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."
9.11.12
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 Polícia 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 Polícia 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 Polícia 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 Polícia 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.
30.10.12
PJ Investigation Fact-Finding Report 10-09-07
02-09 Outros Apensos 02 File 09 pages 01-11
SUBJECT: NUIPC 201/07.0GALGS: Disappearance of Madeleine McCann
1.0. This report is based on a time line (resulting from the depositions made to the Policia Judiciara and the 'Control Risk' by five elements of the G9, the manager of the clients support Service of Mark Warner's and by other witnesses, having a text been performed by the British analyst) and several Communications chronograms, both elaborated and sent by the Analysis Sector of the British Police that, within the police cooperation act, was in Portugal.
1.1. All the elements were analyzed and checked by this BCAI, where only one or another discrepancy was detected (between the 1st and 2nd statements of some elements of the G9)
1.0. This report is based on a time line (resulting from the depositions made to the Policia Judiciara and the 'Control Risk' by five elements of the G9, the manager of the clients support Service of Mark Warner's and by other witnesses, having a text been performed by the British analyst) and several Communications chronograms, both elaborated and sent by the Analysis Sector of the British Police that, within the police cooperation act, was in Portugal.
1.1. All the elements were analyzed and checked by this BCAI, where only one or another discrepancy was detected (between the 1st and 2nd statements of some elements of the G9)
OBJECTIVE:
2.1.Based on the traffic of SMS and phone calls, done and received, registered on the BTS (Vodafone, TMN and Optimus) that cover the area of Praia da Luz, produced by the identified mobile phones of the G9, since 07:30h of the 02/05/07 to the 24:00h of the 04/05/07, to check the testimonies and the relations between the users and others.
2.1.Based on the traffic of SMS and phone calls, done and received, registered on the BTS (Vodafone, TMN and Optimus) that cover the area of Praia da Luz, produced by the identified mobile phones of the G9, since 07:30h of the 02/05/07 to the 24:00h of the 04/05/07, to check the testimonies and the relations between the users and others.
HISTORIC
3.1. On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz ' Lagos, four British couples and the mother of one feminine element of those.
3.1. On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz ' Lagos, four British couples and the mother of one feminine element of those.
3.2. The travelling and the staying of the group was organized in the Uk through the Mark Warner's Agency, the same that on the previous year had organized a travel to Greece.
The returning should occur on May the 5th.
Every couple had children with ages below 4.
The returning should occur on May the 5th.
Every couple had children with ages below 4.
COMPOSITION OF THE GROUP:4.1. Gerald McCann + Kate Healy = Madeleine (4 year old) and the twins Sean and Amelie (2 year old)
Russell O'Brien + Jane Tanner = Ella (3 year old) and Evie (1 year old)
Mathew Oldfield + Rachael Mampilly = Grace (x)
David Payne + Fiona Payne + (Dianne Webster) = Scarlett (1 year old) and Lilly (3 year old)
Russell O'Brien + Jane Tanner = Ella (3 year old) and Evie (1 year old)
Mathew Oldfield + Rachael Mampilly = Grace (x)
David Payne + Fiona Payne + (Dianne Webster) = Scarlett (1 year old) and Lilly (3 year old)
INFORMATION
5.1. The Place:
The apartment of the McCann at the Ocean Club is situated on the ground floor, on the East side of the building and can be accessed:
5.2. Through the front door, the same where it is situated the window of Madeleine and the twin's bedroom (photos on page 12)
5.3. Through the two glass doors, in the living room and another in the bedroom of the couple, on the opposite side of the apartment, doors that lead to a veranda, that can be accessed by a step of stairs through a small gate, coming from the lateral street. NOTE: this last access was the one most used for being closer to the restaurant.
5.4. The living room door used to remain closed but not locked, in order to be opened from the exterior.
Routines:
6.1. In a general manner the days passed at the Ocean Club by this group of friends and their sons obeyed to the following routine:
6.2. The children had their breakfast with the parents;
6.3. Once the meal was finished, they were taken to the local mini-clubs where they developed the recreational activities according to their ages;
6.4. At lunch time they returned to the parents company, at the end of which they returned to the same clubs;
6.1. In a general manner the days passed at the Ocean Club by this group of friends and their sons obeyed to the following routine:
6.2. The children had their breakfast with the parents;
6.3. Once the meal was finished, they were taken to the local mini-clubs where they developed the recreational activities according to their ages;
6.4. At lunch time they returned to the parents company, at the end of which they returned to the same clubs;
6.5. During the morning and on the afternoons after leaving the children at the Kid Clubs, the parents involved into several recreational activities, namely tennis, jogging, reading, etc.;
6.6. At around 18:00h the parents went to fetch the children;
6.7. Between 19:30/20:00h, after the bath and dinner, they put them to bed/sleep;
6.8. Except on the first day, this group of friends dined at the tapas, close to the pool of the Ocean Club, where they reserved a table for nine persons;
6.9. The dinner started at around 20:30h/21:00h and prolonged until 24:00h;
6.10. By the inexistence or lack of knowledge of the parents about a supervising service for children over the period of the dinner, they took turns on supervising going to the apartments every half an hour, approximately;
6.11. This supervising was developed either by the parents or by the other, in this last case, just passing by the windows of the rooms and listening if there were cries;
6.6. At around 18:00h the parents went to fetch the children;
6.7. Between 19:30/20:00h, after the bath and dinner, they put them to bed/sleep;
6.8. Except on the first day, this group of friends dined at the tapas, close to the pool of the Ocean Club, where they reserved a table for nine persons;
6.9. The dinner started at around 20:30h/21:00h and prolonged until 24:00h;
6.10. By the inexistence or lack of knowledge of the parents about a supervising service for children over the period of the dinner, they took turns on supervising going to the apartments every half an hour, approximately;
6.11. This supervising was developed either by the parents or by the other, in this last case, just passing by the windows of the rooms and listening if there were cries;
THE DEPOSITIONS/DECLARATIONS
7.1. On the night of May 3, at 20:30h, the McCann were the first to arrive at the 'Tapas' restaurant. The other elements of the group kept arriving until 21:00h.
