Well guys I think this report confirms those sightings do not have a lot of credence for the PJ and will put set aside as they say for further investigation, which I guarantee is ongoing!
This I predict will be what really hangs the McCanns, fraudsters get carried away with their over-zealous efforts to con and manipulate and as we now know, this is also coming directly from Kate McCann and has done since the very outset. fOR gER
1
NUIPC-201/07.0 GALGS
4th Brigade
Inspector João Carlos
Denouncer/Offended – Judiciary Police
Denunciated/Arguidos - Robert James Queriol Evelegh Murat,
identified and questioned at pgs. 1170, 1947 and
1959.
*Gerald Patrick McCann, identified and
questioned at pgs. 2569.
*Kate Marie Healy, identified and questioned at
pgs. 2557.
Witnesses/Persons inquired – see Index
Type of Crime – Unknown
Time and Place – Between 21H05 and 22H00 of the day 3 May of 2007,
at the G5A apartment, located at the touristic resort ‘Ocean Club’, Vila da
Luz, Lagos.
Apprehended Objects – see Index (all the apprehended objects were
given back to the owners by means of term)
Examinations done – see Index
2
***Final Report***
*Introduction*
These documents relate to an occurrence which describes the
disappearance of a minor of British nationality, Madeleine Beth McCann,
daughter of Gerald Patrick McCann and Kate Marie Healy, on the date with
three (almost four) years old.
According to the Time and Place, the facts occurred on the day 3 of May of
2007, in a temporal hiatus, understood to be between 21H05 and 22H00
(being certain that after 17H30, only Gerald and Kate had contact with
Madeleine) at the resort named ‘Ocean Club’, located in Vila da Luz, Lagos,
place, where the minor’s family, along with seven other persons, with
whom they had a friendship relationship, where enjoying some holidays,
with the duration of one week.
The arrival of the group from England, at national territory, via Faro’s
airport, took place on the 28 of April 2007.
They travelled in two separate groups, since they live in different locations.
The trip from the airport to the place of Luz was done in a mini bus,
provided by the resort management company ‘Mark Warner’.
3
Upon check-in, they were placed into several apartments, all located in
block G5, next to each other, which was an imposition, or at least a
suggestion, made by the entire group.
They were all lodged in the ground floor, except the PAYNE family (David,
Fiona and Diane Webster), which was lodged in the first floor.
The MCCANN family was given apartment G5A, which is located on the
left end of the residential block (seen from the front) and therefore, it can
be said, the most accessible one and with facilitated visibility from the
outside.
This is a group where seven of the elements are medics, from various
specialties, which adds to the fact that all of them have under-age children,
which accompanied them. The MCCANN family was composed of the
parents, as well as MADELEINE and the twins SEAN and AMELIE, these
being two years old, at the date of the facts.
This trip was organized by the PAYNE family, namely by the male element
of the couple, DAVID ANTHONY PAYNE, who had knowledge, as a user,
of the tourist resorts that belong to the “Mark Warner” company.
The group shared among themselves a friendship that existed before this
trip, based on professional relationships and other holiday trips.
It is pointed out that this was the first time that the elements of the group
were on holidays at this resort on national territory for the first time, and
that the group’s will to carry out the trip was planned approximately one
month before it took place.
4
On the other hand, nothing indicates that any of the participants had any
previous connection to Vila da Luz or that there resided or stayed any
person related to them.
The group’s daily routine implied their movement, for dinner, to the Tapas
Restaurant, which is located at the resort (although outside of the specific
area of the apartments and without permitting a complete visual control of
the latter), while their underage children remained alone – supposedly
asleep – in their apartments while the dinner was under way.
According to the group’s common version, the checking of the children was
done through regular visits by the adults to the apartments, with an –
approximate – spacing of half an hour, with the exception of the children of
the PAYNE couple, that possessed a technological system of self control,
via intercommunication (“baby listening”).
Constitution of the group:
DAVID ANTHONY PAYNE – apartment 5H (first floor)
FIONA ELAINE PAYNE
DIANNE WEBSTER
RUSSEL JAMES O’BRIEN – apartment 5D
JANE MICHELLE TANNER
5
MATTHEW DAVID OLDFIELD – apartment 5B
RACHAEL MARIAMMA (sic) JEAN MANPILLY
GERALD PATRICK McCANN – apartment 5A
KATE MARIE HEALY
The aforementioned persons were interviewed carefully and in great detail,
on various occasions (see index), with the intention to collect all the
relevant elements that could help the investigation to uncover the truth
regarding the facts.
The analysis of the grouping of these inquiries emphasized the existence of
important details which were not entirely understood and integrated, which
needed to be, from our viewpoint, tested and compared together
[concatenated] in the actual location.
As such, a concrete understanding of the lack of synergy of some aspects
of elevated relevance should be attempted through a processed diligence
via the reconstitution of the facts, which, due to a lack of collaboration of
several relevant witnesses, was not able to be accomplished, in spite of all
the force brought by the authorities.
Further ahead, in this report, the necessity of this diligence will be better
analysed.
6
* * *
The investigation, during more than 13 months, followed all the credible
indices related to different hypotheses and, in an impartial manner,
continued to analyse, correlate and synthesize them, looking for an
explanation for the happenings of the night of 3 May 2007.
Assuming that the minor’s disappearance was due to the acts of third
parties, the PJ explored various lines of investigation, not excluding any
hypothesis considered plausible or hypothetically acceptable.
From the documentation, you will observe that during the investigation
various possibilities were contemplated.
As such, consider:
1. abduction, for sexual exploration or other (e.g, later adoption, child
trafficking, organ trafficking), without homicide;
2. abduction, followed by homicide with (or without) hiding of the
corpse;
3. accidental death, with later hiding of the corpse;
7
The Hypothesis 1 and 2 were considered in the double notion of the illicit of
abduction (if that happened) that could have had occurred due to feelings
of revenge by the
Kidnapper(s) towards the parents (intended abduction) or by taking merely
the opportunity of the child being at a vulnerable situation (opportunity
abduction).
As a remote hypothesis, the possibility of the minor leaving the apartment
by her own means was explored – that would be highly unlikely physically
– and after, because of an accident or by a third person intervention, she
would have disappeared.
* * *
As to the present report, and for a better understanding, it will be divided
in to 5 major areas, to know:
- Generic diligences for the localization of the minor, entwined in the main
body of the Inquest, done by the Judiciary Police, the Maritime Police and
the G.N.R.;
- Thematic Appendixes, in a total of nine (sub-divided into 55 volumes)
referred to the pgs. 3528-a, whose creation allows to complement the main
body of the processes and to follow up all the information received and
treated;
- The suspicions about ROBERT MURAT, and his status of arguido;
- The Cadaver Dogs Units searches and the subsequent establishment of
the parents of the British minor, GERALD MCCANN and KATE HEALY as
arguidos;
8
- The forensic and laboratorial exams, done at the Forensic Science Service
and at the National Institute of Forensic Medicine, from now on designated
as the FSS and INML, correspondingly;
Even though there is this division in to sub groups, the present report will
be done by order of occurrence or information, without the obstacle of
joining by themes, when the chronological order it is not sufficient.
