire national territory, the most diversified locations abroad, from neighbouring Spain to faraway Indonesia and Singapore, with the missing child being "recognised" at the most diversified locations, in multiple situations and company, in such manner that on the same day, she is allegedly seen at locations that are 4000 km apart.

pages 11 and 12

Some of the information did not merit, due to the circumstances surrounding it, the least credibility, leaving those, at the other extreme, which required a more solid and effective systemization and treatment. Those which, by their geography and time-space relevance, seemed credible were thoroughly explored and included in the documentation and this appendix.

There remains a large, diffuse stain of supposed sightings and localizations – some receiving notable emphasis, such as those in Belgium and Morocco – which had few, vague, discordant, incompatible or incongruent elements, which deserved a treatment with a view towards their infirmaçao or set aside for the future, should solid elements arise, which all are herein included;

Appendix VI 1 – Information/Lists of Suspects of Sexual Crimes – where you will find a detailed reviews, from the perspective of the possibility of encountering correlations with suspects with sexual motives;

Appendix VI 2 – Diligences and Exploration of Information related to the aforementioned – in which, in conformity with that already expressed and in order to provide a better consultation, were gathered the information collected about residents in the surrounding areas – temporary and permanent – as well as a listing of local crime (break-ins and others) and crimes of a sexual nature. The information provided came to this Police by individual knowledge, through British authorities or by other sources;

Appendix VII - Letters Rogatory – outlining the diligences performed, at the request of the Portuguese judiciary, in foreign countries;

Appendix VIII – Transportation, Movement and Location of Sightings – in this appendix are collected and analyzed the information related to possible means of transportation/flight, by land means (road—trains), sea and air. Also explored were information related to the delivery of photographs from individuals in the area for holidays and obtained by the Police, along with various hotel chains, whose examinations yielded nothing useful;
Appendix IX –

Juridic Actions

In addition, and in spite of its irrelevance, there were meanwhile added 22 "dossiers" with notifications of a speculative or clearly incredible nature, such as psychic visions or divinations, which will not be included with the documentation, but which you will find carefully organized, in the eventuality that they may need to be consulted in the future.


* * *

DEVELOPMENT

The present documentation originated from a process elaborated by this Police, having received notice of the disappearance of a minor of British nationality of three years of age. The occurrence was communicated by the GNR at 00h10 on 4 May 2007.

pages 13 and 14

According to that police force, the disappearance would have occurred at 22H40 (later on it was verified that the detection and the subsequent alarm of the same, in reality happened, between 22H00 and 22H10 of the day 3 of May of 2007, in one of the apartments of the tourist resort 'Ocean Club', located at Vila da Luz, Lagos, where a family composed by a couple and 3 children under aged were staying.

Topologically, the apartment is composed by two bedrooms, a kitchen, a living room and a bathroom, with easy access to the street, from the both the front and the back, where there is a small balcony and a sliding door.

At the time of the disappearance, the children were alone in the apartment. However the couple, during dinner, went two times to the same, one of those times being the one where the mother (KATE) noticed that her oldest daughter was no longer there alerting all for that fact.

Aware of this fact, the police squad went to the place, to initiate the relevant investigative steps, at that moment.

Immediately they proceeded with the identifications of the progenitors, GERALD MCCANN and KATE HEALY, as well as of the disappeared minor, MADELEINE BETH MCCANN, born on the 12 of May of 2003, in the United Kingdom. Besides MADELEINE the couple has two more children, twins, with two years old, at the time of the facts, who were also staying in the same bedroom from where the child disappeared.

Informally, GERALD MCCANN said that he was on the resort since the 28 of April 2007, on vacation, for a period of time corresponding to a week. The day after their arrival, 29/05/07, they started doing their meals at the 'Ocean Club' restaurant, which is distanced a few meters away from the apartment, with the company of three other couples, who had also travelled with them.

Specifically to what is relative to the day 3, he alleged that:

- they woke up around 07H30, had breakfast in the apartment, going out at around 09H00;

- soon after, they left their children at the nursery, until 12H30;

- around 14H30, after lunch, they put their children back at the nursery, this time until 17H00;

- at 17H30 they did the children's hygiene, and settle them in their respective beds by 19H30, all in the same bedroom;

- at 20H30, the couple went out to the restaurant;

- at 21H05/21H15 the father went to check the children, noticing that all was normal, the window and the blinds were closed, however the door to the room seemed more opened than when he had left;

pages 15 and 16

- at around 9.20 p.m., a friend from the group, JANE TANNER, when heading for her apartment, noticed an individual who carried a child in his arms, walking down the road. She described him as aged 30 to 40, with dark hair and wearing light coloured trousers;

- at 9.30 p.m., it was the time for another friend, MATTHEW OLDFIELD, to go to the MCCANNS' apartment to check on the children, but he only saw the twins, given the fact that he did not enter the room. In order to see MADELEINE'S bed, he would have to go inside. He detected nothing out of the ordinary;

- at around 10 p.m., when KATE went to the apartment she verified that MADELEINE had disappeared, and that the window and shutters of the bedroom were open.

Apart from that, and according to what was established within the investigation in the meantime, the witness MATTHEW OLDFIELD assumes that, at around 8.55 p.m., he went near the outside of the window of the bedroom where MADELEINE was sleeping – a window that was closed – in order to verify if there was any noise in the inside that might indicate that the child was not asleep. He heard nothing, therefore concluding that everything was well.

Due to its relevance, on that very night the Maintenance Director, SILVIA BAPTISTA, was asked for a list of the resort's guests and the check outs on the 3rd, as well as the identification of the crèche workers, where the children stayed during the day.

It should be emphasized that the entire apartment had been searched and rummaged by an undetermined number of people, with the contamination that it brings and the difficulty that it raises for the collection of residues.

On that very night, the surroundings of the apartment, and Vila da Luz itself, were intensely searched through, both by the GNR members and by members of the public.

Concerning that and other searches on subsequent days, the proof is given by the report that was written by the GNR from pages 3491-a to 3525-a, with the latter being a cartographic remission. The same procedure was made by the Maritime Police, according to the report from pages 3867 until 3885.

On page 06 the air registration of the luggage pertaining to the MCCANN family was appended, as well as the passport that belongs to the missing minor.

From pages 12 to 23, we can observe the photographic coverage of the location of the facts, which were collected on that night, as well as a layout of the apartment.

On page 26 the report that was written by the GNR can be found, on page 30 the photograph of the minor that was given by the parents, taken from a memory card and revealed on a printer that belongs to one of the nannies, as will be seen further on, and the press communication, on pages 33-B.

It should be pointed out, in terms of the media knowledge and divulgation, that witness RACHEL MAMPILLY, at around 2 a.m. on the morning of the 4th, assumes to have contacted the official British television BBC, through someone that she knew, reporting the disappearance and asking for it to be broadcast.

pages 17 and 18

First thing in the morning on 4 May, and already within the framework of heavy media coverage, an interview of the entire group took place, pages 34-83, interrogations which were repeated later.

From pages 86 to 118, there are included details relative to the identity of the nannies (CATRIONA BAKER and STACEY PORTZ) and all the officials of the establishment, with the two that dealt with the MCCANN children being heard informally; nothing unusual having been reported by them, they were formally interviewed again later.

In subsequent days, with the participation of over a hundred researchers from the PJ, the enormous collection of diverse notifications about the disappearance was reviewed, having been already completed innumerable contacts resulting from the ongoing processing of information.

The collection of notifications was transmitted by a wide variety of sources, coming to the PJ by various means, requiring the installation of a permanent police post within the Luz village.

The result of such efforts is found in the documentation and the various appendices, having been spent thousands of hours of work in its completion.

It should be noted, also, the receipt of an enormous quantity of fantastical notifications, devoid of any credibility, which forced the research into constant and considerable clarification efforts, all the more important as it was known that time was of the utmost importance in the fundamental goal of finding the missing girl.


* * *

Resuming the factual description, it is noteworthy that from pages 119 and forward, the witness JEREMY WILKINS, affirmed that he saw an individual with a strange appearance and behaviour. This was eventually confirmed to be a guest, who participated in the searches, page 124.

From pages 127 and following, relates the the sighting of a child, with a face similar to MADELEINE's, in a gas station. When the images from the gas station were shown to the parents, they peremptorily affirmed that they did not represent their daughter.

On page 134, is reported a situation, once again resulting from physical similarities with MADELEINE, later verified as not being the child. In addition, an attempt was made to locate an individual referred for sexual abuse of minors, later coming to verify that at the relevant time period, he was no longer in Portugal.

pages 19 and 20

There was a inquest to DENISE BERYL ASHTON, fls. 136, which reported the presence of two individuals, who she could not identify or recognize, which, alleged that they were conducting a petitioning in behalf of a children's institution, which would be fraudulent. Despite that this situation took place on the day 03 May, we could not relate it with the disappearance of the British minor, nor the description corresponds to the sketch widespread in the media by the press officer of the MCCANN couple, issue that will be addressed next .

From the Fls. 140 to 144, it was reported an alleged sighting of the minor, which, after several diligences, was proved, again, to be another child.

A witness, DEREK FLACK, heard at page 200, reported the presence of a suspect, who was allegedly looking at the target apartment, near a white truck, pages 145 and following pages. It was not possible to identify this person, despite having been made a portrait-robot, page 205. However, we believe there are very strong possibilities of being construction workers – who were there making small works - a gardener (fls. 973), or BARRINGTON NORTON (fls 833), inquired at page 704. The latter is a regular of Praia da Luz, engaged in the activity of musician on the streets of the town. Nothing was found relevant to the investigation.

