Lettre rogatoire - 12.12.2007 (1)
adressée aux autorités britanniques compétentes en matière judiciaire, au nom de la justice et conformément aux préconisations de l'Assistance Mutuelle Légale Internationale (act 144/99, 1999-08-31)
adressée aux autorités britanniques compétentes en matière judiciaire, au nom de la justice et conformément aux préconisations de l'Assistance Mutuelle Légale Internationale (act 144/99, 1999-08-31)
Considering the facts
justifying this Letter of Request and its accomplishment, the Public
Prosecutor for the jurisdiction of Portimao, Portugal, requests the
competent Judicial Authorities in the United Kingdom to carry out,
observing all the legal formalities, the investigations mentioned
below.
1 - Introduction et description des faits
An Inquiry-recorded under
no. 201/07/0 GALGS-is in progress at the Public Attorney's Office of
Portimao, carried out by the Public Prosecution Service, having
Gerald Patrick McCann, Kate Marie Healy and Robert Murat as arguidos
[formal suspects].
This inquiry aims at
determining the circumstances of the disappearance of Madeleine Beth McCann, born on May 12, 2003, daughter of Gerald Patrick McCann et Kate Marie Healy. The minor disappeared from the Apartment G5A, Ocean
Club Resort, Praia da Luz - Lagos, Algarve.
- The disappearance of MMC was reported to the 24/7 service of the PJ
through a phone call from the National Republic Guard [GNR] in Lagos
made around midnight on May 3, 2007.
- A team of investigators
was immediately deployed to the place, in order to inspect it.
- Facing the fact, the
disappearance of a minor, the investigation outlined the several
possible scenarios. The disappearance took place in the period of
time between 05.35 p.m. and 10.05 p.m., on May 3, 2007.
- Since the beginning, the
minor's parents attributed the fact (the disappearance) to an act
committed by third parties, claiming it was an abduction.
- Although this being a
possible scenario, the family's procedures led in that direction,
including the use of an intense media campaign.
- In fact, the next day in
the morning, British television channels and newspapers were already
announcing the disappearance/abduction of the minor.
Time went on without
this scenario being absolutely confirmed. A ransom request in
exchange for information or for the child itself was never made.
However, and in view of
the statement made by one of their friends, Jane Tanner, we could be
facing such as scenario.
- After receiving the report, a judicial inspection was made to the place, resorting immediately, among other assets, to 'sniffer dogs' of the GNR.
- After receiving the report, a judicial inspection was made to the place, resorting immediately, among other assets, to 'sniffer dogs' of the GNR.
- We must point out that
these dogs were specifically trained to follow tracks and find
people, besides taking part in international trainings, accomplishing
the corresponding protocols.
- International
dissemination was made;
- During three days these
kinds of dogs were used in searches carried out in a perimeter of
approximately 15 square kilometres [+/- 5.8 square miles];
Meanwhile,
investigations were going on in order to collect all kinds of
information, always having in view to work out all possible
scenarios. Countless investigations were carried out, in order to
confirm or invalidate the several clues concerning a possible
abduction.
Statements from all
employees and service providers of the resort were obtained.
- At a certain time, keeping all the other lines of investigation open, it was decided to make a new inspection to the place from which the child has disappeared.
- This inspection
technique is commonly used in the U.K. and consists of using two
specially trained dogs.
- We must stress the fact
that in the United Kingdom the resort to this kind of inspection is
common and that it has a very high percentage of success.
- One of the dogs is
trained to detect 'dead body scent' and the other one, human blood
traces.
- All the inspections were
recorded, with sound and image, being directed by the British
colleagues handling the dogs.
En fait un handler, Martin Grime, et le spécialiste britannique des cas de disparition, Mark Harrison.
- In these large number of
objects and places inspected, the dogs identified and alerted to the
following places and objects:
1. Apartment 5 A, Ocean
Club resort, the place from where the little girl disappeared
Dead body scent dog :
*in the couple's bedroom,
in a corner, next to the wardrobe
*in the living-room,
behind the sofa, next to the apartment's side window;
Human blood detecting
dog:
*in the living-room, behind the sofa, next to the apartment's side window (exactly in the same place the dead body scent dog gave the alert);
*in the living-room, behind the sofa, next to the apartment's side window (exactly in the same place the dead body scent dog gave the alert);
2. Yard area close to apartment 5 A
Dead body scent dog:
*NOTHING was detected by any of the dogs;
4. Current house of the MC couple (at the time the inspection was carried out):
5. In the village of Luz:
*NOTHING was detected by
any of the dogs;
6. In the clothes and
belongings of the MC family
Dead body scent dog:
*in two pieces of cloth
of Kate Healy
*in one piece of cloth of
the minor MMC
*Possibly, in the cuddly
toy of MMC (the dead body scent was detected while the cuddly
toy was still inside the house where the family stayed at that time).
