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.
Showing posts with label Deposition. Show all posts
Showing posts with label Deposition. Show all posts
11.11.12
Susan McCluskey 09-05-2007 re Van Man Carrying Child
129-130 Deposition Susan McCluskey 09-05-2007 re Van Man Carrying Child
05-01-Apensos V Vol 1 Pages 129-130
CONFIDENTIAL STATEMENT
Number : S18
Surname : MCCLUSKEY
Forename(s) : SUSAN
Age : OVER 18 Date of Birth : 14th May 1957
Address : x, LIxx AVxxxx, SUNDERLAND, TYNE AND WEAR
Postcode : SRx xxx
Telephone No : 019153xxxxx
Statement Date : 9th May 2007 Number of pages : 3
I am the above named person living at an address known to the Police.
At approximately 10 to 2 in the morning of Saturday 5th May 2007, I was on holiday in the town of ALVOR, PORTUGAL, with my husband Richard. We were walking up the bank from the town returning to our hotel complex known as, CLUBE ALVORFERIAS, after a night out. We were the only people on the street. We were on the main road which was dark but lit by street lighting.
As we approached the hotel Raymond drew my attention to a vehicle which had stopped on the junction across the road. It was parked in the middle of the junction and initially I had thought it had broken down because of the way it was stopped. I did not have any glasses on but I was able to distinguish a male with a child get up and stagger up the hill. I can say the vehicle was about 20-30 feet away when it stopped but we had a clear and unobstructed view of the junction. There was no traffic and the junction was well lit with street lighting. Raymond then decided to go across and check out the vehicle. We both went over and wrote the vehicle registration of the white 'pick-up' vehicle down on my hand. We had been at the vehicle only a very short time, possibly a couple of minutes when a woman and a couple in a dark vehicle appeared from the road in front of the van almost simultaneously. I could describe the woman as 5 ft 5 inches - 5ft 6 inches blonde ponytail with a very worried / white face. I only noticed she was casually dressed. I could see that the male who got out of the car was on his mobile phone. We got into conversation as he could speak English and I asked him whether he was looking for a man with a child to which he said yes. He said he had seen the man hit the girl who was her and had turned around to see if he could catch him which was how he had ended up here. I also asked him if he knew about the missing child to which he said yes. I said can we leave it with you and he said 'yes'. He was still on the phone at this time.
We left and returned to the hotel. We went to security to report the matter but the doors were locked. We therefore went to our room and had a coffee watching Sky News. We saw the news that the girl still had not been found and a report of a couple acting suspiciously. We could not settle and returned to security and woke him up and explained the situation, after which we returned to the pick -up and saw it and the woman still there. At this point the security guard said leave it with me and initially we did. However after a while we had not had anybody call so we went back down and spoke to the security man who stated he had spoke to the woman who said she had a family argument over not being able to find a child minder, and he had to leave the van there for the boss to pick it up. We were incensed by this in light of what was on the news and Richard asked for the Police and contacted them himself.
Signed:
S McCluskey
Signature witnessed by:
05-01-Apensos V Vol 1 Pages 129-130
CONFIDENTIAL STATEMENT
Number : S18
Surname : MCCLUSKEY
Forename(s) : SUSAN
Age : OVER 18 Date of Birth : 14th May 1957
Address : x, LIxx AVxxxx, SUNDERLAND, TYNE AND WEAR
Postcode : SRx xxx
Telephone No : 019153xxxxx
Statement Date : 9th May 2007 Number of pages : 3
I am the above named person living at an address known to the Police.
At approximately 10 to 2 in the morning of Saturday 5th May 2007, I was on holiday in the town of ALVOR, PORTUGAL, with my husband Richard. We were walking up the bank from the town returning to our hotel complex known as, CLUBE ALVORFERIAS, after a night out. We were the only people on the street. We were on the main road which was dark but lit by street lighting.
As we approached the hotel Raymond drew my attention to a vehicle which had stopped on the junction across the road. It was parked in the middle of the junction and initially I had thought it had broken down because of the way it was stopped. I did not have any glasses on but I was able to distinguish a male with a child get up and stagger up the hill. I can say the vehicle was about 20-30 feet away when it stopped but we had a clear and unobstructed view of the junction. There was no traffic and the junction was well lit with street lighting. Raymond then decided to go across and check out the vehicle. We both went over and wrote the vehicle registration of the white 'pick-up' vehicle down on my hand. We had been at the vehicle only a very short time, possibly a couple of minutes when a woman and a couple in a dark vehicle appeared from the road in front of the van almost simultaneously. I could describe the woman as 5 ft 5 inches - 5ft 6 inches blonde ponytail with a very worried / white face. I only noticed she was casually dressed. I could see that the male who got out of the car was on his mobile phone. We got into conversation as he could speak English and I asked him whether he was looking for a man with a child to which he said yes. He said he had seen the man hit the girl who was her and had turned around to see if he could catch him which was how he had ended up here. I also asked him if he knew about the missing child to which he said yes. I said can we leave it with you and he said 'yes'. He was still on the phone at this time.
We left and returned to the hotel. We went to security to report the matter but the doors were locked. We therefore went to our room and had a coffee watching Sky News. We saw the news that the girl still had not been found and a report of a couple acting suspiciously. We could not settle and returned to security and woke him up and explained the situation, after which we returned to the pick -up and saw it and the woman still there. At this point the security guard said leave it with me and initially we did. However after a while we had not had anybody call so we went back down and spoke to the security man who stated he had spoke to the woman who said she had a family argument over not being able to find a child minder, and he had to leave the van there for the boss to pick it up. We were incensed by this in light of what was on the news and Richard asked for the Police and contacted them himself.
Signed:
S McCluskey
Signature witnessed by:
Richard McCluskey 09-05-2007 re Van Man Carrying Child
127-128 Deposition Richard McCluskey 09-05-2007 re Van Man Carrying Child
05 01 Apensos Vol 1 Page 127-128
Deposition: Richard McCluskey
Age 61
Retired
Statement Date 09th May 2007
On Saturday 05 May 2007 at approximately 01.50hrs I was with my wife Susan in the holiday resort of ALVOR, PORTUGAL. We were walking up the bank from the town of Alvor in order to return to our hotel, known as the Clube Alvorferias, after a night out. As we approached the junction I observed a white ford transit vehicle drive up the bank and stop well away from the kerb in the junction turning right, blocking traffic turning right. I would describe the vehicle as a flatbed 'transit' van with a white cab area with white metal fold down side flaps/boards. I recognise the type of vehicle as I used to drive one. I did not notice whether it had any identifying marks of advertising on it.
As it had caught our attention I stopped and watched. I then observed a dark skinned male, well built, dark hair (page 1) get out of the vehicle and begin to stagger up the bank in a drunken manner. I could not see much detail because it was dark but I could see that he had cradled a child of about 3-4 years over his left shoulder. Again I could not give anything else due to the darkness but it was clear that the child was not making any noise, or crying, or appear in distress. There was no movement at all.
I was aware that a child was missing in the area and therefore went and took the registration of the vehicle, which my wife wrote initially on her hand and later on a piece of paper.
I watched him stagger approx 200m up the bank and then turn right on a road into a complex area. It was at this point that the situation appeared very strange and so we decided to take the vehicle number.
As we were taking the number a woman appeared half running towards the van from the road on which the van was parked. She was clearly in distress and upon seeing us began to talk in Portuguese. We could not understand her and at this point we were the only other people on the street; but as we were talking a young Portuguese couple appeared from (page 2) the same direction as the woman in a small red vehicle and stopped. The male came over and was able to speak good English he translated what the woman was saying. In the conversation it became apparent that the couple had observed the male with the child in a situation further up the road and had seen the man hit the woman and had driven around the block and found the woman with us. He said he had phoned the police. Thinking everything was alright we left the couple, woman and van in situ and entered our apartment.
Upon entering the apartment we put on Sky news and became aware of a news report about a young couple acting suspiciously in relation to the disappearance of the British child. I therefore went to thhe complex and informed them of what I had seen and gave him the registration on a piece of paper. We then returned to the area and saw the woman and the vehicle still in place. I returned to the apartment and after an hour hadn’t heard anything so I contacted the police. Eventually I got through to an English speaker and explained what had happened. The police stated they were sending someone to reception. I decided to go down and wait for them. As I got downstairs I could see two police in a patrol vehicle outside reception. The officers spoke English and I explained the situation and gave them another copy of the registration which we had written down. They told me they were dealing or had dealt with the situation. Then at about 03.15 we checked the area again and the van and woman had gone.
I can confirm that the registration was 3893 VL for the transit vehicle. I have also produced a hand-drawn map of the local area which I now produce as RMC/1.
Signed
R. McCluskey
05 01 Apensos Vol 1 Page 127-128
Deposition: Richard McCluskey
Age 61
Retired
Statement Date 09th May 2007
On Saturday 05 May 2007 at approximately 01.50hrs I was with my wife Susan in the holiday resort of ALVOR, PORTUGAL. We were walking up the bank from the town of Alvor in order to return to our hotel, known as the Clube Alvorferias, after a night out. As we approached the junction I observed a white ford transit vehicle drive up the bank and stop well away from the kerb in the junction turning right, blocking traffic turning right. I would describe the vehicle as a flatbed 'transit' van with a white cab area with white metal fold down side flaps/boards. I recognise the type of vehicle as I used to drive one. I did not notice whether it had any identifying marks of advertising on it.
As it had caught our attention I stopped and watched. I then observed a dark skinned male, well built, dark hair (page 1) get out of the vehicle and begin to stagger up the bank in a drunken manner. I could not see much detail because it was dark but I could see that he had cradled a child of about 3-4 years over his left shoulder. Again I could not give anything else due to the darkness but it was clear that the child was not making any noise, or crying, or appear in distress. There was no movement at all.
I was aware that a child was missing in the area and therefore went and took the registration of the vehicle, which my wife wrote initially on her hand and later on a piece of paper.
I watched him stagger approx 200m up the bank and then turn right on a road into a complex area. It was at this point that the situation appeared very strange and so we decided to take the vehicle number.
As we were taking the number a woman appeared half running towards the van from the road on which the van was parked. She was clearly in distress and upon seeing us began to talk in Portuguese. We could not understand her and at this point we were the only other people on the street; but as we were talking a young Portuguese couple appeared from (page 2) the same direction as the woman in a small red vehicle and stopped. The male came over and was able to speak good English he translated what the woman was saying. In the conversation it became apparent that the couple had observed the male with the child in a situation further up the road and had seen the man hit the woman and had driven around the block and found the woman with us. He said he had phoned the police. Thinking everything was alright we left the couple, woman and van in situ and entered our apartment.
Upon entering the apartment we put on Sky news and became aware of a news report about a young couple acting suspiciously in relation to the disappearance of the British child. I therefore went to thhe complex and informed them of what I had seen and gave him the registration on a piece of paper. We then returned to the area and saw the woman and the vehicle still in place. I returned to the apartment and after an hour hadn’t heard anything so I contacted the police. Eventually I got through to an English speaker and explained what had happened. The police stated they were sending someone to reception. I decided to go down and wait for them. As I got downstairs I could see two police in a patrol vehicle outside reception. The officers spoke English and I explained the situation and gave them another copy of the registration which we had written down. They told me they were dealing or had dealt with the situation. Then at about 03.15 we checked the area again and the van and woman had gone.
I can confirm that the registration was 3893 VL for the transit vehicle. I have also produced a hand-drawn map of the local area which I now produce as RMC/1.
Signed
R. McCluskey
GNR Antonio Duarte 16-05-07
1315-1317 Deposition GNR Antonio Duarte 16-05-07 re Abductor Shutter Murat etc
05-Processos Vol V Pages 1315-1317
Witness Deposition: Antonio Henrique da Conceicao Duarte
Date: 2007/05/16
Antonio Henrique da Duarte Conceicao
Occupation: GNR Officer
He has been a GNR office since 1982. He holds the post of sergeant and is currently the Commander of the Lagos GNR Post.
At about 23.10/23.17 he heard from a telephone call from the Patrol Commander, Officer Roque, that there had been a disappearance at the OC resort, P da L.
Roque was on duty that day with Officer Nelson Costa.
He was told that Roque had already gone to main reception of the complex in Rua Direita and had met the father of the little girl who had appeared in the reception with a friend. Together with employee Silvia (service manager of the OC and who also acted as translator, the father (Gerald McCann) and the friend they went inside the apartment from which Madeleine McCann had disappeared. After Roque checked that the child was not in the apartment, he gathered information from the mother and father. He was told by the patrol, that the father had put forward a theory saying that it could have been an abduction. He was also told that there was a shutter that had been 'raised'.
The witness, from the description and supposed seriousness of the facts related, ordered the immediate preservation of the scene, and said he would go to the site and communicate the facts to the PJ (this was done from the Post, he does not remember which officer did this but thinks it was Officer Patricio).
He arrived alone, in his own car at about 23.50 and went to the apartment (to the entrance hall) by means of the front door (opposite the parking area) where he found the girl's parents, a couple and Silvia. He was told that the twins were still sleeping in the bedroom. On the patio next to the front door, was an English woman who had spoken to the patrol, and had referred to having seen someone pass in the street, in a dark area, who was carrying a child. As the information had already been gathered and given his limited knowledge of English, he did not manage to talk to the woman.
At the scene, he talked directly to the patrol and to Silvia who informed him about what had been said. His hope was that the child had left the apartment alone and got lost or that someone had seen her and stayed with her temporarily.
He gave orders to the post so that they would send more officers to the scene, amongst them he remembers Officers Pimentel, Costa, Silva, Santos, Casimiro and Neto. He ordered one officer from the patrol to stay on the scene - Officer Costa. He then contacted the interim commander in Portimao, Lieutenant Bengala. He then went with Roque to several establishments that were still open and also patrolled the zone, in his car and on foot.
He had contact with several people, individually and as groups, obtaining information about the search results. He cannot say whom these people were.
Between 05.30 and 06.00 he went home, returning at 08.00.
He say he does not know Murat, and does not have the notion of having seen him before Friday 4th May at the mobile post installed at Rua Agostinho da Silva.
The first he knew about the existence of Murat was of an active individual who offered his help to translate some information/contacts with people who arrived at the mobile post, also offering to make a bridge with the OC.
He remembers that on a certain day, which he cannot specify, a journalist whom he cannot identify, informed him that amongst the Portuguese and foreign journalists at the scene, suspicion was 'running' about Robert Murat. Together with Officer Sequeira he informed the PJ to transmit this information.
On the following day, in the morning, he remembers that Robert Murat arrived at the mobile post saying that he noticed the journalists's suspicion about him and gave his mobile number and told him that he was going to discuss this with the PJ and that he was going to have 'dinner'.
No more was said. Reads, ratifies and signs.
05-Processos Vol V Pages 1315-1317
Witness Deposition: Antonio Henrique da Conceicao Duarte
Date: 2007/05/16
Antonio Henrique da Duarte Conceicao
Occupation: GNR Officer
He has been a GNR office since 1982. He holds the post of sergeant and is currently the Commander of the Lagos GNR Post.
At about 23.10/23.17 he heard from a telephone call from the Patrol Commander, Officer Roque, that there had been a disappearance at the OC resort, P da L.
Roque was on duty that day with Officer Nelson Costa.
He was told that Roque had already gone to main reception of the complex in Rua Direita and had met the father of the little girl who had appeared in the reception with a friend. Together with employee Silvia (service manager of the OC and who also acted as translator, the father (Gerald McCann) and the friend they went inside the apartment from which Madeleine McCann had disappeared. After Roque checked that the child was not in the apartment, he gathered information from the mother and father. He was told by the patrol, that the father had put forward a theory saying that it could have been an abduction. He was also told that there was a shutter that had been 'raised'.
