Première partie ici
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. Il s'agit de la 3è time-line élaborée et signée par le groupe, remise d'abord au consulat.
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 983-984, 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.
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. Ce porteur d'enfant a été par la suite et par les forumeurs surnommé Tannerman. Mais l'heure n'est pas exacte, JT dit avoir vu Tannerman vers 21h15.
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 (Mémorandum ici et voir là) 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. Ce porteur d'enfant-là a été surnommé Smithman. Remarquer qu'il n'a pas été établi qu'à l'heure où la famille de Martin S a croisé Smithman (quelques minutes après 22h, la famille S ayant, selon Aoife S, quitté le Kelly's Bar à 22h), Gerald MC se trouvait au restaurant. Aucun employé de table n'a déclaré
qu'il s'y trouvait. Aucun non plus n'a déclaré qu'il ne s'y trouvait
pas. Indirectement deux membres du groupe ont admis qu'il était là
(puisque Kate s'est adressée à lui en lançant l'alarme). Cela dit, GMC se trouvait probablement à table quand l'alerte a été donnée, mais il n'était pas 22h, il était probablement 21h5/55.
The workers that carried out construction works in Vila da Luz were heard, pages 1650 -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 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 occurrence 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.
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:
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
* NOTHING at the house, was detected by any of the dogs;
p.40
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.
* 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).
p.42
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.
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 inquisition, 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.
* 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.
* 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).
p.42
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.
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 inquisition, 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.
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, 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.
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.
PF n'avait aucun moyen de savoir si l'enfant qui pleurait était MMC évidemment. Ce
qu'elle a déclaré, c'est que ce n'était pas un petit enfant, ce qui
excluait les jumeaux. Elle a dit aussi que l'enfant appelait "Daddy".
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.
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 led 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.
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.
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 led 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 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. Non !
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. 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.
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. 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.
Le rapport devrait indiquer que 1) les RSU étaient collectés tous les soirs entre minuit et 4h, sauf le dimanche, 2) personne n'arrêta le camion la nuit de la disparition , et 3) les poubelles furent inspectées (aucun détail de la manière de procéder dans les PJFiles) le 7 mai, soit après avoir été vidées trois fois.
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 inquisitions that came from the British Authorities, and the corresponding translations, were added, with an informative character.
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 inquisitions that came from the British Authorities, and the corresponding translations, were added, with an informative character.
Ces pages concernent des objets prélevés chez Robert M pour analyse.
On pages 3922 and 3923, a summary of the financial situation of the group, constituted by nine persons, can be found.
On pages 3922 and 3923, a summary of the financial situation of the group, constituted by nine persons, can be found.
Pour les TP7, indication de banque et cartes de crédit, mais pour les MC, pas de compte courant, pas de carte de crédit.
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.
Il ne semble vraiment pas que ce curé, qui ne parlait pas anglais, ait eu une relation étroite avec les MC. En revanche la famille du révérend canadien anglican Hubbard, arrivée à PDL trois jours après la disparition, eut une relation forte avec les MC.
On pages 3928 and following, another summary of the sequence of events, executed by the holiday group, was added.
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.
Il ne semble vraiment pas que ce curé, qui ne parlait pas anglais, ait eu une relation étroite avec les MC. En revanche la famille du révérend canadien anglican Hubbard, arrivée à PDL trois jours après la disparition, eut une relation forte avec les MC.
On pages 3928 and following, another summary of the sequence of events, executed by the holiday group, was added.
Il s'agit de la ligne de temps traduite en portugais élaborée et signée par les TP9.
The report on page 3998 and the inquisition on page 3459-a refer 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.
The report on page 3998 and the inquisition on page 3459-a refer 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.
Il s'agit du patron d'un bar qu'une amie des parents de Kate MC avait alerté, l'impression étant que la police ne se démenait pas.
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.
Le rapport ne dit pas que YM envoya une lettre anonyme à la limite de la délation concernant David P.
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 solicited by this agency, and the information that was given was subject to analysis and dismissal by this Police, pages 3434-a and following.
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.
Le rapport ne dit pas que YM envoya une lettre anonyme à la limite de la délation concernant David P.
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 solicited 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.
Le millionnaire du double vitrage, Brian Kennedy, découvrit cette agence et offrit de payer l'excédent, Madeleine's Fund payant les frais fixes.
From the tests and inspections that were carried out, a biological residue was collected which supposedly carried identification value. Faced with this, the same residue was sent to Interpol, in order to be compared with the compatible databases, page 3467-a.