From the page 161 to 197, NUNO JESUS, reported a situation connected with his daughter, with clear similarities with Madeleine, which was the victim of an alleged attempt to kidnap (qualified by himself) by a Polish couple, whose registration of the hire car and used in national territory, he provided to the police. They were approached when going back to their native country, nothing was detected that could incriminate them, pages 214 to 216. The car and the place where they had enjoyed their holidays was analysed in a laboratory, but once again without incriminating results

It was near the report at page 148, where it's described the approach door-to door taken in 443 houses, all of them in Praia da Luz, which is demonstrative of the gigantic work that would be carried out. Such approach included the physical entrance, with the agreement of the inhabitants, in many just to verify completely the eventual presence of traces of the minor disappeared.

LANCE PURSE, inquired at page 208, did equally a sketch of an individual, page 210, which possessed similar characteristics similar to the one related by another witness, who also didn't identify himself.

At pages 211 and 212, it is reported another occurrence relative to an individual referenced for sexual abuse of minors, who, after the approach of the same, nothing of relevance was brought to the present investigation.

"Mutatis mutandis", [literally "changes changed", from Latin, in this instance someone who changes constantly of mood], relative to a guest from the female gender, who revealed a odd behaviour, but with no vector of correlation to the disappearance of MADELEINE MCCANN.

At page 220 the hearings of the resort employees started, from there nothing resulted as being relevant or useful for the investigation at course. From the hearings there were no elements collected which allowed to follow any line of investigation.

pages 21 to 26


Inquired employees: -----

A huge list of names which I will not write here for the right to privacy of these people.

The baby sitters that talked to the media in previous interviews are on the list.

CATRIONA T. S. BAKER
STACEY PORTZ
CHARLOTTE E. A. PENNINGTON

Also several G.N.R. Military, belonging to various areas, patrols and binomials (sic) were heard in declarations - list of names

***

end of page 26 : In the path of the diligences of localization, it was requested the entry registrar of the Marina de Lagos, place who does not have a system to collect images, usually called by CCTV, page 290.

pages 27 and 28

Information was also collected that the road known as A22, usually known as “Via Infante de Sagres”, does not have images available either, to match the period of time that would be of interest.

Diligences were carried out to try to locate and discover the routines of individuals that are related to criminal practices of a sexual nature, pages 293 to 300, 448 to 451, 452 and 453; nothing was discovered that could be characterized as relevant.

From pages 309 to 311, and because it could be important, we mentioned the only register of a repair that was carried out in the apartment that was used by the MCCANN family, without major relevance.


* * *

The situation concerning the first suspect, ROBERT MURAT, will now be approached, thus following a line of the succession of the facts, without prejudice of returning to the description of occurrences further ahead.

A few days after the facts took place, suspicions were raised concerning an individual that resides approximately 100/150 metres away from apartment 5A, identified as ROBERT JAMES QUERIOL EVELEIGH MURAT.

These suspicions arose initially due to the formulation by a British journalist, who found the special commitment and curiosity of MURAT in this case to be strange, which had reminded her of another [case] that had taken place in the United Kingdom with similar outlines and where the guilty persons had actively participated in searches.

The reasons for said suspicion are duly listed within the information that is contained in the process, on pages 308, 328, 442, 461, 957, 960, 961 and 986 to 1000, being certain that they ended up being reinforced, some time later, by elements of the holiday group that asserted, contrary to what MURAT said, that he had participated in the searches on the evening of the disappearance.

In an initial phase, before the investigation was deepened, this individual gathered the conditions to be pointed out as a suspect. The conditions that are intrinsical to his suspect status, can be analysed, as stated before, on the routine reports that were mentioned above.

In order to confirm or dismiss the suspicions about ROBERT MURAT, searches and telephone surveillance were requested, pages 995 to 1013, both on the suspect and on the individuals with whom he directly or indirectly interacted, namely with who he met almost daily and maintained telephone contacts.

Despite the exhaustive and methodical investigation into MURAT and the persons close to him, no elements whatsoever were collected to relate him to the crime that was under investigation, and it should be noted that contrary to what witnesses within the group stated concerning his hypothetical participation in the searches on the night of the disappearance, other witnesses (like SILVIA BAPTISTA and elements of the GNR) asserted that they had not seen him during those diligences.

pages 29 and 30

Beyond the communication interceptions and forensic exams of the computers belonging to them, which pointed to nothing useful, several searches were also performed in the suspect’s home, as mentioned earlier, with cino-technical assistance and exploration of the subsoil, both physically and by technological detection means, which also did not allow for the collection of exact evidence.

Be aware that, in relation to the utilization of very advanced technological means, in the area of the detection of strange bodies in the subsoil or enclosed [walled in], these were performed specifically by technicians from Aveiro University, using equipment that allowed a detailed search of the area.

This [research] continued in the same way in relationship to all the vehicles of the group, with no results.

The homes and vehicles were examined in great detail by the Scientific Police Laboratory, without finding any relevant vestiges.

The analyses of the telephone and electronic communications (reports in appendix II) and the resultant correlation, had the same results.

In the interrogation headquarters, the suspect denied any involvement with the process. The interviews with all the elements, with personal and professional relationships with ROBERT MURAT, also did not deliver anything of value as evidence.

In truth, in the unfolding of the searches, several objects were apprehended, for later analysis, without having obtained any incriminating evidence, which you can better observe in Volume V of the documentation, where the processual pieces related to the searches are found.


* * *

Continued..

Returning to the sequence of information which has some relevance related to finding the minor, there came forth information about the presence of a sack [bag] near a cliff in Ponta da Piedade, Lagos, pages 316 to 327, whose contents revealed nothing of importance.

Page 463, reveals information related to an individual who spoke in Castellean, whose involvement was not able to be discovered.

Pages 524 to 531, 740 to 749, provide information about supposed sightings of the minor, all of them disparate amongst themselves.

On page 800, the interview with TASMIN MILBURN SILENCE is presented, who saw on two occasions and on several other days, an individual observing the apartment from which MADELEINE disappeared. A photo-fit was created based on the witness' indications . . . diligences were performed which led to the identification of MICHAEL ANTHONY GREEN, who was the target of diverse diligences without incriminatory results, pages 632 to 726 of Volume III, Appendix VI. Beyond this individual, there were other diligences performed at this level, also without useful results for the investigation, as is explained throughout Appendix VI.
pages 31 and 32

Still on Appendix VI, pages 504 and in the following, it was investigated a situation relative to two individuals, NEIL BERRY and RAJINDER BALU (complementary inquests requested in the letter rogatory), specifically relative with the first one, whose information was crossed with the above aforementioned witness, TASMIN SILENCE, namely to what concerns the photo-fit, having this one made clear that it was not that same individual.

This occurrence was targeted due to an information given by an employee of the resort, pages 504 and 505 of the Appendix VI, where a somewhat peculiar situation was reported, supposedly to do with NEIL BERRY. However, in spite of the diligences done, inclusive in the letter rogatory, nothing was established that connected him to the disappearance of the British child.

At the pages 801 and the following, an information was worked relative to a sighting done by a professional taxi driver.

Also relative to the individuals who do this type of professional work and who have their headquarters in Praia da Luz, page 818, we talked with them but nothing of relevant for the process was determined.

At the pages 820 to 822, an information from the maritime police was added, creating several diligences, however had no results.

From the page 825 to 830, we added a report of the G.N.R. police action. Nothing of pertinent value was deducted.

For the analyses and dismissal of eventual relevant situations, traffic reports were requested in the places considered of higher interest, page 823, relatively to the days 2, 3 and 4th of May of 2007, and that was object of a highly detailed analytical report (see Appendix II), though without criminal conclusions.

At page 835, a report of a diligence done in a gipsy camp was done, nothing useful was gathered.

At page 848 and following and from pages 856 to 857 a synopsis of the interrogations done to the resort employees was made.

At page 859, it’s related a situation eventually suspicious which leads to nothing of interest for the process.

At page 868, an occurrence is reported (about a couple who had an argument, where is mentioned the disappearance of a child), after investigation this did not lead to relevant elements.

From page 870 to 883, it was done the reconstitution of the places outside the nursery, where the British child and her nanny went.

At page 884 and the following, it was added the lophoscopy [study of fingerprints] report where only finger traces of KATE HEALY were found, namely on the window’s frame who would have been opened at the time of the disappearance, and at page 967, another report describing the same type of exam, this time without any match, though the diffusion done at an International and national level, page 1470. Later on we verified that that trace wasn’t of author (sic), page 1480.

Page 33 and 34

On pages 886 and following, a typed report can be observed, which was elaborated by the holidaying group after a detailed joint meeting, that recalls that steps that were made on that evening, describing the facts both in time and space.

On page 993, there is a report listing the apartments that were subject to searches, with special attention on blocks 4 and 5.

On pages 983 and 984, the preservation, for visualization purposes, of images from several petrol stations was requested, but nothing out of the ordinary was observed, page 3191.

On pages 1101 and following, several pieces of information from Interpol are listed, alerting towards supposed sightings of the minor, in several European countries, but absolutely nothing was found.

Diverse information concerning other suspects of crimes of sexual abuse of minors and paedophilia, page 1246 and following, which, after due analysis, did not contribute with anything of interest for the investigation.

On page 1398 there is an answer to the question from page 1400, informing that there are no other images from the GALP station, apart from those that were already delivered.

