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| Gustave Doré - Le Petit Poucet |
Les premières questions
1) Detective Inspector Graham Michael >
Inspecteur Ricardo Paiva - 19.03.2008
Dear Ricardo,
I refer to our recent telephone call
conversations and can confirm that we will starting the interview
process w/c 7th April 2008. I hope the e-mail sent on Thursday 13th
March helps with your arrangements for your accommodation.
I am in receipt of your e-mail
regarding further questions for John Lowe at the FSS and I will
forward them for him to answer.
As discussed on Friday, we have made
contact with the holiday group (Paynes, Webster, O'Brien, Tanner,
Oldfield, Mampilly) regarding their availability for the proposed
dates for a re-enactment in Portugal. We are still awaiting response
from Jeremy Wilkins.
Before they will fully commit to
attending they have the following questions that they reguest are
answered:-
1 - Why do the PJ want them to take
part in the re-enactment?
2 - What is the aim, what are the PJ
trying to achieve with the re-enactment?
3 - Why so close to the anniversary?
4 - Why don't the PJ use actors?
5 - Will the footage of the
re-enactment be released to the press/TV etc?
6 - What protection is there for the
friends in relation to the media coverage/likely frenzy?
Would you please speak with the
Director regarding these questions and consider how you would like us
to respond. I would be grateful for a prompt response as this will
hopefully ensure that the witnesses are available to attend.
Yours Sincerely
2) R. Paiva > G. Michael/Chief
Inspector Stuart Prior - 20 .03.2008
Hello good morning Mick.
In answer to the questions raised by
the holiday group regarding the re-enactment in Praia da Luz, Mr
Paulo Rebelo wishes to clarify them as follows:
1 - Why do the PJ want them to take
part in the re-enactment?
The PJ wants them to take part in the
re-enactment because they were the ones who experienced the
situation. Therefore they are in the best conditions to reproduce it.
2 - What is the aim, what are the PJ
trying to achieve with the re-enactment?
The PJ is trying to find out, with
accuracy, the circunstances of the events occurred, using for that
purpose the exact place of events and the same persons who took part
in it.
3 - Why so close to the anniversary?
Only now has the PJ contitions to carry
out these procedings, and also because it is desirable that the
weather conditions are as similar as possible to those at the time of
the events.
4 - Why don't the PJ use actors?
The reason is because only the persons
involved can clarify, with accuracy and at the same place, their
position and movements.
5 - Will the footageof the re-enactment
be released to the press/TV etc?
The PJ won't release any
pictures/footage to the press.
6 - What protection is there for the
friends in relation to the media coverage/like frenzy?
The place will be isolated and press
interference will be avoided to its maximum.
The re-enactment will be carried out in
one single day, at the exact time the events occurred.
However, the witnesses are requested to
stay in Portugal for a couple of days more, in order to allow the
production of all the material which shall be analysed, checked and
signed by the persons involved.
Best regards.
3) G.Michael / cc. S. Prior, Gary
Watts, Nigel Baraclough > R. Paiva – 28.03.2008
Dear Ricardo,
An update for you, as discussed this
morning;
We have spoken on a number of ocasions
with the holiday group and they are still undecided whether they will
agree to attend Portugal to take part in this process.
As a group, they are waiting to see if
Gerry and Kate McCann will be invited to attend and participate in
the re-enactment. It is my understanding that if Gerry and Kate do
not participate in this process, then the decision will be that they
will not attend.
In addition, the group have stated that
they would require written reassurances about how the process was
going to be conducted before agreeing to attend.
Therefore, until these issues are
resolved we are unable to get a firm commitment from the holiday
group to attend on either of the proposed dates.
4) Coordinator Paulo Rebelo > S.
Prior concerning questions from the TP7 – 15.04.2008
Dear Stuart,
As previously agreed, here I send the
answers to the questions raised by the holidaying group and Jeremy
Wilkins regarding the re-inactment.
I also inform you, about the matter of
Gerald McCann's credit cards intelligence, that the Prosecutor is not
available to make any more changes to the LOR.
Thank you very much, again, for your
fantastic cooperation.
Pièce jointe avec les réponses aux
questions soulevées par les témoins sur la reconstitution projetée.