* * *
As stated before, it was done a presentation of the intervenients in the
process and a brief introduction of the facts. Following, we will do a more
detailed explanation, where, likewise, the various intervenients will match
and the actions done by them will take on a procedural relevance.
* * *
Relative to the appendixes, in a total of nine, where divided thematically as
stated:
Appendix I – Forensic Exams – where all the exams and forensics that
were carried out by scientific and technical entities, specifically those who
are destined to the detection, collection and traces analyses that could lead
to the understanding of what happened and to the discovery of the culprits
in the disappearance of the minor.
9
Appendix II – Analysis of communications – where all the inventory,
analysis and pertinent correlations, which were possible and eventually
relevant about the communications and movements that were made before,
during and after the facts, were made;
Appendix III – Inspections, canine, maritime and air searches –
where the specific diligences that were carried out in an attempt to
physically locate the minor, especially in the surrounding areas, are
described;
Appendix IV – Searches/apprehensions, direct exams,
delivery/deposit of goods – where the set of diligences that were directed
on goods or items that could eventually be connected to the disappearance
are listed;
Appendix V – Supposed sightings and localizations – where the news
that had some credibility and signalled the alleged presence of the child in
various locations worldwide, as well as the hundreds of diligences that were
carried out to confirm or dismiss them, are listed.
As it is known, the disappearance of the British minor, under the
circumstances that were described, implied the action of diverse entities,
with special relevance for the intervention of the Polícia Judiciária, which was
joined by other forces of criminal police. In parallel, this disappearance
concentrated an unmatched dynamics from the media, both national and
foreign, namely and with more emphasis in the United Kingdom, which filled,
for days in a row, their news at prime time with live transmissions from
10
Praia da Luz, and special programmes that were dedicated to the issue.
On the other hand, the parents of the minor redoubled their efforts to
make the most diverse contacts and appeals, releasing pictures of
MADELEINE, at the same time that the British Authorities opened a
specialised and permanent contact line to receive all the information in
connection with the disappearance, as well as information coming from
Interpol and similar police agencies.
This activity (dissemination of information), apart from news provided by
the media, was aimed at obtaining, in the shortest possible time,
information that would aid the investigation in 2 different ways:
finding MADELEINE alive and retrieve data about the circumstances of her
disappearance and about a potential criminal involvement by a third party,
having to that end been requested the committed cooperation of the
population.
This collaborative approach resulted in many leads being passed onto the
police, by the most diverse sources and by the most unusual means, most
of them made directly to the police.
From 04/05/2007, the day after the event, initially at an enormous rate,
thousands of sightings were reported to the police, from everywhere in
Portugal and the most diverse foreign countries, from neighbouring Spain
to the distant Indonesia and Singapore, being the missing minor
"recognised" in the most diverse locations and companies to the extent
that she is suposedly seen on the same day in places 4000 Km apart.
11
Some of the information did not merit, due to the circumstances
surrounding it, the least credibility, leaving those, at the other extreme,
which required a more solid and effective systemization and treatment.
Those which, by their geography and time-space relevance, seemed
credible were thoroughly explored and included in the documentation and
this appendix.
There remains a large, diffuse stain of supposed sightings and localizations
– some receiving notable emphasis, such as those in Belgium and Morocco
– which had few, vague, discordant, incompatible or incongruent elements,
which deserved a treatment with a view towards their infirmação or set
aside for the future, should solid elements arise, which all are herein
included;
Appendix VI 1 – Information/Lists of Suspects of Sexual Crimes –
where you will find a detailed reviews, from the perspective of the
possibility of encountering correlations with suspects with sexual motives;
Appendix VI 2 – Diligences and Exploration of Information related
to the aforementioned – in which, in conformity with that already
expressed and in order to provide a better consultation, were gathered the
information collected about residents in the surrounding areas – temporary
and permanent – as well as a listing of local crime (break-ins and others)
and crimes of a sexual nature. The information provided came to this Police
by individual knowledge, through British authorities or by other sources;
Appendix VII - Letters Rogatory – outlining the diligences performed,
at the request of the Portuguese judiciary, in foreign countries;
12
Appendix VIII – Transportation, Movement and Location of
Sightings – in this appendix are collected and analyzed the information
related to possible means of transportation/flight, by land means (road—
trains), sea and air. Also explored were information related to the delivery
of photographs from individuals in the area for holidays and obtained by
the Police, along with various hotel chains, whose examinations yielded
nothing useful;
Appendix IX – Juridic Actions
In addition, and in spite of its irrelevance, there were meanwhile added 22
“dossiers” with notifications of a speculative or clearly incredible nature,
such as psychic visions or divinations, which will not be included with the
documentation, but which you will find carefully organized, in the
eventuality that they may need to be consulted in the future.
* * *
* DEVELOPMENT *
The present documentation originated from a process elaborated by this
Police, having received notice of the disappearance of a minor of British
13
nationality of three years of age. The occurrence was communicated by the
GNR at 00h10 on 4 May 2007.
According to that police force, the disappearance would have occurred at
22H40 (later on it was verified that the detection and the subsequent alarm
of the same, in reality happened, between 22H00 and 22H10 of the day 3 of
May of 2007, in one of the apartments of the tourist resort ‘Ocean Club’,
located at Vila da Luz, Lagos, where a family composed by a couple and 3
children under aged were staying.
Topologically, the apartment is composed by two bedrooms, a kitchen, a
living room and a bathroom, with easy access to the street, from the both
the front and the back, where there is a small balcony and a sliding door.
At the time of the disappearance, the children were alone in the apartment.
However the couple, during dinner, went two times to the same, one of
those times being the one where the mother (KATE) noticed that her oldest
daughter was no longer there alerting all for that fact.
Aware of this fact, the police squad went to the place, to initiate the relevant
investigative steps, at that moment.
Immediately they proceeded with the identifications of the progenitors,
GERALD MCCANN and KATE HEALY, as well as of the disappeared minor,
MADELEINE BETH MCCANN, born on the 12 of May of 2003, in the United
Kingdom. Besides MADELEINE the couple has two more children, twins, with
two years old, at the time of the facts, who were also staying in the same
14
bedroom from where the child disappeared.
Informally, GERALD MCCANN said that he was on the resort since the 28 of
April 2007, on vacation, for a period of time corresponding to a week. The
day after their arrival, 29/05/07, they started doing their meals at the
‘Ocean Club’ restaurant, which is distanced a few meters away from the
apartment, with the company of three other couples, who had also travelled
with them.