On page 1592, a divulgation, appealing to the person who on the 3rd of May 2007, at around 9.30 p.m., in Praia da Luz, transported a child in his arms, to identify himself, in order to dismiss the situation that was narrated by witness JANE TANNER.

Further on this issue, the testimony of MARTIN SMITH was considered, pages 1606 and following, reporting the sighting of an individual carrying a child, in one of the streets that lead to the beach. It was said that the child could be MADELEINE McCANN, although it was never peremptorily stated. Some time later, the witness alleged that, by its stance, the individual who carried the child could be GERALD McCANN, which was concluded when he saw him descending the stairs from an airplane, pages 2871, 3991 and following and 4135 and following. It was established that at the time that was being mentioned, GERALD McCANN was sitting at the table, in the Tapas Restaurant.

The workers that carried out construction works in Vila da Luz were heard, pages 1650 and 1651, who did not detect anything strange, during their works of excavation and placement of plumbing (also see pages 3983 to 3987), although they carefully verified, on the day that followed the disappearance and before they started the works, if there was a body hidden next to said works.

From pages 1811 to 1827 we appended two lab tests and the corresponding reports, which turned out to have no evidential interest for the process.

On pages 1846 and following, a situation of fraud was reported, concerning misleading and fraudulent information relating to the whereabouts of MADELEINE McCANN. This individual, who was the author of the fraud, was detained, and confessed to know nothing about the facts, after detailed and pertinent diligences were carried out by the authorities of the Netherlands, within the frame of a Rogatory Letter. The main report, which comprises the diligences that were requested and carried out by the Dutch Police can be found in the corresponding appendix.

pages 35 and 36

On page 1897, a Spanish journalist was heard, who was to have information about the alleged abductor. Once again, nothing was supplied that allowed for the substantiation of such suspicions.

An attempt was made to obtain identification elements from users of computer equipment in two establishments in Luz, which was not possible, as explained on page 1900.

On page 2006 and forward, is found the report of an identical occurance to one that had happened in Holland, coming to be found to pertain to, once again, untrue information about the child. With the prestigious collaboration of the Spanish authorities, Grupo de Sequestros de Madrid, it was possible to identify the couple responsible for the false information, with only the male being detained under the auspices of an outstanding detention mandate.


* * *

Now the question related to the performance of the British dogs will be covered, along with the consequent quality assumed by the parents of MADELEINE, once again with the ability to revisit the description later in the report.

In this way, from pages 1989 and following, one can read the full report by MARK HARRISON, whose specialty is the search for missing people or homicide victims, including catastrophe scenarios. He provided the use of canines, specialized in the detection of vestiges of human blood and human cadaver odor.

This is an inspection technique commonly used in the United Kingdom, frequently with positive results, consisting of the utilization of two especially trained dogs.

One of the dogs is trained to detect cadaver odor and the other to detect vestiges of human blood, with existing knowledge that their prior usage had resulted in significant results, principally in the detection of vestiges, which had then been, later, confirmed in the laboratory.

After a positive joint meeting with the British police, it was decided to use this capability and a large number of objects and locations were examined, with these diligences being recorded in films which are included in the documentation (appendix III).

In some of these locations and objects, the animals exhibited the behaviour of identification and "signaling", including:

pages 37 and 38

1 - Apartment 5A, of the resort 'Ocean Club', place from where the child disappeared.

- cadaver odour dog:
*in the couple’s bedroom, in a corner, close to the wardrobe;
*in the living room, behind the sofa, close to the lateral window of the apartment;

- blood dog:
* in the living room, behind the sofa, close to the lateral window of the apartment (exactly as it was signalled by the cadaver odour dog);

2 – Area of the backyard, close to the apartment 5A:

- cadaver odour dog:
* in a flowerbed, commented by the dog handler the lightness of the scent detected;

3 – Apartments where the rest of the elements of the group stayed

* NOTHING was detected by any of the dogs;

4 – House of the MCCANNs at the date of the inspection

* NOTHING at the house, was detected by any of the dogs;

5 - In the area of Vila da Luz

* NOTHING was detected by any of the dogs;

6 – In the clothes and belongings of the Family MCCANN

- cadaver odour dog:
* in two pieces of clothing belonging to KATE HEALY
* in a piece of clothing of the minor MADELEINE
* in the plush toy, possibly belonging to MADELEINE (it was detected cadaver odour, when the plush was inside the residence – at the date occupied by the family)

7 – In the vehicle used by the MCCANN family


- cadaver odour dog:
* signalled the key of the vehicle;

- blood dog:
* signalled the key of the vehicle;
* signalled the interior of the vehicle’s boot;

8 – In the vehicle used by a friend of the family, who stayed in the same resort, matching some of the holiday days.

pages 39 and 40

* NOTHING was detected by either dog;

9. In all the vehicles that were used by arguido ROBERT MURAT and persons that are close to him;

* NOTHING was detected by either dog.

(in a total of ten vehicles, the cadaver odour dog and the blood odour dog only signaled the vehicle that belonged to the MCCANN family, which was rented on the 27th of May)

On the locations and the pieces that were marked and signaled by the blood dog, forensics tests were performed, especially at a reputed British laboratory (Forensic Science Service – check Appendixes I and VII – FSS Final Report) but also, some of them at the reputed National Institute of Forensics Medicine (check Appendix I), whose final results did not corroborate the canine markings, which is to say, cellular material was collected that was not identified as pertaining to anyone specific, and it was not even possible to determine the quality of that material (v.g. whether it could be blood or another type of bodily fluid).

But during a first scientific approach (pages 2617 and following), the possibility of a match between the DNA profile of MADELEINE and some of the collected residues (among which those that existed in the Renault Scenic that had been rented by the McCANN couple were abundant) was raised; a match which, as can be verified in the aforementioned final report from the FSS, failed to be verified, after the execution of long and complex testing.

On pages 2461 and following, the translation of the comments that were made by the dog handler, during the inspection actions, was appended.

Based on the action of the canine team and the aforementioned initial scientific approach, which revealed the possibility of the existence of a cadaver inside the apartment and in the vehicle that was used by the MCCANN family, and in order to allow for GERALD McCANN and KATE HEALY to see their position within the process safeguarded, they were made arguidos, in face of the mere possibility of their involvement with the possible cadaver. During the questioning as arguidos, they denied any responsibility in the disappearance of their daughter.

It may be questioned that KATE HEALY was not immediately made an arguida, but rather inquired, as a witness, and only afterwards, following said inquirition, did she assume that quality.

Therefore, the constitution of KATE HEALY as an arguida was made when she was confronted with concrete elements that might lead to her incrimination, a fact that, within the terms of the penal process law, would officiously force that constitution.

Returning to the description of the pieces of the process, on page 2294, there is a note of the delivery of four (04) photographs, which were printed by an employee of the resort, AMY TIERNEY.

pages 41 and 42

Page 4193, she clarified that the photographs were made on her own printer, which allowed her to use photographic paper and cut to size (10x15), which in this way, reduced any suspicion related to her possession, on the part of the parents.

Nonetheless, before her interview, the photographs were examined, as related on pages 4155 and following, and pages 4197, in which it is alleged to not be possible to determine with complete confidence if the printer is compatible with the photographs, but it seems to us, by the laboratory results (merely indicative) that these photographs were printed there.

On pages 2305, 3195 and 3212 is the detailed report, relative to the laboratory exams done on the apartment from where the disappearance occurred, which took place on 4 May 2007.

On page 2327, is the report of the exams of the home and some of the vehicles of ROBERT MURAT and, on page 2348, the report of the exam of the car belonging to SERGEY MALINKA, an individual of interest given his relationship with ROBERT MURAT, not having been uncovered, however, anything of a criminal nature.

On pages 2360 to 2371, is the report of the vehicles belonging to LUÌS ANTÒNIO, with whom, also, ROBERT MURAT had an acquaintance. Nothing suspicious was found.

On page 2383, is the report of the exam done in the apartment retained by the Polish couple and, on page 3230, the detailed report of the exams done on the vehicle rented by the McCANN couple.

All of these exams, for now, allowed nothing to be inferred relative to the exact understanding of the facts.

On page 2396, is a file, which was attributed an inquiry number, which alludes to a supposed sighting. This occurrence was duly discarded, after several diligences, outlined from pages 2739 to 2762.

On page 2412, is the interview with PAMELA FENN, who relates several details, of which, though not clarifying the facts, are elucidating. PAMELA FENN lives on the first floor of the residential block, above the apartment occupied by the McCANN family. She related that, on 1 May 2007, two days before the disappearance, at about 22h30, she heard a child crying, which by the sound was MADELEINE. The child continued weeping for one hour and 15 minutes, until the parent’s arrival (she heard the door sounds), at about 23h45. This witness places in cause the allegation (by the parents) of the daily routine of visits every 30 minutes to check the children who had been left on their own.

She also added to the files, that her niece, CAROLE, on the morning of 3 May 2007, had seen an individual observing the child’s apartment. This individual was not identified, but could have been a gardener. An interview with CAROLE was requested in the Letter Rogatory submitted to the UK authorities, with nothing relevant having been discovered.


pages 43 and 44

On pages 2426 and following, the forensics report was attached, concerning the residues that were collected on several locations, with results that did not attain the desired purpose, which was to establish elements that conducted to the author or authors of the facts.

From pages 2771 to 2869, the final report was added, concerning the action of the canines and the searches, carried out by the British experts.