7.2. At 21:00h Mathew went to see his daughter. He listened close to rooms of the rest of the children and everything was calm.
7.3. At 21:05H/21:10H Gerald went to check his children. He entered through the sliding door and found it strange that the children's bedroom door was slightly more opened than when they went out. But he assumed that Madeleine had gotten up and gone back to bed.
7.4. He saw that Madeleine and the twins were in their beds, quiet.
7.5. He went to the bathroom and got out through the sliding doors. On the street, close to the gate, he met Jez, known from the tennis, with whom he spoke for 3 to 5 minutes.
7.6. At that moment (21:15h) coming from the restaurant to check her children, Jane passed by them.
7.7. She says that at that moment she saw, up the street, on the perpendicular, at about 10 meters, a man crossing carrying a child (see map and photo pages 50/51).
7.8. The child was in pyjamas and without shoes, but she only found strange the fact that she wasn't covered.
7.9. Only later, after learning about the colours of the pyjamas, Jane concluded that the child she says she saw held by the man could be Madeleine.
7.10. She didn't notice if the shutters of Madeleine's bedroom window were up or down.
7.11. Neither Gerald nor Jez noticed Jane's passage, nor did they see the man carrying the child.
7.12. At 21:30h Mathew got out of the 'Tapas' to go check his children. He told Kate that he would control her children also.
7.13. He entered 5A by the living room sliding door.
7.14. He found that in Madeleine's room, where the twins were also staying, there was more light than normal, it seemed that the shutters were lifted.
7.15. He didn't take notice and just looked into the room through the semi opened door.
7.16. He says that he saw the twins in their cots and that everything was calm.
7.17. Because Madeleine's bed was standing to the closest wall he was unable to see her.
7.18. At 22:00 Kate went to the apartment.
7.19. She went through the sliding doors and immediately noticed that the door to the children's bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.
7.20. The twins were sleeping in their cots but Madeleine had disappeared.
7.10. She didn't notice if the shutters of Madeleine's bedroom window were up or down.
7.11. Neither Gerald nor Jez noticed Jane's passage, nor did they see the man carrying the child.
7.12. At 21:30h Mathew got out of the 'Tapas' to go check his children. He told Kate that he would control her children also.
7.13. He entered 5A by the living room sliding door.
7.14. He found that in Madeleine's room, where the twins were also staying, there was more light than normal, it seemed that the shutters were lifted.
7.15. He didn't take notice and just looked into the room through the semi opened door.
7.16. He says that he saw the twins in their cots and that everything was calm.
7.17. Because Madeleine's bed was standing to the closest wall he was unable to see her.
7.18. At 22:00 Kate went to the apartment.
7.19. She went through the sliding doors and immediately noticed that the door to the children's bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.
7.20. The twins were sleeping in their cots but Madeleine had disappeared.
PJ Preliminary Analysis Report 28-05-07
02-08 Outros Apensos II May 2007 File 08 Pages 01-08
Report May 2007 Central Brigade Information Analysis
Outros Apensos II - Analysis Report – 28th May 2007 File 08
Analysis Report
1) Introduction
On 28 April 2007, coming from the UK there arrived at the Ocean Club in Praia da Luz - Lagos four English couples and the mother of one female member of them. All the couples were accompanied by children, with a maximum age of 4 years.
The Group comprised:
i - Gerald McCann + Kate Healy = Madeleine (4) and Sean and Amelie (twins) (2).
ii - Russel O'Brien + Jane Tanner = E**a (3) and E**e (1)
iii - Matthew Oldfield + Rachael Manpilly = G***e (1)
iv - David Payne + Fiona Payne + (Diane Webster) = Scarlett (1) and Lilly (3)
a) The journey and stay was booked and organised in the UK through Mark Warner, a company with which they already had prior contact, namely a trip to Greece in the previous year.
b) The return from Algarve to UK should have occurred on 5 May 2007.
c) Generally, days spent in the Ocean Club followed a certain routine.
d) The children took breakfast with the parents after which they went to mini clubs, in the area, where they participated in recreation activities suited with to their respective ages. They ate with their parents at lunch time and returned to kid club for the afternoon. About 18h00 the parents went to collect the children to return to the apartments. They gave them a bath and dinner and put them to bed around 19h30/20h00.
e) During the periods that the children were in the mini clubs, the parents indulged in various amusement activities, namely tennis, jogging, reading, etc.
f) Except for the first day, the Group of adults dined in the Tapas restaurant (situated next to the Ocean Club swimming pool) where a table was reserved for nine persons. These dinners started around 20h30/21h00, going on until about 24h00.
g) Given that there was no (or two parents had not been informed) system of monitoring children during the dinner time, the parents resolved to make their own checks of their children by going to the apartments approximately each half hour.
h) This check on the children was performed by their own parents, or, some times, by parents of other children who, when going to observe their children would also check on the others. However, in some cases, this was limited to passing next to the bedroom windows and listening for crying.
i) The McCann apartment is situated on the ground floor, at the eastern end of the building. It is accessible in two ways: - through the main door giving access on the same side as bedroom window of Madeleine and the twins (see photos on page 12); - on the opposite side through two (sliding) glass doors, one into the lounge and the other into the couple's bedroom. These give access to the veranda from which a stairway, through a small gate, gives access to the side street.
j) Because this latter access is most convenient, it being closest to the restaurant entrance, the lounge door stayed closed but not locked in a way that it could be opened from the outside, permitting there to be a gap in which to introduce a hand (i.e. the reporter says that the door would be ajar).