The witness, from the description and supposed seriousness of the facts related, ordered the immediate preservation of the scene, and said he would go to the site and communicate the facts to the PJ (this was done from the Post, he does not remember which officer did this but thinks it was Officer Patricio).
He arrived alone, in his own car at about 23.50 and went to the apartment (to the entrance hall) by means of the front door (opposite the parking area) where he found the girl's parents, a couple and Silvia. He was told that the twins were still sleeping in the bedroom. On the patio next to the front door, was an English woman who had spoken to the patrol, and had referred to having seen someone pass in the street, in a dark area, who was carrying a child. As the information had already been gathered and given his limited knowledge of English, he did not manage to talk to the woman.
At the scene, he talked directly to the patrol and to Silvia who informed him about what had been said. His hope was that the child had left the apartment alone and got lost or that someone had seen her and stayed with her temporarily.
He gave orders to the post so that they would send more officers to the scene, amongst them he remembers Officers Pimentel, Costa, Silva, Santos, Casimiro and Neto. He ordered one officer from the patrol to stay on the scene - Officer Costa. He then contacted the interim commander in Portimao, Lieutenant Bengala. He then went with Roque to several establishments that were still open and also patrolled the zone, in his car and on foot.
He had contact with several people, individually and as groups, obtaining information about the search results. He cannot say whom these people were.
Between 05.30 and 06.00 he went home, returning at 08.00.
He say he does not know Murat, and does not have the notion of having seen him before Friday 4th May at the mobile post installed at Rua Agostinho da Silva.
The first he knew about the existence of Murat was of an active individual who offered his help to translate some information/contacts with people who arrived at the mobile post, also offering to make a bridge with the OC.
He remembers that on a certain day, which he cannot specify, a journalist whom he cannot identify, informed him that amongst the Portuguese and foreign journalists at the scene, suspicion was 'running' about Robert Murat. Together with Officer Sequeira he informed the PJ to transmit this information.
On the following day, in the morning, he remembers that Robert Murat arrived at the mobile post saying that he noticed the journalists's suspicion about him and gave his mobile number and told him that he was going to discuss this with the PJ and that he was going to have 'dinner'.
No more was said. Reads, ratifies and signs.
Deposition Nuno de-Jesus 05-05-07
161-167 Deposition Nuno de-Jesus 05-05-07 re Pervy Camera Man
01-Processos Volume I Pages 161-167
Deposition: Nuno Manuel Lourenco De Jesus
Date: 05th May 2007
Time: 16H30
Place: DIC Portimao
Officer responsible: Joao Carlos, Inspector
Profession: Domestic worker
Place of work:
That he comes to the process as a witness and states:
He is of Portuguese nationality but immigrated to Germany 14 years ago. He married a German citizen in Denmark. He has two children, whose names are L*******., almost three years old and a girl whose name is L*****, who is almost four years old.
He was on holiday in Portugal from the 22nd of April until the 13th of the current month. He stayed with his mother who lives in Sagres, and was accompanied by his two children and his wife B******, who does not speak Portuguese.
On the 29th of the past month, after he had returned his rental car, he walked (since it was close by) to Mareta beach in Sagres. He arrived there around 15H00. He and his family went to the play area. Between 16H00 and 17H00, he cannot be more precise, he noticed a male individual holding a small silver-coloured camera who, in a disguised fashion, was taking pictures of his children. He speaks of 'disguised fashion' as the individual, instead of holding the camera to his face, was taking pictures from the abdominal area of his body. The witness overheard the 'clicking' noise when pictures were taken.
After having taken three or four pictures of his children, he verified that that the individual took more pictures of two male children, nine and five years of age. These were children of a couple who were at the witness's side and who were playing with a ball. He knows of them as they live in Sagres, a short distance from his mother. He does not know their names.
For this reason, he supposes that his children were photographed to be abducted or to be used for illicit reasons. He began looking at the individual indignantly and aggressively and the same individual taking the pictures then left the area. But even before this, the individual took more pictures of the four children in a disguised fashion, and of others with the camera to his face. This individual also got on his knees on the sand to take additional pictures.
After leaving the area, the witness did not see the individual and did not again think about the incident.
At around 18H00/18H30, as it got a bit colder, they left the beach and headed toward the esplanade to buy sweets at a pastry shop called 'Marreiros', about 400 metres from the beach, in Sagres. As he and his family were sitting (the witness was having a coffee), he saw the same individual passing the pastry shop and heading toward the outer perimeter of the esplanade. He noticed that the individual constantly looked at the children and entered the shop, but left immediately after. At this moment, his daughter, began racing around the tables as they were ready to leave.
Seeing this, the individual began to walk rapidly toward the witnesses daughter crossing the witnesses family as they were departing. Luckily or by chance, the witness's daughter stopped next to the witness as it appeared the individual tried to stop them from leaving, and once again entered the pastry shop and again left without buying anything. This same individual left toward the back of a kiosk which exists in the area. Shaken by this situation, and without the least doubt that the individuals intention was to abduct this daughter, he got out his mobile and began taking various pictures of the individual, from the front, and in such a way that the individual would clearly see that the witness was taking pictures. This did not work however, as the witness had his finger on the lens of the mobile camera. Even though the individual had left the kiosk area, he noticed that the individual had now situated himself next to the wheel of a grey- coloured, recent model Renault Clio. The witness noted the registration plate on a piece of paper which he eventually discarded, as will be explained later in this statement. This individual was accompanied by a woman, sitting in the passenger seat. The witness managed to take a picture of the vehicle which he handed over to the police, and which is now exhibited. The picture is recorded as having been taken at 18H08 on 29/04/2007.
After taking the picture of the vehicle, with the date/time stamp recorded by the mobile phone, a few minutes later the couple in question left in the direction of the Sagres Fortaleza. Thinking that the recorded license plate would no longer be of any use, the witness threw paper in the rubbish or on the ground.
Yesterday, the 4th, he went to a rental car agency. The name of the agency was TURINFO, and is located in Sagres. It was around 13H00. The employee present told them to return at 13H30, at which time the manager would arrive. He proceeded to a bar called 'Rasa dos Ventos' where he ordered a coffee to pass the time. At a later point, looking outward, he saw the same individual, dressed in exactly the same fashion, but without a hat. This same individual left and he did not see him again, nor did he see his car. It appeared that the individual was alone and on foot.
Upon returning home, he recounted the story to his wife who told him to go to the police as they had already heard about the disappearance of Madeleine. The witnesses daughter bears a striking resemblance to Madeleines images.
That very morning, the witness contacted the police and told them what had happened.
Of the vehicle registration plate, he only remembered the partial plate numbers AV and 67.
In so far as the suspect is concerned, he describes him as masculine, Caucasian with Latin colouring, curly dark brown hair that ran to his neck and in a pony tail. He was between 35/40 years of age, of medium complexion, and around 170 to 175 cm in height. He did not have any particular marks or signals and did not wear rings or other jewellery. He wore a cream coloured beach hat. He also wore dark glasses.
He wore cloth trousers and a coat/jacket of the same material which was cream coloured. Almost the same colour to the hat he had worn previously. His shoes were dark brown: the type that need to be shined or polished.
As regards the woman with the individual, as he saw her seated in the vehicle, he can only state that she had short hair which appeared to be white in colour and very shiny. In the sitting position, her head was below the car head rest. She appeared to be skinny and Caucasian. She did not use glasses. He can say no more as she was difficult to see.
When questioned, the witness states that he could recognise the individual in person and from a photograph or sketch .
At this moment, the interview is interrupted to show the witness photographs of individuals with similar physical characteristics.
These were returned to the investigators with negative result, as confirmed in the appendix.
There are no additional elements to offer the investigation.
Nothing more was said, reads , ratifies, signs.
01-Processos Volume I Pages 161-167
Deposition: Nuno Manuel Lourenco De Jesus
Date: 05th May 2007
Time: 16H30
Place: DIC Portimao
Officer responsible: Joao Carlos, Inspector
Profession: Domestic worker
Place of work:
That he comes to the process as a witness and states:
He is of Portuguese nationality but immigrated to Germany 14 years ago. He married a German citizen in Denmark. He has two children, whose names are L*******., almost three years old and a girl whose name is L*****, who is almost four years old.
He was on holiday in Portugal from the 22nd of April until the 13th of the current month. He stayed with his mother who lives in Sagres, and was accompanied by his two children and his wife B******, who does not speak Portuguese.
On the 29th of the past month, after he had returned his rental car, he walked (since it was close by) to Mareta beach in Sagres. He arrived there around 15H00. He and his family went to the play area. Between 16H00 and 17H00, he cannot be more precise, he noticed a male individual holding a small silver-coloured camera who, in a disguised fashion, was taking pictures of his children. He speaks of 'disguised fashion' as the individual, instead of holding the camera to his face, was taking pictures from the abdominal area of his body. The witness overheard the 'clicking' noise when pictures were taken.
After having taken three or four pictures of his children, he verified that that the individual took more pictures of two male children, nine and five years of age. These were children of a couple who were at the witness's side and who were playing with a ball. He knows of them as they live in Sagres, a short distance from his mother. He does not know their names.
For this reason, he supposes that his children were photographed to be abducted or to be used for illicit reasons. He began looking at the individual indignantly and aggressively and the same individual taking the pictures then left the area. But even before this, the individual took more pictures of the four children in a disguised fashion, and of others with the camera to his face. This individual also got on his knees on the sand to take additional pictures.
After leaving the area, the witness did not see the individual and did not again think about the incident.
At around 18H00/18H30, as it got a bit colder, they left the beach and headed toward the esplanade to buy sweets at a pastry shop called 'Marreiros', about 400 metres from the beach, in Sagres. As he and his family were sitting (the witness was having a coffee), he saw the same individual passing the pastry shop and heading toward the outer perimeter of the esplanade. He noticed that the individual constantly looked at the children and entered the shop, but left immediately after. At this moment, his daughter, began racing around the tables as they were ready to leave.
Seeing this, the individual began to walk rapidly toward the witnesses daughter crossing the witnesses family as they were departing. Luckily or by chance, the witness's daughter stopped next to the witness as it appeared the individual tried to stop them from leaving, and once again entered the pastry shop and again left without buying anything. This same individual left toward the back of a kiosk which exists in the area. Shaken by this situation, and without the least doubt that the individuals intention was to abduct this daughter, he got out his mobile and began taking various pictures of the individual, from the front, and in such a way that the individual would clearly see that the witness was taking pictures. This did not work however, as the witness had his finger on the lens of the mobile camera. Even though the individual had left the kiosk area, he noticed that the individual had now situated himself next to the wheel of a grey- coloured, recent model Renault Clio. The witness noted the registration plate on a piece of paper which he eventually discarded, as will be explained later in this statement. This individual was accompanied by a woman, sitting in the passenger seat. The witness managed to take a picture of the vehicle which he handed over to the police, and which is now exhibited. The picture is recorded as having been taken at 18H08 on 29/04/2007.
After taking the picture of the vehicle, with the date/time stamp recorded by the mobile phone, a few minutes later the couple in question left in the direction of the Sagres Fortaleza. Thinking that the recorded license plate would no longer be of any use, the witness threw paper in the rubbish or on the ground.
Yesterday, the 4th, he went to a rental car agency. The name of the agency was TURINFO, and is located in Sagres. It was around 13H00. The employee present told them to return at 13H30, at which time the manager would arrive. He proceeded to a bar called 'Rasa dos Ventos' where he ordered a coffee to pass the time. At a later point, looking outward, he saw the same individual, dressed in exactly the same fashion, but without a hat. This same individual left and he did not see him again, nor did he see his car. It appeared that the individual was alone and on foot.
Upon returning home, he recounted the story to his wife who told him to go to the police as they had already heard about the disappearance of Madeleine. The witnesses daughter bears a striking resemblance to Madeleines images.
That very morning, the witness contacted the police and told them what had happened.
Of the vehicle registration plate, he only remembered the partial plate numbers AV and 67.
In so far as the suspect is concerned, he describes him as masculine, Caucasian with Latin colouring, curly dark brown hair that ran to his neck and in a pony tail. He was between 35/40 years of age, of medium complexion, and around 170 to 175 cm in height. He did not have any particular marks or signals and did not wear rings or other jewellery. He wore a cream coloured beach hat. He also wore dark glasses.
He wore cloth trousers and a coat/jacket of the same material which was cream coloured. Almost the same colour to the hat he had worn previously. His shoes were dark brown: the type that need to be shined or polished.
As regards the woman with the individual, as he saw her seated in the vehicle, he can only state that she had short hair which appeared to be white in colour and very shiny. In the sitting position, her head was below the car head rest. She appeared to be skinny and Caucasian. She did not use glasses. He can say no more as she was difficult to see.
When questioned, the witness states that he could recognise the individual in person and from a photograph or sketch .
At this moment, the interview is interrupted to show the witness photographs of individuals with similar physical characteristics.
These were returned to the investigators with negative result, as confirmed in the appendix.
There are no additional elements to offer the investigation.
Nothing more was said, reads , ratifies, signs.
Deposition Jane Tanner 10-05-07
919-931 Deposition Jane Tanner 10-05-07
932 Consent for mouth swab for Jane M. Tanner 2007.05.10
Processo Vol IV Page 919-932
AUTO examination of witnesses
Date diligence: 2007/05/10 Time: 16h35m
Name: Jane Michelle Tanner
Natural Town: England County: England
Nationality: English Date of birth: 1971 /**/**
Marital Status:
Domestic Partnership Occupation: Marketing Manager
Since she is English and does not understand the Portuguese language, neither spoken nor written, this official document was made with a translator, Fi.Ma.da Co.Si. in attendance.
She met her companion/husband about 10/11 years ago having begun to live with him as his wife a short time after.
About 4 years before, through her companion ROB, who at that time was a colleague of GM (Gerry; father of MBM), she met the McCann couple. One of the reasons for the closeness between the two couples, besides the professional acquaintance, both ROB and GM are medical doctors, was the fact they have children, MBM and El. OB, of approximately the same age. Another very important reason was the fact that FP is a common friend of both couples (FP worked with KHM), she having facilitated the relationship.
As for meeting with the McCann's she said sporadic meetings have already occurred between the group, recalling that the first trip they made together was when FP and DP were married in Italy in August 2003. She thinks that all the people in the present group were at the wedding recalling that the McCanns, at that time, had only one child (the missing MBM).
Since she became a mother (of El.OB, almost 4 years old), she went to Italy to the above wedding; to Germany to visit a friend (a former colleague of ROB, named B.D. - she was a trainee at the place where her husband worked in England). Also she went to Australia in Nov/Dec 2006 for six weeks. On that trip she went with only her companion and the two girls.
In May 2005 she was in Greece for one week with ROB and her daughter. It was the first time they travelled using the Mark Warner agency.
Also they had had holidays in England in August 2004 (Cornwall) and April 2006 (Longleat nature reserve). Those holidays were spent solely with DP and FP, and their respective children.
With the McCann's they began to meet at parties, for example weddings and birthdays. She met KH's mother, whose name she does not recall, on MBM's third birthday last year, but she didn't get to know any of the other McCann family members, knowing that both had siblings but not knowing other details.
This was the first time that all four couples had holidayed together.
She knows that, in Sept 2005, the McCanns and the Paynes holidayed together in Majorca, she not having joined them because of her advanced state of pregnancy.
The deponent was in Portugal three time before. The first was some eight years ago and the the second five years ago, both with her husband in Albufeira and both were holidays. The third time in January 2004 was for work near Vilamoura. She came to organise an event for the company where she worked, "Fisher Scientific" in Leicester.
