Derek Flack 06-05-07 re Man Watching Car-Park

200-205 Deposition Derek Flack 06-05-07 re Man Watching Car-Park
Processo 01 VOLUME Ia Page 200-205

Deposition: Derek Flack 06/05/2007 Portimao

He comes to the case as a witness following the events on the morning or early afternoon of 2nd or 3rd May (last Wednesday or Thursday) which might have a bearing on the present investigation.
- As he does not write of speak Portuguese he is assisted by an interpreter, G.L.C. de Jesus, at the request of the PJ.
- Relating to the events of the present investigation he states that he owns a holiday home on Rua do Ramalhete in Praia da Luz where he spends extended holiday periods in our country together with his long-time common-law partner of 36 years, C.M.Dale.
- They both arrived in our country on the early morning of 29 April 2007 having stayed at the above residence.
- Subsequently, on the late morning or early afternoon of either 2nd or 3rd May, not being certain which, the deponent and his partner were out walking in the vicinity of their home.
- Asked, he does not recall the exact route taken but they went up from their home to Rua Dr. Agostinho da Silva then down Rua Dr. Francsico Gentil Martins where the "Ocean Club Gardens" is situated.
- At that time as they passed the residential block he noticed a light commercial vehicle, (in all respects the same as an Opel Corsa Van), white in colour but dirty, with only one side window in the 'hanging' door, but not knowing the exact make, model or other identifying characteristics - including the number plate. Everything considered he judged it to be an old model.
- When going down the road he passed an individual standing on his left at the beginning of a path and at the entrance of a small car park opposite the reception of the resort.
- At the point they passed the individual the deponent had seen him face-on because he was facing the opposite direction to which he was walking, and appearing to be watching attentively movements adjacent to the parked vehicle.
- Asked, the deponent said that he noticed the above because he had a high instinct for vigilance due to his participation where he lived in England in a neighbourhood-watch in which suspicious persons or movements were watched for and detected to maintain order, unlike his partner who detected nothing of such incidents.
- Hence, he was aware that the man's attention was fixed on the area in question in such a way that he was unaware of the deponent's presence.
- Urged to describe the man, the deponent said he was Caucasian, dark-skinned, medium stature, 1,70 to 1,75m tall, about 25 to 35 years old.
- Adding that the man had dark and thick hair but with no noticeable fringe.
- Regarding apparel he adds that he didn't observe this in detail, judging that he wore a plain T-shirt, possibly yellow.
- The deponent wished to clarify that he was convinced that the man was not one of the many tourists who frequented that area, considering his features and physical appearance.
- Asked, said that, initially, he had associated the man with the van because had looked deliberately at the area around it.
- Notwithstanding, having learned of the disappearance of MBM on 3 May from inside one of the resort residences mentioned above, he linked the two and that was the reason he came forward to the police.
- Asked to justify he said that the van was situated close to the gateway on the side of the building which led to the veranda of the apartment in question.
- Hence, one could conclude that the man was monitoring the movements next to that gate and possibly of the interior of the apartment.
- For the rest, he adds that after having reflected specifically on the incidents he concluded that it was the man's deliberate focus on the area in which the events that gave rise to the investigation occurred.
- Urged to reveal details about the area around the van, the deponent could not be certain if the vehicle was directly next to, slightly above or slightly below, the gateway.
- However, he was certain that it was a very short distance from, and directly in the path of the gate.
- Asked, aside from what he reported above, he did not recall having seen the man before in that vicinity or any other place, nor caught the slightest glimpse of him since the crime that victimised the minor Madeleine.
- The deponent is not sure if he would recognise him again in the event that they should meet.
- Based on the above description image e-Fit #18/2007 as attached.
- Finally, having been asked, he states that he intends to return to England next Saturday, 12 May 2007.