Development of the Investigation
Outros Apensos II - Analysis Report – 28th May 2007 File 08
Analysis Report
1) Introduction
On 28 April 2007, coming from the UK there arrived at the Ocean Club in Praia da Luz - Lagos four English couples and the mother of one female member of them. All the couples were accompanied by children, with a maximum age of 4 years.
The Group comprised:
i - Gerald McCann + Kate Healy = Madeleine (4) and Sean and Amelie (twins) (2).
ii - Russel O'Brien + Jane Tanner = E**a (3) and E**e (1)
iii - Matthew Oldfield + Rachael Manpilly = G***e (1)
iv - David Payne + Fiona Payne + (Diane Webster) = Scarlett (1) and Lilly (3)
a) The journey and stay was booked and organised in the UK through Mark Warner, a company with which they already had prior contact, namely a trip to Greece in the previous year.
b) The return from Algarve to UK should have occurred on 5 May 2007.
c) Generally, days spent in the Ocean Club followed a certain routine.
d) The children took breakfast with the parents after which they went to mini clubs, in the area, where they participated in recreation activities suited with to their respective ages. They ate with their parents at lunch time and returned to kid club for the afternoon. About 18h00 the parents went to collect the children to return to the apartments. They gave them a bath and dinner and put them to bed around 19h30/20h00.
e) During the periods that the children were in the mini clubs, the parents indulged in various amusement activities, namely tennis, jogging, reading, etc.
f) Except for the first day, the Group of adults dined in the Tapas restaurant (situated next to the Ocean Club swimming pool) where a table was reserved for nine persons. These dinners started around 20h30/21h00, going on until about 24h00.
g) Given that there was no (or two parents had not been informed) system of monitoring children during the dinner time, the parents resolved to make their own checks of their children by going to the apartments approximately each half hour.
h) This check on the children was performed by their own parents, or, some times, by parents of other children who, when going to observe their children would also check on the others. However, in some cases, this was limited to passing next to the bedroom windows and listening for crying.
i) The McCann apartment is situated on the ground floor, at the eastern end of the building. It is accessible in two ways: - through the main door giving access on the same side as bedroom window of Madeleine and the twins (see photos on page 12); - on the opposite side through two (sliding) glass doors, one into the lounge and the other into the couple's bedroom. These give access to the veranda from which a stairway, through a small gate, gives access to the side street.
j) Because this latter access is most convenient, it being closest to the restaurant entrance, the lounge door stayed closed but not locked in a way that it could be opened from the outside, permitting there to be a gap in which to introduce a hand (i.e. the reporter says that the door would be ajar).
2) The Event
a) On the night of 3 May, at 20h30, the McCanns were the first to arrive at the 'Tapas'. The others were arriving up to about 21h00.
b) At 21h00 Matthew went to see his daughter. He said that he listened next to the bedrooms of the other children and all was quiet.
c) At 21h05/21h10 Gerald went to see his children. He entered by the sliding door. It was strange that the door from the lounge into the bedroom was a little more open than they had left it when they went out. But, he thought that Madeleine had got up and returned to bed. He saw that Madeleine and the twins were in their respective beds and quiet [peaceful/undisturbed]. He went to the WC and left by the sliding door. In the street, near to the gate, he met Jez, whom he knew from tennis, with whom he spoke for 3 to 5 minutes.
d) At this time (21h15), coming from the restaurant and going to see her children, Jane Tanner passed by them. She says that at that moment she saw walking on the road perpendicular [to the road on which she was walking], about 10 metres away, a man carrying a child in his arms (see diagram and photo on pages 50/51). The child was barefoot and [dressed] in pyjamas, but she thought only that it was strange [for the child] not to be covered. She did not notice if the external blinds of Madeleine's bedroom were down or raised.
e) Neither Gerald nor Jez noted the passage of Jane nor did they see the man with the child in his arms.
f) At 21h30 Matthew left the 'Tapas' to go to see his children. He said to Kate that he would check her children. He entered the 5A lounge by the sliding door. He thought that the bedroom of Madeleine and the twins was brighter than usual, it appearing to him that the external blinds could have been lifted.. However, he paid no attention to it and limited himself to looking into the bedroom through the door that was open enough [for him to see]. He says that he saw the twins were in the cots and that all was quiet. As Madeleine's bed was against the nearside wall he did not see if she was in her bed.
g) At 22h00 Kate went to her apartment. She entered by the sliding door and, at once, noticed that the bedroom door was fully open, the window was open, the external blinds raised and the curtains pulled to the sides. The twins were sleeping in the cots but Madeleine had disappeared.
h) Only later, after knowing the colour of the pyjamas, did Jane come to the conclusion that the child she says she had seen in the arms of the man could have been Madeleine.
2.1 Time Line of the Group (Annexe 2)
A time line was prepared, based on the statements of the Group members, trying to determine the time at which Madeleine disappeared.
2.1.1) Conclusion
a) From what was stated, and if the child carried in the arms of the man referred to by Jane Tanner was Madeleine, then the abductor (given the very limited time between Gerald leaving and the moment Jane says she saw him) was already inside the apartment when Gerald went there at 21h05/21h10, having exited immediately afterwards.
b) If it was not Madeleine, and Jane, later, unintentionally, had created that conviction, the disappearance could have occurred after [later]. Either between Gerald's exit and Matthew's entrance (21h30), or between his exit and Kate's arrival (22h00).c) From any manner [Anyway], everything leads one to believe that the author [of the time line] exercised control over the Group of 9.