*the alert was confirmed
outside the house;
Dead body scent dog:
*alerted to the car key;
Human blood detecting dog;
*alerted to the car key;
*alerted to the inside of the car's luggage compartment;
*NOTHING was detected by any of the dogs:
9. In all vehicles used
by the arguido [formal suspect] Robert M and by persons close to
him:
*NOTHING was found by any
of the dogs.
(In a total of ten
vehicles, the dead body scent dog and the blood scent dog only
alerted to the vehicle of the MC family, rented on May 27)
- Based on the
performance of the dog team, revealing the possibility of the
presence of a body in the apartment and in the vehicle used by the MC family, and in order to give Gerald MC and Kate H the
chance to have their position in the proceedings safeguarded, they
were named arguidos [formal suspects], merely due to the possibility
of their involvements with a possible body.
- The information
gathered at the beginning with the family and friends - a group made
up of a total of nine adult persons - reveals some disparities and
shows that it is necessary to determine with certainty the precise
way these facts have occurred.
- According to the parents
and to the other members of the Group's account, they went to have
dinner, all of them leaving their children, sleeping, in their own
apartments.
- We are aware that, a
posteriori, they got together in a meeting where they remembered the
rules referring to the continuous supervision of the children while
they were having dinner.
On ne saurait dire plus clairement que les règles du jeu ont été fixées après coup.
On ne saurait dire plus clairement que les règles du jeu ont été fixées après coup.
- The assumed version was
that someone in the group went to the apartments every 15 or 30
minutes to check if everything was all right with the children.
- There is some
inconsistency in the statements of the entire group in what concerns
some details, which should be better clarified, with a view to
determine rigorously the activity of the people that evening.
- Checks on the
children were made in two ways; one, only to hear if any of them was
crying (if there was silence it meant everything was all right), and
the other, to actually check on them.
- From the data in the
proceedings, we conclude that:
# MMC shall
have been last seen by third parties around 05.35 p.m.;
# After that time, she
shall only have been with her parents and was possibly (to be
confirmed) seen by the witness David Payne, around 07.00 p.m. inside
the apartment used by the MC family;
Où l'on voit que le procureur ne croit pas trop à la visite de DP. Mais a-t-il connaissance des curieuses dépositions écrites des Payne ?
# Afterwards, the witness
Matthew Oldfield, when checking on the MC children, around 09.30
p.m., and despite the fact that he entered the apartment, did not
have visual contact with MMC.
From this, we can conclude, in
an objective way and regarding the statements that were taken, the
following:
# If there was the
participation of third parties in the minor's disappearance: she
shall have been removed from the apartment between 09:15 p.m.
(approximately) - the time her father saw her - and 10:05 p.m.
(approximately) - the time her mother noticed she was missing.
Donc deux déclarations non indépendantes : le père, la mère.
# If her parents actually participated in the disappearance: the minor may have been removed between 05:35 p.m. and 10:05 p.m. (in case David Payne has not seen her around 07:00 p.m.; if he did, the time of her disappearance should be between 07:00 p.m. and 10:05 p.m.).
# If her parents actually participated in the disappearance: the minor may have been removed between 05:35 p.m. and 10:05 p.m. (in case David Payne has not seen her around 07:00 p.m.; if he did, the time of her disappearance should be between 07:00 p.m. and 10:05 p.m.).
Où l'on voit que l'implication possible des parents est clairement énoncée.
- Following the analysis
made to the information obtained from the statements, one of the
members of the group, Jane Tanner, became very important due to the
information she gave: she saw someone, at dinner time, around 09.15
p.m., crossing the street (en fait traversant le T formé par la rue FGM et la rue ADS qui...) that provides access to the main entrance
of the apartment towards Robert M's house, carrying a child.
La première localisation de Tannerman faite par Jane est différente. Le procureur en a-t-il connaissance ? De fait elle ne figure pas dans le rapport final de la PJ.
- We can also perceive
the lack of a consistent version about the alleged sighting of the
man carrying the child in what concerns Gerald MC's and Jane T's statements, as well as in what concerns Jeremy Wilkins'
witness statement, who was in that place, at the mentioned date and
time.
- Even the place where,
allegedly, they would have passed by each other is not very well
explained by none of them.
- Regarding all that has
been found out, the facts indicate that MMC's
disappearance took place, on the night of May 3rd, 2007, between
05.35 p.m. and 10.05 p.m., from inside the apartment 5A, in the Ocean
Club resort in Praia da Luz, used by the McCann couple and their
three children.
- Since there was an alert given by the two dogs (dead body scent/blood), behind the sofa
of the living room, it was possible to consider that MMC's dead body may have been in that place, which originated the
gathering of material to be subject to biological examination.
- According to a
preliminary, not final report made by the Forensic Science Service
(FSS) of Birmingham, England, there is cellular material in the
collected samples; however, the FSS do not definitely state that this
cellular material belongs to MMC.
- Besides the dead body
scent dog strongly alerted to the room where the MC couple used
to sleep.