A new occurrence was explored on pages 2876 and following, concerning a crematorium, where according to the press, the cadaver of the British minor could have been placed. The crematorium was closed and sealed, according to what is explained in the aforementioned report.

On page 2897, the copies of the contract for the vehicle that was rented by the McCANN family were requested, and added from pages 2900 to 2937, as well as the registers from anterior rentals, including the last user, who was heard on page 2997.

On page 2945 and following, some situations concerning movements by the McCANN couple and episodes involving the press and private detectives are reported.

On page 2962, the holiday group’s flight data is added, in its entirety.

On pages 3148 and following, the sighting of an individual with a strange behaviour, though not substantially founded, who sometimes was motionless and other times spoke on the phone from a cabin, is mentioned. That individual, according to witness statements from pages 3150 to 3156, had some similarities with the figure that was described by JANE TANNER, page 3157. Nothing was established that could relate him to the facts.

All the garbage bins that exist in the Vila da Luz and surroundings, in a total number of 188 (one hundred and eighty eight), were searched and inspected, yet nothing relevant was found, page 3183.

According to what is documented in the process, on the afternoon of the 3rd of May, the group, with the exception of the McCANN family, were in a bar next to the beach, named "Paraíso", and the images from the video surveillance system were appended, pages 3266 to 3273, which did not supply any further clarifying elements.

On pages 3893 and following, several inquiritions that came from the British Authorities, and the corresponding translations, were added, with an informative character.

On pages 3922 and 3923, a summary of the financial situation of the group, constituted by nine persons, can be found.

On page 3924, due to the tight connection with the McCANN couple, the priest who practises in Praia da Luz, Father JOSÉ PACHECO, was questioned, but did not add anything relevant for the investigation to the process.

On pages 3928 and following, another summary of the sequence of events, executed by the holiday group, was added.

pages 45 and 46

The report on page 3998 and the inquirition on page 3459-a refers to two telephone communications that were received on the night of the facts by KATE HEALY, from a bar that is located in Vilamoura. It was possible to verify that it was a common friend/client between both.

In the same perspective that motivated the appending of the registries of users of the vehicle that was rented by the couple, the appending of the register of occupants of apartment G5A was carried out, page 3417-a.

The wife of the Anglican Priest, SUSAN HUBBARD, was questioned, as she had a relationship of some proximity to the McCANN couple, during their stay in Portugal. Once again, nothing that can be reputed as important was collected.

On page 3418-a YVONNE MARTIN was questioned, who offered some information, which, despite its pertinence, did not show any relevance, pages 3421-a and following.

Information was collected from a Spanish detective agency, named "Método 3", which was hired by a British citizen, to benefit the McCANN couple. This contact was solicitated by this agency, and the information that was given was subject to analysis and dismissal by this Police, pages 3434-a and following. It revealed itself, all of it, as speculative and without fundament, focusing particular attention on ROBERT MURAT.

From the tests and inspections that were carried out, a biological residue was collected which supposedly carried identificative value. Faced with this, the same residue was sent to Interpol, in order to be compared with the compatible databases, page 3467-a.

Following the aforementioned canine action, after the constitution and the questioning under arguido status of GERALD McCANN and KATE HEALY, these would end up abandoning the national territory, returning to the United Kingdom, where the remaining elements of the group already were.

From this moment on, it became necessary to request from the British authorities the performance of a set of diligences, that had the purpose of helping to clarify the facts and to establish what type of crime had been committed, as well as the responsibility of the corresponding authorship, pages 3528-a and following.

Therefore, from page 3705-a to page 3792-a the Rogatory Letter is appended, that was elaborated by the Public Ministry, based on what had been reported by the Polícia Judiciária, and from page 3795-a to page 3822-a, a second rogatory letter, this time elaborated the solicitation of arguidos GERALD McCANN and KATE HEALY.

From pages 3928 until 3931 the statements from a witness, who helped during the searches for the child and who decided to give a voluntary statement, were appended. It did not point out anything of substantial relevance.

From pages 3932 to 3937, another witness alleged that she had seen GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM terminal, at around 2.26 p.m. on the 7th of May 2007. According to the witness, the father of the minor was talking on the phone, saying "don’t hurt Madeleine, please". She was not peremptory in affirming that it was GERALD McCANN. It seems unlikely to us that it was GERALD, given the fact that on that day, he only activated antennas in Praia da Luz, adding to the fact that, at around 2.16 p.m., he activated an antenna in the centre of Praia da Luz, which we consider to make it impossible that he was present in Lagos ten minutes later.

pages 47 and 48

On pages 3943 and forward, is the request for a comparison of the DNA for MADELEINE McCANN, with the genetic profile of a child's cadaver found on the coast of the USA, victim of a homicide. It was verified that they were incompatible.

From page 3948 to 3964 an intercalar report was elaborated, giving an account of the diligences meanwhile performed and the results obtained, as well as explanations of the same.


* * *

Now in an advanced phase of the investigation, pages 3965 to 4113, there arises, related to the private investigation developed by the McCann couple, and publicly announced by their spokesman, CLARENCE MITCHELL, the alleged existence of a suspect, which, supposedly, was undertaking a collection in Praia da Luz, at the time of the disappearance. A fotofit was created of this individual by a witness – GAIL COOPER – who saw him, page 3979.

From the beginning and immediately, this was compared with the photo-fit from JANE TANNER, and despite hers not having a face, page 3977, she alleged they were the same person, with an approximately 80% certainty.

In order to assess the credibility of the description and of the drawing, it is important to highlight that the witness GAIL COOPER, was heard for the first time and in a very detailed fashion [emphasis in the report], by the British authorities (see page 3982), then affirming that she saw this person only one time [emphasis in the report], in a collection done at the door of the residence she was occupying during her holidays.

However, a few months later, in a new deposition, the same witness affirms that she saw this individual three times [emphasis in the report] (one of which he was watching, in a strange way, the children at the Paraíso Restaurant), during her stay in Luz, information which she did not supply at the time of her first deposition to the police in the UK.

With the publication of this portrait, a myriad notices about sightings of this individual arose, most from the UK, but also from Portugal (see pages 4130).

All of this information received due treatment and evaluation in regards to credibility, of which nothing has come until now, in spite of innumerable persons approached, supposedly of similar appearance with the "suspect".

pages 49 and 50

Apart from other investigative actions, said persons were photographed and their mobile phones crossed with the antennas that were activated in Vila da Luz, during the period that is comprehended between the 2nd and the 4th of May 2007, without any connection resulting from it.

On page 4116, a situation that was related to an individual who had been referenced for sexual abuse of minors was explored, whose inquiry was under process in this Department. There was no information whatsoever concerning his involvement in the present investigation, yet, as it referred to a sexual crime against minors, several diligences were carried out, whose result, for this case, was fruitless.

On pages 4147 and following, an information was received, and duly taken care of, concerning a new supposed sighting of MADELEINE McCANN. It was once again verified that it was a child that resembled her.

On pages 4163 to 4165, the situation that involved the abduction and murder of a minor of gipsy ethnicity, in the city of Huelva, Spain, was considered and duly correlated with the disappearance of MADELEINE McCANN. After several contacts were established with the investigation that was ongoing in the neighbouring country, it was concluded that the occurrences are disparate among themselves.

From pages 4167 to 4182, the forensics report from the National Institute for Forensic Medicine was appended, whose conclusions do not allow for significant advances in the investigation, but which identify several different haplotypes, some of which match intervenients in the process and others without any identificative value.

Immediately, the question concerning the differentiating value of some haplotypes [haplotype (Greek haploos = single) is a combination of alleles at multiple loci that are transmitted together on the same chromosome] was raised, namely concerning JANE TANNER, page 4175, which was located in a residence in Burgau, which, in our understanding, would not be viable and logical, or to say the least, would be very strange. Therefore, in order to clarify this situation, a clarification was requested from that Institute, pages 4320 and following, which, in its reply, is peremptory in stating that there are haplotypes that are identical among each other, in a percentage that is still significant, pages 4325 to 4328. This means that the hair that was found inside that residence, while possessing the same haplotype as JANE TANNER, belongs to someone else.

Still within the area of collection, treatment and analysis of residues, the identification of a stain on the cover of one of the beds in MADELEINE’s bedroom (not the one she slept in), which raised some suspicions, should be pointed out.

Duly analysed, the stain configured a biological residue (saliva) that belonged to a child – CHARLIE GORDON – that had been on holidays, earlier and with his parents, in the same apartment.

On pages 4200 and following and pages 4204 to 4212, two events were reported, which once again, were subject to treatment, and their importance to the ongoing investigation was immediately dismissed.


* * *
pages 51 and 52

Summarising the diligences that are reported in the process and that were carried out or coordinated by the PJ, the following should be mentioned:

- de factum preservation of the location (despite the fact that it had already been rummaged by countless persons), several collections and exams on the existence of possible residues, as well as a circumstantiated photographic report;

- installation, within the first 24 hours, of an extensive operational scheme, including the participation of several police forces and civil protection services, in a total of over 130 elements;

- reinforcement, within the next 24 hours, of said operational scheme, with the mobilization of over 300 elements from police forces and public entities;

- the operational mechanism that was implemented on the terrain included, among others, and as soon as possible, the installation of posts to control the roads and the southern terrestrial frontier with Spain, the usage of canine detection teams, the usage of exceptional search and rescue means – aerial, terrestrial and maritime -, alerts and broadcasts all over the country and abroad. Just as an example, it is mentioned that during the following weeks and in permanence, two helicopters, four ships and several off-road vehicles were used, apart from airplanes and private ships;

- in the same manner, the investigative operations were coordinated with the specific search operations, and hundreds of diligences were carried out, like the identification and hearing – both formally and informally – of citizens, the execution of door-to-door searches in the residences and tourist resorts of Vila da Luz and surrounding areas, the identification and search of vehicles, and searches on the terrain, in an area that was initially of 15 square kilometers, and then was progressively enlarged until 30 square kilometers (where special attention was given to locations like wells, passages, tunnels, dams and lakes);

The magnitude of this operation exceeded, right from the first moment, the dimension that is commonly used in similar cases, a fact that was made public, having been notoriously and widely publicized by the media.