3. Development of the Investigation
a) Not leaving out of the assessment two possibilities, however remote: - one, Madeleine walking out by herself, and to have gotten lost, and to be in an unknown place - the other, an attempted robbery (the individual, being interrupted by Gerald's entrance, and allowing that Madeleine had seen him, or something had gone awry, having determined to take her with him.
b) Now, according to all the work performed and all the clues collected, everything points to Madeleine having been abducted.
c) There having been no ransom demand, we believe the following motivations remain:
i - of a sexual nature - 'predator' and/or a paedophile network;
ii - human trafficking;
iii - childless person/couple or substitution for a missing child;
iv - revenge against Madeleine's parents, for professional or impassioned reasons, etc.
d) During the investigation certain clues were determined that, collectively, pointed to a suspect - Robert Murat. Because they were closed associated with him, the investigation focused, also, its attention on his friend/girlfriend - Michaela Walczuch and on a Russian individual, a computer expert - Sergey Malinka, with whom they were associated.
i - of a sexual nature - 'predator' and/or a paedophile network;
ii - human trafficking;
iii - childless person/couple or substitution for a missing child;
iv - revenge against Madeleine's parents, for professional or impassioned reasons, etc.
d) During the investigation certain clues were determined that, collectively, pointed to a suspect - Robert Murat. Because they were closed associated with him, the investigation focused, also, its attention on his friend/girlfriend - Michaela Walczuch and on a Russian individual, a computer expert - Sergey Malinka, with whom they were associated.
3.1 Time Line - the suspects (Annexe 3)
a) A time line was prepared, based on the statements of the arguido and close witnesses referred to above, for the geographic locations and timings.
3.1.1 Time line - Beginning of Robert Murat's participation as translator (Annexe 4)
a) Based on contradictory statements, a time line was prepared from the moment Robert Murat began his activity as 'translator'.
b) It is noted that only three members of the Group of 9, and only after him having been considered suspect, came forward to affirm that he was seen in the area of the apartment on the night of 3 - 4 May, a short time after the disappearance of Madeleine. The rest of the witnesses questioned about his participation [being in the area], namely members of the GNR, affirmed not having seen him, or that they saw him only on May 4.
c) But, generally, they classified his demeanour as being, not like someone who was interested solely in translations, but as having an attitude that exceeded that role, wanting to acquaint himself with the things discovered and 'to drive' [steer; direct] some investigation activities.
4. OBJECTIVE
Supported by the lists of phone calls, to compare the declarations made and to try the clarify the kind of relationship between the participants and/or others.
4.1 Chronogram (timing diagram) of communications (Annexes 5, 6 and 7)
Flow charts of phone calls (Annexes 8, 9 , 10 and 11)
a) The following list of mobile and fixed telephones were determined:
b) Robert Murat: mobile 919****41; fixed 282****16
c) Michaela Walczuch mobile 919****59 and 960****59; fixed 282****89
d) Sergey Malinka mobile 914****57; fixed 282****07
e) Lists of calls made and received were requested from the operators [phone service companies], along with SMS [records] showing the destination and originating phones, and the records from the cell masts activated.
f) Supported by these lists, along with our authority to read the mobile phone call lists, and the authority to read calendars, the respective communication timing diagrams were prepared.
g) In the timing diagrams (Annexes 5, 6 and 7) calls on days 2, 3 and 4 May were reviewed and analysed.
4. OBJECTIVE
Supported by the lists of phone calls, to compare the declarations made and to try the clarify the kind of relationship between the participants and/or others.
4.1 Chronogram (timing diagram) of communications (Annexes 5, 6 and 7)
Flow charts of phone calls (Annexes 8, 9 , 10 and 11)
a) The following list of mobile and fixed telephones were determined:
b) Robert Murat: mobile 919****41; fixed 282****16
c) Michaela Walczuch mobile 919****59 and 960****59; fixed 282****89
d) Sergey Malinka mobile 914****57; fixed 282****07
e) Lists of calls made and received were requested from the operators [phone service companies], along with SMS [records] showing the destination and originating phones, and the records from the cell masts activated.
f) Supported by these lists, along with our authority to read the mobile phone call lists, and the authority to read calendars, the respective communication timing diagrams were prepared.
g) In the timing diagrams (Annexes 5, 6 and 7) calls on days 2, 3 and 4 May were reviewed and analysed.
h) All phones were identified where possible, whether Portuguese, English or other nationality. Telephone lists from PT, TMN, VODAPHONE and OPTIMUS [the four service operators] were used. Collaboration from officers of the UK police was relied on to identify telephones of that country. Similarly, they correlated all the phone numbers in the inquiry and the calendars under review.
i) It was sought to compare and to correlate, whether through the flow charts of calls, or through the cell masts activated by the mobile phones, by place/time, the declarations made by each one of those seen.
j) No discrepancies were found between the time line (statements of RM, MW and SM) and the timing diagram, either in terms of the time that calls were made or received, or in terms of masts activated. But there were omissions, due to forgetfulness or intent.
k) In this way, one realises, only for him, it is not proven, for determined periods of time, where Robert Murat was located, specifically in the period in which Madeleine disappeared.
4.2. Observation
a) There should be new inquiries made of Robert and Michaela in order to clarify the calls between them on 3 May from 20h15 to 20h25 (fixed), from 23h20 to 23h29 (mobile), from 23h55 to 23h37 (mobile), 23h40 to 23h47 (mobile) and from 23h53 to 24h01 (fixed).
j) No discrepancies were found between the time line (statements of RM, MW and SM) and the timing diagram, either in terms of the time that calls were made or received, or in terms of masts activated. But there were omissions, due to forgetfulness or intent.
k) In this way, one realises, only for him, it is not proven, for determined periods of time, where Robert Murat was located, specifically in the period in which Madeleine disappeared.