Asked about her private life she said that she never had marital problems with her companion, saying that she believes it is "100%" at all levels.
As for the professional life of GM, that he is a cardiologist, and of her companion ROB, that he works/specialises in 'Emergencies' said her husband never had any disciplinary or criminal action in relation to his profession.
About GM, on this subject she does not knows if he had any problem at any time.
FP and DP were the people who had the idea to come to Portugal for holidays. They chose the time because it was cheaper, and less heat for the children. They took only one week of holiday, where they intended to return home/to work on the last Saturday and Tuesday, respectively. Monday was a public holiday in UK.
They caught the plane directly from Gatwick to Faro at 08:30 on 28 May 2007. The agency that organised it was Mark Warner. They arrived at Faro airport at 10:00. They went to the "Ocean Club" tourist complex in Praia da Luz-Lagos in a Mark Warner bus. The journey was made with her companion and daughters together with the Oldfield couple, Matthew and Rachael, along with their daughter.
As for the Payne and McCann couples, they journeyed by plane from East Midlands to Faro, having arrived around 11h00. They took a taxi from Faro to Luz arriving at 12h00 also on 28 May.
On the plane they did not know anyone specific, allowing as usual, for someone with children to have introduced themselves and make some comment. On the other hand, she recalls one couple on the plane who changed seats because her girls were making a lot of noise, which is normal because, like all kids, they are very restless.
On arrival the rooms were already assigned, having asked, when buying the holiday in England, to stay in apartments close to one another. The only change needed was, due to the children, the flights at different times as said above.
As for the holidays, on the first day (Saturday, 28 April 2007) they had dinner in the complex, making their way to Restaurant Millenium. No-one booked dinner at that restaurant, all, including the children, having gone for dinner around 18h00.
The Millenium used to serve dinner on other days (except Saturday) only from 19:30 and, for this reason, they decided to start dining at the Tapas, seeing that, in addition to the above, they would be closer to the apartments. This was discussed at the table in the Millenium on the first night.
Dinner was taken at the Tapas in order to be closer to the apartments where the children were sleeping.
At first dinner was booked each day having later been arranged as a permanent booking for 20h30 until the end of the stay.
It is normal (culturally, traditionally, education/examples seen) English tourists to leave, for some time, their small children alone in the bedroom/apartment to sleep while the parents are absent, normally guaranteeing that it is done for short periods of time (15/30 minutes). At those times there is a sporadic check, in time, of the places where the children are.
She admitted that on her holiday in Greece she also left her daughters alone in the apartment knowing that there were two or three child-minders in the block where they stayed to take care of/ascertain the noises (screams, cries, or other), incumbent upon to notify the parents who, meanwhile, were absent. Those holidays were also organised by Mark Warner.
Since it was asked of her, she affirmed that she had no knowledge that the McCanns had left the patio sliding door open, suspecting, however, that they did because she saw, several times, the couple climb the steps at the rear of the apartment. She never entered apartments of other couples limiting herself only to listen for any noise, putting her ear to the children's bedroom window at the front of the apartment. Only with her own children did she enter the apartment, in all others she limited herself to listen at the doors to see if there was any noise. She thinks that all the other couples entered by the front doors of the building/apartments, except for the McCanns. She is not sure if they always entered the apartment from the rear.
Questioned, she relates that, from memory, she always saw the blinds of the McCann apartment totally closed, it being a place where she placed her ear to know if any of them were asleep.
Personally, in relation to her daughters, she has not habitually adopted this posture, namely, to leave them alone, having done it only because all the couples of the group did it. However she locked all the doors, also the external blind of the children's bedroom.
As for the security methods effected by the adults in relation to the children, when they went to dinner and the children remained sleeping in the apartments, the deponent clarifies that, in the first days each couple went in rotation to check their own children. As days passed they were asking one of the members who had stood up if they had heard any noise at their apartment.
However, the deponent and her husband maintained regular checks on their own children.
They were always on foot, having no motor vehicle, own or rented. Movements were never far as the group always remained in the complex or its surrounds (the beach or supermarket). Activities were in Praia da Luz and organised by Mark Warner.
In the tourist complex last Sunday, 30 April, she net a couple she knew from Exeter, Jim and C. G., with their son of 20 months, B.G. She knew they had travelled on the same day as her, on a different flight. Asked, she relates that they had a hired car, not knowing the brand, model or colour. He (Jim) liked to surf and that was why he had hired the car.
Not untrusting, she never suspected that anyone might do harm to any of the children, never having observed any behaviour by clients, workers or other people with the group or children.
Of the group only DP and FP knew/had been to her home at the above address in Exeter. None of the other group members had ever been to her home.
About 2 May, the day before the disappearance of MBM, from memory, at 09h00 the deponent had a tennis lesson with Kate.
Every day they had breakfast at the Millenium restaurant and only afterwards did they take the children, on foot, to Kids Club, it being that ROB took El to Mini Club and she took Ev.
Questioned about the route that the McCanns took with their children to Kids Club (since they took breakfast in the apartment), she said she did not know.
At 10h10 the children at Kids Club, her daughter El (plus Madeleine), a total on six children including them, also had a tennis lesson. The responsible adults at the time were Cat and Georgina (the tennis instructor). Kate was, together with the deponent, watching the lesson of their respective girls. The witness left before the class ended, not recalling if KM left at the same time or later.
She went to the beach where she met DP and FP. She and other members of the group made the acquaintance of, in the course of their tennis classes, a lady called O., the deponent's husband, ROB, also knew the lady's husband named Rob from windsurf classes. The couple were also guests at the complex. That morning, after having been to her daughter's tennis class, the deponent went to the beach meeting Rob there. From what she knows, the couple Rob and O. have two children (a girl of 3 years and a younger child, not knowing if it was a boy or girl). She thinks they were Londoners. They were "normal" people.
While she was sailing, her husband stayed at home with Ev who was sick and indisposed. Questioned, she relates that this type of behaviour is normal with the British, namely, it is not necessary for both adults to sacrifice themselves when children are sick. The usual procedure in these situations is for them to divide the time and the tasks between them.
She recalls that after the boat trip she was with her husband and girls, all having gone to lunch at the apartment of FP and DP. She is not sure but thinks that MO and RMO also lunched with them in the apartment. She does not know where the McCanns lunched.
After lunch, after they took El to Kids Club, ROB went to the beach for a canoe class while she rested in the bedroom with Ev. After her daughter woke up she went with her to the children's play area ("slides") next to the pool.
She doesn't remember, but as GM usually had tennis classes every afternoon, she thinks that he could have been on the court. As for KM, she does not know if she saw her during the afternoon.
As usual at 17:00, they were at the children's tea with Kate, the time at which they would go to find [pick up] the children. With Kate and Gerry she went to the tennis courts where the adults and children of the group played and played, respectively, with each other. They were at the courts until 19h00. At that time the men of the group (though she was not sure if GM was there) stayed a while longer to play tennis, the women went to their respective apartments to get ready for bed. 20-30 minutes later the men arrived. They got themselves ready for dinner. At 20h35, as El didn't want to sleep, ROB went to the restaurant alone. Around 20h45, El fell asleep and the deponent also left for the restaurant. When she arrived everyone else was already there, except for Rachael who was feeling poorly and stayed in her apartment. Her husband, MO, was at the restaurant. She doesn't recall if DP and FP were already there. It is usual for them to always be last to arrive, since they were always late.
About dinner, she relates that nothing abnormal happened regarding the checking of the bedrooms, it having been done in turns as usual.
Questioned about an episode where she related that one of the twins, Sean, and MBM (both children of GM and KH), had cried in the night (the one prior to the events) she said she knew of that situation but only from the beginning of dinner on 3 May when KH commented at the table that MBM had, that morning, asked the reason why her parents had not come to the bedroom when she and her brother had cried (the previous night). Asked, she says that none of the adults were aware of that situation on the night that it supposedly occurred.
On Wednesday (2 May), after the dinner that went as normal, like the previous days, they had stayed later to have a drink at the bar returning to their apartments close to midnight.
As for 3 May she related in the same manner exactly the same activities/routines/times of that day, as had been described in her previous testimony. The times/intervals were exhaustively confirmed.
Requested to clarify certain details she said:
To confirm that the first time that she went to the beach with the children was 3 May in the morning. Only on 3 May (Thursday) afternoon she met the group, almost all, in Prais da Luz, except for the McCanns because they had a private tennis class together.
Around 17h15 she saw KH "jogging" on the beach and waved to her.
Her husband ROB, MO and DP left the beach a little earlier they having gone to the tennis courts, it was the night of the men's tennis. When she, together with the friends and children, returned from the beach, at 18h20, they went to the tennis courts having seen that all the men, including GM, were on the court. They stayed to talk to them them for about 20/30 minutes. GM comported himself as usual.
She thinks that KH was in the apartment getting the children ready for bed.
Around 19h00 each one went to their apartment with the children. She bathed her daughters, she read them a story, she put them to bed. Ev was sick and had difficulty with sleeping stayed with her father, who had arrived in the meantime, (on the previous night the deponent stayed later in the bedroom because her daughter had difficulty in sleeping; on this night it was her husband's turn). She left the apartment and went to the Tapas, for dinner, around 20h30.
When she arrived at the restaurant there were already some adult members of the group, namely the McCanns, without their children, who were apparently sleeping.
Around 21h00 her husband arrived at the restaurant, Ev, meanwhile, having fallen asleep.
As usual, the Paynes and mother, were late. A few minutes to 21h00 MO left the restaurant and went to the apartment area, saying that he would 'hurry up' the couple that was already late enough. She related that MO, on the way, took the opportunity and looked in on the children's bedrooms. She relates that MO passed the Paynes and DW on the way, but, benefiting from them already being up and on their way, he made a circuit to listen at the homes, detecting nothing abnormal.
They ordered dinner and waited for the starters when, about 21h10, GM left the restaurant having gone to the apartment to see his children. Five or ten minutes later the deponent left, having gone to her apartment to check that all was well with her girls. At that time she observed GM talking to an English citizen called Jez that they had met on these holidays. He played tennis with them. She doesn't know if they saw her giving the assurance that, on her part, she did not start a conversation with either of them.
She passed them knowing that GM had already been in the apartment to see the children.
She doesn't recall the position/orientation of either Jez or GM while they spoke to each other on the street, only having the perception that one was on the pavement and the other was in the road next to the other. Jez had a baby carriage, the deponent knowing that he had a small child.
Prompted, she clarified that the reason she left, following GM only 5/10 minutes later, she relates that she did it because she knew that he would only go to his apartment, reiterating that she checked her daughters regularly.
Questioned about the path she took on the way to her home, she relates that she left the reception at the entrance to the Tapas/pool area and went up the pavement to the corner, having entered the apartment by the front door, which was, as already stated, locked. The only access to the interior of the home is by that door, seeing that the windows and the sliding patio door to the lounge were locked from the inside, it being this way that they are only passable if they are opened, also from the inside.
When asked; the route of GM to his home when he went to check on his children, she relates that she does not know, but that she knows that he, at times, accessed the home by the glass lounge door which was only closed but not locked. She explains that this was the easiest and fastest way to enter the McCann apartment as they have a stairway up to the veranda which is next to the pavement, thereby saving half the distance. Questioned, she relates that all the couples had to access their respective apartments by the front door, except the McCann's since they were the only ones who left the glass door unlocked.
Prompted to say if she checked the state of the windows and external blinds of the McCann children's bedroom when she went to her house, she relates that no, she did not look in that direction, hence they might already have been open without her having noticed.
After having gone to see the child she returned to the restaurant. On her return GM was no longer talking where she had seen him.
When she arrived at the restaurant GM was already seated at the table accompanied by his wife KH and all the others.
Between 15 to 20 minutes later her husband ROB and MO left, together, and went to see their respective children. As her daughter Ev was restless and crying ROB stayed in the bedroom.
Meanwhile, MO went to check his children and those of GM and KH. According to what he said, he saw the twins but he did not see MBM probably because he did not enter the bedroom. As he heard no noise he left presupposing that all was well, returning to the restaurant. MO told her that ROB had stayed in the bedroom.
After having quickly eaten the main course she went to the apartment to take the place of her husband so that he could finish his meal. Her husband returned to the restaurant. Some time later, she doesn't know precisely how long, she looked through the lounge window towards the restaurant area, ascertaining, strangely, that there was no-one seated at the table it being that it was still very early for all of them to have already finished the meal. Later she heard voices of KH and FP who were in the corridor in front of the bedroom windows and who called, desperately, for Madeleine. When she saw her it was KH herself who told the deponent that Madeleine had disappeared, not clarifying in what circumstances, continuing her search. The deponent stayed in her apartment because her daughter, El, was asleep and the smallest, Ev, was still awake and complaining.
As it was asked of her she relates that she did not go into the McCann apartment therefore she does not know the state of the bedroom nor any details of what happened that night. Now, already she had heard many versions or theories of what could have happened, but, for her part, she can only affirm that the man that she saw carrying the child was, in her belief, associated with the disappearance of MBM.
She was then confronted with the fact that when her husband ROB and MO went to check their respective children the window already might have been open and MBM probably no longer in her bed. She clarifies that she cannot answer for them but thinks that MO had not entered the McCann children's bedroom, limiting himself to hear that there was no crying and that the twins were in their beds. Asked if he couldn't have checked for noise at the bedroom window, as had been done many times, the deponent clarifies that MO had assured the parents that he would go to check the state of the children from inside the house. For this he went up the pavement to the main entrance of the apartments, entered house and turned to leave, descended the pavement again to the rear entrance of the McCann flat, climbed the steps and accessed the lounge through the glass door (that was not locked). Anyway, a better understanding of these details can only be provided by MO himself.
Confronted with the information that the dog teams had followed/followed the scent trails in which, purportedly, MBM had not passed the intersection where she indicated a man carried a child, she affirmed, immediately, that she was not lying, maintaining the honesty of her initial version. That, indeed, there had passed in front of her a man carrying, in his arms, a barefoot child. At the time she had not paid him much attention because it is common, at the OC, for children to pass in the arms of their parents between the creche and their respective homes, when they have collected them from the baby-sitting service. Only it was strange that the child had no cover (blanket) and the way the man walked, rapidly, and how he was dressed, the trousers were slightly wide their entire length, being straight. These were an identical "corticine" colour chino style. As for the coat it was dark coloured, she was not able to specify what, seeming to be a similar material as the trousers, it being a type of "anorak". As for the footwear she relates that she cannot confirm with certainty but his shoes had a light heel colour.
As to the description of the child, she confirmed that it was being carried in his arms, with the legs in her direction and had barefeet. She thought that it was a female child because the pyjamas were a light colour (seemingly pink to her). She never saw the hair of the child. She never saw it move nor make any sound, thinking that it was asleep.
Subsequently, she had no doubts that it could have been MBM because, through conversations with FP in which she described the pyjamas MBM was wearing that night, which coincided with those she had previously seen. Questioned why she had not commented to KH what she had seen that night, namely that she had seen a male individual who carried a child with pink pyjamas, she relates that she always avoided making this comment to the McCanns so as not to torture them more in their suffering.
She swore "by everything most sacred" that what she said is true, namely that she saw an individual with a child in his arms. Confronted, she demonstrated the distance at which the man with the child had passed her, and that was gauged to be about 5 metres.
She accepts that, at that moment, although the event had called her attention, she didn't lay any great stress on it for the reasons already explained.