On the following days, over 700 persons that might possess any relevant information about the disappearance were formally and informally questioned, the PJ having used, for that task, over 100 employees from several departments in Portimao, Faro and Lisbon, which worked on a consecutive basis of 24 hours per day.

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

Beyond the already mentioned identifications and domiciliary door-to-door searches, the identification, contact and interview with known suspects in the area that had previously been connected to sexual criminality over minors was carried out.

pages 53 and 54

Also, regarding the missing child's parents, the PJ was careful to schedule periodic meetings with them and to designate an Official Liaison to the family as support for a permanent relationship, with the accompaniment and active collaboration of the Royal British Consulate in Portimao.

Shortly after the beginning of the investigation, continuous relationships were created with the Leicestershire Constabulary which sent, in support, various of their members to Portugal, having, equally, the PJ sending employees to the UK.

It is emphasized, specifically, that the level of cooperation and of understanding between the PJ and the Leicestershire Constabulary achieved, always, very high levels, united in the common pursuit of the missing child and the truth.

As such, the Portuguese authorities engaged an enormous and expensive panoply of technical and human resources, in the attempt to discover the missing child and the understanding of the explanation of the disappearance.

The PJ never disregarded any information or credible elements – as will be seen in this criminal process – that could have led to the realization of the disappearance, and there have been completed, during these months, more than 2000 diligences, formal and informal, in this regard.

As an example, we refer to the international cooperation, especially with Spain, the Netherlands and the UK which led to the detention and identification of individuals who tried to introduce deceptive information about the hypothetical destination or location of the child.

All of the information with any major or minor level of credibility was explored, nationally and internationally, by the PJ, with special relevance given to dozens of supposed sightings or localizations of the child, most of which, in fact, were widely publicized in the press.

The PJ, as in probably no other investigation in Portugal, withheld no effort, in the sense of providing exceptional technical means, manpower and financing towards the discovery of the child and the determination of the truth of the facts, having been completely accompanied in this effort by the Leicestershire Constabulary, the police department headquartered in the city of Leicestershire, from where most of the elements of the holiday group are from.

As another example, just the scientific exams alone cost many tens of thousands of euros.

Addressing now, and specifically, the question relative to the diligence known as the "reconstitution of the facts" (Article 150º of the Penal Process Code), which was not performed due to the refusal of some of the integral members of the holiday group to return to our country (as documented in the Inquiry), the same would have clarified, duly and in the location of the disappearance, the following extremely important details, amongst others:

pages 55 and 56

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

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

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

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

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

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

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

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

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

page 57


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

10-Processo 10- Pages 2679 to 2682

Portimao Public Services Ministry

201/07 GALGS

CONCLUSION - 19-09-2007

As a result of the interrogations contained on pages 2557/2560 and 2569/2576, the arguidos Kate and Gerald McCann were heard, whilst the former, in the exercise of one of her rights, opted not to make statements, her husband opted to speak.

Therefore, as regards to the arguido Kate, an eventual new interrogation would not be any advance given that her option was not to make statements, whilst in the case of the arguido Gerry a new interrogation would not be justified, at least not at the moment, taking into account that there are no new facts with which to confront him (same situation for Kate) therefore meaning that a new interrogation would not have any sense.

On the other hand, a change in the restraining orders applied to the arguidos (TIR) would suppose that the arguidos had abused the obligations imposed and other restraining orders foreseen in the CPP and admissible in the case (article 203 no. 1) together with the former article 204, could only be imposed by means of legal despatch if the following were verified: a) Fleeing or risk of fleeing, b) Risk of obstructing the course of the investigation or process instruction and namely the risk to acquiring, conserving or the veracity of evidence, or c) the risk given the nature of the circumstances of the crime or the arguidos personality, that the latter would continue criminal activity or seriously endanger public order and tranquillity.

From the elements brought to the process it can be stated unequivocally that the arguidos did not violate any of the obligations imposed upon them by the restraining orders that were applied, according to article 196 of the CPP and on the other hand, no grounds are found to apply any other restraining order: the arguidos live in the UK at the address they indicated, as they are currently in the UK no possibility of their interference with the production of evidence, or its acquisition, conservation or veracity can be seen and finally, taking into account their current place of residence, there is no risk for the disturbance of public order and tranquillity.

There are therefore, no reasons to alter their restraining orders.

Pages 2636/2639: it is the consideration of the Policia Judiciaria, namely taking into account our communication on page 1808, indicating that the computers that were apprehended from them, should be returned at the moment when they are no longer of interest to the investigation and as means of evidence.

Pages 2661, 2667/2668 and 2678 deny the requests for consultation of the process files due to judicial secrecy (article 86 no. 3 of the CPP).

In the development of the continuing investigation into the disappearance of Madeleine McCann, the investigation being open, whether to confirm or deny its occurrence in relation to the crimes of abduction, homicide, exposure to abandonment and hiding of the body and according to defined plan, it is necessary to document the real time of the disappearance in question, establish the location of each of the intervening parties - from the McCann couple to the group of friends who were on holiday with them in the Ocean Club tourist apartments in Praia da Luz : Jane Michelle Tanner, Russel James O'Brien, Matthew David Oldfield, Rachael Mampilly, David Anthony Payne, Fiona Elaine Payne and Diane Webster - the date of the facts and posterior moments, as well as to determine the movements of the arguidos Gerald McCann and Kate Healy during the period that they were staying in Portugal, whilst also establishing the connections between all of the group members and third parties.

In this sense and because the following diligences are essential in order to discover the truth, namely the analysis of telephone traffic of the McCann couple and their friends as well as other telephone numbers that were found to be related to the facts that occurred on the night of 3rd May 2007, the files are forwarded to Mmo JIC.

Given the fact that there are suspicions of the crimes of abduction, homicide, exposure or abandonment, hiding of the body, I propose, according to the terms laid down in articles 15 no. 2 of Law 88/89 of 11 September, 187 no.1, line a and 4 and 252 A and 269 no.1 of the CPP:

1. It is requested that the three national mobile operators (TMN, Vodaphone and Optimus) should send a DVD or CD with the complete listings of telephone traffic referring to the calls received and made during the period of time between 28th April 2007 to the 9th September 2007, including cellular location and trace back as well as roaming SMS and MMS and their respective content, of the following telephone numbers:

00447786986188 - Gerald McCann
00447903108397 - Kate Healy
00447748844837 - David Payne
00447796272586 - Fiona Payne
00447790327853 - Diane Webster
00447713258795 - Russel O'Brien
00447808534191 - Jane Tanner
000447771591456 - Matthew Oldfield
00447771591461 - Rachel Mampilly

00447818520047 - unidentified telephone number which on the night of 2nd May 2007 sent 14 written SMS messages to Gerald McCann and another 4 messages on the day following the disappearance of Madeleine McCann.

2. 2. It is requested that the mobile operator TMN send a CD or DVD with the complete listings of telephone traffic referring to the calls received and made during the period of time between 20.00 on 3rd May 2007 and 12.00 on 4th May 2007,including cellular location and trace back as well as roaming SMS and MMS and their respective content, of the following telephone numbers:

969787045 - belonging to the Ocean Club reception in Praia da Luz

964098114 - belonging to the Ocean Club manager, Silvia Batista.

962093051 - belonging to the Lagos GNR post.

3. It is requested that the operator Portugal Telecom should send a DVD or CD with the complete listings of telephone traffic referring to the calls made and received during the period of time between 20.00 on 3rd May 2007 and 12.00 on 4th May 2007 for the following fixed lines:

282771000 - belonging to the Ocean Club reception.

282762809 - belonging to the Lagos GNR post.

In the meantime the existence of a laptop computer rented by Gerald McCann after the disappearance of Madeleine on 3rd May came to our knowledge, which was rented to him by Nuno Ferreira who voluntarily delivered the computer to us so that the appropriate examinations could be carried out.

I propose, according to the terms of article 189 of the CPP that the analysis of the hard disk of the laptop computer Sony, VAIO with series number 282479595001799 should be authorised.

The Public Prosecutor

Signed

Jose Magalhaes e Menezes

[You must be registered and logged in to see this link.]

16 Processos Vol XVI Page 4185

CONCLUSION on 1-4-2008

In the letter of request sent to the United Kingdom relating to the disappearance of Madeleine McCann it was requested that the witnesses who were on holiday with Madeleine's parents would inform us about their availability to come to Portugal to do a reconstruction, the dates proposed being 28/29 April or 15/16 May (in order not to coincide with the date of the disappearance, nor with Madeleine's birthday), the appearance of the witnesses and the carrying out of the reconstruction also being dependent upon the arrival in Portugal of the arguidos, without whom there would be no sense in a reconstruction.

Therefore, notify the arguidos Gerald McCann and Kate Healy, by means of their lawyer Dr Rogerio Alves, to inform of their availability to come to Portugal on one of the dates mentioned above, with the aim of participating in the reconstruction, requesting a rapid response, bearing in mind that the questioning of the witnesses will begin on the 7th April and in order to be able to communicate this availability to the witnesses, as well as resolving all the questions, namely as regards logistics that would be necessary.