Le millionnaire du double vitrage, Brian Kennedy, découvrit cette agence et offrit de payer l'excédent, Madeleine's Fund payant les frais fixes.
From the tests and inspections that were carried out, a biological residue was collected which supposedly carried identification 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. Jusqu'à 3576. C'est sur ce long document qui établit les questions à poser aux témoins sélectionnés, daté du 5 décembre 2007 et signé par l'inspecteur Joao Carlos, que s'appuiera le Ministère public pour rédiger la Lettre rogatoire.
Therefore, from page 3705-a to 3792-a the Rogatory Letter (in Portuguese) is appended, that was elaborated by the Public Ministry and dated 19.12.2007, based on what had been reported by the Polícia Judiciária, and from page 3795-a to 3822-a, a second rogatory letter, this time elaborated at the solicitation of arguidos GERALD McCANN and KATE HEALY.
Cette seconde lettre est la même que la première, mais y sont ajoutées à la fin les questions que les MC, comme témoins assistés, ont le droit de faire poser aux témoins. Selon la lettre rogatoire, la disparition de MMC a eu lieu entre 17h35 et 22h...
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 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. Jusqu'à 3576. C'est sur ce long document qui établit les questions à poser aux témoins sélectionnés, daté du 5 décembre 2007 et signé par l'inspecteur Joao Carlos, que s'appuiera le Ministère public pour rédiger la Lettre rogatoire.
Therefore, from page 3705-a to 3792-a the Rogatory Letter (in Portuguese) is appended, that was elaborated by the Public Ministry and dated 19.12.2007, based on what had been reported by the Polícia Judiciária, and from page 3795-a to 3822-a, a second rogatory letter, this time elaborated at the solicitation of arguidos GERALD McCANN and KATE HEALY.
Cette seconde lettre est la même que la première, mais y sont ajoutées à la fin les questions que les MC, comme témoins assistés, ont le droit de faire poser aux témoins. Selon la lettre rogatoire, la disparition de MMC a eu lieu entre 17h35 et 22h...
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.
Graham MK, celui qui a entendu Gerald MC parler de gang de pédophiles au téléphone, la nuit du 3 mai.
From pages 3932 to 3937, another witness alleged that she had seen GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM 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.
p.50
From pages 3932 to 3937, another witness alleged that she had seen GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM 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.
p.50
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.
Suspect surnommé Toothyman.
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.
Kate MC aussi lui trouva une ressemblance avec Tannerman, l'homme sans visage. Ces deux dames ont été les premières à insinuer que la PJ soupçonnait les MC non parce qu'il y avait des éléments contre eux, mais parce qu'il fallait absolument trouver un coupable...
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 [emphasis in the report], 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 [emphasis in the report] (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.
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.
Kate MC aussi lui trouva une ressemblance avec Tannerman, l'homme sans visage. Ces deux dames ont été les premières à insinuer que la PJ soupçonnait les MC non parce qu'il y avait des éléments contre eux, mais parce qu'il fallait absolument trouver un coupable...
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 [emphasis in the report], 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 [emphasis in the report] (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 page 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".
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, 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 INML (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 identification value.
The question concerning the
differentiating value of some haplotypes was immediately raised, -- [haplotype (Greek haploos =
single) is a combination of alleles at multiple loci that are
transmitted together on the same chromosome] -- , 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.
The question regarding the differentiating value of some haplotypes was immediately raised, namely in what concerns JT, which was located in a residence in Burgau, which should be clarified. In order to clarify this situation, a clarification was requested from this institute, which, in reply, is categorical in affirming that there are identical haplotypes in a significant percentage. This means that the hairs found in the residence, although having the same haplotype as JT, belong to another person.
La question de la valeur différenciatrice de certains haplotypes a été soulevée, notamment en ce qui concerne JT, qui se trouvait dans une maison à Burgau, ce qui devrait être clarifié. Afin de clarifier cette situation, une clarification a été demandée à l'institut, qui a répondu qu'il existe des haplotypes identiques les uns aux autres dans un pourcentage significatif. Cela signifie que les cheveux trouvés dans la résidence, bien qu'ayant le même haplotype que JT, appartiennent à une autre personnel.
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.
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.
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;
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- 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;
- 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.
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.
- 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;
- 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.
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, 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.
Seuls les MC habitent le Leicestershire.
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 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.
p.58
. 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).
. 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.
Les auditions rogatoires n'ont rien donné.
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 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.
Portimão, 20th of June 2007
Therefore, as we do not envision, at the present moment, the execution of 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.
Portimão, 20th of June 2007