Regarding the most and best information that might help the present investigation she said she remembered on one night (she thinks it was Tuesday, 1 May) there were two couples, supposedly English, that dined in the Tapas restaurant. After [their meal] they left, [JT] not knowing if they participated in the quiz game that Mark Warner put on during the meal. The game consisted of a MW worker asking questions about films, namely quotations with the objective of identifying the films. At the end the tables were given a questionnaire that gave the source and a result. The first prize was a jug of sangria, curiously won by the deponent's table. She remembered only the agency lady commented on the the two couples who had left the game before the final result was known.
She never saw those couples before nor since that day. She does not know if they were Mark Warner clients.
Prompted to clarify which member of the group booked the first dinner at Tapas she responded that she did not know. She clarifies that, that morning, she played tennis with Kate going, at the end of the game, to the restaurant to make the booking. She recalls that, when they arrived there, the booking was already made and she had not questioned who had made it. Asked if it would have been her companion ROB who booked that meal, on his own initiative, she relates that it could have been done by any other person but considers an excessively organised disposition would have done it, usual of her companion.
On these holidays, she never met nor dined (along with the rest of the group) with any family or person having the surname "Irwin".
Other than RMO, as already stated previously, only on the first day (Saturday night) was there a group member, MO, feeling indisposed (ill) and not having eaten dinner on Sunday. On Monday he had recovered.
When asked egarding security procedures relating to the children, the deponent clarifies that the Paynes were the only ones who never went to their apartment because they had, at the table, an intercom device of good quality and power/range that allowed them to hear any noise caused by their children. She adds that, from memory, it was the first time they had used the device on holidays but it is a common procedure in their home, as the deponent has seen for herself.
Questioned, she reaffirms that she doesn't have any suspicion to put forward - other than the individual referred to as carrying a child in his arms - she doesn't recall any detail or situation that might be related to the disappearance of small MBM.
Asked, she relates that she does not recall any incident or argument between any of the couples, or any of the group members individually, nor between them and any third parties. Until the 'unsuccessful/failed' disappearance of MBM, the holidays had been peaceful and fun, like all such other holidays of the group of friends.
932 Consent for mouth swab for Jane M. Tanner 2007.05.10
Processo Vol IV Page 919-932
AUTO examination of witnesses
Date diligence: 2007/05/10 Time: 16h35m
Name: Jane Michelle Tanner
Natural Town: England County: England
Nationality: English Date of birth: 1971 /**/**
Marital Status:
Domestic Partnership Occupation: Marketing Manager
Since she is English and does not understand the Portuguese language, neither spoken nor written, this official document was made with a translator, Fi.Ma.da Co.Si. in attendance.
She met her companion/husband about 10/11 years ago having begun to live with him as his wife a short time after.
About 4 years before, through her companion ROB, who at that time was a colleague of GM (Gerry; father of MBM), she met the McCann couple. One of the reasons for the closeness between the two couples, besides the professional acquaintance, both ROB and GM are medical doctors, was the fact they have children, MBM and El. OB, of approximately the same age. Another very important reason was the fact that FP is a common friend of both couples (FP worked with KHM), she having facilitated the relationship.
As for meeting with the McCann's she said sporadic meetings have already occurred between the group, recalling that the first trip they made together was when FP and DP were married in Italy in August 2003. She thinks that all the people in the present group were at the wedding recalling that the McCanns, at that time, had only one child (the missing MBM).
Since she became a mother (of El.OB, almost 4 years old), she went to Italy to the above wedding; to Germany to visit a friend (a former colleague of ROB, named B.D. - she was a trainee at the place where her husband worked in England). Also she went to Australia in Nov/Dec 2006 for six weeks. On that trip she went with only her companion and the two girls.
In May 2005 she was in Greece for one week with ROB and her daughter. It was the first time they travelled using the Mark Warner agency.
Also they had had holidays in England in August 2004 (Cornwall) and April 2006 (Longleat nature reserve). Those holidays were spent solely with DP and FP, and their respective children.
With the McCann's they began to meet at parties, for example weddings and birthdays. She met KH's mother, whose name she does not recall, on MBM's third birthday last year, but she didn't get to know any of the other McCann family members, knowing that both had siblings but not knowing other details.
This was the first time that all four couples had holidayed together.
She knows that, in Sept 2005, the McCanns and the Paynes holidayed together in Majorca, she not having joined them because of her advanced state of pregnancy.
The deponent was in Portugal three time before. The first was some eight years ago and the the second five years ago, both with her husband in Albufeira and both were holidays. The third time in January 2004 was for work near Vilamoura. She came to organise an event for the company where she worked, "Fisher Scientific" in Leicester.
Asked about her private life she said that she never had marital problems with her companion, saying that she believes it is "100%" at all levels.
As for the professional life of GM, that he is a cardiologist, and of her companion ROB, that he works/specialises in 'Emergencies' said her husband never had any disciplinary or criminal action in relation to his profession.
About GM, on this subject she does not knows if he had any problem at any time.
FP and DP were the people who had the idea to come to Portugal for holidays. They chose the time because it was cheaper, and less heat for the children. They took only one week of holiday, where they intended to return home/to work on the last Saturday and Tuesday, respectively. Monday was a public holiday in UK.
They caught the plane directly from Gatwick to Faro at 08:30 on 28 May 2007. The agency that organised it was Mark Warner. They arrived at Faro airport at 10:00. They went to the "Ocean Club" tourist complex in Praia da Luz-Lagos in a Mark Warner bus. The journey was made with her companion and daughters together with the Oldfield couple, Matthew and Rachael, along with their daughter.
As for the Payne and McCann couples, they journeyed by plane from East Midlands to Faro, having arrived around 11h00. They took a taxi from Faro to Luz arriving at 12h00 also on 28 May.
On the plane they did not know anyone specific, allowing as usual, for someone with children to have introduced themselves and make some comment. On the other hand, she recalls one couple on the plane who changed seats because her girls were making a lot of noise, which is normal because, like all kids, they are very restless.
On arrival the rooms were already assigned, having asked, when buying the holiday in England, to stay in apartments close to one another. The only change needed was, due to the children, the flights at different times as said above.
As for the holidays, on the first day (Saturday, 28 April 2007) they had dinner in the complex, making their way to Restaurant Millenium. No-one booked dinner at that restaurant, all, including the children, having gone for dinner around 18h00.
The Millenium used to serve dinner on other days (except Saturday) only from 19:30 and, for this reason, they decided to start dining at the Tapas, seeing that, in addition to the above, they would be closer to the apartments. This was discussed at the table in the Millenium on the first night.
Dinner was taken at the Tapas in order to be closer to the apartments where the children were sleeping.
At first dinner was booked each day having later been arranged as a permanent booking for 20h30 until the end of the stay.
It is normal (culturally, traditionally, education/examples seen) English tourists to leave, for some time, their small children alone in the bedroom/apartment to sleep while the parents are absent, normally guaranteeing that it is done for short periods of time (15/30 minutes). At those times there is a sporadic check, in time, of the places where the children are.
She admitted that on her holiday in Greece she also left her daughters alone in the apartment knowing that there were two or three child-minders in the block where they stayed to take care of/ascertain the noises (screams, cries, or other), incumbent upon to notify the parents who, meanwhile, were absent. Those holidays were also organised by Mark Warner.
Since it was asked of her, she affirmed that she had no knowledge that the McCanns had left the patio sliding door open, suspecting, however, that they did because she saw, several times, the couple climb the steps at the rear of the apartment. She never entered apartments of other couples limiting herself only to listen for any noise, putting her ear to the children's bedroom window at the front of the apartment. Only with her own children did she enter the apartment, in all others she limited herself to listen at the doors to see if there was any noise. She thinks that all the other couples entered by the front doors of the building/apartments, except for the McCanns. She is not sure if they always entered the apartment from the rear.
Questioned, she relates that, from memory, she always saw the blinds of the McCann apartment totally closed, it being a place where she placed her ear to know if any of them were asleep.
Personally, in relation to her daughters, she has not habitually adopted this posture, namely, to leave them alone, having done it only because all the couples of the group did it. However she locked all the doors, also the external blind of the children's bedroom.
As for the security methods effected by the adults in relation to the children, when they went to dinner and the children remained sleeping in the apartments, the deponent clarifies that, in the first days each couple went in rotation to check their own children. As days passed they were asking one of the members who had stood up if they had heard any noise at their apartment.
However, the deponent and her husband maintained regular checks on their own children.
They were always on foot, having no motor vehicle, own or rented. Movements were never far as the group always remained in the complex or its surrounds (the beach or supermarket). Activities were in Praia da Luz and organised by Mark Warner.
In the tourist complex last Sunday, 30 April, she net a couple she knew from Exeter, Jim and C. G., with their son of 20 months, B.G. She knew they had travelled on the same day as her, on a different flight. Asked, she relates that they had a hired car, not knowing the brand, model or colour. He (Jim) liked to surf and that was why he had hired the car.
Not untrusting, she never suspected that anyone might do harm to any of the children, never having observed any behaviour by clients, workers or other people with the group or children.
Of the group only DP and FP knew/had been to her home at the above address in Exeter. None of the other group members had ever been to her home.
About 2 May, the day before the disappearance of MBM, from memory, at 09h00 the deponent had a tennis lesson with Kate.
Every day they had breakfast at the Millenium restaurant and only afterwards did they take the children, on foot, to Kids Club, it being that ROB took El to Mini Club and she took Ev.
Questioned about the route that the McCanns took with their children to Kids Club (since they took breakfast in the apartment), she said she did not know.
At 10h10 the children at Kids Club, her daughter El (plus Madeleine), a total on six children including them, also had a tennis lesson. The responsible adults at the time were Cat and Georgina (the tennis instructor). Kate was, together with the deponent, watching the lesson of their respective girls. The witness left before the class ended, not recalling if KM left at the same time or later.
She went to the beach where she met DP and FP. She and other members of the group made the acquaintance of, in the course of their tennis classes, a lady called O., the deponent's husband, ROB, also knew the lady's husband named Rob from windsurf classes. The couple were also guests at the complex. That morning, after having been to her daughter's tennis class, the deponent went to the beach meeting Rob there. From what she knows, the couple Rob and O. have two children (a girl of 3 years and a younger child, not knowing if it was a boy or girl). She thinks they were Londoners. They were "normal" people.
While she was sailing, her husband stayed at home with Ev who was sick and indisposed. Questioned, she relates that this type of behaviour is normal with the British, namely, it is not necessary for both adults to sacrifice themselves when children are sick. The usual procedure in these situations is for them to divide the time and the tasks between them.
She recalls that after the boat trip she was with her husband and girls, all having gone to lunch at the apartment of FP and DP. She is not sure but thinks that MO and RMO also lunched with them in the apartment. She does not know where the McCanns lunched.
After lunch, after they took El to Kids Club, ROB went to the beach for a canoe class while she rested in the bedroom with Ev. After her daughter woke up she went with her to the children's play area ("slides") next to the pool.
She doesn't remember, but as GM usually had tennis classes every afternoon, she thinks that he could have been on the court. As for KM, she does not know if she saw her during the afternoon.
As usual at 17:00, they were at the children's tea with Kate, the time at which they would go to find [pick up] the children. With Kate and Gerry she went to the tennis courts where the adults and children of the group played and played, respectively, with each other. They were at the courts until 19h00. At that time the men of the group (though she was not sure if GM was there) stayed a while longer to play tennis, the women went to their respective apartments to get ready for bed. 20-30 minutes later the men arrived. They got themselves ready for dinner. At 20h35, as El didn't want to sleep, ROB went to the restaurant alone. Around 20h45, El fell asleep and the deponent also left for the restaurant. When she arrived everyone else was already there, except for Rachael who was feeling poorly and stayed in her apartment. Her husband, MO, was at the restaurant. She doesn't recall if DP and FP were already there. It is usual for them to always be last to arrive, since they were always late.
About dinner, she relates that nothing abnormal happened regarding the checking of the bedrooms, it having been done in turns as usual.
Questioned about an episode where she related that one of the twins, Sean, and MBM (both children of GM and KH), had cried in the night (the one prior to the events) she said she knew of that situation but only from the beginning of dinner on 3 May when KH commented at the table that MBM had, that morning, asked the reason why her parents had not come to the bedroom when she and her brother had cried (the previous night). Asked, she says that none of the adults were aware of that situation on the night that it supposedly occurred.
On Wednesday (2 May), after the dinner that went as normal, like the previous days, they had stayed later to have a drink at the bar returning to their apartments close to midnight.
As for 3 May she related in the same manner exactly the same activities/routines/times of that day, as had been described in her previous testimony. The times/intervals were exhaustively confirmed.
Requested to clarify certain details she said:
To confirm that the first time that she went to the beach with the children was 3 May in the morning. Only on 3 May (Thursday) afternoon she met the group, almost all, in Prais da Luz, except for the McCanns because they had a private tennis class together.
Around 17h15 she saw KH "jogging" on the beach and waved to her.
Her husband ROB, MO and DP left the beach a little earlier they having gone to the tennis courts, it was the night of the men's tennis. When she, together with the friends and children, returned from the beach, at 18h20, they went to the tennis courts having seen that all the men, including GM, were on the court. They stayed to talk to them them for about 20/30 minutes. GM comported himself as usual.
She thinks that KH was in the apartment getting the children ready for bed.
Around 19h00 each one went to their apartment with the children. She bathed her daughters, she read them a story, she put them to bed. Ev was sick and had difficulty with sleeping stayed with her father, who had arrived in the meantime, (on the previous night the deponent stayed later in the bedroom because her daughter had difficulty in sleeping; on this night it was her husband's turn). She left the apartment and went to the Tapas, for dinner, around 20h30.
When she arrived at the restaurant there were already some adult members of the group, namely the McCanns, without their children, who were apparently sleeping.
Around 21h00 her husband arrived at the restaurant, Ev, meanwhile, having fallen asleep.
As usual, the Paynes and mother, were late. A few minutes to 21h00 MO left the restaurant and went to the apartment area, saying that he would 'hurry up' the couple that was already late enough. She related that MO, on the way, took the opportunity and looked in on the children's bedrooms. She relates that MO passed the Paynes and DW on the way, but, benefiting from them already being up and on their way, he made a circuit to listen at the homes, detecting nothing abnormal.
They ordered dinner and waited for the starters when, about 21h10, GM left the restaurant having gone to the apartment to see his children. Five or ten minutes later the deponent left, having gone to her apartment to check that all was well with her girls. At that time she observed GM talking to an English citizen called Jez that they had met on these holidays. He played tennis with them. She doesn't know if they saw her giving the assurance that, on her part, she did not start a conversation with either of them.
She passed them knowing that GM had already been in the apartment to see the children.
She doesn't recall the position/orientation of either Jez or GM while they spoke to each other on the street, only having the perception that one was on the pavement and the other was in the road next to the other. Jez had a baby carriage, the deponent knowing that he had a small child.
Prompted, she clarified that the reason she left, following GM only 5/10 minutes later, she relates that she did it because she knew that he would only go to his apartment, reiterating that she checked her daughters regularly.
Questioned about the path she took on the way to her home, she relates that she left the reception at the entrance to the Tapas/pool area and went up the pavement to the corner, having entered the apartment by the front door, which was, as already stated, locked. The only access to the interior of the home is by that door, seeing that the windows and the sliding patio door to the lounge were locked from the inside, it being this way that they are only passable if they are opened, also from the inside.
When asked; the route of GM to his home when he went to check on his children, she relates that she does not know, but that she knows that he, at times, accessed the home by the glass lounge door which was only closed but not locked. She explains that this was the easiest and fastest way to enter the McCann apartment as they have a stairway up to the veranda which is next to the pavement, thereby saving half the distance. Questioned, she relates that all the couples had to access their respective apartments by the front door, except the McCann's since they were the only ones who left the glass door unlocked.