Specifically to what is relative to the day 3, he alleged that:
- they woke up around 07H30, had breakfast in the apartment, going
out at around 09H00;
- soon after, they left their children at the nursery, until 12H30;
- around 14H30, after lunch, they put their children back at the
nursery, this time until 17H00;
- at 17H30 they did the children’s hygiene, and settle them in their
respective beds by 19H30, all in the same bedroom;
- at 20H30, the couple went out to the restaurant;
- at 21H05/21H15 the father went to check the children, noticing that
all was normal, the window and the blinds were closed, however the
door to the room seemed more opened than when he had left;
15
- at around 9.20 p.m., a friend from the group, JANE TANNER, when
heading for her apartment, noticed an individual who carried a child in
his arms, walking down the road. She described him as aged 30 to 40,
with dark hair and wearing light coloured trousers;
- at 9.30 p.m., it was the time for another friend, MATTHEW
OLDFIELD, to go to the MCCANNS’ apartment to check on the
children, but he only saw the twins, given the fact that he did not
enter the room. In order to see MADELEINE’S bed, he would have to
go inside. He detected nothing out of the ordinary;
- at around 10 p.m., when KATE went to the apartment she verified
that MADELEINE had disappeared, and that the window and shutters
of the bedroom were open.
Apart from that, and according to what was established within the
investigation in the meantime, the witness MATTHEW OLDFIELD assumes
that, at around 8.55 p.m., he went near the outside of the window of the
bedroom where MADELEINE was sleeping – a window that was closed – in
order to verify if there was any noise in the inside that might indicate that
the child was not asleep. He heard nothing, therefore concluding that
everything was well.
Due to its relevance, on that very night the Maintenance Director, SILVIA
BAPTISTA, was asked for a list of the resort’s guests and the check outs on
the 3rd, as well as the identification of the crèche workers, where the
children stayed during the day.
16
It should be emphasized that the entire apartment had been searched and
rummaged by an undetermined number of people, with the contamination
that it brings and the difficulty that it raises for the collection of residues.
On that very night, the surroundings of the apartment, and Vila da Luz
itself, were intensely searched through, both by the GNR members and by
members of the public.
Concerning that and other searches on subsequent days, the proof is given
by the report that was written by the GNR from pages 3491-a to 3525-a,
with the latter being a cartographic remission. The same procedure was
made by the Maritime Police, according to the report from pages 3867 until
3885.
On page 06 the air registration of the luggage pertaining to the MCCANN
family was appended, as well as the passport that belongs to the missing
minor.
From pages 12 to 23, we can observe the photographic coverage of the
location of the facts, which were collected on that night, as well as a layout
of the apartment.
On page 26 the report that was written by the GNR can be found, on page
30 the photograph of the minor that was given by the parents, taken from
a memory card and revealed on a printer that belongs to one of the
nannies, as will be seen further on, and the press communication, on pages
33-B.
It should be pointed out, in terms of the media knowledge and divulgation,
that witness RACHEL MAMPILLY, at around 2 a.m. on the morning of the
17
4th, assumes to have contacted the official British television BBC, through
someone that she knew, reporting the disappearance and asking for it to
be broadcast.
First thing in the morning on 4 May, and already within the framework of
heavy media coverage, an interview of the entire group took place, pages
34-83, interrogations which were repeated later.
From pages 86 to 118, there are included details relative to the identity of
the nannies (CATRIONA BAKER and STACEY PORTZ) and all the officials
of the establishment, with the two that dealt with the MCCANN children
being heard informally; nothing unusual having been reported by them,
they were formally interviewed again later.
In subsequent days, with the participation of over a hundred researchers
from the PJ, the enormous collection of diverse notifications about the
disappearance was reviewed, having been already completed innumerable
contacts resulting from the ongoing processing of information.
The collection of notifications was transmitted by a wide variety of sources,
coming to the PJ by various means, requiring the installation of a
permanent police post within the Luz village.
The result of such efforts is found in the documentation and the various
appendices, having been spent thousands of hours of work in its
completion.
It should be noted, also, the receipt of an enormous quantity of fantastical
18
notifications, devoid of any credibility, which forced the research into
constant and considerable clarification efforts, all the more important as it
was known that time was of the utmost importance in the fundamental
goal of finding the missing girl.
* * *
Resuming the factual description, it is noteworthy that from pages 119 and
forward, the witness JEREMY WILKINS, affirmed that he saw an individual
with a strange appearance and behaviour. This was eventually confirmed to
be a guest, who participated in the searches, page 124.
From pages 127 and following, relates the the sighting of a child, with a face
similar to MADELEINE's, in a gas station. When the images from the gas
station were shown to the parents, they peremptorily affirmed that they did
not represent their daughter.
On page 134, is reported a situation, once again resulting from physical
similarities with MADELEINE, later verified as not being the child. In
addition, an attempt was made to locate an individual referred for sexual
abuse of minors, later coming to verify that at the relevant time period, he
was no longer in Portugal.
19
There was a inquest to DENISE BERYL ASHTON, pgs. 136, which reported
the presence of two individuals, who she could not identify or recognize,
which, alleged that they were conducting a petitioning in behalf of a
children’s institution, which would be fraudulent. Despite that this situation
took place on the day 03 May, we could not relate it with the disappearance
of the British minor, nor the description corresponds to the sketch
widespread in the media by the press officer of the MCCANN couple, issue
that will be addressed next .
From the Pgs. 140 to 144, it was reported an alleged sighting of the minor,
which, after several diligences, was proved, again, to be another child.
A witness, DEREK FLACK, heard at page 200, reported the presence of a
suspect, who was allegedly looking at the target apartment, near a white
truck, pages 145 and following pages. It was not possible to identify this
person, despite having been made a portrait-robot, page 205. However, we
believe there are very strong possibilities of being construction workers –
who were there making small works - a gardener (pgs. 973), or
BARRINGTON NORTON (pgs 833), inquired at page 704. The latter is a
regular of Praia da Luz, engaged in the activity of musician on the streets of
the town. Nothing was found relevant to the investigation.
From the page 161 to 197, NUNO JESUS, reported a situation connected
with his daughter, with clear similarities with Madeleine, which was the
victim of an alleged attempt to kidnap (qualified by himself) by a Polish
couple, whose registration of the hire car and used in national territory, he
provided to the police. They were approached when going back to their
native country, nothing was detected that could incriminate them, pages 214
20
to 216. The car and the place where they had enjoyed their holidays was
analysed in a laboratory, but once again without incriminating results
It was near the report at page 148, where it’s described the approach doorto
door taken in 443 houses, all of them in Praia da Luz, which is
demonstrative of the gigantic work that would be carried out. Such approach
included the physical entrance, with the agreement of the inhabitants, in
many just to verify completely the eventual presence of traces of the minor
disappeared.