As required on page 3944, it was indicated to the PJ that the apprehended belongings be returned, unless they are of interest to the investigation or for matters of evidence.

As it has not been revealed to be of interest to the investigation, the computer made available by Nuno Ferreira (page 2670) should be returned.

Page 3946 . seen.
4186 - Letter re information from Stuart Prior re: reconstruction
16 Processos Vol XVI Page 4186
16_VOLUME_XVIa_Page_4186


INFORMATION

During a recent trip to the UK made by the undersigned, accompanied by Inspectors Joao Carlos and Ricardo Paiva, to accompany the anticipated compliance with the letter of Request sent to the UK Justice authorities, Detective Superintendent Stuart Prior from the Leicestershire Constabulary told us the following:

- following the requests contained in the Letter of Request referring to establishing the availability of various witnesses to come to Portugal in order to carry out a reconstruction exercise of the events, these witnesses expressed some doubts and questions that they would like to see cleared up.

- these doubts and questions were sent to the Superintendent by means of electronic mail and phone calls, and he has asked the undersigned, as far as possible, to remove the difficulties that the construction might have and proceed to clarify;

Therefore and with the aim of completely clarifying these subjects, the document that immediately follows this was produced and sent, by email to Stuart Prior.

Portimao, 15th April 2008

Superior Coordinator


Paulo Rebelo


The following document (in English) (Page 4187)

Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo
Date : 15th April 2008
To : "Prior Stuart"
Subject : Wittnesses' Questions

Dear Stuart,

As previously agreed, here I send the answers to the questions raised by the holidaying group and Jeremy Wilkins regarding the re-enactment.
I also inform you, about the matter of Gerald McCann's credit cards intelligence, that the Prosecutor is not available to make any more changes to the LOR.
Thank you very much, again, for your fantastic cooperation.
Best regards,
Paulo Rebelo.
CSIC

Pages 4190-4192

Processos Volume XVI, pgs. 4190 to 4192

Letter from PJ (Paulo Rebelo) regarding details of proposed reconstruction (English)

Dear Stuart,

As agreed during our visit to Leicester last week, and in order to provide an answer to the questions raised by various witnesses in the investigation into the disappearance of the minor Madeleine McCann, regarding the possibility of carrying out a re-enactment on the site of the events, I shall inform you of the following:

1 - Regarding the arguido or formal suspect status of Gerald McCann and Kate McCann, it is not the PJ's competence to take the decision on the respective clearance. Thus, it is not possible to ensure the arguido status will be changed;

2 - There is no need for the witnesses to be accompanied by their children. For efficiency and celerity purposes, we indeed request that the children don't accompany their parents;

3 - The re-enactment, within the LOR, shall take place probably on May 15, 2008, between 5.30 p.m. and 11 p.m., thus covering the time period before dinner, dinner time and about an hour after having checked that the child had gone missing;

4 - A postponing of the re-enactment will only happen if the weather conditions are extremely bad, once the sites where most part of the events took place weren't exposed to such conditions. We also add the draft agenda to the proceedings, which we plan to be as follows:

- May 15 - In the morning - Arrival to Portugal of the participants in the proceedings;
- In the afternoon - The re-enactment
- May 16 - During the day - Preparation, by the PJ, of the records and documents of the proceedings which will be displayed, reviewed and signed by the participants;
- May 17 - In the morning or in the afternoon - Departure of the participants.

5 - The re-enactment will be carried out with the attendance of the nine holidaying friends, as well as, incidentally, any figurant considered to be necessary for a visualization of the events, i.e. a man carrying a child;

6 - The re-enactment site will be isolated, as much as possible, in order to preserve the security and the integrity of the proceedings. However, we can neither assure the evacuation of the population, nor guarantee the press won't interfere out of the security perimeter which will be established. Thus, we will do our best efforts to try and avoid picture taking by the press. However, we can not completely ensure that won't happen;

7 - The re-enactment will only turn out to be efficient if performed by the participants in the events, once the information provided by the same participants needs to be tested and efficiently compared on-site, and that can only be achieved by means of their own performances. Thus, the possibility of using actors has to be put aside;

8 - The request for the presence of witnesses was submitted through the LOR; the notification for the attendance of the arguidos falls under the competence of the Public Prosecutor's Office;

9 - If it is their wish, the witnesses can be assisted by the Foreign Office and, in the proceedings, also by a legal representative, subject to the consent of the Public Prosecutor's Office. Within the scope of the cooperation that has been taking place, the Leicestershire Police has already been invited to be present in the proceedings;

10 - If the conditions to make the re-enactments are achieved, the payments of participants' airfares and the stay costs will be subject of later evaluation;

11 - The PJ will be responsible for ensuring personal security for all the participants in the proceedings and will facilitate transfers from and to the airport, and from and to the proceedings. The PJ does not foresee any hostile environment or the occurrence of events able to put the participants' physical and psychological integrity at risk;

12 - The witnesses will be invited to participate in the re-enactment, but there are no suspicions over them regarding the commission of any criminal acts;

13 - The translation services of these inquiry proceedings will be provided by private officers of the PJ;

14 - The PJ considers this re-enactment to be highly important, and hopes the witnesses show their total cooperation, as they have been doing so far, towards finding out the truth.

We hope we have provided the answers to all the questions raised by the participants and, for logistics and case preparation purposes, we kindly request to be informed about the participants' respective answers until April 25, 2008.

Best regards,

Paulo Rebelo
CSIC
4187 Email to Stuart Prior re reconstruction questions from Tapas 6(English)

THANKS TO KIZZY
16 Processo Vol 16..Page 4187
16_VOLUMEXVIa_Page_4187

Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo
Date : 15th April 2008
To : "Prior Stuart"
Subject : Witnesses' Questions
Dear Stuart,

As previously agreed, here I send the answers to the questions raised by the holidaying group and Jeremy Wilkins regarding the re-inactment.
I also inform you, about the matter of Gerald McCann's credit cards intelligence, that the Prosecutor is not available to make any more changes to the LOR.
Thank you very much, again, for your fantastic cooperation.
Best regards,
Paulo Rebelo.

16 Processos Volume XVI, pgs. 4190 to 4192

Letter from PJ (Paulo Rebelo) regarding details of proposed reconstruction (English)

Dear Stuart,

As agreed during our visit to Leicester last week, and in order to provide an answer to the questions raised by various witnesses in the investigation into the disappearance of the minor Madeleine McCann, regarding the possibility of carrying out a re-enactment on the site of the events, I shall inform you of the following:

1 - Regarding the arguido or formal suspect status of Gerald McCann and Kate McCann, it is not the PJ's competence to take the decision on the respective clearance. Thus, it is not possible to ensure the arguido status will be changed;

2 - There is no need for the witnesses to be accompanied by their children. For efficiency and celerity purposes, we indeed request that the children don't accompany their parents;

3 - The re-enactment, within the LOR, shall take place probably on May 15, 2008, between 5.30 p.m. and 11 p.m., thus covering the time period before dinner, dinner time and about an hour after having checked that the child had gone missing;

4 - A postponing of the re-enactment will only happen if the weather conditions are extremely bad, once the sites where most part of the events took place weren't exposed to such conditions. We also add the draft agenda to the proceedings, which we plan to be as follows:

- May 15 - In the morning - Arrival to Portugal of the participants in the proceedings;
- In the afternoon - The re-enactment
- May 16 - During the day - Preparation, by the PJ, of the records and documents of the proceedings which will be displayed, reviewed and signed by the participants;
- May 17 - In the morning or in the afternoon - Departure of the participants.

5 - The re-enactment will be carried out with the attendance of the nine holidaying friends, as well as, incidentally, any figurant considered to be necessary for a visualization of the events, i.e. a man carrying a child;

6 - The re-enactment site will be isolated, as much as possible, in order to preserve the security and the integrity of the proceedings. However, we can neither assure the evacuation of the population, nor guarantee the press won't interfere out of the security perimeter which will be established. Thus, we will do our best efforts to try and avoid picture taking by the press. However, we can not completely ensure that won't happen;

7 - The re-enactment will only turn out to be efficient if performed by the participants in the events, once the information provided by the same participants needs to be tested and efficiently compared on-site, and that can only be achieved by means of their own performances. Thus, the possibility of using actors has to be put aside;

8 - The request for the presence of witnesses was submitted through the LOR; the notification for the attendance of the arguidos falls under the competence of the Public Prosecutor's Office;

9 - If it is their wish, the witnesses can be assisted by the Foreign Office and, in the proceedings, also by a legal representative, subject to the consent of the Public Prosecutor's Office. Within the scope of the cooperation that has been taking place, the Leicestershire Police has already been invited to be present in the proceedings;

10 - If the conditions to make the re-enactments are achieved, the payments of participants' airfares and the stay costs will be subject of later evaluation;

11 - The PJ will be responsible for ensuring personal security for all the participants in the proceedings and will facilitate transfers from and to the airport, and from and to the proceedings. The PJ does not foresee any hostile environment or the occurrence of events able to put the participants' physical and psychological integrity at risk;

12 - The witnesses will be invited to participate in the re-enactment, but there are no suspicions over them regarding the commission of any criminal acts;

13 - The translation services of these inquiry proceedings will be provided by private officers of the PJ;

14 - The PJ considers this re-enactment to be highly important, and hopes the witnesses show their total cooperation, as they have been doing so far, towards finding out the truth.