Prompted to say if she checked the state of the windows and external blinds of the McCann children's bedroom when she went to her house, she relates that no, she did not look in that direction, hence they might already have been open without her having noticed.
After having gone to see the child she returned to the restaurant. On her return GM was no longer talking where she had seen him.
When she arrived at the restaurant GM was already seated at the table accompanied by his wife KH and all the others.
Between 15 to 20 minutes later her husband ROB and MO left, together, and went to see their respective children. As her daughter Ev was restless and crying ROB stayed in the bedroom.
Meanwhile, MO went to check his children and those of GM and KH. According to what he said, he saw the twins but he did not see MBM probably because he did not enter the bedroom. As he heard no noise he left presupposing that all was well, returning to the restaurant. MO told her that ROB had stayed in the bedroom.
After having quickly eaten the main course she went to the apartment to take the place of her husband so that he could finish his meal. Her husband returned to the restaurant. Some time later, she doesn't know precisely how long, she looked through the lounge window towards the restaurant area, ascertaining, strangely, that there was no-one seated at the table it being that it was still very early for all of them to have already finished the meal. Later she heard voices of KH and FP who were in the corridor in front of the bedroom windows and who called, desperately, for Madeleine. When she saw her it was KH herself who told the deponent that Madeleine had disappeared, not clarifying in what circumstances, continuing her search. The deponent stayed in her apartment because her daughter, El, was asleep and the smallest, Ev, was still awake and complaining.
As it was asked of her she relates that she did not go into the McCann apartment therefore she does not know the state of the bedroom nor any details of what happened that night. Now, already she had heard many versions or theories of what could have happened, but, for her part, she can only affirm that the man that she saw carrying the child was, in her belief, associated with the disappearance of MBM.
She was then confronted with the fact that when her husband ROB and MO went to check their respective children the window already might have been open and MBM probably no longer in her bed. She clarifies that she cannot answer for them but thinks that MO had not entered the McCann children's bedroom, limiting himself to hear that there was no crying and that the twins were in their beds. Asked if he couldn't have checked for noise at the bedroom window, as had been done many times, the deponent clarifies that MO had assured the parents that he would go to check the state of the children from inside the house. For this he went up the pavement to the main entrance of the apartments, entered house and turned to leave, descended the pavement again to the rear entrance of the McCann flat, climbed the steps and accessed the lounge through the glass door (that was not locked). Anyway, a better understanding of these details can only be provided by MO himself.
Confronted with the information that the dog teams had followed/followed the scent trails in which, purportedly, MBM had not passed the intersection where she indicated a man carried a child, she affirmed, immediately, that she was not lying, maintaining the honesty of her initial version. That, indeed, there had passed in front of her a man carrying, in his arms, a barefoot child. At the time she had not paid him much attention because it is common, at the OC, for children to pass in the arms of their parents between the creche and their respective homes, when they have collected them from the baby-sitting service. Only it was strange that the child had no cover (blanket) and the way the man walked, rapidly, and how he was dressed, the trousers were slightly wide their entire length, being straight. These were an identical "corticine" colour chino style. As for the coat it was dark coloured, she was not able to specify what, seeming to be a similar material as the trousers, it being a type of "anorak". As for the footwear she relates that she cannot confirm with certainty but his shoes had a light heel colour.
As to the description of the child, she confirmed that it was being carried in his arms, with the legs in her direction and had barefeet. She thought that it was a female child because the pyjamas were a light colour (seemingly pink to her). She never saw the hair of the child. She never saw it move nor make any sound, thinking that it was asleep.
Subsequently, she had no doubts that it could have been MBM because, through conversations with FP in which she described the pyjamas MBM was wearing that night, which coincided with those she had previously seen. Questioned why she had not commented to KH what she had seen that night, namely that she had seen a male individual who carried a child with pink pyjamas, she relates that she always avoided making this comment to the McCanns so as not to torture them more in their suffering.
She swore "by everything most sacred" that what she said is true, namely that she saw an individual with a child in his arms. Confronted, she demonstrated the distance at which the man with the child had passed her, and that was gauged to be about 5 metres.
She accepts that, at that moment, although the event had called her attention, she didn't lay any great stress on it for the reasons already explained.
Regarding the most and best information that might help the present investigation she said she remembered on one night (she thinks it was Tuesday, 1 May) there were two couples, supposedly English, that dined in the Tapas restaurant. After [their meal] they left, [JT] not knowing if they participated in the quiz game that Mark Warner put on during the meal. The game consisted of a MW worker asking questions about films, namely quotations with the objective of identifying the films. At the end the tables were given a questionnaire that gave the source and a result. The first prize was a jug of sangria, curiously won by the deponent's table. She remembered only the agency lady commented on the the two couples who had left the game before the final result was known.
She never saw those couples before nor since that day. She does not know if they were Mark Warner clients.
Prompted to clarify which member of the group booked the first dinner at Tapas she responded that she did not know. She clarifies that, that morning, she played tennis with Kate going, at the end of the game, to the restaurant to make the booking. She recalls that, when they arrived there, the booking was already made and she had not questioned who had made it. Asked if it would have been her companion ROB who booked that meal, on his own initiative, she relates that it could have been done by any other person but considers an excessively organised disposition would have done it, usual of her companion.
On these holidays, she never met nor dined (along with the rest of the group) with any family or person having the surname "Irwin".
Other than RMO, as already stated previously, only on the first day (Saturday night) was there a group member, MO, feeling indisposed (ill) and not having eaten dinner on Sunday. On Monday he had recovered.
When asked egarding security procedures relating to the children, the deponent clarifies that the Paynes were the only ones who never went to their apartment because they had, at the table, an intercom device of good quality and power/range that allowed them to hear any noise caused by their children. She adds that, from memory, it was the first time they had used the device on holidays but it is a common procedure in their home, as the deponent has seen for herself.
Questioned, she reaffirms that she doesn't have any suspicion to put forward - other than the individual referred to as carrying a child in his arms - she doesn't recall any detail or situation that might be related to the disappearance of small MBM.
Asked, she relates that she does not recall any incident or argument between any of the couples, or any of the group members individually, nor between them and any third parties. Until the 'unsuccessful/failed' disappearance of MBM, the holidays had been peaceful and fun, like all such other holidays of the group of friends.
9.11.12
Deposition Tasmin Sillence 09-05-07 re Man Watching Apt 5A
800-804 Deposition Tasmin Sillence 09-05-07 re Street Spying Man and Gran Owned 5A
Processo Volume III Pages 800-804
Case Reference: 201/07.0GALGS
Deposition Deposition Tasmin Milburn Sillence aged 12, PDL resident.
Date: 2007.05-09
Time: 1600hrs
"Comes to the process as a witness. Understands the Portuguese Language, as she has been living in Portugal since the age of two months (approximately eleven years ago). Still, an interpreter is present.
Her parents are separated, she initially resided in Monchique, and now in Praia da Luz, since 2005, at the address that is stated above, with her Mother.
She also mentions that she lived in the apartment where the missing child was staying, that belonged to her Grandmother, who is already deceased. That she didn't actually reside there, but spent extensive and repeated periods of time there, with her Grandmother and her Mother. The apartment was bought in 1994 and sold in 2002 and therefore she knows it perfectly, both from the inside and from the outside.
She wishes to clarify. On the 30th of April, Monday, at around 8 a.m. and when she was walking to the bus stop for the school bus that leaves at 8.15, a path that she walks every day when there is school, she noticed the presence of a male individual, at the back of Madeleine's house, on a little pathway to the apartments that exists there, looking in an ostensive manner at the house's balcony. This happened when she was walking down the street, on the left side, which was right in front of the balcony, and the distance between them was the width of the road. That when she was walking down she decided to look at the pathway, because as she lived there, she likes to watch the house and the neighbouring garden. She walked with her mother, that she is certain she didn't see the man, and she was walking two dogs on a leash, which forced them to cross the road, a bit further down. At that moment she saw the man more closely, as they crossed the road, and then lost visual angle when they finished crossing.
Says that the man didn't see the deponent, because he was staring at the balcony.
She presumes that nobody was on Madeleine's house's balcony, but she cannot state it beyond doubt.
After crossing, she caught the bus and went to school and her mother went on the beach to walk the dogs.
When she returned from school, at around 5.30/5.40 p.m., after leaving the bus, she walked a different path, because the bus has a stop on the street where she lives, and therefore she doesn't need to walk down to the 'Ocean Club'. She didn't see the man again at that time, nor did she see him again until the 2nd of May, Wednesday, after the bank holiday.
That on that day she didn't go to school because she was sick with an infection in her right ear. Still, and feeling somewhat better, at around noon she left on her own, as her mother was at work, with the dogs, and went to the 'Alisuper' supermarket which is located on a perpendicular to Rua Direita, where she bought chocolates for €3,63. Then she walked to the pharmacy, which is located below the 'Baptista' supermarket, on a lateral perspective, where she bought a box of earplugs, to prevent water from getting in, and spent €4,55. Then she went to 'Baptista' supermarket to buy cereal bread, because they don't sell it at 'Alisuper'. She left the dogs tied at the back entrance of 'Baptista' and went in to buy the bread. She paid, left 'Baptista', collected the dogs, and walked across the supermarket's hall to the main entrance, approximately four/five metres, which exits to the street where she had seen the man. She started walking up the street on the left side going up, and saw the man, this time in front of the 'Ocean Club's' reception, once more looking at Madeleine's house in an ostensive manner, where he stood he could observe, she thinks, the house's two side windows and part of the balcony. She thinks that he could also be looking at the other residences that are located in the same direction.
That as she was walking up she walked right in front of the man, and observed him directly, an action that he did not react to, because he never looked at the deponent. The distance that she observed him from was the width of the road.
After walking by the individual, she walked towards her house, through the road to the right, and never looked back to the man, or turned around to observe him better.
After that day she never saw him again.
As she said before, she left home at 12 p.m. and returned at 12.35 p.m., which means she crossed with the man at around 12.25/12.28 (the rest of the walk takes about seven minutes).
On the next day, Thursday (0.305.2007) she walked the same path as on the 30th, at the same time, but didn't see the man, and never saw him again, as she said before.
Concerning the individual, she describes him as being: Caucasian race, light skin, so he wasn't Portuguese, but could be British, according to her criteria. Approximately 180 cm tall, thin complexion, 30/35 years of age. Short hair, like shaved with 1 cm of length and fair, but she isn't sure if it was blonde because the sun was reflecting, and made perception more difficult. She didn't see the eyes because he wore dark glasses of black colour, with a structure of mass, a thick frame. He had a large forehead. Nose of normal size, a bit pointy and sharp. Large ears, close against the head. Mouth with thin lips, she didn't see his teeth. Chin pointing up, which stood out on a face that she describes as sharp. No beard, no moustache, a clean shave. No other special signs, apart from some small pimples on the face as a result of shaving. He looked ugly, even 'disgusting'.
The first time that she saw him he was wearing a sports style jacket of thin black leather, with a zipper and several pockets also with similar zippers, in silver. She saw no label or inscription. The jacket was open, therefore she saw a white t-shirt, with a dark blue label near the waist, which she cannot identify very well.
Trousers, she thinks, of blue jeans, worn out. Sports shoes (trainers) in black and grey, with a wave, maybe 'Nike' in a colour that she can't remember.
The second time, he wore the same jacket, this time zipped up, because the day was colder than the first one, windy. She didn't notice the rest of the clothing. She says that on that day he had a pen with a string attached to one of his pockets.
The first time, he was leaning against the wall against his hands, and the second time, he had his hands in his pockets.
She never saw him with any photo camera, or any mobile phone, although the second time, he might have a device in his pocket, which she detected by the shape.
When asked, she says that she saw no vehicle near the man, only a few vehicles, but near the 'Baptista'.
When asked she says that she saw Madeleine once, on a day that she cannot indicate, on the balcony where the man was staring at, the first time. She even waved at her because it was a small child, in a caring gesture.
A map of the area is added, where A is the spot of the first sighting and B the spot for the second one. The 'Baptista' supermarket and Madeleine's apartment.
She said that she can recognise the man both personally and photographically, and create a photofit.
Therefore I interrupt the present deposition and show the deponent photographs of individuals with similar characteristics.
I resume the deposition where it is consigned that the diligence resulted negatively, according to a report that is annexed.
She didn't say anything further. The deposition is read and approved, ratified and signed together with the interpreter that assisted.
The present deposition is written and signed."
Processo Volume III Pages 800-804
Case Reference: 201/07.0GALGS
Deposition Deposition Tasmin Milburn Sillence aged 12, PDL resident.
Date: 2007.05-09
Time: 1600hrs
"Comes to the process as a witness. Understands the Portuguese Language, as she has been living in Portugal since the age of two months (approximately eleven years ago). Still, an interpreter is present.
Her parents are separated, she initially resided in Monchique, and now in Praia da Luz, since 2005, at the address that is stated above, with her Mother.
She also mentions that she lived in the apartment where the missing child was staying, that belonged to her Grandmother, who is already deceased. That she didn't actually reside there, but spent extensive and repeated periods of time there, with her Grandmother and her Mother. The apartment was bought in 1994 and sold in 2002 and therefore she knows it perfectly, both from the inside and from the outside.
She wishes to clarify. On the 30th of April, Monday, at around 8 a.m. and when she was walking to the bus stop for the school bus that leaves at 8.15, a path that she walks every day when there is school, she noticed the presence of a male individual, at the back of Madeleine's house, on a little pathway to the apartments that exists there, looking in an ostensive manner at the house's balcony. This happened when she was walking down the street, on the left side, which was right in front of the balcony, and the distance between them was the width of the road. That when she was walking down she decided to look at the pathway, because as she lived there, she likes to watch the house and the neighbouring garden. She walked with her mother, that she is certain she didn't see the man, and she was walking two dogs on a leash, which forced them to cross the road, a bit further down. At that moment she saw the man more closely, as they crossed the road, and then lost visual angle when they finished crossing.
Says that the man didn't see the deponent, because he was staring at the balcony.
She presumes that nobody was on Madeleine's house's balcony, but she cannot state it beyond doubt.
After crossing, she caught the bus and went to school and her mother went on the beach to walk the dogs.
When she returned from school, at around 5.30/5.40 p.m., after leaving the bus, she walked a different path, because the bus has a stop on the street where she lives, and therefore she doesn't need to walk down to the 'Ocean Club'. She didn't see the man again at that time, nor did she see him again until the 2nd of May, Wednesday, after the bank holiday.
That on that day she didn't go to school because she was sick with an infection in her right ear. Still, and feeling somewhat better, at around noon she left on her own, as her mother was at work, with the dogs, and went to the 'Alisuper' supermarket which is located on a perpendicular to Rua Direita, where she bought chocolates for €3,63. Then she walked to the pharmacy, which is located below the 'Baptista' supermarket, on a lateral perspective, where she bought a box of earplugs, to prevent water from getting in, and spent €4,55. Then she went to 'Baptista' supermarket to buy cereal bread, because they don't sell it at 'Alisuper'. She left the dogs tied at the back entrance of 'Baptista' and went in to buy the bread. She paid, left 'Baptista', collected the dogs, and walked across the supermarket's hall to the main entrance, approximately four/five metres, which exits to the street where she had seen the man. She started walking up the street on the left side going up, and saw the man, this time in front of the 'Ocean Club's' reception, once more looking at Madeleine's house in an ostensive manner, where he stood he could observe, she thinks, the house's two side windows and part of the balcony. She thinks that he could also be looking at the other residences that are located in the same direction.