4.2. Observation
a) There should be new inquiries made of Robert and Michaela in order to clarify the calls between them on 3 May from 20h15 to 20h25 (fixed), from 23h20 to 23h29 (mobile), from 23h55 to 23h37 (mobile), 23h40 to 23h47 (mobile) and from 23h53 to 24h01 (fixed).
b) And the call of 30 seconds from Robert to Sergey at 23h39 ' the only such call on those days.
c) In the flow charts (Annexes 8, 9, and 10) there were considered and analysed connections on days 1, 2, 3 and 4 May 2007, relating to each telephone.
d) In the flow chart (Annexe 11 - combination of call in Annexes 8, 9 and 10) there were considered and analysed connections on the days 1, 2, 3 and 4 May 2007, together with the target numbers.
i - In the period under review, calls by phone and SMS between RM and MW are demonstrated, ether by mobile or fixed service phones.
ii - No calls are recorded between MW and SM. Between RM and SM only one call is recorded.
iii - No common numbers are shared between SM and RM, nor between SM and MW.
iv - Only one common number was found between RM and MW 707960000 UZO (Call Centre)
5. Conclusion
The flow of calls analysed, from fixed and mobile phones, and the respective comparison with witness statements, found no evidence of significant discrepancy.
a) A close, ongoing relationship between RM and MW was noted.
b) There exists a relationship between RM and SM, but in the period looked at there was only a single call.
c) There were no telephone contacts common to the three people.
d) For the reasons presented, it is not possible, in this way, to better clarify the, possible, participation of any of them in the events under investigation.
Lisboa
c) In the flow charts (Annexes 8, 9, and 10) there were considered and analysed connections on days 1, 2, 3 and 4 May 2007, relating to each telephone.
d) In the flow chart (Annexe 11 - combination of call in Annexes 8, 9 and 10) there were considered and analysed connections on the days 1, 2, 3 and 4 May 2007, together with the target numbers.
i - In the period under review, calls by phone and SMS between RM and MW are demonstrated, ether by mobile or fixed service phones.
ii - No calls are recorded between MW and SM. Between RM and SM only one call is recorded.
iii - No common numbers are shared between SM and RM, nor between SM and MW.
iv - Only one common number was found between RM and MW 707960000 UZO (Call Centre)
5. Conclusion
The flow of calls analysed, from fixed and mobile phones, and the respective comparison with witness statements, found no evidence of significant discrepancy.
a) A close, ongoing relationship between RM and MW was noted.
b) There exists a relationship between RM and SM, but in the period looked at there was only a single call.
c) There were no telephone contacts common to the three people.
d) For the reasons presented, it is not possible, in this way, to better clarify the, possible, participation of any of them in the events under investigation.
Lisboa
28th May 2007
PJ Interim Analysis Report 30-09-07
PJ-AO2-01-14 Analysis Report 30-09-07 (incorporating Analyst letter dated 28-05-07)
02-09-OUTROS APENSOS II File 09 pages 01-14
02-09-OUTROS APENSOS II File 09 pages 01-14
Brigade Report re Intelligence Analysis September 2007
From the analysis of the timeline it is possible to conclude:
1.0.
On 3rd May at about 18.00 (when she left the Kids club) until 22.00 when her mother gave the alert, nobody apart from her parents, Kate and Gerry, saw Madeleine. During the checks carried out, Matthew, at 21.00 only checked outside the apartment by the shutters and at 21.30 entered the apartment, but did not confirm whether Madeleine was there (unless David saw her between 18.30 and 19.00 at Gerry's request).2.0. Discrepancies in the statements
A - During Gerry's first questioning (Folio 34) he said that at 21.05 when he went to his apartment to 'check' the children, he entered by the main door; during his second questioning (Folio 891) he changed this by saying he had entered through the patio doors.B - During Gerry's first questioning he said that Kate, at 22.00, when she went to the apartment, entered by the locked front door . When she entered she noticed the door to the children's bedroom was opened inwards, the window was open and the shutter was raised. (if this had happened, she would not have noticed this scene after entering. She would have noticed this before entering the apartment, as she would have passed the window of the children's bedroom).C - During his second questioning, Gerry said that Kate entered through the patio doors.D - During Kate's questioning she said that she entered through the patio doors.E - During Gerald's second questioning, he says that he was playing tennis on 3rd May between 18.00 and 19.00. At about 18.30 David arrived at the tennis courts and the went back to his apartment. Presuming that it was certain that David would return to play tennis, Gerald asked him to check whether all was well with the children and Kate.F - During his questioning (Folio 66) David Payne was not asked about this request, it is not known whether he was with Kate and the children between 18.30 and 19.00.G - During his questioning, Matthew (Folios 52 and 905) stated that at 21.00 when he 'checked' from the outside of the apartment, the shutter was closed. But when he entered the apartment at 21.30, he said there was more light than usual in the children's bedroom, that the curtains were closed and that it occurred to him that the shutter might be open (note how he did not find this circumstance strange, when it should be considered absolutely abnormal). Gerald himself, when Matthew returned to the restaurant and said everything was fine, stated that he thought the shutter was closed.
2.1. If the child being carried by the man referred to by Jane was Madeleine, then the ' eventual - abductor (given the tiny space of time between Gerry's exit from the apartment and the moment when Jane claims to have seen the man) would have to have been inside the apartment when Gerry went there at 21.05/21.10, and especially because Matthew, at 21.00 carried out an external check and guaranteed that the shutter of Madeleine's bedroom window was shut.