We hope we have provided the answers to all the questions raised by the participants and, for logistics and case preparation purposes, we kindly request to be informed about the participants' respective answers until April 25, 2008.

Best regards,

Paulo Rebelo
CSIC
4198 Email from Stuart Prior( English)
16 Processo Vol 16 Page 4198
16_VOLUMEXVIa_Page_4198

Ricardo Manuel Goncalves Paiva

From : Prior Stuart (Stuart.Prior@leicestershire.pnn.police.uk )
Date : 23rd April 2008
To : Ricardo Manuel Goncalves Paiva
Subject : NOT PROTECTIVELY MARKED : -FW : Synopsis Michael Wright
Annexes : Synopsis Michael Wright.doc
As discussed
Stu.
4199 Synopsis of Michael Terrence Wright's statement 2008.04.16 (English)
16 Processo Vol 16 Page 4199
16_VOLUMEXVIa_Page_4199

Table of Contents : - "Synopsis of Michael Terrence Wright's statement 2008.04.16"

Synopsis re statement of Michael Terre(n)nce WRIGHT 16th April 2008.

Michael's wife (Anne-Marie) is the cousin of Kate MCCANN but has known her since she was about 8 years old when she used to holiday on the Isle Of Man where he used to live. He has known Gerry since 1997 when he started to go out with Kate. They now generally meet up on key family events.
The families stayed together in each others homes in 2006 and February 2007 and were planning a family holiday in the UK in June 2007.

He received a phone call around 11pm on the 3rd May from his wife's mother informing him that Madeleine had been taken from her bed. Between 10am and 11am next(?) morning..(Note : quoted as 10am and 11am that morning in text) he again spoke with Kate who wanted her parents to join them in Portugal.
Michael went out to Portugal on the 5th May and initially stayed above Kate and Gerry on the Mark Warner Complex. He returned to the UK on the 11th May but made 5 further trips to Portugal ;
14th May-18th May
8th June-13th June : with his wife and they looked after the twins when Kate and Gerry went to Morocco.
12th July-13th July : he returned with Kate and the twins to attend the Christening of his own children while Gerry was already in the UK. The MCCANN'S returned to Portugal on the 15th July.
22nd August- 1st Sept to replace the CAMERON family. Here he assisted in arranging the return of Gerry and Kate (Note : to the UK (sic)) by booking a removal firm in Lagos in his name.
7th Sept-9th Sept : He helped clean up the Villa as the MCCANN'S with the CAMERONS and Eileen McCann returned home on the 9th September.
In August and September he stayed in Gerry and Kate's rented Villa.

Michael assisted with the running of the Madeleine Campaign and describes Gerry and Kate as distraught, and how they crumbled and sobbed when not out at official meetings or Media Conferences.

Michael was aware of the hire of the Renault Espace : he was collected from the airport by Kate on the 12th July in it and drove the vehicle regularly in August and September. He used the vehicle for shopping and to the rubbish/recycling area in Praia for the removal of gardening rubbish. He drove the twins to the beach and kiddies club and also for airport runs. Other times he would be a passenger when Gerry or Sandy Cameron would drive.

A number of refuse sites were used. Two areas on the Villa Estate, at the main entrance and at the top of the hill. A site on Cemetery Road, a site on a road above the Mark Warner Complex and a site between the Villa and the Church.
On a number of occasions he noticed an unpleasant smell in the vehicle that he put down to the twin's used nappies which had been discarded with the general waste. He was not aware of any spillages in the vehicle or anyone cleaning it.

Michael further stated that on the 6th May he purchased a large quantity of Pizza's from the Pizza Shack on the beach at Praia da Luz. The girl serving him was from Liverpool and after introductions she said her father "George" had seen a man carrying a child in the early hours of the 4th May in the resort. He is unaware if "George" has ever spoken to the Authorities.

DS 278 ADCOCK
4213 - Service information re emails and reconstruction
16 Processos Vol XVI Page 4213
16_VOLUME_XVIa_Page_4213



Date: 2008-03-31


Service Information

To: The Coordinator of the Criminal Investigation Paulo Rebelo

From: Inspector Ricardo Paiva


Subject: Expedient for annexing to the process files


Following the request made by this police force to the British authorities of the Leicester police to contact the group of friends of the McCann couple as well as Jeremy Wilkins, in the sense of their being questioned about whether, with regard to the penal processional diligence which consists of the reconstruction of the events that occurred in Praia da Luz on the night of 3rd May 2007, they would be available to travel to Portugal, with the aim of participating in the reconstruction, several of the witnesses raised some questions about this subject, which were quickly responded to according to your indications.

In this context, in the exchange of electronic correspondence with the Leicester Police, emails were produced which are attached to this Service Information, duly translated into Portuguese, to be annexed to the process files.

I bring this to your knowledge.

Signed

Inspector
Ricardo Paiva

16 Processo 16 Pages 4214 4215
16_VOLUMEXVIa_Page_4214
16_VOLUMEXVIa_Page_4215

Email sent to the PJ from Graham Michael

19 March 2008 16:39

Dear Ricardo,

I refer to our recent telephone call conversations and can confirm that we will starting the interview process w/c 7th April 2008. I hope the e-mail sent on Thursday 13th March helps with your arrangements for your accommodation.

I am in receipt of your e-mail regarding further questions for John Lowe at the FSS and I will forward them for him to answer.

As discussed on Friday, we have made contact with the holiday group ( Paynes, Webster, O'Brien, Tanner, Oldfield, Manpilly ) regarding their availability for the proposed dates for a re-enactment in Portugal. We are still awaiting response from Jeremy Wilkins.

Before they will fully commit to attending they have the following questions that they request are answered:-

1 - Why do the PJ want them to take part in the re-enactment'
2 - What is the aim, what are the PJ trying to achieve with the re-enactment'
3 - Why so close to the anniversary'
4 - Why don't the PJ use actors'
5 - Will the footage of the re-enactment be released to the press/TV etc'
6 - What protection is there for the friends in relation to the media coverage/likely frenzy
Would you please speak with the Director regarding these questions and consider how you would like us to respond. I would be grateful for a prompt response as this will hopefully ensure that the witnesses are available to attend.
Yours Sincerely
Mick Graham
Detective Inspector
Major Crime Unit
4216 Letter from the PJ answering questions from Tapas group
4217 Portuguese translation of page 4216
16 Processo 16 Pages 4216 - 4217
16_VOLUMEXVIa_Page_4216
16_VOLUMEXVIa_Page_4217

Email sent from the PJ to Graham Michael / Stuart Prior

20 March 2008 11:56

Hello good morning Mick.

In answer to the questions raised by the holiday group regarding the re-enactment in Praia da Luz, Mr Paulo Rebelo wishes to clarify them as follows:

1 - Why do the PJ want them to take part in the re-enactment'

The PJ wants them to take part in the re-enactment because they were the ones who experienced the situation. Therefore they are in the best conditions to reproduce it.

2 - What is the aim, what are the PJ trying to achieve with the re-enactment'

The PJ is trying to find out, with accuracy, the circumstances of the events occurred, using for that purpose the exact place of events and the same persons who took part in it.

3 - Why so close to the anniversary'

Only now has the PJ conditions to carry out these proceedings, and also because it is desirable that the weather conditions are as similar as possible to those at the time of the events.

4 - Why don't the PJ use actors'

The reason is because only the persons involved can clarify, with accuracy and at the same place, their position and movements.

5 - Will the footage of the re-enactment be released to the press/TV etc'

The PJ won't release any pictures/footage to the press.

6 - What protection is there for the friends in relation to the media coverage/like frenzy'

The place will be isolated and press interference will be avoided to its maximum.

The re-enactment will be carried out in one single day, at the exact time the events occurred.

However, the witnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.

Best regards.
Ricardo Paiva
4218 to 4219 Email to Paiva indicating Tapas group still undecided about reconstruction 2008.03.28 (English
16 Processo 16 Pages 4218 to 4219
16_VOLUMEXVIa_Page_4218
16_VOLUMEXVIa_Page_4219
Email sent to PJ to Graham Michael / Stuart Prior

28 March 2008 16:33

(processo/16 - VOLUME XVIa.pdf P89 )

Dear Ricardo,

An update for you, as discussed this morning;

We have spoken on a number of occasions with the holiday group and they are still undecided whether they will agree to attend Portugal to take part in this process.

As a group, they are waiting to see if Gerry and Kate McCann will be invited to attend and participate in the re-enactment. It is my understanding that if Gerry and Kate do not participate in this process, then the decision will be that they will not attend.

In addition, the group have stated that they would require written reassurances about how the process was going to be conducted before agreeing to attend.

Therefore, until these issues are resolved we are unable to get a firm commitment from the holiday group to attend on either of the proposed dates.
Mick.

---------------------------------------
4219
The place will be isolated and Press interference will be avoided to it's maximum.

The re-inactment will be carried out in one single day, at the exact time of the events occurred.
However, the wittnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.

Best Regards,
Ricardo Paiva
4224 to 4226 Email from R. Oldfield asking more questions re reconstruction (English) 2008.04.23
16-Processo 16 Pages 4224 4226
16_VOLUME_XVIa_Page_4224
16_VOLUME_XVIa_Page_4225
16_VOLUME_XVIa_Page_4226

Page 4224 :

From : Stuart Prior ( [You must be registered and logged in to see this link.] )
Date : 24th April 2008
To : Ricardo Manuel Goncalves Paiva
Subject : FW : Re-enactment questions.