Le procureur a raison de souligner cette alerte qui, n'ayant pas été confirmée par le chien "sang", montre que l'EVRD a réagi à l'odeur de cadavre.
- There was also a new
strong dead body scent alert given on KMC's clothes. Là non plus le chien "sang" n'a pas réagi.
- There was also a strong
dead body scent alert in the car used by the couple (since May 27th,
2007), along with the human blood detecting dog's alert to the
luggage compartment of that vehicle. Du sang a été trouvé sur la carte de démarrage.
- The before mentioned
FSS's Interim Report indicated that there are, resulting from the
examinations made to the luggage compartment, biological components
that may be compatible with the ones of the minor ; however, this
test does not definitely show that the traces originated in MMC's body.
- The dead body scent
dog, as well as the human blood detecting dog, also gave alert to the
key of the before mentioned vehicle. The Laboratory also confirmed
the existence of GMC's DNA in the key. Furthermore, this
last Alert was given by the dog's when the key was placed away from
the vehicle and in a place out of sight.
- We must point out as
well some contradictions regarding the MCs' account and some
other statements that were taken.
# The neighbour from the
apartment above said that on May 1st, she noticed MMC cried out
for an hour and fifteen minutes (between 10.45 p.m. and midnight). En fait Pamela Fenn a entendu un enfant, pas un moins de 3 ans, pleurer et appeler "Daddy".
# One of the cleaning
maids saw one of the siblings' cots in the couple's bedroom and the
other in the children's bedroom, which contradicts the arguidos'
(formal suspects) version, who assured that the cots were always in
the children's bedroom.
# The before mentioned
maid alleged that, when she was cleaning, the shutters were open,
since she noticed the light was entering. This was also denied by the
MC couple, who assured that they closed the shutters of MMC's bedroom since the first day and that's how they kept
them.
The group of friends,
duly identified and already interviewed, of the missing child's
parents was made up of :
1. DAVID ANTHONY PAYNE, Leicester
2. FIONA ELAINE PAYNE,
same address
3. DIANNE WEBSTER, living
in Bedford
4. RUSSELL JAMES O'BRIEN,
living in Exeter
5. JANE MICHELLE TANNER, same address
6. MATTHEW DAVID
OLDFIELD, living in London
7. RACHAEL MANPHILLY OLDFIELD, same address
- The undertaken
investigations also allowed to determine that on the night of the
events the formal suspects Gerald and Kate, as well as
the remaining group of friends, maintained telephone contacts,
sometimes insistently, either via sms, or by voice, with the
following phone numbers :
(List of 44 different
telephone numbers quoted in this part of the report)
- The Authorities of the
Untied Kingdom already have detailed knowledge of this inquiry, as
the Detective Superintendent Stuart Prior, from the Leicester Police,
was present during the investigations in Portugal.
The described behaviour
of the formal suspect(s) may fall within the following offence(s) :
Abduction, set forth and
punished by Section 160, Homicide, set forth and punished by Section
131, Exposure or Abandonment, set forth by Section 138, and Body
Concealment, set forth and punished by Section 254, (subsection 1,
paragraph a), of the Portuguese Criminal Code.
As this Letter of Request
is essential to find out and clarify the truth, we kindly request the
Judicial Authorities in the United Kingdom to interview the
following people, who shall clarify, chronologically and at once, as
first question, everything they did on May 3rd, 2007, between 5.30
p.m. and midnight.
In addition,
David Anthony Payne shall be asked the following :
David Anthony Payne shall be asked the following :
* At what time did you
return to the Ocean Club, on May 3rd, 2007, allegedly coming from the
beach, and where did you go to ?
* Were you at the tennis
courts ? If yes, whom did you talk to ?
* Did you go to the
apartment of the MC family between 6-00 p.m. and 7.00 p.m. ? If
yes, why ? Which way did you take ? At what time ? Did you enter the
apartment ? Whom did you talk to ? Did you talk to KMC ? If yes, did
you notice anything unusual ? How long did that conversation take ?
Did you see the children, including MMC ? What were the
children doing (sleeping, playing, or doing anything else) ?
* As the person who
organised this trip, were you aware of the baby listening service ?
Was this service available at night ? Until what time ? Was it free ?
* Did you travel to
Portugal with intercoms to monitor your children ? When you travel
with your children do you always use intercoms ? Have you suggested
this option to any member of the group ?
* At the apartment you
stayed in with your family at the Ocean Club, have you ever left the
doors or windows open ?
* On the day before the
disappearing of MMC, have you ever checked your children ? How
often ?
* Who is the user of the
mobile phone 447899XXXXXXX, with whom the below mentioned connections
were made, and what is the relationship between you and him/her ?
(List of 6 SMS calls to DP's number,
from 447899XXXXX and one
call to 447899XXXXXXX (the number mentioned above), all on the 4th
May 2007, quoted here. (The call to 44899XXXXXXX was at 10.38 p.m.
and has duration of 873 indicated)
* Who is the user of
mobile phone 447890XXXXXX, with whom the below mentioned connections
were made, and what is the relationship between you and him/her ?