That as she was walking up she walked right in front of the man, and observed him directly, an action that he did not react to, because he never looked at the deponent. The distance that she observed him from was the width of the road.
After walking by the individual, she walked towards her house, through the road to the right, and never looked back to the man, or turned around to observe him better.
After that day she never saw him again.
As she said before, she left home at 12 p.m. and returned at 12.35 p.m., which means she crossed with the man at around 12.25/12.28 (the rest of the walk takes about seven minutes).
On the next day, Thursday (0.305.2007) she walked the same path as on the 30th, at the same time, but didn't see the man, and never saw him again, as she said before.
Concerning the individual, she describes him as being: Caucasian race, light skin, so he wasn't Portuguese, but could be British, according to her criteria. Approximately 180 cm tall, thin complexion, 30/35 years of age. Short hair, like shaved with 1 cm of length and fair, but she isn't sure if it was blonde because the sun was reflecting, and made perception more difficult. She didn't see the eyes because he wore dark glasses of black colour, with a structure of mass, a thick frame. He had a large forehead. Nose of normal size, a bit pointy and sharp. Large ears, close against the head. Mouth with thin lips, she didn't see his teeth. Chin pointing up, which stood out on a face that she describes as sharp. No beard, no moustache, a clean shave. No other special signs, apart from some small pimples on the face as a result of shaving. He looked ugly, even 'disgusting'.
The first time that she saw him he was wearing a sports style jacket of thin black leather, with a zipper and several pockets also with similar zippers, in silver. She saw no label or inscription. The jacket was open, therefore she saw a white t-shirt, with a dark blue label near the waist, which she cannot identify very well.
Trousers, she thinks, of blue jeans, worn out. Sports shoes (trainers) in black and grey, with a wave, maybe 'Nike' in a colour that she can't remember.
The second time, he wore the same jacket, this time zipped up, because the day was colder than the first one, windy. She didn't notice the rest of the clothing. She says that on that day he had a pen with a string attached to one of his pockets.
The first time, he was leaning against the wall against his hands, and the second time, he had his hands in his pockets.
She never saw him with any photo camera, or any mobile phone, although the second time, he might have a device in his pocket, which she detected by the shape.
When asked, she says that she saw no vehicle near the man, only a few vehicles, but near the 'Baptista'.
When asked she says that she saw Madeleine once, on a day that she cannot indicate, on the balcony where the man was staring at, the first time. She even waved at her because it was a small child, in a caring gesture.
A map of the area is added, where A is the spot of the first sighting and B the spot for the second one. The 'Baptista' supermarket and Madeleine's apartment.
She said that she can recognise the man both personally and photographically, and create a photofit.
Therefore I interrupt the present deposition and show the deponent photographs of individuals with similar characteristics.
I resume the deposition where it is consigned that the diligence resulted negatively, according to a report that is annexed.
She didn't say anything further. The deposition is read and approved, ratified and signed together with the interpreter that assisted.
The present deposition is written and signed."
Deposition Aoife Smith 26-05-07
1611-1614 Deposition Aoife Smith 26-05-07
Processos, Volume VI Pages 1611-1614
Date of Diligence: 2007.05.26 10h45
Location: This Department
Name: Aoife Smith
The witness states:
Being an English citizen, and not understanding Portuguese neither spoken nor written, she is accompanied by an interpreter.
On 30 April 2007 she travelled to Portugal on holiday, specifically to the Algarve. She came with her parents Martin and Mary Smith and her two nieces, AC and EC.
They stayed in the Estrela Da Luz complex in Praia da Luz where her parents have an apartment.
When they arrived at the apartment they met her brother, Peter Smith, her sister-in-law, S.McD.Smith, her nephew (six years old), CO** and the son of her sister-in-law, TA*** (13 years old).
They came on holiday for about 10 days, having returned to Ireland on 9 May 2007. (She is not absolutely certain of the day).
Her days on holiday were spent in the swimming pool of the complex where they were lodged, on the beach of Luz and in the shopping centre. Normally, they were spent in Praia da Luz - Vila da Luz.
Dinner was taken between 19h00 and 20h00, in the apartment or in the Restaurants "Dolphin", "Cavaleiro da Luz", "Chaplin" or the "Marujo", all situated in the Praia da Luz area.
When they ate at home they would not normally go out. When they went to eat at the restaurants they stopped by Kelly's Bar, situated, she thinks, on Calheta Street in Praia da Luz.
Regarding the 3rd of May, 2007, she went, with all her family, to eat at the Dolphin restaurant, which is close to Kelly's Bar. When they left the restaurant, around 21H30, they headed toward Kelly's Bar. They stayed there for about 30 minutes.
Around 22H00, they left Kelly's Bar. The group headed, on foot, for their apartment.
Questioned, she responds that she knows the time that they left because her father and her brother decided to leave early that night. There were two reasons for this: one was the fact that her sister-in-law was not feeling very well and the other was because her brother, sister-in-law, nephew and son of her sister-in-law finished their holiday the next day and had to catch the morning flight returning to Ireland.
Upon leaving the bar, they turned right and headed along the road for 40/50 metres. At this point, they again turned to the right and ascended a small street with stairs that give access to Rua 25 de Abril. As they were a large group (four adults and five children) they travelled apart from each other along the street with some more to the front and the others more behind. She does not remember how they were divided [who was where].
The deponent remembers that upon reaching the top of the stairs, she looked to her left and saw a man (1) with a female child (2) in his arms, walking along the pavement of Rua 25 de Abril. He was walking in her direction at a distance of, give or take, two metres.
The deponent crossed to the other side of Rua 25 de Abril and began walking up Rua da Escola Primária in the direction of the Estrela da Luz apartment complex.
She did not see if the referenced individual with the child descended Rua das Escadinhas or if he continued along Rua 25 de Abril.
It was the first time she saw that man. She does not remember seeing him at any time in any location.
She has seen photographs of Madeleine McCann and thinks that it could have been her. Asked, she said she was 60% certain.
The description below made about the man and the female child that the witness saw was made at around 22H00, when the lighting was weak.
Questioned, states that probably she would not be able to recognise either the individual or the child.
Personal Description:
1) the individual was male, Caucasian, light-skinned, between 20/30 years of age, of normal physical build, around 1,70/1,75 metres in height. At the time she saw his face but now cannot remember it. She thinks that he had a clean-shaven face. She does not remember seeing tattoos, scars or earrings. She did not notice his ears. His hair was thick-ish, light brown in colour, short at the back (normal) and a bit longer on the top. His trousers were smooth "rights" along the legs, beige in colour, cotton fabric, thicker than linen, possibly with buttons, and without any other decoration. She did not see what he was wearing above his trousers as the child covered him almost completely at the top. She did not see what shoes he was wearing. The individual's gait was normal, between a fast walk and a run. He did not look tired, moving in a manner usual when one carries a child.
2) the child was female because she had straight long hair to the neck. The colour was fair/light brown.
She is certain that the child was about four years old because her niece (who was in the group) is of the same age and they were the same size.
She did not see the child's face because she was lying against the individual's left shoulder in a vertical position against the individual. She appeared to be sleeping. Her arms were suspended along her body and were not around the individual's neck. She did not look at the child's hands and cannot state the colour of her skin. She believes she was white.
There was nothing covering the child, a comforter/blanket or any other piece of clothing but she only saw her back.
She was wearing light trousers, white or light pink, that may have been pyjamas. She does not remember if they were patterned as it was dark. The material was lightweight/thin and could have been cotton.
She also had a light top, with long sleeves. She did not see it well because the individual had his arms around the child. She is not sure if the child's top was the same colour as her trousers, saying only that it was very light. The fabric was the same as the trousers.
Questioned regarding the shoes, she responded that she did not remember seeing any shoes, not remembering if the child had any or not.
Asked to tell the truth, she affirms that what she has finished declaring is the truth of the facts, according to her knowledge.
And nothing more was said. Reads and finds it inconformity, ratifies and signs together with her interpreter.
Processos, Volume VI Pages 1611-1614
Date of Diligence: 2007.05.26 10h45
Location: This Department
Name: Aoife Smith
The witness states:
Being an English citizen, and not understanding Portuguese neither spoken nor written, she is accompanied by an interpreter.
On 30 April 2007 she travelled to Portugal on holiday, specifically to the Algarve. She came with her parents Martin and Mary Smith and her two nieces, AC and EC.
They stayed in the Estrela Da Luz complex in Praia da Luz where her parents have an apartment.
When they arrived at the apartment they met her brother, Peter Smith, her sister-in-law, S.McD.Smith, her nephew (six years old), CO** and the son of her sister-in-law, TA*** (13 years old).
They came on holiday for about 10 days, having returned to Ireland on 9 May 2007. (She is not absolutely certain of the day).
Her days on holiday were spent in the swimming pool of the complex where they were lodged, on the beach of Luz and in the shopping centre. Normally, they were spent in Praia da Luz - Vila da Luz.
Dinner was taken between 19h00 and 20h00, in the apartment or in the Restaurants "Dolphin", "Cavaleiro da Luz", "Chaplin" or the "Marujo", all situated in the Praia da Luz area.
When they ate at home they would not normally go out. When they went to eat at the restaurants they stopped by Kelly's Bar, situated, she thinks, on Calheta Street in Praia da Luz.
Regarding the 3rd of May, 2007, she went, with all her family, to eat at the Dolphin restaurant, which is close to Kelly's Bar. When they left the restaurant, around 21H30, they headed toward Kelly's Bar. They stayed there for about 30 minutes.
Around 22H00, they left Kelly's Bar. The group headed, on foot, for their apartment.
Questioned, she responds that she knows the time that they left because her father and her brother decided to leave early that night. There were two reasons for this: one was the fact that her sister-in-law was not feeling very well and the other was because her brother, sister-in-law, nephew and son of her sister-in-law finished their holiday the next day and had to catch the morning flight returning to Ireland.
Upon leaving the bar, they turned right and headed along the road for 40/50 metres. At this point, they again turned to the right and ascended a small street with stairs that give access to Rua 25 de Abril. As they were a large group (four adults and five children) they travelled apart from each other along the street with some more to the front and the others more behind. She does not remember how they were divided [who was where].
The deponent remembers that upon reaching the top of the stairs, she looked to her left and saw a man (1) with a female child (2) in his arms, walking along the pavement of Rua 25 de Abril. He was walking in her direction at a distance of, give or take, two metres.
The deponent crossed to the other side of Rua 25 de Abril and began walking up Rua da Escola Primária in the direction of the Estrela da Luz apartment complex.
She did not see if the referenced individual with the child descended Rua das Escadinhas or if he continued along Rua 25 de Abril.
It was the first time she saw that man. She does not remember seeing him at any time in any location.
She has seen photographs of Madeleine McCann and thinks that it could have been her. Asked, she said she was 60% certain.
The description below made about the man and the female child that the witness saw was made at around 22H00, when the lighting was weak.
Questioned, states that probably she would not be able to recognise either the individual or the child.
Personal Description:
1) the individual was male, Caucasian, light-skinned, between 20/30 years of age, of normal physical build, around 1,70/1,75 metres in height. At the time she saw his face but now cannot remember it. She thinks that he had a clean-shaven face. She does not remember seeing tattoos, scars or earrings. She did not notice his ears. His hair was thick-ish, light brown in colour, short at the back (normal) and a bit longer on the top. His trousers were smooth "rights" along the legs, beige in colour, cotton fabric, thicker than linen, possibly with buttons, and without any other decoration. She did not see what he was wearing above his trousers as the child covered him almost completely at the top. She did not see what shoes he was wearing. The individual's gait was normal, between a fast walk and a run. He did not look tired, moving in a manner usual when one carries a child.
2) the child was female because she had straight long hair to the neck. The colour was fair/light brown.
She is certain that the child was about four years old because her niece (who was in the group) is of the same age and they were the same size.
She did not see the child's face because she was lying against the individual's left shoulder in a vertical position against the individual. She appeared to be sleeping. Her arms were suspended along her body and were not around the individual's neck. She did not look at the child's hands and cannot state the colour of her skin. She believes she was white.
There was nothing covering the child, a comforter/blanket or any other piece of clothing but she only saw her back.
She was wearing light trousers, white or light pink, that may have been pyjamas. She does not remember if they were patterned as it was dark. The material was lightweight/thin and could have been cotton.
She also had a light top, with long sleeves. She did not see it well because the individual had his arms around the child. She is not sure if the child's top was the same colour as her trousers, saying only that it was very light. The fabric was the same as the trousers.
Questioned regarding the shoes, she responded that she did not remember seeing any shoes, not remembering if the child had any or not.
Asked to tell the truth, she affirms that what she has finished declaring is the truth of the facts, according to her knowledge.
And nothing more was said. Reads and finds it inconformity, ratifies and signs together with her interpreter.
Peter Smith 26-05-507 re Man Carrying Child
1615-1624 Deposition Peter Smith 26-05-507 re Suspect Carrying Child
6-Processos Volume VI Pages 1615-1624
Date of Diligence: 2007.05.26 15H30
Location: DIC Portimao
Name: PETER DANIEL SMITH
The witness states:
That he comes to the process as a witness.
Being of Irish nationality, he does not understand Portuguese in its oral or written form and is therefore accompanied by an interpreter.
States that his father owns an apartment in the town of Luz, Lagos, namely in Urban. Estrela da Luz, corresponding to A1C. His father comes to Portugal at least three times per year. The deponent went the first time that he travelled to Portugal.
Concerning the period in question, states that he arrived in Portugal on the 26th of April of 2007 and had his return passage booked for the 4th of May of the same year. He arrived at Faro airport from the city of Dublin. That he arrived before his father, by choice, due to available days. He came accompanied by his wife, S***, and his two children TA*** and CO**, 13 and 6 years old respectively.
He would like to clarify that on the 3rd of May, he and his family went to the Dolphin restaurant, situated in Praia da Luz, where they dined. Around 21H00 they left the restaurant and went to Kelly's Bar, about one minute away on foot. In Kelly's Bar (he does not remember the name of the street it is on) they had a few drinks, having left from there around 21H50/22H00.
They left the bar, and went up some steps that give access to a road just above. On this road they took a side street, the name of which he does not know, in the direction of Estrela da Luz. Immediately at the beginning of this road he saw an individual carrying a child, who walked normally, with a fairly quick step because he was coming downhill. It appeared normal to him, like father and daughter. He adds that this individual was coming down the street, opposite to the direction of the deponent and his family. He does not know what direction the individual took as he only saw him as they passed each other.
Urged, states that when he passed this individual it would have been around 21H55/22H00, and at the time he was completely unaware that a child had disappeared. He only found out about the disappearance of the child the next morning through someone he knew, the son of the builder of Estrela da Luz, who was also at the airport. The witness went to the airport given that, as planned, he intended to return to Ireland on that day
At that time he did not associate the said individual with the disappearance, only after thinking on the subject and the coincidence of the time did he infer that MADELEINE could have been the child carried by the individual that he had seen.
The description of the individual who carried the child was: Caucasian, around 175 to 180 cm tall. About 35 years, or older. He was somewhat tanned as a result of sun exposure. Average build, in good shape. Short hair, brown in colour. He does not remember if he wore glasses, or had a beard or a moustache. He did not notice any other relevant details as the lighting was bad.
He also does not remember the clothing the individual wore or his shoes. He states that he did not notice those details as his pregnant wife was somewhat ill and he was constantly attending to her, not caring about observation of the individual.
He states the child was female. She was perhaps two or three years old, in that she appeared to him to be a bit smaller than his niece of the same age. She was a child of normal build. She had blonde hair, of medium shade, not very light. Her skin was white, typically British. He did not notice her eyes as she was asleep, having closed eyelids.