Ricardo,
This is the first reply received from the friends of the McCann's.
It seems to be the same as when you were in the UK that Rachael and Matthew would be willing to attend if they are satisfied as to the purpose of the re-enactment but clearly do not feel the previous answers from Paulo cover their questions.
Could you please discuss the attached e-mail with Paulo, see if any further answers can be clarified and get back to me.
Thanks,
Stu.

------------Original Message----------
From : Rachael Oldfield ()
To : "Prior Stuart"
Cc : "Matthew Oldfield" ()
Sent : Wednesday, April 23rd, 2008.
Subject : Re : Re-enactment questions

Dear Stuart,

Thank you for your e-mail and the attached response from the PJ.

We remain unconvinced that this reconstruction is necessary. Our most
significant question hasn't been answered, ie, how is it going to help find Madeleine/materially benefit the search for her ?

Point 14 of the PJ's response says that they consider this re-enactment "highly important". Why is that ? What are they really trying to get out of a reconstruction ?

Either they believe our version of the events of May 3rd 2007, or they don't. If they do, why the need for a reconstruction ? If they don't believe us, do they want a reconstruction so we can convince them otherwise ?

If the purpose of a reconstruction is to convince the Prosecutor to lift Kate and Gerry's arguido status then we would consider taking part in it. If it is to properly focus the investigation on the person seen carrying a child away from the apartment, again, we would consider taking part because that would help to find Madeleine.

We just need to be properly convinced of the reasons for doing a re-enactment.

We know you are the middle man in all this but we are sorry for more questions !
Please give either of us a call if you would like to talk through the above. Also if you feel this e-mail should be forwarded to the PJ please could you let us know.

Many thanks,
Kind regards,
Yours sincerely,
Rachael and Matthew Oldfield.

Page 4225

------ On Thurs, 17th April 2008, Prior Stuart wrote :
From : Prior Stuart
Subject : Re-enactment questions
To : "Rachael Oldfield"
Date : Thursday, April 17th, 2008

Dear Rachael and Matthew,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.
Stu

Page 4226
Leicestershire Constabulary.
4229 to 4230 Email re: Jes Wilkin's reply to reconstruction 2008.04.28(English
16 Processo 16 Pages 4229-4230
16_VOLUME_XVIa_Page_4229
16_VOLUME_XVIa_Page_4230

Page 4229 (Page 1 of 2)

From : Prior Stuart
Date : 24th April 2008
To : Ricardo Manuel Goncalves Paiva
Subject : NOT PROTECTIVELY MARKED : FW : Re-enactment questions

Ricardo
here is Jes's reply
spk soon
Stu

From : Jes Wilkins ()
Sent : 16th April 2008
To : Prior Stuart
Subject : Re : Re-enactment questions

Thanks Stuart,
As discussed with your colleagues last week I still feel reluctant to agree to this for a number of reasons including family and work commitments, the likelyhood of media intrusion and a lack of information about anything tangible or constructive that is likely to be achived by doing this.
I am happy to discuss further if necessary.
Jes
----------Original Message-------------

From : Prior Stuart
Sent : 16th April 2008
To : Jes Wilkins
Subject : Re-enactment questions

Dear Jeremy,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.
Stu
Page 4230 (page 2 of 2)
Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

From : Prior Stuart
Date : 28th April 2008
To : Ricardo Manuel Goncalves Paiva
Subject : Re-enactment questions

Ricardo
As with the others, seems that they would be prepared to attend if the questions they ask are satisfied.
Stu

From : fiona webster (e-mail address quoted)
Sent : 25th April 2008
To : Prior Stuart
Subject : Re : Re-enactment questions

Dear Stuart,

We have deliberated an awful lot about whether we should participate in the re-enactment or not. It is not an easy decision as nothing about this case is straightforward.

We appreciated that paulo Rebelo attempted to answer many of our concerns however we are still left feeling very uncertain of the motives in organising a re-enactment. What information are they hoping to gain and how exactly is it going to help in moving the investigation on in a positive direction ? As you know, we feel we would be making ourselves and our families extremely vulnerable by returning to Portugal and would like to be persuaded that doing this would be wholly beneficial to the investigation....and FINDING MADELEINE. As yet we remain unconvinced.

We remain open to further discussion regarding this key issue.

Please feel free to call if you would like to discuss this in person.

Many kind regards,

Fiona and David Payne.

Page 4232 (Page 2 of 2)

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

From : Prior Stuart
To : fiona webster
Sent : Wednesday, April 16th, 2008
Subject : Re-enactment questions

Dear Fiona, Dianne and David,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.

Stu

Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

able of Contents : Vol 16..(PDF pages 105, 106)..Pages 4235 to 4236- "Email from Stuart Prior to Ricardo Paiva 2008.04.28"

(For transference to relevant Thread within the Table of Contents Thread)

Page 4235 (Page 1 0f 2)

From : Prior Stuart
Date : 28th April 2008
To : Ricardo Manuel Goncalves Paiva
Subject : Reply to PJ- 23rd April
Annexes : Reply to PJ- 23rd April.doc

Ricardo, the final reply
sorry for the slight delay but something came up.
again they seem to be saying that if certain questions are answered and issues resolved they would be willing to attend.
give me a call when you have read the 3 replies.
Stu

From : Russell O'Brien ()
Sent : 25th April 2008
To : Prior Stuart
Subject : Reply to PJ- 23rd April

Dear Stuart,
Please find attached our reply to Mr Rebelo's letter. Thanks for forwarding this on our continued concerns regarding the re-enactment.

I hope the rest of the interviews went well and thanks for arranging them in such a sensitive manner for us.

Hope you are well,
Yours,

Russell and Jane
--------------------------------
Page 4236 (Page 2 of 2)

Thank you for your co-operation.

(Leicestershire Constabulary)
4237 Letter from O'Brien and Tanner re.reconstruction 2008.04.23 (English)

[Processo/16 - VOLUME XVIa.pdf P106 ]

xx xxxxxx xxxx
Exeter
Devon
xxx xxx


23rd April 2008

Re: Re-enactment of Events of 3/5/2008

Dear Stuart, Many thanks for your email, and for forwarding the reply from Senhor Rebelo. Also, thanks to you and your colleagues for arranging the re-interviews.

It is somewhat reassuring to see in writing from the PJ that there are "no suspicions over [us] regarding the commission of any criminal acts." However, we heard something similar in the weeks before Kate and Gerry were made arguidos! Additionally, the thrust of the PJ's closed questions during the re-interviews seemed only to focus on Kate and Gerry's culpability, suspicion about our written timeline or who involved the media.

After a year of lies, accusations and intrusion, I am sure that the Mr Rebelo can appreciate our complete revulsion at what Kate and Gerry have been forced to endure. Furthermore, we cannot help but feel that the re-interviews and re-enactment are all too little and far too late.

However, the last thing we would ever want is a standoff between us and the PJ, something that would only delight and benefit the press. Kate and Gerry desperately need the cloud of suspicion over them to be emphatically lifted, and the PJ need to complete their investigation. We also appreciate the legal obstacles to removing Kate and Gerry's arguido status, but would request that prior to us agreeing to the re-enactment the PJ:

' publicly dispels the damaging and disturbing lies churned out by the Portuguese press regarding alleged changes to statements, re-interviews or alleged lack of co-operation.

' publicly states there are "no suspicions over [us] regarding the commission of any criminal acts." This in no way compromises judicial secrecy.

This in no way compromises judicial secrecy. But without some official intervention on their part, a return for the re-enactment seems little more than a perfect opportunity for the press to speculate and libel us all once again.

We are very keen to help an investigation aiming to establish what's happened to Madeleine, but have no desire to assist one that seeks only to damn our innocent friends. By actively restoring the focus on Madeleine and robustly dispelling the countless speculation, the PJ can expect our continued co- operation.

Yours sincerely,

Russell O'Brien & Jane Tanner

PS: We certainly do not request any specific reimbursement for travel or accommodation

Processo/16 - VOLUME XVIa.pdf P111 ]
Vol XVI p. 4241
Paulo Fernando Gaspar Rebelo
De: Paulo Fernando Gaspar Rebelo Enviado: terca-feira, 29 de Abril de 2008 1502

Para: 'Prior Stuart'
Assunto: FW: Witnesses' Questions
De: Paulo Fernando Gaspar Rebelo Enviada: terca-feira, 29 de Abril de 2008 12:39 Para: 'Prior Stuart' Assunto: 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 acts 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, the witnesses shall inform, till tomorrow noon, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation.

Best regards Paulo Rebelo
CSIC

Table of Contents : Page 4243?"Email from Stuart Prior re: Tanner and O'Brien response 2008.04.30"

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gon?lves Paiva
Subject : FW : Re-enactment
Ricardo
This is the first of the replies. It implies that after Legal Advice is sought then Jane and Russell would be prepared to take part.
Give me a call
Stu

From : [You must be registered and logged in to see this link.]
Sent : 30th April 2008 11.27 am
To : Prior Stuart
Subject : Re-enactment

Dear Stuart,

Thank you for your detailed phone call yesterday evening.

We write regarding Mr Rebelo's request for a decision by noon today. Jane and I agree in principle to participate in the re-enactment. However, given the change in nature of the request, we feel it is necessary to seek additional Legal Advice to advise us on this course of action.

Yours,
Russell O'Brien and Jane Tanner

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 ( [You must be registered and logged in to see this link.] )
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 ( [You must be registered and logged in to see this link.] )
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