(List of 4 calls from
44890, 2 sms and 2 calls quoted here. The incoming calls, x2,
durations were indicated
as 71 and 95)
* Who is the user of the
mobile phone 91722XXXX, from whom you received the below mentioned
text messages, and what is the relationship between you and him/her ?
(List of 2 sms calls from
above number quoted here)
* Who is the user of the
mobile phone 441706XXXXXX, with whom the below mentioned connections
were made, and what is the relationship between you and him/her ?
(List of three calls, 2
outgoing and 1 incoming, quoted here. The 2 outgoing had durations of
127 and 473. The incoming call has duration of 23. Sequence listed as
Outgoing, Incoming, Outgoing).
* Who is the user of
mobile phone 4418585XXXXXX, to whom you made the below mentioned
call, and what is the relationship between you and him/her ?
(List of single call,
outgoing to above number, with duration of 493 indicated)
* Who is the user of the
mobile phone 4420723XXXXXX, to whom you made the below mentioned
call, and what is the relationship between you and him/her ?
(List of single outgoing
call to above number with duration of 100 indicated)
* Who is the user of the
mobile phone 4477792XXXXXX, from whom you received the below
mentioned text message, and what is the relationship between you and
him/her ?
(List of single incoming
sms from above number quoted here)
* Who is the user of the
mobile phone 4477823XXXXXX, to whom you made the below mentioned
call, and what is the relationship between you and him/her ?
(List of single outgoing
call to above number, duration of 24 indicated)
* Do you recall a
meeting, which took place on May 4th, 2007, at approximately 9.00
a.m., with a British Citizen, Yvonne Martin, who acts as a Social
Worker ? What was the reason for this meeting ? Did you already know
this person ? If yes, from where and in what circumstances ? Did you
realise which her duties were ? If yes, did you advise the MCs
to turn to her ?
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
Questions posées par les arguidos (les mêmes pour tout le monde)
* For how long have you known the MCs ? What kind of relationship do you
have with the couple ?
* Have you ever visited the MCs at their home address, their children also being present ? How many
times?
* Had you already spent
holidays with them at any other time ? If yes, could you describe the way they took
care of the children in the evening/at night ?
* How often would you meet
the MCs during the holidays, between April 28th and May 3rd,
2007 ?
* How often would you see
their children, Madeleine, Sean and Amelie ?
* Have you ever felt you
had a reason to become somehow concerned about the children ?
* When was the last time
you saw Madeleine ?
* When did you see the MCs on Thursday, May 3rd ?
* At what time did you
arrive at the Tapas Restaurant on May 3rd ? Who was already there ?
* What were the MCs doing when you arrived ?
* Did you talk with the MCs ?
* How were they behaving
?
* Who left the table
during the meal, and why ?
* Did you see Gerald
leaving the table during the meal ? At what time ? For how long ?
What did Gerald say when he came back ? Was he behaving or acting
differently when he returned?
* Did you see Jane
leaving the table during the meal ? At what time ? How long was she absent ?
What did Jane say when she came back ? Was she behaving or acting
differently when she returned ?
* Did you see Matthew
leaving the table during the meal ? At what time ? How long was he absent ?
What did Matthew say when he came back ? Was he behaving or acting
differently when he returned ?
* Did you see Russell
leaving the table during the meal ? At what time ? How long was he absent ?
What did Russell say when he returned ? Was he behaving or acting
differently when he returned ?
* Did you see Kate
leaving the table during the meal ? At what time ? How long was she absent ?
What did Kate say when she returned ? How did she look like ? How was
she behaving ? Were you shocked by her words ? What did you do ?
* Did you get inside the MCs' apartment ? Did you enter the bedroom where the children were
sleeping ? Can you describe what you saw ? Did you see the twins ?
Did you notice anything unusual about them?
* What did you do next ?
Did you take part in the subsequent searches ? Who were you with?
* On realising that
Madeleine had not been found in the first 10 minutes, how did Kate
react?
* On realising that
Madeleine had not been found in the first 10 minutes, how did Gerald
react ?
* Considering that
Madeleine had disappeared, what do you think of their behaviour ?
* What did you do between 22:30 that night and 10:00 of the following day ? Who did
you see ?
* Who did you talk to ?
* When did you leave
Portugal ? How many times did you meet the MCs ? Do you think
they were showing a normal behaviour for parents who had lost a child
?
* During the holidays, did you happen to see the MCs talking with someone unknown ?
* During the holidays, did you see the MCs inside any car ?
* Is there any
supplementary explanation that you consider pertinent or relevant to
establish the material truth ?
Fiona Elaine Payne should
be asked the following questions :
* How did you check your
children ?
* Have you got an
intercom system ? If yes, do you usually use it when travelling ?