LANCE PURSE, inquired at page 208, did equally a sketch of an individual,
page 210, which possessed similar characteristics similar to the one related
by another witness, who also didn’t identify himself.
At pages 211 and 212, it is reported another occurrence relative to an
individual referenced for sexual abuse of minors, who, after the approach of
the same, nothing of relevance was brought to the present investigation.
“Mutatis mutandis”, [literally "changes changed", from Latin, in this instance
someone who changes constantly of mood], relative to a guest from the
female gender, who revealed a odd behaviour, but with no vector of
correlation to the disappearance of MADELEINE MCCANN.
At page 220 the hearings of the resort employees started, from there
nothing resulted as being relevant or useful for the investigation at course.
From the hearings there were no elements collected which allowed to follow
any line of investigation.
21
Inquired Mark Warner employees: -----
22
23
24
25
Also several G.N.R. Military, belonging to various areas, patrols and
binomials (sic) were heard in declarations - list of names
26
In the path of the diligences of localization, it was requested the entry
registrar of the Marina de Lagos, place who does not have a system to
collect images, usually called by CCTV, page 290.
27
Information was also collected that the road known as A22, usually known
as “Via Infante de Sagres”, does not have images available either, to
match the period of time that would be of interest.
Diligences were carried out to try to locate and discover the routines of
individuals that are related to criminal practices of a sexual nature, pages
293 to 300, 448 to 451, 452 and 453; nothing was discovered that could
be characterized as relevant.
From pages 309 to 311, and because it could be important, we mentioned
the only register of a repair that was carried out in the apartment that was
used by the MCCANN family, without major relevance.
* * *
The situation concerning the first suspect, ROBERT MURAT, will now be
approached, thus following a line of the succession of the facts, without
prejudice of returning to the description of occurrences further ahead.
A few days after the facts took place, suspicions were raised concerning an
individual that resides approximately 100/150 metres away from
apartment 5A, identified as ROBERT JAMES QUERIOL EVELEIGH
MURAT.
These suspicions arose initially due to the formulation by a British
journalist, who found the special commitment and curiosity of MURAT in
this case to be strange, which had reminded her of another [case] that had
28
taken place in the United Kingdom with similar outlines and where the
guilty persons had actively participated in searches.
The reasons for said suspicion are duly listed within the information that is
contained in the process, on pages 308, 328, 442, 461, 957, 960, 961 and
986 to 1000, being certain that they ended up being reinforced, some time
later, by elements of the holiday group that asserted, contrary to what
MURAT said, that he had participated in the searches on the evening of
the disappearance.
In an initial phase, before the investigation was deepened, this individual
gathered the conditions to be pointed out as a suspect. The conditions that
are intrinsic to his suspect status, can be analysed, as stated before, on
the routine reports that were mentioned above.
In order to confirm or dismiss the suspicions about ROBERT MURAT,
searches and telephone surveillance were requested, pages 995 to 1013,
both on the suspect and on the individuals with whom he directly or
indirectly interacted, namely with whom he met almost daily and
maintained telephone contacts.
Despite the exhaustive and methodical investigation into MURAT and the
persons close to him, no elements whatsoever were collected to relate him
to the crime that was under investigation, and it should be noted that
contrary to what witnesses within the group stated concerning his
hypothetical participation in the searches on the night of the
disappearance, other witnesses (like SILVIA BAPTISTA and elements of
the GNR) asserted that they had not seen him during those diligences.
29
Beyond the communication interceptions and forensic exams of the
computers belonging to them, which pointed to nothing useful, several
searches were also performed in the suspect’s home, as mentioned earlier,
with cino-technical assistance and exploration of the subsoil, both
physically and by technological detection means, which also did not allow
for the collection of exact evidence.
Be aware that, in relation to the utilization of very advanced technological
means, in the area of the detection of strange bodies in the subsoil or
enclosed [walled in], these were performed specifically by technicians from
Aveiro University, using equipment that allowed a detailed search of the
area.
This [research] continued in the same way in relationship to all the vehicles
of the group, with no results.
The homes and vehicles were examined in great detail by the Scientific
Police Laboratory, without finding any relevant vestiges.
The analyses of the telephone and electronic communications (reports in
appendix II) and the resultant correlation, had the same results.
In the interrogation headquarters, the suspect denied any involvement with
the process. The interviews with all the elements, with personal and
professional relationships with ROBERT MURAT, also did not deliver
anything of value as evidence.
30
In truth, in the unfolding of the searches, several objects were
apprehended, for later analysis, without having obtained any incriminating
evidence, which you can better observe in Volume V of the documentation,
where the processual pieces related to the searches are found.
* * *
Returning to the sequence of information which has some relevance related
to finding the minor, there came forth information about the presence of a
sack [bag] near a cliff in Ponta da Piedade, Lagos, pages 316 to 327, whose
contents revealed nothing of importance.
Page 463, reveals information related to an individual who spoke in
Castellean, whose involvement was not able to be discovered.
Pages 524 to 531, 740 to 749, provide information about supposed sightings
of the minor, all of them disparate amongst themselves.
On page 800, the interview with TASMIN MILBURN SILENCE is presented,
who saw on two occasions and on several other days, an individual
observing the apartment from which MADELEINE disappeared. A photo-fit
was created based on the witness' indications . . . diligences were performed
which led to the identification of MICHAEL ANTHONY GREEN, who was the
target of diverse diligences without incriminatory results, pages 632 to 726
of Volume III, Appendix VI. Beyond this individual, there were other
diligences performed at this level, also without useful results for the
investigation, as is explained throughout Appendix VI.
31
Still on Appendix VI, pages 504 and in the following, it was investigated a
situation relative to two individuals, NEIL BERRY and RAJINDER BALU
(complementary inquests requested in the letter rogatory), specifically
relative with the first one, whose information was crossed with the above
aforementioned witness, TASMIN SILENCE, namely to what concerns the
photo-fit, having this one made clear that it was not that same individual.
This occurrence was targeted due to an information given by an employee of
the resort, pages 504 and 505 of the Appendix VI, where a somewhat
peculiar situation was reported, supposedly to do with NEIL BERRY.
However, in spite of the diligences done, inclusive in the letter rogatory,
nothing was established that connected him to the disappearance of the
British child.
At the pages 801 and the following, an information was worked relative to a
sighting done by a professional taxi driver.
Also relative to the individuals who do this type of professional work and
who have their headquarters in Praia da Luz, page 818, we talked with them
but nothing of relevant for the process was determined.
At the pages 820 to 822, an information from the maritime police was
added, creating several diligences, however had no results.
From the page 825 to 830, we added a report of the G.N.R. police action.
Nothing of pertinent value was deducted.
For the analyses and dismissal of eventual relevant situations, traffic reports
32
were requested in the places considered of higher interest, page 823,
relatively to the days 2, 3 and 4th of May of 2007, and that was object of a
highly detailed analytical report (see Appendix II), though without criminal
conclusions.