He does not remember her clothing very well but thinks it was lightweight summer clothing, light in colour. He does not remember if she was covered with any wrap or blanket. He cannot affirm if she was barefoot.
He states that [the man] carried the child on his arms, with the head resting on the left shoulder, as such on the right of the deponent, appearing to him in a natural manner.
Having already seen various photographs of MADELEINE and televised images, states that the child that was carried by the individual may have been her. He cannot state this as fact but is convinced that it could have been MADELEINE, an opinion shared by his family.
Questioned, states that the individual did not speak nor did the child as she was sleeping deeply. He adds also that the individual did not try to hide his face or lower his look, [doing] nothing [that would be] perceived as strange.
States that it would not be possible to recognize the individual in person or via photograph.
At being asked, says that when he saw the individual, the deponent was accompanied by his wife, S***, his father MARTIN, his mother MARY, his children TA*** and CO**, 13 and 6 year old respectively, his sister AOIFE, 12 years old, and his two nieces AI******, 10 years, and EI****, 4 years, children of his sister B******, who was in Ireland.
States further that when he passed the individual, the individual was coming down to his right, going around the deponent in the middle of the street. At that time the traffic was minimal or non-existent.
He adds that the group walked some metres apart from each other, therefore they would have seen the individual in different positions.
He adds a sketch indicating the route and place of the sighting.
Adds further that his son TA*** was questioned in Ireland and said that the individual was dressed in a long-sleeved coat/jacket, black in colour, and that the child was barefoot.
He has nothing else to offer the investigation.
And nothing more was said. Reads and finds it in conformity, ratifies and signs together with the interpreter.
6-Processos Volume VI Pages 1615-1624
Date of Diligence: 2007.05.26 15H30
Location: DIC Portimao
Name: PETER DANIEL SMITH
The witness states:
That he comes to the process as a witness.
Being of Irish nationality, he does not understand Portuguese in its oral or written form and is therefore accompanied by an interpreter.
States that his father owns an apartment in the town of Luz, Lagos, namely in Urban. Estrela da Luz, corresponding to A1C. His father comes to Portugal at least three times per year. The deponent went the first time that he travelled to Portugal.
Concerning the period in question, states that he arrived in Portugal on the 26th of April of 2007 and had his return passage booked for the 4th of May of the same year. He arrived at Faro airport from the city of Dublin. That he arrived before his father, by choice, due to available days. He came accompanied by his wife, S***, and his two children TA*** and CO**, 13 and 6 years old respectively.
He would like to clarify that on the 3rd of May, he and his family went to the Dolphin restaurant, situated in Praia da Luz, where they dined. Around 21H00 they left the restaurant and went to Kelly's Bar, about one minute away on foot. In Kelly's Bar (he does not remember the name of the street it is on) they had a few drinks, having left from there around 21H50/22H00.
They left the bar, and went up some steps that give access to a road just above. On this road they took a side street, the name of which he does not know, in the direction of Estrela da Luz. Immediately at the beginning of this road he saw an individual carrying a child, who walked normally, with a fairly quick step because he was coming downhill. It appeared normal to him, like father and daughter. He adds that this individual was coming down the street, opposite to the direction of the deponent and his family. He does not know what direction the individual took as he only saw him as they passed each other.
Urged, states that when he passed this individual it would have been around 21H55/22H00, and at the time he was completely unaware that a child had disappeared. He only found out about the disappearance of the child the next morning through someone he knew, the son of the builder of Estrela da Luz, who was also at the airport. The witness went to the airport given that, as planned, he intended to return to Ireland on that day
At that time he did not associate the said individual with the disappearance, only after thinking on the subject and the coincidence of the time did he infer that MADELEINE could have been the child carried by the individual that he had seen.
The description of the individual who carried the child was: Caucasian, around 175 to 180 cm tall. About 35 years, or older. He was somewhat tanned as a result of sun exposure. Average build, in good shape. Short hair, brown in colour. He does not remember if he wore glasses, or had a beard or a moustache. He did not notice any other relevant details as the lighting was bad.
He also does not remember the clothing the individual wore or his shoes. He states that he did not notice those details as his pregnant wife was somewhat ill and he was constantly attending to her, not caring about observation of the individual.
He states the child was female. She was perhaps two or three years old, in that she appeared to him to be a bit smaller than his niece of the same age. She was a child of normal build. She had blonde hair, of medium shade, not very light. Her skin was white, typically British. He did not notice her eyes as she was asleep, having closed eyelids.
He does not remember her clothing very well but thinks it was lightweight summer clothing, light in colour. He does not remember if she was covered with any wrap or blanket. He cannot affirm if she was barefoot.
He states that [the man] carried the child on his arms, with the head resting on the left shoulder, as such on the right of the deponent, appearing to him in a natural manner.
Having already seen various photographs of MADELEINE and televised images, states that the child that was carried by the individual may have been her. He cannot state this as fact but is convinced that it could have been MADELEINE, an opinion shared by his family.
Questioned, states that the individual did not speak nor did the child as she was sleeping deeply. He adds also that the individual did not try to hide his face or lower his look, [doing] nothing [that would be] perceived as strange.
States that it would not be possible to recognize the individual in person or via photograph.
At being asked, says that when he saw the individual, the deponent was accompanied by his wife, S***, his father MARTIN, his mother MARY, his children TA*** and CO**, 13 and 6 year old respectively, his sister AOIFE, 12 years old, and his two nieces AI******, 10 years, and EI****, 4 years, children of his sister B******, who was in Ireland.
States further that when he passed the individual, the individual was coming down to his right, going around the deponent in the middle of the street. At that time the traffic was minimal or non-existent.
He adds that the group walked some metres apart from each other, therefore they would have seen the individual in different positions.
He adds a sketch indicating the route and place of the sighting.
Adds further that his son TA*** was questioned in Ireland and said that the individual was dressed in a long-sleeved coat/jacket, black in colour, and that the child was barefoot.
He has nothing else to offer the investigation.
And nothing more was said. Reads and finds it in conformity, ratifies and signs together with the interpreter.
8.11.12
Statement GNR Nelson da-Costa 07-05-07 re Jane Tanner Sighting & Search of 5A
417-419 Deposition Nelson da-Costa 07-05-07 re Jane Tanner Sighting & Searched 5A
02-Processos Volume II Pages 417-419
Nelson Filipe Pacheco da Costa
Date/Time: 2007/05/07 18H45
G.N.R. Military Personnel
Concerning the issue of the process said;
In the sequence of facts, he was with the patrol of the GNR that went to the Ocean Club Gardens establishment (situated in Para da Luz) on night of May 03, 2007, with the goal of investigating the circumstances that surrounded the disappearance of a minor, of British nationality, that was installed there temporarily, together with the rest of her more direct family, knowing these to be, the respective parents, and two siblings, twins, minors, whose name do not need to be clarified;
Clarifies that the occurrence in question was transmitted to the above referenced patrol via radio, at time when they were located in Odiaxere;
The patrol of which he took part, and now as a witness, went immediately to the principal reception of the aforementioned establishment, where there was encountered the father of the missing child;
Following, this patrol went to the residence where the family of said minor was staying in the 'Ocean Garden' together with the father;
At reaching the location, the two elements that made up the patrol, the current witness and his colleague, Jose Roque, proceeded into the interior of the apartment, with the goal of investigating the contours which eventually surrounded the disappearance of that minor;
In this sentiment, the deponent states that they searched al the dependencies of the residence and all the pieces of furniture, in order to confirm the disappearance - effectively confirming that that she was not in the interior;
The question made, the deponent states that the access to interior of the residence was accessed through a principal door- that is, a wood door which is placed facing north. Inside, the deponent encountered the mother and two siblings of the missing minor. The deponent states that he is unable to specify if that entrance door was found open or closed when he reached the apartment during which he was taking in the facts which the witness is now clarifying.
In the sequence of confirming the facts of the effective disappearance of that minor, he states that this has been communicated prior, for the reason of helping the PolÃcia Judiciara.
States that other details that may be relevant to the investigation concerns that they were directed to a citizen, of British nationality, who made up the group of tourists together with the family, name of Jane Tanner, and who detected the presence of a suspicious movement of an individual in the immediate area above identified, in the discourse of which was seen transporting a child of an early age;
And nothing more said, having read the statement, finds it in conformity and signs it;
The document is duly signed by me '
Pedro Varanda, an Inspector with this PolÃcia Judiciara.
02-Processos Volume II Pages 417-419
Nelson Filipe Pacheco da Costa
Date/Time: 2007/05/07 18H45
G.N.R. Military Personnel
Concerning the issue of the process said;
In the sequence of facts, he was with the patrol of the GNR that went to the Ocean Club Gardens establishment (situated in Para da Luz) on night of May 03, 2007, with the goal of investigating the circumstances that surrounded the disappearance of a minor, of British nationality, that was installed there temporarily, together with the rest of her more direct family, knowing these to be, the respective parents, and two siblings, twins, minors, whose name do not need to be clarified;
Clarifies that the occurrence in question was transmitted to the above referenced patrol via radio, at time when they were located in Odiaxere;
The patrol of which he took part, and now as a witness, went immediately to the principal reception of the aforementioned establishment, where there was encountered the father of the missing child;
Following, this patrol went to the residence where the family of said minor was staying in the 'Ocean Garden' together with the father;
At reaching the location, the two elements that made up the patrol, the current witness and his colleague, Jose Roque, proceeded into the interior of the apartment, with the goal of investigating the contours which eventually surrounded the disappearance of that minor;
In this sentiment, the deponent states that they searched al the dependencies of the residence and all the pieces of furniture, in order to confirm the disappearance - effectively confirming that that she was not in the interior;
The question made, the deponent states that the access to interior of the residence was accessed through a principal door- that is, a wood door which is placed facing north. Inside, the deponent encountered the mother and two siblings of the missing minor. The deponent states that he is unable to specify if that entrance door was found open or closed when he reached the apartment during which he was taking in the facts which the witness is now clarifying.
In the sequence of confirming the facts of the effective disappearance of that minor, he states that this has been communicated prior, for the reason of helping the PolÃcia Judiciara.
States that other details that may be relevant to the investigation concerns that they were directed to a citizen, of British nationality, who made up the group of tourists together with the family, name of Jane Tanner, and who detected the presence of a suspicious movement of an individual in the immediate area above identified, in the discourse of which was seen transporting a child of an early age;
And nothing more said, having read the statement, finds it in conformity and signs it;
The document is duly signed by me '
Pedro Varanda, an Inspector with this PolÃcia Judiciara.
Jane Tanner 04-May-07 re Potential Abductor
42-51 Deposition Jane Tanner 04-05-07 re man carrying a child
01-Processos Vol I Pages 42-51
Witness Statement: Jane Michelle Tanner
Date: 2007-05-04
Time: 11.30
As she is a British citizen and does not understand written or spoken Portuguese, she is assisted by the interpreter, Filipa Silva.
She has been on holiday in Portugal since last Saturday, 28th April, staying at the OC resort in P da L, Lagos, together with her partner (Russell O'Brien), their two children and three couples (Gerald McCann and Kate Healy, Matthew Oldfield and Rachel Mampilly and David and Fiona Payne. The group also included Fiona Payne's mother, Diane Webster.
She was accompanied by her two children, E**a O'Brien aged three and E**e O'Brien aged one.
The other couples also brought their children, G***e Oldfield aged one (the daughter of Rachel Mampilly and Matthew Oldfield), L*** Payne aged two and S******* Payne, aged 11 months (daughters of David and Fiona Payne) and the twins Amelie and Sean McCann aged two and Madeleine McCann who would be four in two weeks time (children of Kate and Gerry McCann).
They were on holiday, which they (the couples) had arranged from England where they are friends. They travelled through the MW agency.
All the couples stayed in individual apartments (I) in the same resort, with their respective children.
Since Saturday the routine was that they would almost all get up at about 07.30-08.00 and then would have breakfast in a restaurant near to their accommodation, called the Millenium (6), taking their children at about 09.00 AM to three different areas of the Kids Club (2) (4) (5) according to the children's' ages.
Only the McCann couple would have breakfast in their apartment, due to the fact that they had three children and because it was complicated to walk with the three at the same time. After this they would also take their children to the Kids Club.
As regards the Kids Club, she clarifies:
E**a O'Brien and Madeleine McCann were in a room in a building near to the reception (4) and English lady called Cat Baker was responsible for them. Apart from her, there were three or four more persons looking after the children, she only remembers one name (Emma Wilding). They would do various activities, such as going to the indoor pool at the resort, they would go to the tennis court, situated outside near to the Tapas restaurant (3), they would got to the beach (outside), they would paint and play (inside the resort).
Scarlet Payne was also near to the reception but in another room (5) different to the one E**a and Madeleine were in. She does not know who was responsible or who the employees who worked in this room were.
As regards G***e Oldfield and E**e O'Brien, Amelie and Sean McCann, they were all in one room (2) near to the Tapas restaurant. The person responsible for GO and E**e O'B was an English citizen called Leanne Wagstaff. As regards L*** Payne, Amelie and Sean, without knowing for certain, she says that the person responsible was Stacy Portz. The activities were identical to those of the other rooms, both inside and outside of the resort. At about 12.30 they would all go and fetch their children from the respective Kids Club rooms, as these would close, and go have lunch.
They would sometimes have lunch together in one of the couples' apartments. At about 14.30 the Kids Club rooms would open again and the only children who returned to the rooms were Madeleine, E**a, Amelie and Sean.
The other children would stay with their respective parents.
At about 16.45 all the children would meet for tea in an annex to the Tapas restaurant (3). It was the employee Cat Baker who would take E**a and Madeleine.
During the time they were having tea, the children's' parents would come and collect them.
Until 3rd May she has no knowledge of anything strange or suspicious having happened to the group of friends or to the children.
Yesterday the witness did not go to breakfast because she had tennis booked for 09.00. It was her partner who took her daughters for breakfast, having previously taken E**a O'Brien to the Kids Club. E**e O'B who was not feeling well, did not go to her Kids Club room and went with her father to look for the witness. They arrived at about 09.30 having waited for almost 30 minutes for the tennis lesson (8) to have finished.
The witness played tennis (8) with Kate and with Diane Webster. She does not know where Kate's children had breakfast, but knows that the three of them went to their respective rooms in the Kids Club. She supposes that it was Gerry who took them there.
During the tennis lesson (8) Kate behaved normally.
After the tennis lesson the witness went with her partner and daughter E**e to the beach (7) where they stayed until about 12.20. After this, they went to pick up E**a from the Kids Club.
She does not know what Kate did after leaving the tennis courts (8) between 10.10 and 11.10.
She does not remember whether Madeleine was still in the room when she went to pick up her daughter, E**a. They both went to their apartment (1) taking their daughters with them. Mathew and Rachel and their daughter also appeared and had lunch with them.
They had lunch between 12.45 and 13.45, afterwards at about 14.00 the witness played tennis again (8) with Rachel.
Her daughters and Rachel's daughter stayed in the apartment (1) with their respective parents.
She remembers that when she was playing tennis, she saw Kate and Gerry arrive at the children's playground, next to the tennis courts, with their three children. Kate waved to her. They stayed at the playground until 14.40 when they went to take the children to the Kids Club.
After finishing playing tennis at about 14.45, the witness went to her apartment (1) where she stayed with her daughter E**e, her partner had gone sailing with Matthew.
At about 15.45 she went to the beach with Rachel, Diane, Fiona, L*** and Scarlet Payne, taking her daughter E**e along.