* At what time did you
come back from the beach on May 3rd, 2007 ? Where were you just after
returning ? Were you with your husband ? Where were you exactly
between 6.00 p.m. and 7.00 p.m. ? Do you know where your husband was
during this period of time ?
* If David was not with
you during this period of time, where did he go and with what
intention ?
* During your stay at the
Ocean Club holiday apartment did you ever leave your apartment doors
or windows open ?
* In the days prior to
Madeleine's disappearance did you ever check on your children ? How
often ?
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
* Is there any
supplementary explanation that you consider pertinent or relevant to
establish the material truth ?
Voir ci-dessus en jaune pâle "questions posées par les arguidos"
Dianne Webster should be
asked to chronologically clarify all the circumstances in which she
intervened on May 3rd, 2007, from 5.30 p.m. to midnight.
* Who is the user of the
phone number 447973XXXXXX ? Who is the calling party regarding the
below listed phone call, and what kind of relationship is there
between you and this person ? If this is a short message service,
then, who sent you this message ?
(Listed here, a single
incoming SMS message, dated 3rd May 2007, and timed at 7.30 p.m.)
* Whom did you talk with
on calling your home address - phone number - 441234XXXXXX thus
producing the following record ?
(Listed here, a single
outgoing call, dated 4th May, 2007, and timed at 00.34 hours, with a
duration of 478)
* Who was the user of the
phone number 447740XXXXXX, with whom you were phone connected as
shown below, and what kind of relationship is there between you and
this person ?
(Listed here, are details
of 7 incoming calls, dated 4th May, 2007, timed between 11.17 a.m.
and 12.03 p.m. 5 of which are SMS, and two timed calls of 476 and 305
duration. With 1 outgoing SMS, dated 4th May, 2007, timed at 12.06
p.m.)
* Who is the user of the
phone number 447899XXXXXX ? Who is the calling party regarding the
below listed phone calls, and what kind of relationship is there
between you and this person ?
(Listed here, are details
of 2 incoming calls, dated 4th May, 2007, and timed at 15.44 hours
and 15.51 hours. Duration shown as 107 and 139.)
* During your stay at the
Ocean Club holiday apartment, did you ever leave your apartment doors
or windows open ?
* In the days prior to MMC's disappearance did you ever check on your grandchildren ?
How often ?
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
Voir ci-dessus en jaune pâle "questions posées par les arguidos"
Russell James O'Brien should also be asked the following questions :
* At what time did you
arrive at the Tapas Restaurant in the evening of 3rd May, 2007 ?
* Were you alone or with
your wife ?
* Who was already sitting
at the table ?
* How and how often were
you checking on your children ?
* During that dinner on
3rd May, 2007, were you always at the table ? If not, where did you
go ? At what time ? How long were you absent ? How many times were
you absent ?
* After the alarm being
given what did you do ? Whom did you talk with ? Did you have any
photo of MMC in your possession ? If yes, who gave it to you
and what kind of photo was this ? Whom did you give the photo(s) ?
* Do you know who
informed the Authorities and the Media of Madeleine's disappearance ?
Do you know when those Authorities and the Media were informed of
Madeleine's disappearance ?
* Did you take part in
the searches ? With whom and how were the searches planned ?
* During your stay at the
Ocean Club holiday apartment, did you ever leave your apartment doors
or windows open ?
* In the days prior to MMCs disappearance did you ever check on your children ? How
often?
* Who is the user of the
phone number 447967XXXXXX (a phone number in common with Kate)
? Who was the called party regarding the below listed phone call and
what kind of relationship is there between you and this person ?
(Listed here, details of
a single incoming call, dated 4th May, 2007, at 7.43 p.m. With a
duration of 96.)
* Did the user of phone
number 447754XXXXXX, who activated antennas serving the Praia da Luz
area and whom you may have been introduced to by the user of the
phone number 447967XXXXXX, personally or telephonically contact you ?
What kind of relationship is there between you and that person ?
* Who is the user of the
phone number 447851XXXXXX form whom you received the below listed SMS
text message ? What kind of relationship is there between you and
that person ?
(Listed here, are details
of a single incoming SMS message. Dated 3rd May, 2007, and timed at
10.52 p.m.)
* Who is the user of the
phone number 441513XXXXXX to whom you made the below listed phone
calls ? What kind of relationship is there between you and that
person ?
(Listed here, are details
of 2 outgoing calls, dated 4th May, 2007, and timed at 8.13 a.m and
1.49 p.m, with durations of 169 and 213.)
* Who is the user of the
phone number 447785XXXXXX to whom you made the below listed phone
call ? What kind of relationship is there between you and that person
?
(Listed here, are details
of 1 outgoing call, dated 4th May, 2007, and timed at 10.52 a.m.,
with a duration of 13.)
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
Voir ci-dessus en jaune pâle "questions posées par les arguidos", sauf la question le concernant (remplacer Russell par Jane)
Jane Michelle Tanner should also be asked the following questions :
* At what time did you
arrive at the Tapas Restaurant in the evening of 3rd May, 2007 ?