2.2. If it was not Madeleine and Jane, with hindsight, although unintentionally, created this conviction, the disappearance could have occurred after that time, between Gerry exit and Matthew's entrance at 21.30, or between the latter entrance and Kate's arrival at 22.00.
2.3. Moreover, because Gerald as well as Jez, who were talking close to the apartment and 25 metres away from the place where the man carrying the child would have passed and both stated not having seen Jane pass before them and neither did they see the man.
2.4. The brigade team made charts and analysed phone calls made by the T9 between 21-04-2007 and 06-05-2007.
A - During Gerry's first questioning (Folio 34) he said that at 21.05 when he went to his apartment to 'check' the children, he entered by the main door; during his second questioning (Folio 891) he changed this by saying he had entered through the patio doors.B - During Gerry's first questioning he said that Kate, at 22.00, when she went to the apartment, entered by the locked front door . When she entered she noticed the door to the children's bedroom was opened inwards, the window was open and the shutter was raised. (if this had happened, she would not have noticed this scene after entering. She would have noticed this before entering the apartment, as she would have passed the window of the children's bedroom).C - During his second questioning, Gerry said that Kate entered through the patio doors.D - During Kate's questioning she said that she entered through the patio doors.E - During Gerald's second questioning, he says that he was playing tennis on 3rd May between 18.00 and 19.00. At about 18.30 David arrived at the tennis courts and the went back to his apartment. Presuming that it was certain that David would return to play tennis, Gerald asked him to check whether all was well with the children and Kate.F - During his questioning (Folio 66) David Payne was not asked about this request, it is not known whether he was with Kate and the children between 18.30 and 19.00.G - During his questioning, Matthew (Folios 52 and 905) stated that at 21.00 when he 'checked' from the outside of the apartment, the shutter was closed. But when he entered the apartment at 21.30, he said there was more light than usual in the children's bedroom, that the curtains were closed and that it occurred to him that the shutter might be open (note how he did not find this circumstance strange, when it should be considered absolutely abnormal). Gerald himself, when Matthew returned to the restaurant and said everything was fine, stated that he thought the shutter was closed.
2.1. If the child being carried by the man referred to by Jane was Madeleine, then the ' eventual - abductor (given the tiny space of time between Gerry's exit from the apartment and the moment when Jane claims to have seen the man) would have to have been inside the apartment when Gerry went there at 21.05/21.10, and especially because Matthew, at 21.00 carried out an external check and guaranteed that the shutter of Madeleine's bedroom window was shut.
2.2. If it was not Madeleine and Jane, with hindsight, although unintentionally, created this conviction, the disappearance could have occurred after that time, between Gerry exit and Matthew's entrance at 21.30, or between the latter entrance and Kate's arrival at 22.00.
2.3. Moreover, because Gerald as well as Jez, who were talking close to the apartment and 25 metres away from the place where the man carrying the child would have passed and both stated not having seen Jane pass before them and neither did they see the man.
2.4. The brigade team made charts and analysed phone calls made by the T9 between 21-04-2007 and 06-05-2007.
3.0. Conclusions (regarding phone calls)
The analysis we undertook did not, in truth, reveal major dissonance or pertinent questions, except perhaps the existence of diverse numbers contacted (sometimes insistently) by some of the members of the group and the owner of those telephone lines ' presumably because they did not correspond to national telecommunications operators ' were not identified, knowledge of this information could eventually be useful.
3.1. Restricting this information to the McCann couple, once established that no communications that could be seen as suspicious were detected from the other members of the group, the following calls are notable:
A) Gerald (TM 4477********), the numbers:
- 4478******** from which 14 text messages were received on the eve of the disappearance 02-05-2007 and another 4 messages on 04-05-2007.
- 4479******** the only number to contact the girl's father during the afternoon of the disappearance (12.24).
- 4413******** to which Gerry made a long call (of more than 11 minutes) at 23.40 on 03-05-2007 and which he contacted again at 00.05, 00.13 and 00.21, receiving a return call of 2.28 minute at 00.27, which was the last contact registered between these 2 numbers.
B) Kate (TM 4479********), the numbers:
- 4479******** the only number to contact Madeleine's mother by SMS on the afternoon of 03-05-2007 at 12.31 and 12.34, the following communications being two short calls (6 and 29 seconds respectively) made by Gerry to his wife after the disappearance at 23.14 and 23.17.
- 4479******** ' for which there is a register of 20 messages between the number and Kate's mobile and also 5 calls during the early morning on 04-05-2007 at 03.07, 03.23, 03.28, 08.34 and 08.52 with a duration of 03, 3.04, 6.56, 1.01 and 1.15, the first and last 2 of these calls (the shortest) were made by Kate.
- 4415********,
- 4417********
- 4411******** for being numbers with which relatively long conversations were held in comparison to the others.
The analysis we undertook did not, in truth, reveal major dissonance or pertinent questions, except perhaps the existence of diverse numbers contacted (sometimes insistently) by some of the members of the group and the owner of those telephone lines ' presumably because they did not correspond to national telecommunications operators ' were not identified, knowledge of this information could eventually be useful.
3.1. Restricting this information to the McCann couple, once established that no communications that could be seen as suspicious were detected from the other members of the group, the following calls are notable:
A) Gerald (TM 4477********), the numbers:
- 4478******** from which 14 text messages were received on the eve of the disappearance 02-05-2007 and another 4 messages on 04-05-2007.
- 4479******** the only number to contact the girl's father during the afternoon of the disappearance (12.24).
