21 Feb 2009


I've just spoken to the McCanns' spokesman Clarence Mitchell who has declined to comment.

Quite sensible, really.

After all, you never know who's listening do you?


A few days ago I received an interesting letter from Leicestershire police about the Madeleine McCann investigation.

I had asked them, in July, if they had got any warrants (under the Regulation of Investigatory Powers Act) to use surveillance powers - such as phone tapping and email interception on behalf of the Portuguese police.
The force initially stalled saying it needed to "consult other Agencies" before replying.

After a six month delay, Leicestershire has now claimed it is exempt from Freedom of Information laws in this case due to "national security".

Recently by Jon Clements

Thanks for taking so much interest in my post about the McCanns and "national security".

I have to say I'm a bit surprised that some of you think this proves that much about what happened to Madeleine, though.

From my point of view, it suggests Kate and Gerry may, I stress may, have been subjected to an unusual - perhaps unprecedented - degree of surveillance after the returned to the UK.

I'm not sure it indicates that much about what has happened to her and where she may be now.

I've made some more inquiries and it it would appear that the most likely agency involved in any bugging would be the Serious Organised Crime Agency

They provide a lot of "technical assistance" to small police forces who don't have the skills or equipment to mount a major surveillance operation.

As some of you have pointed out, they work closely with the Child Exploitation and Online Protection centre (CEOP) who carry out some very complicated and delicate operations against paedophiles.

If you click below you can see the letter from Leicestershire police.




(FILE 09)

No page numbers written on files.

I have done a summarised translation of a report compiled by the Brigade of Information Analysis in September 2007 for the PJ (the report consists of 14 pages).

This report was based upon a timeline analysis (the result of statements made to the PJ and to Control Risk by 5 elements of the T9, by the client support service staff from Mark Warner and from other statements, a text having been compiled for an English analyst) and various chronogrammes of communications elaborated and presented to the British police who were in Portugal in cooperation with the PJ.


From the analysis of the timeline it was possible to conclude:

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 the 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).

Discrepancies in the statements

- 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.
- 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).
- During his second questioning, Gerry said that Kate entered through the patio doors.
- During Kate’s questioning she said that she entered through the patio doors.

- 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.
- 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.
- 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 12.30, 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.

Note: The italics are from the authors.

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.

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.

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.

The brigade team made charts and analysed phone calls made by the T9 between 21-04-2007 and 06-05-2007.

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.

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:

1. 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.

2. Kate (TM 4479********), the numbers:

- 4479******** the only number to contact Madeleine0s 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.

Last edited by Bren on Sun Dec 14, 2008 12:25 pm, edited 2 times in total.
Edited to remove phone nos.

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Post subject: Re: Reports from the Brigade for Information Analysis

This letter is part of the report. Translation:

Subject: Group timeline after Madeleine’s disappearance


Dear Sirs,

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.

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.

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.

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.

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.

All the men from the group began to search the immediate area.

David Payne ran from the McCann’s apartment towards the Millenium 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 Millenium area. David then checked the area around the walls together with Matthew Odlfield.

Russell O’Brien was in the McCanns 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.

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 crèche. He searched between the apartment and the Millenium 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.

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.

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.

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.


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.

The men’s movements, however, are more difficult to pinpoint.

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.

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).

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.

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.


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.

Analyst 7792 Eaton


viv said...

Almost accurate reporting by The Telegraph, except, it is even worse, as we see above, the 14 texts were not received on 3 May but the night before 2 May, which again clearly suggests planning, particularly Gerry does not want to acknowledge or talk about them but from the above police report they obviously exist!

But the report in The Telegraph does illustrate that at the time British reporters were getting pretty accurate reports of what was going on from Portugal, and they were reporting them too! Whilst it is true we got even better reports directly from Portugal it is a fallacy to state nothing adverse was being reported in the British Press, what about the Daily Express who were largely copying reports that had appeared the previous day in the Daily Mail.
There was a clear and deliberate policy IMO of printing a story one day that Clarence Mitchell liked and then printing one the other day that was very anti McCann. To keep Clarence on side and hence access to the McCanns but also keep the British public, absolutely fascinated, boosting their paper sale and consequent advertising revenune.