* Did you arrive alone or
with your partner ?
* Who was already sitting
at the table ?
* How and how often were
you checking on your children ?
* During that dinner on
3rd May, 2007, were you always at table ? If not, where did you go ?
At what time ? How long were you absent and why ? How many times were
you absent ?
* At any given time
during dinner on 3rd May, 2007, were you absent along with your
partner Russell O'Brien?
* Did you check on the
children of any other couple ?
* Did you happen to see Gerald when checking on your children ? If yes, at what time did it
happen ? What was he doing ? Can you tell us the exact place where he
was/they were and his/their position (please mark or draw a sketch) ?
Did you not greet him by then ? At what precise distance did you pass
by Gerald ? Did you pass behind or in front of him ?
* Did Gerald or his
friend see you ? Where were you going ? Which way did you go ? Did
you pass in front of the window of MMC's bedroom ? Was this
window open or shut ? How were the shutters ?
* Where were you when you
saw a man carrying a child in his arms ? What time was it (if
possible, by the minute) ? What was the man wearing ? And the child ?
Are you sure this child
was MMC ? How would you describe the light and visibility
conditions by then ? Under such conditions do you think it might be
possible to give a detailed description of the man and the child ? At
what distance were you from the concerned man ? Did you only observe
crossing the street or did you keep on looking at him as he made his
way ? Did you hear his footsteps ? On reaching the street corner were
you curious enough to look back and get a view of the man ?
* In what direction did
the man go ? Did you see him get inside a car or a house ? Did you
find the situation unusual ? Do you recall any car passing by that
street ? If yes, why didn't you draw Gerald's attention to the
above-described sighting ? If you didn't find it unusual, why would
you recall the incident so accurately ?
* On your way back was
Gerald still where you had seen him before ? How long did you take to
get back to the Tapas Restaurant ? Which way did you go to get back ?
* Did you pass in front
of the window of MMC's bedroom again ? How were the window and
the shutters ? Did you happen to see someone on your way back ?
* After the alarm being
given about MMC going missing, why didn't you warn the MCs
immediately of the sighting involving that man ? How long after did
you tell someone about what you had seen and whom did you tell it ?
Did you report this incident to the Authorities or did you inform the
Media of it ?
* Who is the user of the
phone number 917XXXXXX (a phone number in common with Rachael
Manphilly) with whom you were phone connected as shown below, and
what kind of relationship is there between you and this person ?
(Listed here, are details
of 2 calls, 1 incoming, dated 4th May, 2007, and timed at 10.34 p.m.
with duration of 2, and 1 outgoing SMS, dated 4th May, 2007, and
timed at 11.21 p.m.)
* Who is the user of the
phone number 441271XXXXXX to whom you made the below listed phone
calls, and what kind of relationship is there between you and this
person ?
(Listed here, are details
of 2 outgoing calls, dated 4th May, 2007, and timed at 9.12 a.m and
10.08 p.m, with durations of 240 and 1304.)
* Who is the user of the
phone number 441392XXXXXX, with whom you were phone connected as
shown below, and what kind of relationship is there between you and
this person ?
(Listed here, are details
of 2 calls, 1 outgoing and 1 incoming, dated 2nd May, 2007, and timed
at 1.59 p.m and 2.33 p.m. respectively, with durations of 1 and 187.)
* Who is the user of the
phone number 447771XXXXXX, to whom you sent the below listed SMS text
message, and what kind of relationship is there between you and this
person ?
(Listed here, is a single
SMS call, dated 2nd May, 2007, and timed at 7.27 p.m.)
* Who is the user of the
phone number 447941XXXXXX, with whom you were phone connected as
shown below, and what kind of relationship is there between you and
this person ?
(Listed here, are details
of 1 incoming SMS call, dated 4th May, 2007, and timed at 10.23 p.m.
And 1 outgoing SMS call, dated 4th May, 2007, and timed at 10.38
p.m.)
* Who is the user of the
phone number 447946XXXXXX to whom you sent the below listed SMS text
message, and what kind of relationship is there between you and this
person ?
(Listed here, is a single
outgoing SMS call, dated 2nd May, 2007, and timed at 7.22 p.m.)
* Who is the user of the
phone number 447958XXXXXX, with whom you were phone connected as
shown below, and what kind of relationship is there between you and
this person ?
(Listed here, are details
of 2 SMS calls, 1 incoming, dated 2nd May, 2007, and timed at 8.21
a.m. And 1 outgoing, dated 2nd May, 2007, and timed at 10.05 a.m.)
* Who is the user of the
phone number 4412347XXXXXX to whom you made the below listed phone
calls, and what kind of relationship is there between you and this
person ?
(Listed here, are details
of 3 outgoing calls, dated 4th May, 2007, and timed at 00.11 a.m.,
00.20 a.m. and 00.21 a.m. respectively. Durations times of 6, 22, and
3.)