- 4413******** to which Gerry made a long call (of more than 11 minutes) at 23.40 on 03-05-2007 and which he contacted again at 00.05, 00.13 and 00.21, receiving a return call of 2.28 minute at 00.27, which was the last contact registered between these 2 numbers.
B) Kate (TM 4479********), the numbers:
- 4479******** the only number to contact Madeleine's mother by SMS on the afternoon of 03-05-2007 at 12.31 and 12.34, the following communications being two short calls (6 and 29 seconds respectively) made by Gerry to his wife after the disappearance at 23.14 and 23.17.
- 4479******** ' for which there is a register of 20 messages between the number and Kate's mobile and also 5 calls during the early morning on 04-05-2007 at 03.07, 03.23, 03.28, 08.34 and 08.52 with a duration of 03, 3.04, 6.56, 1.01 and 1.15, the first and last 2 of these calls (the shortest) were made by Kate.
- 4415********,
- 4417********
- 4411******** for being numbers with which relatively long conversations were held in comparison to the others.
4.0. The Analyst letter dated 14-08-07 forms part of this report (pages …-...)
Subject: Group timeline after Madeleine's disappearance
Date:14-08-2007
Dear Sirs,4.1. This report contains a summary of the 'timeline' that shows the movements of the group after the disappearance of Madeleine McCann from apartment G5A in the Mark Warner resort in Praia da Luz on 3rd May 2007. It is centred on the McCann family and the group of friends who travelled with them on holiday to Portugal.
4.2. This 'timeline' was created based upon translations of statements made be elements of the group to the Portuguese police, from statements made in English to 'Control Risks' by five elements of the group and by Emma Knights, manager of client support services for Mark Warner, from various statements and questioning of Mark Warner staff made to the Portuguese and British police and from questioning carried out at that time.
4.3. At about 22.00 when Kate Healy returned to the apartment to check on the children, the rest of the group were at the Tapas Bar/Restaurant except for Jane Tanner, who was in her apartment G5D as, Evie, one of her children was unwell.
4.4. When Kate discovered that her daughter Madeleine was not in the apartment (G5A) she ran back to the Tapas Bar to alert the rest of the group.
Dianne Webster remained at the table whilst all the others rushed to the apartment. Gerry McCann and Kate Healy were the first to return to their apartment, where Kate had left the patio doors completely open and the twins were fast asleep in their beds.
4.5. Gerald searched the apartment and stated that the window of the children's bedroom was open and the shutter raised. He checked the shutter before continuing to search outside.
4.6. All the men from the group began to search the immediate area.
4.7. David Payne ran from the McCann's apartment towards the Millennium area. Then he turned in the direction of the church. He searched the rocky areas of the beach/coast and checked the stands and boats. He then returned to the Ocean Club reception, passing the Millennium area. David then checked the area around the walls together with Matthew Oldfield.
4.8. Russell O'Brien was in the McCann's apartment for a moment only, rushing out to search the perimeter of the apartment. Then he went to look for Madeleine with Matthew Oldfield. They went in the direction of the beach. He searched the perimeter of the tennis courts and the paths leading to the beach. Russell searched the gardens and all of the surrounding area. He searched the eastern part of the beach, zigzagging back along the roads to the McCann's apartment. All the time more people were joining in the search and Russell knew the police had been contacted.
Afterwards he searched the adjacent apartments to the east of Kate and Gerry along the Rua da Ramalhete and more apartments to the east. On some occasions David Payne was with him.
4.9. When Matthew saw that Madeleine was not in the apartment, he went to the 24 hours reception to ask them to telephone the police. Matthew spent most of the night searching the neighbouring areas for Madeleine without success. Matthew searched the road between the apartment and the Creche. He searched between the apartment and the Millennium restaurant, also along the beach and finally a cemetery as well as the road leading back to the apartment. Part of this search was carried out with David Payne and Russell O'Brien and part was carried out alone. Matthew talked to an Indian insurance salesman and saw Nathan, the director of the beach concession.
4.10. Fiona Payne was the only woman from the group to help in the searches. Fiona searched the periphery of the complex ' one search, which she made alone. When she returned she spent the rest of the night with Kate.
4.11. After waiting at the restaurant table for five minutes, Dianne Webster went to the McCann's apartment where she entered the children's bedroom and saw Kate with the twins. Kate insisted on the fact that the window and shutters were open when she saw the children, Dianne went outside to see if she could raise the shutter from the outside and found it to be impossible. Dianne stayed in the McCann's apartment for about 5 minutes and then returned to the restaurant to fetch her bag, the McCann's camera and the baby monitor. She then immediately returned to the McCann's apartment. Gerry and Kate were in the apartment as well as Fiona. Fiona asked Dianne to stay with Lily and Scarlet to check that they were ok. Dianne returned to the Payne apartment and stayed there for the rest of the night.
4.12. Rachel Mampilly went to see her own daughter before going to meet Jane in her apartment. When they talked Jane told her that when she had gone to check on the children she saw Gerry and Jez talking together as well as a man carrying a child. Jane told Rachel that she had not said anything at the time because nobody knew that Madeleine had gone missing and she had not seen the child's face.
Date:14-08-2007
Dear Sirs,4.1. This report contains a summary of the 'timeline' that shows the movements of the group after the disappearance of Madeleine McCann from apartment G5A in the Mark Warner resort in Praia da Luz on 3rd May 2007. It is centred on the McCann family and the group of friends who travelled with them on holiday to Portugal.
4.2. This 'timeline' was created based upon translations of statements made be elements of the group to the Portuguese police, from statements made in English to 'Control Risks' by five elements of the group and by Emma Knights, manager of client support services for Mark Warner, from various statements and questioning of Mark Warner staff made to the Portuguese and British police and from questioning carried out at that time.