At page 835, a report of a diligence done in a gipsy camp was done, nothing
useful was gathered.
At page 848 and following and from pages 856 to 857 a synopsis of the
interrogations done to the resort employees was made.
At page 859, it’s related a situation eventually suspicious which leads to
nothing of interest for the process.
At page 868, an occurrence is reported (about a couple who had an
argument, where is mentioned the disappearance of a child), after
investigation this did not lead to relevant elements.
From page 870 to 883, it was done the reconstitution of the places outside
the nursery, where the British child and her nanny went.
At page 884 and the following, it was added the lophoscopy [study of
fingerprints] report where only finger traces of KATE HEALY were found,
namely on the window’s frame who would have been opened at the time of
the disappearance, and at page 967, another report describing the same
type of exam, this time without any match, though the diffusion done at an
International and national level, page 1470. Later on we verified that that
trace wasn’t of author (sic), page 1480.
33
On pages 886 and following, a typed report can be observed, which was
elaborated by the holidaying group after a detailed joint meeting, that recalls
that steps that were made on that evening, describing the facts both in time
and space.
On page 993, there is a report listing the apartments that were subject to
searches, with special attention on blocks 4 and 5.
On pages 983 and 984, the preservation, for visualization purposes, of
images from several petrol stations was requested, but nothing out of the
ordinary was observed, page 3191.
On pages 1101 and following, several pieces of information from Interpol are
listed, alerting towards supposed sightings of the minor, in several European
countries, but absolutely nothing was found.
Diverse information concerning other suspects of crimes of sexual abuse of
minors and paedophilia, page 1246 and following, which, after due analysis,
did not contribute with anything of interest for the investigation.
On page 1398 there is an answer to the question from page 1400, informing
that there are no other images from the GALP station, apart from those that
were already delivered.
34
On page 1592, a divulgation, appealing to the person who on the 3rd of
May 2007, at around 9.30 p.m., in Praia da Luz, transported a child in his
arms, to identify himself, in order to dismiss the situation that was
narrated by witness JANE TANNER.
Further on this issue, the testimony of MARTIN SMITH was considered,
pages 1606 and following, reporting the sighting of an individual carrying a
child, in one of the streets that lead to the beach. It was said that the child
could be MADELEINE McCANN, although it was never peremptorily
stated. Some time later, the witness alleged that, by its stance, the
individual who carried the child could be GERALD McCANN, which was
concluded when he saw him descending the stairs from an airplane, pages
2871, 3991 and following and 4135 and following. It was established that
at the time that was being mentioned, GERALD McCANN was sitting at
the table, in the Tapas Restaurant.
The workers that carried out construction works in Vila da Luz were heard,
pages 1650 and 1651, who did not detect anything strange, during their
works of excavation and placement of plumbing (also see pages 3983 to
3987), although they carefully verified, on the day that followed the
disappearance and before they started the works, if there was a body
hidden next to said works.
From pages 1811 to 1827 we appended two lab tests and the
corresponding reports, which turned out to have no evidential interest for
the process.
On pages 1846 and following, a situation of fraud was reported, concerning
35
misleading and fraudulent information relating to the whereabouts of
MADELEINE McCANN. This individual, who was the author of the fraud,
was detained, and confessed to know nothing about the facts, after
detailed and pertinent diligences were carried out by the authorities of the
Netherlands, within the frame of a Rogatory Letter. The main report, which
comprises the diligences that were requested and carried out by the Dutch
Police can be found in the corresponding appendix.
On page 1897, a Spanish journalist was heard, who was to have
information about the alleged abductor. Once again, nothing was supplied
that allowed for the substantiation of such suspicions.
An attempt was made to obtain identification elements from users of
computer equipment in two establishments in Luz, which was not possible,
as explained on page 1900.
On page 2006 and forward, is found the report of an identical occurance to
one that had happened in Holland, coming to be found to pertain to, once
again, untrue information about the child. With the prestigious
collaboration of the Spanish authorities, Grupo de Sequestros de Madrid, it
was possible to identify the couple responsible for the false information,
with only the male being detained under the auspices of an outstanding
detention mandate.
* * *
36
Now the question related to the performance of the British dogs will be
covered, along with the consequent quality assumed by the parents of
MADELEINE, once again with the ability to revisit the description later in
the report.
In this way, from pages 1989 and following, one can read the full report by
MARK HARRISON, whose specialty is the search for missing people or
homicide victims, including catastrophe scenarios. He provided the use of
canines, specialized in the detection of vestiges of human blood and human
cadaver odor.
This is an inspection technique commonly used in the United Kingdom,
frequently with positive results, consisting of the utilization of two especially
trained dogs.
One of the dogs is trained to detect cadaver odor and the other to detect
vestiges of human blood, with existing knowledge that their prior usage had
resulted in significant results, principally in the detection of vestiges, which
had then been, later, confirmed in the laboratory.
After a positive joint meeting with the British police, it was decided to use
this capability and a large number of objects and locations were examined,
with these diligences being recorded in films which are included in the
documentation (appendix III).
In some of these locations and objects, the animals exhibited the behaviour
of identification and “signaling”, including:
37
1 - Apartment 5A, of the resort ‘Ocean Club’, place from where the
child disappeared.
- cadaver odour dog:
*in the couple’s bedroom, in a corner, close to the wardrobe;
*in the living room, behind the sofa, close to the lateral window of the
apartment;
- blood dog:
* in the living room, behind the sofa, close to the lateral window of the
apartment (exactly as it was signalled by the cadaver odour dog);
2 – Area of the backyard, close to the apartment 5A:
- cadaver odour dog:
* in a flowerbed, commented by the dog handler the lightness of the scent
detected;
3 – Apartments where the rest of the elements of the group stayed
* NOTHING was detected by any of the dogs;
4 – House of the MCCANNs at the date of the inspection [second
apartment]
* NOTHING at the house, was detected by any of the dogs;
38
5 - In the area of Vila da Luz
* NOTHING was detected by any of the dogs;
6 – In the clothes and belongings of the Family MCCANN
- cadaver odour dog:
* in two pieces of clothing belonging to KATE HEALY
* in a piece of clothing of the minor MADELEINE
* in the plush toy, possibly belonging to MADELEINE (it was detected
cadaver odour, when the plush was inside the residence – at the date
occupied by the family)
7 – In the vehicle used by the MCCANN family
- cadaver odour dog:
* signalled the key of the vehicle;
- blood dog:
* signalled the key of the vehicle;
* signalled the interior of the vehicle’s boot;
8 – In the vehicle used by a friend of the family, who stayed in the
same resort, matching some of the holiday days.
39
* NOTHING was detected by either dog;
9. In all the vehicles that were used by arguido ROBERT MURAT and
persons that are close to him;
* NOTHING was detected by either dog.