* Who is the user of the
phone number 447949XXXXXX to whom you sent the below listed SMS text
messages, and what kind of relationship is there between you and this
person ?
(Listed here, are details
of 2 outgoing SMS calls : 1 dated 3rd May, 2007, and timed at 10.30
p.m. and the other SMS call, dated 4th May, 2007, and timed at 9.04
a.m.)
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
Voir ci-dessus en jaune pâle "questions posées par les arguidos", sauf la question la concernant (remplacer Jane par Russell)
Matthew David Oldfield should also be asked the following questions :
* During that dinner, on 3rd May, 2007, were you always sitting at the table ? If not, where did you go ? At what time ? About how long were you absent ? Why ? How many times did you do that ?
* During that dinner, on 3rd May, 2007, were you always sitting at the table ? If not, where did you go ? At what time ? About how long were you absent ? Why ? How many times did you do that ?
* Were you at the MCs' apartment that night ? Why ? Did you go there voluntarily or
did anyone ask you to do it ? At what time did you go there ?
* How did you get into
the apartment ? Was the door/window open ? Were the curtains of that
door pulled back ? Did you close the door after getting in ? Was it a
windy night ? Did you feel a draught of air when you got in ?
* Were there any soft
lights on ? What did you immediately see as you got in ? Was the
children's bedroom door open ? Was there a light in that bedroom ?
Did you notice anything unusual, namely anything concerning the door,
the curtains, the window, the shutters or the light in the room ?
* Did you actually see
the 3 children ? Did you hear any noise ? Were the curtains waving ?
How much time were you inside the MCs' apartment ? How many
rooms did you walk through ?
* How did you get out of
the apartment ? Did you close the door ? While you went and came
back, did you see anybody, did you hear footsteps or car doors or
house doors being locked ? Where did you go to ?
* Did you at any time
leave the doors or the windows open, in the Ocean Club's apartment
you were staying in with your family ?
* In the days before MMC went missing, did you at any time check on your children ?
How often ?
* Who is the user of the
mobile phone number 447958XXXXXX, from whom you received the below
mentioned SMS text message ? What is the relationship between you and
him/her? After this contact, did anyone reach you personally or by
telephone following instructions from the user of this mobile phone ?
(Listed here, are details
of an incoming SMS call, dated 4th May, 2007, and timed at 00.08
a.m.)
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
Voir ci-dessus en jaune pâle "questions posées par les arguidos"
Rachael Mampilly Oldfield should also provide a chronological explanation regarding
everything she did on 3rd May, 2007, between 7.30 p.m. and midnight.
In addition to the above referred, she should be asked the following
:
* Who is the user of the
mobile phone number 9174XXXXX (a phone number in common with Jane
Tanner), from whom she receives the below mentioned phone call ? What
is the relationship between you and him/her?
(Listed here, is a single incoming call, dated 4th May, 2007, and timed at 10.38 p.m., with a duration of 2 minutes and 31 seconds)
* Who is the user of the mobile phone number 4478127XXXXX, with whom you exchanged the below mentioned SMS text messages ? What is the relationship between you and him/her ?
(Listed here, are details of 11 SMS text calls, 6 dated 2nd May, 2007, and 5 dated 4th May, 2007. 4 of 6 May 2nd SMS calls were incoming and the 2 others were outgoing. They were timed at between 9.57 a.m 1.12 p.m. Of the 5 SMS calls on the 4th May, 2007, 4 were incoming and the other was outgoing, and were timed at between 8.06 a.m. and 4.26 p.m.)
* Who is the user of the mobile phone number 4478170XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?
(Listed here, are details of 2 incoming SMS calls, and 1 incoming call, The first SMS call was timed at 11.33 a.m. on the 3rd May, 2007, and the other at 11.03 a.m. on the 4th May, 2007. The incoming call was dated 4th May, 2007, and was timed at 12.32 p.m. with a duration of 63.)
* Who is the user of the mobile phone number 4477686XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?
(Listed here, are details of 9 calls. The first 3 were calls and were dated 4th May, 2007, and the first was outgoing, timed at 1.42 p.m, with a duration of 75. The other 2 were incoming calls, timed at 1.58 p.m. and 2.22 p.m, with a duration of 6 minutes 58 seconds, and 125 respectively. The 6 SMS calls were dated 4th May, 2007, and were timed at between 8.57 a.m. and 12.39 p.m. Of these 6 SMS calls, 4 were incoming and 2 were outgoing.)
* Who is the user of the mobile phone number 445493701XXXXX, from whom you received the below mentioned phone call ? What is the relationship between you and him/her (Listed here, are details of 1 incoming call, dated 4th May, 2007, with a duration of 692.)
* Who is the user of the
mobile phone number 4479731XXXXX, to whom you made the below
mentioned phone calls ? What is the relationship between you and
him/her ?(Listed here, is a single incoming call, dated 4th May, 2007, and timed at 10.38 p.m., with a duration of 2 minutes and 31 seconds)
* Who is the user of the mobile phone number 4478127XXXXX, with whom you exchanged the below mentioned SMS text messages ? What is the relationship between you and him/her ?