4.3. At about 22.00 when Kate Healy returned to the apartment to check on the children, the rest of the group were at the Tapas Bar/Restaurant except for Jane Tanner, who was in her apartment G5D as, Evie, one of her children was unwell.
4.4. When Kate discovered that her daughter Madeleine was not in the apartment (G5A) she ran back to the Tapas Bar to alert the rest of the group.
Dianne Webster remained at the table whilst all the others rushed to the apartment. Gerry McCann and Kate Healy were the first to return to their apartment, where Kate had left the patio doors completely open and the twins were fast asleep in their beds.
4.5. Gerald searched the apartment and stated that the window of the children's bedroom was open and the shutter raised. He checked the shutter before continuing to search outside.
4.6. All the men from the group began to search the immediate area.
4.7. David Payne ran from the McCann's apartment towards the Millennium area. Then he turned in the direction of the church. He searched the rocky areas of the beach/coast and checked the stands and boats. He then returned to the Ocean Club reception, passing the Millennium area. David then checked the area around the walls together with Matthew Oldfield.
4.8. Russell O'Brien was in the McCann's apartment for a moment only, rushing out to search the perimeter of the apartment. Then he went to look for Madeleine with Matthew Oldfield. They went in the direction of the beach. He searched the perimeter of the tennis courts and the paths leading to the beach. Russell searched the gardens and all of the surrounding area. He searched the eastern part of the beach, zigzagging back along the roads to the McCann's apartment. All the time more people were joining in the search and Russell knew the police had been contacted.
Afterwards he searched the adjacent apartments to the east of Kate and Gerry along the Rua da Ramalhete and more apartments to the east. On some occasions David Payne was with him.
4.9. When Matthew saw that Madeleine was not in the apartment, he went to the 24 hours reception to ask them to telephone the police. Matthew spent most of the night searching the neighbouring areas for Madeleine without success. Matthew searched the road between the apartment and the Creche. He searched between the apartment and the Millennium restaurant, also along the beach and finally a cemetery as well as the road leading back to the apartment. Part of this search was carried out with David Payne and Russell O'Brien and part was carried out alone. Matthew talked to an Indian insurance salesman and saw Nathan, the director of the beach concession.
4.10. Fiona Payne was the only woman from the group to help in the searches. Fiona searched the periphery of the complex ' one search, which she made alone. When she returned she spent the rest of the night with Kate.
4.11. After waiting at the restaurant table for five minutes, Dianne Webster went to the McCann's apartment where she entered the children's bedroom and saw Kate with the twins. Kate insisted on the fact that the window and shutters were open when she saw the children, Dianne went outside to see if she could raise the shutter from the outside and found it to be impossible. Dianne stayed in the McCann's apartment for about 5 minutes and then returned to the restaurant to fetch her bag, the McCann's camera and the baby monitor. She then immediately returned to the McCann's apartment. Gerry and Kate were in the apartment as well as Fiona. Fiona asked Dianne to stay with Lily and Scarlet to check that they were ok. Dianne returned to the Payne apartment and stayed there for the rest of the night.
4.12. Rachel Mampilly went to see her own daughter before going to meet Jane in her apartment. When they talked Jane told her that when she had gone to check on the children she saw Gerry and Jez talking together as well as a man carrying a child. Jane told Rachel that she had not said anything at the time because nobody knew that Madeleine had gone missing and she had not seen the child's face.
5.0. Summary
It is difficult to confirm where all the elements were in the minutes/ hours after the discovery that Madeleine was missing. It appears that most of the women remained within or near the apartments, Fiona Payne left and searched around the complex, before returning to the McCann's apartment where she stayed with Kate. Then Emma Knights (client support director) searched the beach area and asked Kate what Madeleine had been wearing. Shortly afterwards Emma returned to the McCann's apartment and stayed with Kate.
5.2. The men's movements, however, are more difficult to pinpoint.a) Gerald was seen and spoken to by Neil Berry and Raj Malu. They heard him calling for Madeleine when they were sitting on Neil's balcony, not far from the McCann's apartment. They both went down to talk to Gerald and helped in the search.
b) Both David Payne and Matthew Oldfield were seen by Emma Knights when she was on her way to the beach, the search area to which she was assigned by Lyndsey Johnson (child care director and search coordinator).
c) At about 01.00 Matthew was with John Hill (resort manager) when they knocked on Jeremy Wilkins's door to ask if he had seen anything.
d) At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.
It is difficult to confirm where all the elements were in the minutes/ hours after the discovery that Madeleine was missing. It appears that most of the women remained within or near the apartments, Fiona Payne left and searched around the complex, before returning to the McCann's apartment where she stayed with Kate. Then Emma Knights (client support director) searched the beach area and asked Kate what Madeleine had been wearing. Shortly afterwards Emma returned to the McCann's apartment and stayed with Kate.
5.2. The men's movements, however, are more difficult to pinpoint.a) Gerald was seen and spoken to by Neil Berry and Raj Malu. They heard him calling for Madeleine when they were sitting on Neil's balcony, not far from the McCann's apartment. They both went down to talk to Gerald and helped in the search.
b) Both David Payne and Matthew Oldfield were seen by Emma Knights when she was on her way to the beach, the search area to which she was assigned by Lyndsey Johnson (child care director and search coordinator).
c) At about 01.00 Matthew was with John Hill (resort manager) when they knocked on Jeremy Wilkins's door to ask if he had seen anything.
d) At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.
6.0. Conclusion
In the confusion following the disappearance of Madeleine it would be possible that one of the men or Fiona Payne 'escaped' to join in the searches again later.
In the confusion following the disappearance of Madeleine it would be possible that one of the men or Fiona Payne 'escaped' to join in the searches again later.
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