(in a total of ten vehicles, the cadaver odour dog and the blood odour dog
only signaled the vehicle that belonged to the MCCANN family, which was
rented on the 27th of May)
On the locations and the pieces that were marked and signaled by the blood
dog, forensics tests were performed, especially at a reputed British
laboratory (Forensic Science Service – check Appendixes I and VII – FSS
Final Report) but also, some of them at the reputed National Institute of
Forensics Medicine (check Appendix I), whose final results did not
corroborate the canine markings, which is to say, cellular material was
collected that was not identified as pertaining to anyone specific, and it was
not even possible to determine the quality of that material (v.g. whether it
could be blood or another type of bodily fluid).
But during a first scientific approach (pages 2617 and following), the
possibility of a match between the DNA profile of MADELEINE and some of
the collected residues (among which those that existed in the Renault Scenic
that had been rented by the McCANN couple were abundant) was raised; a
match which, as can be verified in the aforementioned final report from the
FSS, failed to be verified, after the execution of long and complex testing.
40
On pages 2461 and following, the translation of the comments that were
made by the dog handler, during the inspection actions, was appended.
Based on the action of the canine team and the aforementioned initial
scientific approach, which revealed the possibility of the existence of a
cadaver inside the apartment and in the vehicle that was used by the
MCCANN family, and in order to allow for GERALD McCANN and KATE
HEALY to see their position within the process safeguarded, they were made
arguidos, in face of the mere possibility of their involvement with the
possible cadaver. During the questioning as arguidos, they denied any
responsibility in the disappearance of their daughter.
It may be questioned that KATE HEALY was not immediately made an
arguida, but rather inquired, as a witness, and only afterwards, following
said inquirition, did she assume that quality.
Therefore, the constitution of KATE HEALY as an arguida was made when
she was confronted with concrete elements that might lead to her
incrimination, a fact that, within the terms of the penal process law, would
officiously force that constitution.
Returning to the description of the pieces of the process, on page 2294,
there is a note of the delivery of four (04) photographs, which were printed
by an employee of the resort, AMY TIERNEY.
41
Page 4193, she clarified that the photographs were made on her own
printer, which allowed her to use photographic paper and cut to size
(10x15), which in this way, reduced any suspicion related to her possession,
on the part of the parents.
Nonetheless, before her interview, the photographs were examined, as
related on pages 4155 and following, and pages 4197, in which it is alleged
to not be possible to determine with complete confidence if the printer is
compatible with the photographs, but it seems to us, by the laboratory
results (merely indicative) that these photographs were printed there.
On pages 2305, 3195 and 3212 is the detailed report, relative to the
laboratory exams done on the apartment from where the disappearance
occurred, which took place on 4 May 2007.
On page 2327, is the report of the exams of the home and some of the
vehicles of ROBERT MURAT and, on page 2348, the report of the exam of
the car belonging to SERGEY MALINKA, an individual of interest given his
relationship with ROBERT MURAT, not having been uncovered, however,
anything of a criminal nature.
On pages 2360 to 2371, is the report of the vehicles belonging to LUÌS
ANTÒNIO, with whom, also, ROBERT MURAT had an acquaintance.
Nothing suspicious was found.
On page 2383, is the report of the exam done in the apartment retained by
the Polish couple and, on page 3230, the detailed report of the exams done
on the vehicle rented by the McCANN couple.
42
All of these exams, for now, allowed nothing to be inferred relative to the
exact understanding of the facts.
On page 2396, is a file, which was attributed an inquiry number, which
alludes to a supposed sighting. This occurrence was duly discarded, after
several diligences, outlined from pages 2739 to 2762.
On page 2412, is the interview with PAMELA FENN, who relates several
details, of which, though not clarifying the facts, are elucidating. PAMELA
FENN lives on the first floor of the residential block, above the apartment
occupied by the McCANN family. She related that, on 1 May 2007, two days
before the disappearance, at about 22h30, she heard a child crying, which
by the sound was MADELEINE. The child continued weeping for one hour
and 15 minutes, until the parent’s arrival (she heard the door sounds), at
about 23h45. This witness places in cause the allegation (by the parents) of
the daily routine of visits every 30 minutes to check the children who had
been left on their own.
She also added to the files, that her niece, CAROLE, on the morning of 3
May 2007, had seen an individual observing the child’s apartment. This
individual was not identified, but could have been a gardener. An interview
with CAROLE was requested in the Letter Rogatory submitted to the UK
authorities, with nothing relevant having been discovered.
43
On pages 2426 and following, the forensics report was attached,
concerning the residues that were collected on several locations, with
results that did not attain the desired purpose, which was to establish
elements that conducted to the author or authors of the facts.
From pages 2771 to 2869, the final report was added, concerning the
action of the canines and the searches, carried out by the British experts.
A new occurrence was explored on pages 2876 and following, concerning a
crematorium, where according to the press, the cadaver of the British
minor could have been placed. The crematorium was closed and sealed,
according to what is explained in the aforementioned report.
On page 2897, the copies of the contract for the vehicle that was rented by
the McCANN family were requested, and added from pages 2900 to 2937,
as well as the registers from anterior rentals, including the last user, who
was heard on page 2997.
On page 2945 and following, some situations concerning movements by
the McCANN couple and episodes involving the press and private
detectives are reported.
On page 2962, the holiday group’s flight data is added, in its entirety.
On pages 3148 and following, the sighting of an individual with a strange
behaviour, though not substantially founded, who sometimes was
motionless and other times spoke on the phone from a cabin, is mentioned.
44
That individual, according to witness statements from pages 3150 to 3156,
had some similarities with the figure that was described by JANE
TANNER, page 3157. Nothing was established that could relate him to the
facts.
All the garbage bins that exist in the Vila da Luz and surroundings, in a
total number of 188 (one hundred and eighty eight), were searched and
inspected, yet nothing relevant was found, page 3183.
According to what is documented in the process, on the afternoon of the
3rd of May, the group, with the exception of the McCANN family, were in a
bar next to the beach, named “Paraíso”, and the images from the video
surveillance system were appended, pages 3266 to 3273, which did not
supply any further clarifying elements.
On pages 3893 and following, several inquiritions that came from the
British Authorities, and the corresponding translations, were added, with an
informative character.
On pages 3922 and 3923, a summary of the financial situation of the
group, constituted by nine persons, can be found.
On page 3924, due to the tight connection with the McCANN couple, the
priest who practises in Praia da Luz, Father JOSÉ PACHECO, was
questioned, but did not add anything relevant for the investigation to the
process.
On pages 3928 and following, another summary of the sequence of events,
45
executed by the holiday group, was added.
The report on page 3998 and the inquirition on page 3459-a refers to two
telephone communications that were received on the night of the facts by
KATE HEALY, from a bar that is located in Vilamoura. It was possible to
verify that it was a common friend/client between both.