The PJ did finally accede to the request from Murat to return his property, in March 2008 but of course continued to investigate Kate and Gerry McCann. On 2 April 2008 Kate and Gerry made an application to Mrs Justice Hogg seeking to force the Ch Cons of LP to comply with the Order made on 17 May 2007 to disclose all documents to them. As we know, the McCanns had to back down and the Judge reversed her earlier Order stating LP, SOCA, in fact all British agencies did not need to disclose any documents to Kate and Gerry, that remains the case and as we know, they continue to be investigated. They are very quiet!

Gerry McCann's text messages probed

By Fiona Govan in Praia da Luz
Last Updated: 3:10AM GMT 09 Nov 2007
Gerry and Kate McCann
Gerry and Kate McCann mark six months since Madeleine's disappearance

Detectives are reportedly investigating a series of text messages sent and received by Gerry McCann on the night his daughter disappeared.

* Madeleine investigation: Full coverage
* Madeleine: Tapas Two 'want to change story'

The consultant cardiologist is alleged to have exchanged up to 14 messages on his mobile phone during dinner with the so-called Tapas Nine on May 3.

Police were said to be interested in discovering with whom Mr McCann was in contact that night, before Madeleine went missing from the family’s holiday apartment.

The claims were contained in a documentary by the Portuguese channel RTP but police have refused to confirm or deny the report.

The McCann’s spokesman Clarence Mitchell yesterday declined to comment on issues directly linked to the investigation.

Portuguese detectives have asked for the mobile phone records of the 39-year-old and his wife Kate, but have not yet received them.

Requests for the McCanns’ mobile phone records are among a series of letters of appeal drawn up by the Portuguese police.

But the public prosecutor Jose Magalhaese Meneses has refused to give his approval for the letters to be sent to British authorities until he sees stronger evidence against the couple.

Meanwhile, Robert Murat, the first to be made a formal suspect in the case, has contacted Portuguese police asking to be reinterviewed.

The Portuguese daily newspaper 24 Horas reported yesterday that in a bid to clear his name, Mr Murat, 33, has handed an official request to Portimao court n which he challenges Portuguese detectives to re-search his house and interrogate him.

His lawyer, Francisco Pagarete, said: "He is very frustrated because he is still an arguido more than six months after the child’s disappearance, and they have still made no concrete accusation against him.

"The searches the Policia Judiciara carried out at his house revealed absolutely nothing."

Mr Murat, who was named an arguido on May 14, has also demanded that police return the items they seized in a search of the home he shares with his mother less than 100 yards from the apartment where Madeleine went missing.

But detectives claim they are still waiting for DNA results from Birmingham. Under Portuguese law, suspects can apply to have their status lifted after six months, but it can be extended for up to a year.

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viv said...

Spot on Daily Mail, BEFORE Maddie disappeared, this does not look good, Gerry McCann! We now know this report was correct..

Riddle of 14 text messages sent and received by Gerry McCann just before Madeleine vanished
Last updated at 22:05 07 November 2007

* Comments (16)
* Add to My Stories

Mobile phone: Gerry McCann is said to have sent and received 14 text messages during dinner on the night Madeleine disappeared

Gerry McCann sent and received 14 text messages on the night Madeleine disappeared, Portuguese TV reported last night.

The consultant cardiologist was said to have exchanged the messages on his mobile phone during dinner with friends on May 3, before Madeleine was found to be missing.

Portuguese police have asked for the mobile phone records of the 39-year-old and his wife Kate but have not yet received them.

The text message claim was made by the Portuguese channel RTP, which offered no explanation about who Mr McCann had contacted.

Requests for the McCanns' mobile phone records are among a series of letters of appeal drawn up by the Portuguese police.