Meanwhile Russell arrived from the boat trip and went straight to pick up E**a from the Kids Club. They joined the witness at the beach (7) where they stayed until 18.10-18.15.
"When she went to the beach she saw GM and KH having a personal tennis lesson. No children were with them.
Around 17h15 she saw KH pass the beach (7) "jogging", she having waved."
Russell, Matthew and David left the beach a little earlier to go to the tennis court (8), it was men's tennis evening. When the witness, together with her friends and children returned from the beach at about 18.20, they passed by the tennis courts and saw all the men, including Gerry on court. They stayed there talking to them until about 20.30 (sic). Gerald behaved normally.
She thinks Kate was in the apartment (1) putting the children to bed.
At about 19.00 they all went back to their own apartments with the children. The witness bathed her children, read them a story and put them to bed. E**e who was unwell and having trouble sleeping, stayed with her father, who had arrived in the meantime. The witness went for dinner at the Tapas restaurant at about 20.30.
When she arrived at the restaurant several members of the group were already there, without their children. They were all presumably sleeping.
At about 21.00 her husband arrived at the restaurant, having got E**e to sleep. For this reason and because Fiona, David and Diane only arrived at about 21.00, the dinner, reserved for 20.30, only began after 21.00.
Normally, every 15 minutes a member from each apartment would go and check the bedrooms of the respective children to see if everything was all right.
During dinner everything went well. Everyone was in a good mood.
She remembers that at about 21.10 Gerald left the restaurant (3) to go to the apartment to check on the children. Five minutes later, the witness left, to go to her apartment to see whether her daughters were OK. At this moment she saw Gerry talking to an Englishman called Jez whom they had got to know during the holidays. They played tennis with him.
She passed by them knowing that Gerry had already been in the apartment (1) to check his children.
Meanwhile a man appeared carrying a child with a hurried walk, it being this detail together with the fact that the child dressed in pyjamas, without being wrapped up in a blanket, that caught her attention. She only managed to see him from the side, with the child in his arms. She noticed the individual's presence exactly when she had just passed by Gerry and Jez who were talking, having seen this person step off the pavement that borders on the apartment block where they were staying and rapidly cross the road.
The entrance to the apartment building (1) is exactly at the place (street) where the individual appeared from.
After checking on her daughters, she returned to the restaurant. On her way back Gerry was no longer talking in the place where she had seen him.
When she arrived at the restaurant Gerry was already there, accompanied by his wife, Kate.
About 15-20 minutes later, her husband Russell and Matthew left to check on the children. As her daughter E**e was restless and crying, Russell stayed in the apartment.
Meanwhile Matthew went to check his child and those of Kate and Gerry. According to what he said, he saw the twins but he did not see Madeleine. As there was no noise he supposed that all was well and returned to the restaurant. Matthew informed the witness that Russell had stayed in the apartment.
After having quickly eaten her main course, the witness went to her apartment in order to take over from Russell, so that he could have his dinner.
When she was in the apartment, at about 22.00- 22.15 she heard Kate and Fiona shouting and saying that Madeleine had disappeared.
When asked, she says that she thinks it was Kate who discovered the girl to be missing, the witness is not sure due not being in the restaurant at that time.
During all the evenings they carried out these procedures, they would get up from the table and check that everything was well with the children.
Madeleine was a lovely, very friendly, very active, playful girl. She likes to jump around. She was intelligent and (the witness) does not believe that if a stranger had approached she would not have shouted.
She says that of all the holiday group, the couple she knows least well are Kate and Gerry. She does not remember Kate had ever mentioned that Madeleine slept badly or had caused any kind of problems.
Description of the tourist resort:
The OC resort is composed of a vast area, in accordance with the map that is annexed to this statement. This map is marked with the numbers of the sites that are of greatest importance to this investigation, such as:
1. Apartments where the couples were staying. This block is composed of 3 or 4 buildings, each containing about 6 apartments, for a total of between 20 and 30 apartments.
2. Kids Club room, attended by G***e, E**e, L***, Amelie and Sea.
3. Tapas restaurant.
4. Kids Club room attended by E**a and Madeleine.
5. Kids Club room attended by Scarlet.
6. Millenium restaurant.
7. P da L Beach.
8. Tennis courts.
9. Area of the sketch made by the witness.
Personal description:
( * ) Dark skinned individual, male sex, aged between 35-40, slim physical appearance, about 1.70m tall. Very dark, thick hair, longer at the back (she could only see him from behind). He was wearing linen type cloth trousers, beige to golden in colour, a "duffy" sic type jacket (but not that thick). His shoes were dark in colour, classic type. He had a hurried walk. He was carrying a child, who was lying on both his arms, in front of his chest. By the way he was dressed, he gave her the impression that he was not a tourist, because he was very "warmly dressed".
(**) About the child whom appeared to be sleeping, she only saw her legs. The child appeared to be older than a baby. She was barefoot and was wearing what appeared to be cotton pyjamas of a light colour (possibly white or light pink). She is not certain, but has the impression a design on the pyjamas, possibly a floral pattern, but she is not certain.
As regards these details, she does not know what Madeleine was wearing at the moment of her disappearance, because she did not talk to anyone about this. As she concerns the man she saw, she only spoke to Gerald about this, not entering into details, and to the police.
When requested, she drew a sketch, which is joined to this statement (9).
When asked, she says she would probably be able to identify the individual she saw, being able to identify him from the side and from his manner of walking.
No more is said.
Reads, ratifies, signs.
01-Processos Vol I Pages 42-51
Witness Statement: Jane Michelle Tanner
Date: 2007-05-04
Time: 11.30
As she is a British citizen and does not understand written or spoken Portuguese, she is assisted by the interpreter, Filipa Silva.
She has been on holiday in Portugal since last Saturday, 28th April, staying at the OC resort in P da L, Lagos, together with her partner (Russell O'Brien), their two children and three couples (Gerald McCann and Kate Healy, Matthew Oldfield and Rachel Mampilly and David and Fiona Payne. The group also included Fiona Payne's mother, Diane Webster.
She was accompanied by her two children, E**a O'Brien aged three and E**e O'Brien aged one.
The other couples also brought their children, G***e Oldfield aged one (the daughter of Rachel Mampilly and Matthew Oldfield), L*** Payne aged two and S******* Payne, aged 11 months (daughters of David and Fiona Payne) and the twins Amelie and Sean McCann aged two and Madeleine McCann who would be four in two weeks time (children of Kate and Gerry McCann).
They were on holiday, which they (the couples) had arranged from England where they are friends. They travelled through the MW agency.
All the couples stayed in individual apartments (I) in the same resort, with their respective children.
Since Saturday the routine was that they would almost all get up at about 07.30-08.00 and then would have breakfast in a restaurant near to their accommodation, called the Millenium (6), taking their children at about 09.00 AM to three different areas of the Kids Club (2) (4) (5) according to the children's' ages.
Only the McCann couple would have breakfast in their apartment, due to the fact that they had three children and because it was complicated to walk with the three at the same time. After this they would also take their children to the Kids Club.
As regards the Kids Club, she clarifies:
E**a O'Brien and Madeleine McCann were in a room in a building near to the reception (4) and English lady called Cat Baker was responsible for them. Apart from her, there were three or four more persons looking after the children, she only remembers one name (Emma Wilding). They would do various activities, such as going to the indoor pool at the resort, they would go to the tennis court, situated outside near to the Tapas restaurant (3), they would got to the beach (outside), they would paint and play (inside the resort).
Scarlet Payne was also near to the reception but in another room (5) different to the one E**a and Madeleine were in. She does not know who was responsible or who the employees who worked in this room were.
As regards G***e Oldfield and E**e O'Brien, Amelie and Sean McCann, they were all in one room (2) near to the Tapas restaurant. The person responsible for GO and E**e O'B was an English citizen called Leanne Wagstaff. As regards L*** Payne, Amelie and Sean, without knowing for certain, she says that the person responsible was Stacy Portz. The activities were identical to those of the other rooms, both inside and outside of the resort. At about 12.30 they would all go and fetch their children from the respective Kids Club rooms, as these would close, and go have lunch.
They would sometimes have lunch together in one of the couples' apartments. At about 14.30 the Kids Club rooms would open again and the only children who returned to the rooms were Madeleine, E**a, Amelie and Sean.
The other children would stay with their respective parents.
At about 16.45 all the children would meet for tea in an annex to the Tapas restaurant (3). It was the employee Cat Baker who would take E**a and Madeleine.
During the time they were having tea, the children's' parents would come and collect them.
Until 3rd May she has no knowledge of anything strange or suspicious having happened to the group of friends or to the children.
Yesterday the witness did not go to breakfast because she had tennis booked for 09.00. It was her partner who took her daughters for breakfast, having previously taken E**a O'Brien to the Kids Club. E**e O'B who was not feeling well, did not go to her Kids Club room and went with her father to look for the witness. They arrived at about 09.30 having waited for almost 30 minutes for the tennis lesson (8) to have finished.
The witness played tennis (8) with Kate and with Diane Webster. She does not know where Kate's children had breakfast, but knows that the three of them went to their respective rooms in the Kids Club. She supposes that it was Gerry who took them there.
During the tennis lesson (8) Kate behaved normally.
After the tennis lesson the witness went with her partner and daughter E**e to the beach (7) where they stayed until about 12.20. After this, they went to pick up E**a from the Kids Club.
She does not know what Kate did after leaving the tennis courts (8) between 10.10 and 11.10.
She does not remember whether Madeleine was still in the room when she went to pick up her daughter, E**a. They both went to their apartment (1) taking their daughters with them. Mathew and Rachel and their daughter also appeared and had lunch with them.
They had lunch between 12.45 and 13.45, afterwards at about 14.00 the witness played tennis again (8) with Rachel.
Her daughters and Rachel's daughter stayed in the apartment (1) with their respective parents.
She remembers that when she was playing tennis, she saw Kate and Gerry arrive at the children's playground, next to the tennis courts, with their three children. Kate waved to her. They stayed at the playground until 14.40 when they went to take the children to the Kids Club.
After finishing playing tennis at about 14.45, the witness went to her apartment (1) where she stayed with her daughter E**e, her partner had gone sailing with Matthew.
At about 15.45 she went to the beach with Rachel, Diane, Fiona, L*** and Scarlet Payne, taking her daughter E**e along.
Meanwhile Russell arrived from the boat trip and went straight to pick up E**a from the Kids Club. They joined the witness at the beach (7) where they stayed until 18.10-18.15.
"When she went to the beach she saw GM and KH having a personal tennis lesson. No children were with them.
Around 17h15 she saw KH pass the beach (7) "jogging", she having waved."
Russell, Matthew and David left the beach a little earlier to go to the tennis court (8), it was men's tennis evening. When the witness, together with her friends and children returned from the beach at about 18.20, they passed by the tennis courts and saw all the men, including Gerry on court. They stayed there talking to them until about 20.30 (sic). Gerald behaved normally.
She thinks Kate was in the apartment (1) putting the children to bed.
At about 19.00 they all went back to their own apartments with the children. The witness bathed her children, read them a story and put them to bed. E**e who was unwell and having trouble sleeping, stayed with her father, who had arrived in the meantime. The witness went for dinner at the Tapas restaurant at about 20.30.
When she arrived at the restaurant several members of the group were already there, without their children. They were all presumably sleeping.
At about 21.00 her husband arrived at the restaurant, having got E**e to sleep. For this reason and because Fiona, David and Diane only arrived at about 21.00, the dinner, reserved for 20.30, only began after 21.00.
Normally, every 15 minutes a member from each apartment would go and check the bedrooms of the respective children to see if everything was all right.
During dinner everything went well. Everyone was in a good mood.
She remembers that at about 21.10 Gerald left the restaurant (3) to go to the apartment to check on the children. Five minutes later, the witness left, to go to her apartment to see whether her daughters were OK. At this moment she saw Gerry talking to an Englishman called Jez whom they had got to know during the holidays. They played tennis with him.
She passed by them knowing that Gerry had already been in the apartment (1) to check his children.
Meanwhile a man appeared carrying a child with a hurried walk, it being this detail together with the fact that the child dressed in pyjamas, without being wrapped up in a blanket, that caught her attention. She only managed to see him from the side, with the child in his arms. She noticed the individual's presence exactly when she had just passed by Gerry and Jez who were talking, having seen this person step off the pavement that borders on the apartment block where they were staying and rapidly cross the road.
The entrance to the apartment building (1) is exactly at the place (street) where the individual appeared from.
After checking on her daughters, she returned to the restaurant. On her way back Gerry was no longer talking in the place where she had seen him.
When she arrived at the restaurant Gerry was already there, accompanied by his wife, Kate.
About 15-20 minutes later, her husband Russell and Matthew left to check on the children. As her daughter E**e was restless and crying, Russell stayed in the apartment.
Meanwhile Matthew went to check his child and those of Kate and Gerry. According to what he said, he saw the twins but he did not see Madeleine. As there was no noise he supposed that all was well and returned to the restaurant. Matthew informed the witness that Russell had stayed in the apartment.
After having quickly eaten her main course, the witness went to her apartment in order to take over from Russell, so that he could have his dinner.
When she was in the apartment, at about 22.00- 22.15 she heard Kate and Fiona shouting and saying that Madeleine had disappeared.
When asked, she says that she thinks it was Kate who discovered the girl to be missing, the witness is not sure due not being in the restaurant at that time.
During all the evenings they carried out these procedures, they would get up from the table and check that everything was well with the children.
Madeleine was a lovely, very friendly, very active, playful girl. She likes to jump around. She was intelligent and (the witness) does not believe that if a stranger had approached she would not have shouted.
She says that of all the holiday group, the couple she knows least well are Kate and Gerry. She does not remember Kate had ever mentioned that Madeleine slept badly or had caused any kind of problems.
Description of the tourist resort:
The OC resort is composed of a vast area, in accordance with the map that is annexed to this statement. This map is marked with the numbers of the sites that are of greatest importance to this investigation, such as:
1. Apartments where the couples were staying. This block is composed of 3 or 4 buildings, each containing about 6 apartments, for a total of between 20 and 30 apartments.
2. Kids Club room, attended by G***e, E**e, L***, Amelie and Sea.
3. Tapas restaurant.
4. Kids Club room attended by E**a and Madeleine.
5. Kids Club room attended by Scarlet.
6. Millenium restaurant.
7. P da L Beach.
8. Tennis courts.
9. Area of the sketch made by the witness.
Personal description:
( * ) Dark skinned individual, male sex, aged between 35-40, slim physical appearance, about 1.70m tall. Very dark, thick hair, longer at the back (she could only see him from behind). He was wearing linen type cloth trousers, beige to golden in colour, a "duffy" sic type jacket (but not that thick). His shoes were dark in colour, classic type. He had a hurried walk. He was carrying a child, who was lying on both his arms, in front of his chest. By the way he was dressed, he gave her the impression that he was not a tourist, because he was very "warmly dressed".
(**) About the child whom appeared to be sleeping, she only saw her legs. The child appeared to be older than a baby. She was barefoot and was wearing what appeared to be cotton pyjamas of a light colour (possibly white or light pink). She is not certain, but has the impression a design on the pyjamas, possibly a floral pattern, but she is not certain.
As regards these details, she does not know what Madeleine was wearing at the moment of her disappearance, because she did not talk to anyone about this. As she concerns the man she saw, she only spoke to Gerald about this, not entering into details, and to the police.
When requested, she drew a sketch, which is joined to this statement (9).
When asked, she says she would probably be able to identify the individual she saw, being able to identify him from the side and from his manner of walking.
No more is said.
Reads, ratifies, signs.
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