(Listed here, are details of 11 SMS text calls, 6 dated 2nd May, 2007, and 5 dated 4th May, 2007. 4 of 6 May 2nd SMS calls were incoming and the 2 others were outgoing. They were timed at between 9.57 a.m 1.12 p.m. Of the 5 SMS calls on the 4th May, 2007, 4 were incoming and the other was outgoing, and were timed at between 8.06 a.m. and 4.26 p.m.)
* Who is the user of the mobile phone number 4478170XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?
(Listed here, are details of 2 incoming SMS calls, and 1 incoming call, The first SMS call was timed at 11.33 a.m. on the 3rd May, 2007, and the other at 11.03 a.m. on the 4th May, 2007. The incoming call was dated 4th May, 2007, and was timed at 12.32 p.m. with a duration of 63.)
* Who is the user of the mobile phone number 4477686XXXXX, with whom the below mentioned connections were made ? What is the relationship between you and him/her ?
(Listed here, are details of 9 calls. The first 3 were calls and were dated 4th May, 2007, and the first was outgoing, timed at 1.42 p.m, with a duration of 75. The other 2 were incoming calls, timed at 1.58 p.m. and 2.22 p.m, with a duration of 6 minutes 58 seconds, and 125 respectively. The 6 SMS calls were dated 4th May, 2007, and were timed at between 8.57 a.m. and 12.39 p.m. Of these 6 SMS calls, 4 were incoming and 2 were outgoing.)
* Who is the user of the mobile phone number 445493701XXXXX, from whom you received the below mentioned phone call ? What is the relationship between you and him/her (Listed here, are details of 1 incoming call, dated 4th May, 2007, with a duration of 692.)
After these contacts, did
anyone reach you personally or by telephone following instructions
from the user of this mobile phone ?
(Listed here, are details of 3 outgoing calls, 1 dated 2nd May, 2007, and timed at 9.57 a.m. with a duration of 101, and 2 outgoing calls dated 4th May, 2007, timed at 8.10 a.m. and 12.34 p.m. respectively, with durations of 49 seconds and 26.)
* Did you leave Praia da Luz on the night Madeleine went missing ? If yes, in which time period ? For how long ? Where did you go and why ? Did you meet anyone ? When you left, did you go with someone else ? Who was that person ? Did you use any means of transportation ? What time did you come back ?
* Did you at any time leave the doors or windows open in the Ocean Club's apartment you were staying in with your family ?
* In the days before MMC went missing, did you at any time check on your children ? How often ?
* Any further questions deemed useful, necessary or pertinent in view of the previous replies.
(Listed here, are details of 3 outgoing calls, 1 dated 2nd May, 2007, and timed at 9.57 a.m. with a duration of 101, and 2 outgoing calls dated 4th May, 2007, timed at 8.10 a.m. and 12.34 p.m. respectively, with durations of 49 seconds and 26.)
* Did you leave Praia da Luz on the night Madeleine went missing ? If yes, in which time period ? For how long ? Where did you go and why ? Did you meet anyone ? When you left, did you go with someone else ? Who was that person ? Did you use any means of transportation ? What time did you come back ?
* Did you at any time leave the doors or windows open in the Ocean Club's apartment you were staying in with your family ?
* In the days before MMC went missing, did you at any time check on your children ? How often ?
* Any further questions deemed useful, necessary or pertinent in view of the previous replies.
Voir ci-dessus en jaune pâle "questions posées par les arguidos"
* These 7 people should be expressly asked about their availability to travel to Portugal,
on a date yet to be set (as soon as possible), in order to re-enact the events occurred on May 3rd, 2007, between 5.30 p.m and 11.00 p.m. at the Ocean Club, with sound and image recording.
This should be requested
to all of them during the interviews.
* Interview to Kate Healy's father, Brian Healy - to be identified by the herein
Requested Authority. He should clarify his statements to the Media,
in which he admitted that KATE might have administered a medicine,
namely Calpol, in order to help the child or the children sleep.
He should be asked the
following questions : Aucune question ne lui a été posée, il a fourni un certificat médical d'incapacité.
* Did Kate actually
administer "Calpol" - Calpol Night - or any other medicine
to her children ? Do you know whether she administered any kind of
medicine to her children while on holiday in Portugal ?
* What for, and how
regularly did she do that ?
* How often did you
contact your grandchildren, and specially MMC ?
* Did you usually go to
your daughter's house to see your grandchildren or, on the contrary,
that usually happened somewhere else ?
* What was her parents' relationship with Madeleine ? Is she a very active child ?
Did she have any difficulty in sleeping ?
* Any further questions
deemed useful, necessary or pertinent in view of the previous
replies.
* Is there any
supplementary explanation that you consider pertinent or relevant to
establish the material truth ?