But the public prosecutor Jose Magalhaese Meneses has refused to give his approval for the letters to be sent to British authorities until he sees stronger evidence against the couple.

The McCann's spokesman Clarence Mitchell refused to comment on issues directly linked to the investigation.

The family has however been given some fresh hope after DNA tests concluded there was no proof the four-year-old was dead.

Tests on samples taken from Kate and Gerry McCann's apartment have failed to find any evidence that their daughter died there.

The results from Portugal's police laboratory support the couple's belief that Madeleine was abducted.

Scientists at the laboratory in Lisbon have also failed to find any evidence implicating the parents in her disappearance.

Scroll down for more ...
Madeleine McCann

Missing: Madeleine disappeared from the family's holiday apartment in Praia da Luz on May 3

* Two of Tapas Nine 'want to change their story about Madeleine'
* Madeleine suspect Murat demands new police interview to clear his name

A source said: "Numerous DNA tests were carried out upon hair, as well as analysis of traces belonging to the McCann couple and their twins.

"But nothing allows us to say that the little girl died in that apartment as no sample was gathered which can point in that direction."

Portuguese police say they are still waiting on results from some tests carried out by the Forensic Science Service in Birmingham. Results received so far have proved inconclusive.

The Lisbon police laboratory source said detectives had not asked for toxicology tests to determine if Madeleine or the McCanns' twins Sean and Amelie were sedated - a claim their parents have always denied.

Scroll down for more ...
kate gerry mccann arm around each other looking exhausted

'No proof': The DNA tests reportedly show no evidence that Madeleine's parents Kate and Gerry are implicated in her disappearance

The development means the Portuguese police are entirely reliant on the Forensic Science Service tests to provide any DNA breakthrough in the case.

But preliminary results from the Birmingham lab are said to have been inconclusive.

The independent laboratory has refused to comment on its findings, but leaks from inside the service have varied from reports that they have found no evidence against the McCanns to claims that they have found compelling "proof" of their involvement.

Last week there were claims that traces of Madeleine's DNA had been found in their Renault Scenic, which was rented 25 days after the girl went missing.

Analysis was said to have shown that bodily fluids found in the silver Renault came from a body and not from a live person.

But in the same week the police said it would take "a miracle" for them to build a case against the McCanns and the Portuguese public prosecutor said he would not ask for them to be re-interviewed as there was not enough evidence to implicate them.

An FSS spokeswoman said their analysis was "still ongoing" and said their tests had not been completed. Family spokesman Clarence Mitchell refused to comment.

viv said...

Added all posts of Jon Clements Mirror re bugging of McCanns etc and the actual letter from LP, apols for small size, best I could manage after a lot of messing about xx

viv said...

Hummm nice and subtle Mr Clements, my thoughts too...so much for people saying the UK are letting them off, hardly! God help poor little Maddie xx

From my point of view, it suggests Kate and Gerry may, I stress may, have been subjected to an unusual - perhaps unprecedented - degree of surveillance after the returned to the UK.

I'm not sure it indicates that much about what has happened to her and where she may be now.

I've made some more inquiries and it it would appear that the most likely agency involved in any bugging would be the Serious Organised Crime Agency

They provide a lot of "technical assistance" to small police forces who don't have the skills or equipment to mount a major surveillance operation.

As some of you have pointed out, they work closely with the Child Exploitation and Online Protection centre (CEOP) who carry out some very complicated and delicate operations against paedophiles.

nancy said...

Hi Viv -

14 calls received by Gerry on the 2nd May rather than the 3rd!! Well that definitely, in my opinion, points to pre planning which I've always thought it was, due to the way everything went along in apple pie order immediately after Maddie disappeared! It was just too expedient and efficiently handled. And the McCanns were just too cool to be heartbroken - most people would agree with that.

Jon Clements mentions SOCA perhaps being the ones carrying out surveillance on the McCanns.