In the same perspective that motivated the appending of the registries of
users of the vehicle that was rented by the couple, the appending of the
register of occupants of apartment G5A was carried out, page 3417-a.
The wife of the Anglican Priest, SUSAN HUBARD, was questioned, as she
had a relationship of some proximity to the McCANN couple, during their
stay in Portugal. Once again, nothing that can be reputed as important was
collected.
On page 3418-a YVONE MARTIN was questioned, who offered some
information, which, despite its pertinence, did not show any relevance,
pages 3421-a and following.
Information was collected from a Spanish detective agency, named
“Método 3”, which was hired by a British citizen, to benefit the McCANN
couple. This contact was solicitated by this agency, and the information
that was given was subject to analysis and dismissal by this Police, pages
3434-a and following. It revealed itself, all of it, as speculative and without
fundament, focusing particular attention on ROBERT MURAT.
From the tests and inspections that were carried out, a biological residue
46
was collected which supposedly carried identificative value. Faced with this,
the same residue was sent to Interpol, in order to be compared with the
compatible databases, page 3467-a.
Following the aforementioned canine action, after the constitution and the
questioning under arguido status of GERALD McCANN and KATE HEALY,
these would end up abandoning the national territory, returning to the
United Kingdom, where the remaining elements of the group already were.
From this moment on, it became necessary to request from the British
authorities the performance of a set of diligences, that had the purpose of
helping to clarify the facts and to establish what type of crime had been
committed, as well as the responsibility of the corresponding authorship,
pages 3528-a and following.
Therefore, from page 3705-a to page 3792-a the Rogatory Letter is
appended, that was elaborated by the Public Ministry, based on what had
been reported by the Polícia Judiciária, and from page 3795-a to page
3822-a, a second rogatory letter, this time elaborated the solicitation of
arguidos GERALD McCANN and KATE HEALY.
From pages 3928 until 3931 the statements from a witness, who helped
during the searches for the child and who decided to give a voluntary
statement, were appended. It did not point out anything of substantial
relevance.
From pages 3932 to 3937, another witness alleged that she had seen
GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM
47
terminal, at around 2.26 p.m. on the 7th of May 2007. According to the
witness, the father of the minor was talking on the phone, saying “don’t
hurt Madeleine, please”. She was not peremptory in affirming that it was
GERALD McCANN. It seems unlikely to us that it was GERALD, given the
fact that on that day, he only activated antennas in Praia da Luz, adding to
the fact that, at around 2.16 p.m., he activated an antenna in the centre of
Praia da Luz, which we consider to make it impossible that he was present
in Lagos ten minutes later.
On pages 3943 and forward, is the request for a comparison of the DNA for
MADELEINE McCANN, with the genetic profile of a child’s cadaver found
on the coast of the USA, victim of a homicide. It was verified that they
were incompatible.
From page 3948 to 3964 an intercalar report was elaborated, giving an
account of the diligences meanwhile performed and the results obtained, as
well as explanations of the same.
* * *
Now in an advanced phase of the investigation, pages 3965 to 4113, there
arises, related to the private investigation developed by the McCANN
couple, and publicly announced by their spokesman, CLARENCE
MITCHELL, the alleged existence of a suspect, which, supposedly, was
undertaking a collection in Praia da Luz, at the time of the disappearance.
A fotofit was created of this individual by a witness – GAIL COOPER – who
saw him, page 3979.
48
From the beginning and immediately, this was compared with the photo-fit
from JANE TANNER, and despite hers not having a face, page 3977, she
alleged they were the same person, with an approximately 80% certainty.
In order to assess the credibility of the description and of the drawing, it is
important to highlight that the witness GAIL COOPER, was heard for the
first time and in a very detailed fashion [emphasis in the report], by the
British authorities (see page 3982), then affirming that she saw this person
only one time , in a collection done at the door of the residence she was
occupying during her holidays.
However, a few months later, in a new deposition, the same witness
affirms that she saw this individual three times (one of which he was
watching, in a strange way, the children at the Paraíso Restaurant), during
her stay in Luz, information which she did not supply at the time of her
first deposition to the police in the UK.
With the publication of this portrait, a myriad notices about sightings of this
individual arose, most from the UK, but also from Portugal (see pages
4130).
All of this information received due treatment and evaluation in regards to
credibility, of which nothing has come until now, in spite of innumerable
persons approached, supposedly of similar appearance with the “suspect.”
49
Apart from other investigative actions, said persons were photographed
and their mobile phones crossed with the antennas that were activated in
Vila da Luz, during the period that is comprehended between the 2nd and
the 4th of May 2007, without any connection resulting from it.
On page 4116, a situation that was related to an individual who had been
referenced for sexual abuse of minors was explored, whose inquiry was
under process in this Department. There was no information whatsoever
concerning his involvement in the present investigation, yet, as it referred
to a sexual crime against minors, several diligences were carried out,
whose result, for this case, was fruitless.
On pages 4147 and following, an information was received, and duly taken
care of, concerning a new supposed sighting of MADELEINE McCANN. It
was once again verified that it was a child that resembled her.
On pages 4163 to 4165, the situation that involved the abduction and
murder of a minor of gipsy ethnicity, in the city of Huelva, Spain, was
considered and duly correlated with the disappearance of MADELEINE
McCANN. After several contacts were established with the investigation
that was ongoing in the neighbouring country, it was concluded that the
occurrences are disparate among themselves.
From pages 4167 to 4182, the forensics report from the National Institute
for Forensic Medicine was appended, whose conclusions do not allow for
significant advances in the investigation, but which identify several
different haplotypes, some of which match intervenients in the process and
others without any identificative value.
50
Immediately, the question concerning the differentiating value of some
haplotypes [haplotype (Greek haploos = single) is a combination of alleles
at multiple loci that are transmitted together on the same chromosome]
was raised, namely concerning JANE TANNER, page 4175, which was
located in a residence in Burgau, which, in our understanding, would not be
viable and logical, or to say the least, would be very strange. Therefore, in
order to clarify this situation, a clarification was requested from that
Institute, pages 4320 and following, which, in its reply, is peremptory in
stating that there are haplotypes that are identical among each other, in a
percentage that is still significant, pages 4325 to 4328. This means that
the hair that was found inside that residence, while possessing the same
haplotype as JANE TANNER, belongs to someone else.
Still within the area of collection, treatment and analysis of residues, the
identification of a stain on the cover of one of the beds in MADELEINE’s
bedroom (not the one she slept in), which raised some suspicions, should
be pointed out.
Duly analysed, the stain configured a biological residue (saliva) that
belonged to a child – CHARLIE GORDON – that had been on holidays,
earlier and with his parents, in the same apartment.
On pages 4200 and following and pages 4204 to 4212, two events were
reported, which once again, were subject to treatment, and their
importance to the ongoing investigation was immediately dismissed.