Gerry and Kate would, I'm sure, have known something like that would happen and would be very clever to avoid doing or saying anything to raise suspicions about their behaviour. They would have had very good advice about that from their prominent and very clever lawyers!

I watched the Portuguese video on the McCann Files earlier. Not that I can understand Portuguese, but I found it very interesting anyway.

Goncalo Amaral's wife stands by him through thick and thin and seems a very intelligent woman - a match for Kate McCann any day! I hope that Goncalo comes out unscathed from the trial going on at the moment. His body language, to me, makes me think he is very relaxed about the whole thing.

On the video, Gerry is asked by one reporter if he had read GA's book and his reaction was that he couldn't understand Portuguese and shrugged that question off. You can believe that pigs might fly of course! I bet they've been advised of every word of it.

Off now to have a look at the 3A's!

bath theory said...

...Standby Foxtrot, Delta Charlie in position... This text was sent to a top secret friend in S.A and another in Castallano land. Both are on important covert work for me. If anyone asks for a copy of this text record then it will not be allowed on the grounds of national security. Over and Out for now.


viv said...

Hiya Nancy

It has always looked pre-planned to me and the 14 texts the day before is a major example of why I think that. Kate and Gerry have said that he did not really have any calls he was just on holiday. No doubt thinking we would not get the evidence that he actually got 14 texts just in one crucial day.

They have gone quiet now because they realise that by so much public commentary coming from them, mainly via Mitchell, family and friends, they have greatly compounded the adverse view the public have of them. We have gone from believing they were involved, to knowing they were.

How strange that we have Bennett on the 3 As telling us how successful Mitchell has been, how utterly perverse! Kate, Gerry and Mitchell might like to think that, we know very different.

There can be no good reason for subjecting innocent parents to intensive surveillance, we only do that to very serious criminals, and that is a fact!


viv said...

Oh Nancy that is very funny Gerry claiming he cannot understand Portuguese to understand Goncalo's book and the PJ file.

Criminals just do not want to understand but he understand alright!


viv said...

BT I think that post was just way too clever for me to understand!


KaOssis said...

Mr McCann described the last time he saw her - at 9.05pm as he checked on his daughter as she lay sleeping - before returning to the tapas bar to carry on with his evening meal.

"I was the last to see her. I saw her and thought how beautiful she was and thought how lucky I was to be a father of three children," he said.
- Gerry McCann, Daily Express 24/10/07, quoting from the Antena 3 interview

So Gerry was the last person to admit that he saw Madeleine at 21:05 pm the night Madeleine disappeared.

The casual tennis partner of Gerry McCann believes he left home between 8:15/8:30 pm, on May 3, to walk his son, in a buggy, according to his statements to police. He turned right and, as he looked to the building next to the one where the McCann were staying, he saw a woman in a purple dress.

Jeremy Wilkins went down the street and went to the toilet near the swimming pool, close to the Tapas Bar, through the Ocean Club reception. He met a couple, the man with “rasta” hair and, after going out from the toilet, kept walking down the streets, around the backside of the tennis court.

He walked through several streets, as his soon was having difficulty in sleeping. He met another couple, a tourist named Curtis with his girlfriend. After walking around a lot, he found himself going out from a street to the road that goes to Batista Supermarket, between the McCann apartment and the Tapas Bar.

He saw Gerry McCann on the other side of the road (between 8:45 and 9:15 pm), not far from the gate that gave access to the stairs of the ground floor apartment and crossed the street to talk with him, in the sidewalk. As far as he can remember, they talked for 3 to 5 minutes. His soon was already asleep and, when the talk finished, Gerry went down, in the direction of Tapas Bar, and Jeremy Wilkins went up the street, turned to the left and returned to his apartment.

While talking to Gerry, he said that he couldn't guarantee that he didn't saw somebody, on the top of the street, because he was either looking to Gerry or to his baby, in the buggy, and probably was in a position with his back to the top of the street.