* * *
51
Summarising the diligences that are reported in the process and that were
carried out or coordinated by the PJ, the following should be mentioned:
- de factum preservation of the location (despite the fact that it had
already been rummaged by countless persons), several collections
and exams on the existence of possible residues, as well as a
circumstantiated photographic report;
- installation, within the first 24 hours, of an extensive operational
scheme, including the participation of several police forces and civil
protection services, in a total of over 130 elements;
- reinforcement, within the next 24 hours, of said operational
scheme, with the mobilization of over 300 elements from police
forces and public entities;
- the operational mechanism that was implemented on the terrain
included, among others, and as soon as possible, the installation of
posts to control the roads and the southern terrestrial frontier with
Spain, the usage of canine detection teams, the usage of exceptional
search and rescue means
– aerial, terrestrial and maritime -, alerts and broadcasts all over the
country and abroad. Just as an example, it is mentioned that during
the following weeks and in permanence, two helicopters, four ships
and several off-road vehicles were used, apart from airplanes and
private ships;
52
- in the same manner, the investigative operations were coordinated
with the specific search operations, and hundreds of diligences were
carried out, like the identification and hearing – both formally and
informally – of citizens, the execution of door-to-door searches in the
residences and tourist resorts of Vila da Luz and surrounding areas,
the identification and search of vehicles, and searches on the terrain,
in an area that was initially of 15 square kilometers, and then was
progressively enlarged until 30 square kilometers (where special
attention was given to locations like wells, passages, tunnels, dams
and lakes);
The magnitude of this operation exceeded, right from the first moment, the
dimension that is commonly used in similar cases, a fact that was made
public, having been notoriously and widely publicized by the media.
On the following days, over 700 persons that might possess any relevant
information about the disappearance were formally and informally
questioned, the PJ having used, for that task, over 100 employees from
several departments in Portimão, Faro and Lisbon, which worked on a
consecutive basis of 24 hours per day.
Equally, all the locations where images that could be related to the case
might exist, were consulted (like, for example, restaurants and petrol
stations) and telephone lines from the permanent services of the
departments in Faro and Portimão were made available, and a mobile
police post was installed in Vila da Luz for the collection of information.
53
Beyond the already mentioned identifications and domiciliary door-to-door
searches, the identification, contact and interview with known suspects in
the area that had previously been connected to sexual criminality over
minors was carried out.
Also, regarding the missing child’s parents, the PJ was careful to schedule
periodic meetings with them and to designate an Official Liaison to the
family as support for a permanent relationship, with the accompaniment
and active collaboration of the Royal British Consulate in Portimão.
Shortly after the beginning of the investigation, continuous relationships
were created with the Leicestershire Constabulary which sent, in support,
various of their members to Portugal, having, equally, the PJ sending
employees to the UK.
It is emphasized, specifically, that the level of cooperation and of
understanding between the PJ and the Leicestershire Constabulary
achieved, always, very high levels, united in the common pursuit of the
missing child and the truth.
As such, the Portuguese authorities engaged an enormous and expensive
panoply of technical and human resources, in the attempt to discover the
missing child and the understanding of the explanation of the
disappearance.
The PJ never disregarded any information or credible elements – as will be
seen in this criminal process – that could have led to the realization of the
disappearance, and there have been completed, during these months,
54
more than 2000 diligences, formal and informal, in this regard.
As an example, we refer to the international cooperation, especially with
Spain, the Netherlands and the UK which led to the detention and
identification of individuals who tried to introduce deceptive information
about the hypothetical destination or location of the child.
All of the information with any major or minor level of credibility was
explored, nationally and internationally, by the PJ, with special relevance
given to dozens of supposed sightings or localizations of the child, most of
which, in fact, were widely publicized in the press.
The PJ, as in probably no other investigation in Portugal, withheld no effort,
in the sense of providing exceptional technical means, manpower and
financing towards the discovery of the child and the determination of the
truth of the facts, having been completely accompanied in this effort by the
Leicestershire Constabulary, the police department headquartered in the
city of Leicestershire, from where most of the elements of the holiday
group are from.
As another example, just the scientific exams alone cost many tens of
thousands of euros.
Addressing now, and specifically, the question relative to the diligence
known as the “reconstitution of the facts” (Article 150º of the Penal Process
Code), which was not performed due to the refusal of some of the integral
members of the holiday group to return to our country (as documented in
55
the Inquiry), the same would have clarified, duly and in the location of the
disappearance, the following extremely important details, amongst others:
. The physical, real and effective, proximity between JANE TANNER,
GERALD McCANN and JEREMY WILKINS, at the moment when
the former passed them, and which coincided with the sighting of the
supposed suspect, carrying a child. It results, from our
understanding, as unusual that neither GERALD McCANN nor
JEREMY WILKINS did not see her, nor the alleged abductor, despite
the small dimensions of the space;
. The situation that concerns the window of the bedroom where
MADELEINE slept, together with the twins, which was open,
according to KATE. It would be necessary to clarify whether there
was a draft, due to the fact that movement of the curtains and
pressure under the bedroom door are mentioned, which would
eventually be clarified through the reconstitution.
. The establishing of a timeline and of the effective checking of the
minors that were left alone inside the apartments, given the fact
that, believing that said checking was as tight as the witnesses and
the arguidos describe it, it would be, to say the least, very difficult
that the conditions were reunited for the introduction of an abductor
in the residence and the posterior exit of said individual, with the
child, namely through a window with little space. It is added that the
supposed abductor could only pass that window holding the minor in
a different position (vertical) from the one that was visualized by
witness JANE TANNER (horizontal).
56
. What happened during the time lapse between 5.30 p.m. (the time
at which MADELEINE was seen for the last time by a person that
differs from her parents or siblings) and the time at which the
disappearance is reported by KATE HEALY (at around 10 p.m.).
Concerning the result of the diligences that were requested from the British
authorities, as earlier mentioned, despite the fact that they were almost
completely carried out, nothing new was added to the process and,
consequentially, to the investigation.
The questioning of the holiday group merely corroborated what had already
been established during the investigation, without any detail that could
have been reputed as especially relevant being brought forward.
In conclusion, it results from everything that has been done, despite the
efforts that were made and all investigation lines being explored, that it is
not possible to obtain a solid and objective conclusion about what really
happened that night, and about the present location of the missing minor.
On the other hand, it should be referred that this investigation moved itself
under conditions of exceptional media exposure, with the publication of
many “news” of imprecise, inexact or even false contents, which did not
help, in the least, the discovery of the truth and created, many times, a
climate of unusual commotion and of lack of serenity.
Therefore, as we do not envision, at the present moment, the execution of
57
any other diligence within the process that might produce any useful result
for the process, I submit it to your consideration, for you to determine
whatever you may see as convenient.
* * C O N C L U S I O N * *
Portimão, 20th of June 2008