As agreed during our visit to Leicester
last week, and in order to provide an answer to the questions raised
by various witnesses in the investigation into the disappearance of
the minor Madeleine McCann, regarding the possibility of carrying out
a re-enactment on the site of the events, I shall inform you of the
following:
1 – Regarding the arguido or formal
suspect status of Gerald McCann and Kate McCann, it is not the PJ’s
competence to take the decision on the respective clearance. Thus, it
is not possible to ensure the arguido status will be changed;
2 – There is no need for the
witnesses to be accompanied by their children. For efficiency and
celerity purposes, we indeed request that the children don’t
accompany their parents;
3 – The re-enactment, within the LOR,
shall take place probably on May 15, 2008, between 5.30 p.m. and 11
p.m., thus covering the time period before dinner, dinner time and
about an hour after having checked that the child had gone missing;
4 – A postponing of the re-enactment
will only happen if the weather conditions are extremely bad, once
the sites where most part of the events took place weren’t exposed
to such conditions. We also add the draft agenda to the proceedings,
which we plan to be as follows:
- May 15 – In the morning – Arrival
to Portugal of the participants in the proceedings;
- - In the afternoon – The
re-enactment
- May 16 – During the day –
Preparation, by the PJ, of the records and documents of the
proceedings which will be displayed, reviewed and signed by the
participants;
- May 17 – In the morning or in the
afternoon – Departure of the participants.
5 – The re-enactment will be carried
out with the attendance of the nine holidaying friends, as well as,
incidentally, any figurant considered to be necessary for a
visualization of the events, i.e. a man carrying a child;
6 – The re-enactment site will be
isolated, as much as possible, in order to preserve the security and
the integrity of the proceedings. However, we can neither assure the
evacuation of the population, nor guarantee the press won't interfere
out of the security perimeter which will be established. Thus, we
will do our best efforts to try and avoid picture taking by the
press. However, we can not completely ensure that won't happen;
7 – The re-enactment will only turn
out to be efficient if performed by the participants in the events,
once the information provided by the same participants needs to be
tested and efficiently compared on-site, and that can only be
achieved by means of their own performances. Thus, the possibility of
using actors has to be put aside;
8 – The request for the presence of
witnesses was submitted through the LOR; the notification for the
attendance of the arguidos falls under the competence of the Public
Prosecutor's Office;
9 – If it is their wish, the
witnesses can be assisted by the Foreign Office and, in the
proceedings, also by a legal representative, subject to the consent
of the Public Prosecutor's Office. Within the scope of the
cooperation that has been taking place, the Leicestershire Police has
already been invited to be present in the proceedings;
10 – If the conditions to make the
re-enactments are achieved, the payments of participants’ airfares
and the stay costs will be subject of later evaluation;
11 – The PJ will be responsible for
ensuring personal security for all the participants in the
proceedings and will facilitate transfers from and to the airport,
and from and to the proceedings. The PJ does not foresee any hostile
environment or the occurrence of events able to put the participants'
physical and psychological integrity at risk;
12 – The witnesses will be invited to
participate in the re-enactment, but there are no suspicions over
them regarding the commission of any criminal acts;
13 – The translation services of
these inquiry proceedings will be provided by private officers of the
PJ;
14 – The PJ considers this
re-enactment to be highly important, and hopes the witnesses show
their total cooperation, as they have been doing so far, towards
finding out the truth.
We hope we have provided the answers to
all the questions raised by the participants and, for logistics and
case preparation purposes, we kindly request to be informed about the
participants' respective answers until April 25, 2008.
A decision is requested and the
witnesses respond negatively
5) S. Prior > Rachael and Matthew
Oldfield – 17.04.2008
Dear Rachael and Matthew,
As you are aware I had the opportunity
to discuss the proposed re-enactment in Portugal, of Madeleine's
disappearance with the PJ Director and Senior Investigating Officer
Paulo Rebelo. I explained the concerns that you and the other
holidaying friends had raised over your involvement in this
re-enactment.
He informed me that he would consider
the comments that each of you made and would discuss these issues
with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do
this and has forwarded the attached document to me which explains the
Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of
this response to each of you.
I trust that these answers will assist
you and the others in reaching a decision as to whether you intend to
participate in the proposed re-enactment.
If you wish to discuss this further
then please do not hesitate in getting in touch with myself.
6) Rachael and Matthew Oldfield > S.
Prior – 23.04.2008
Dear Stuart,
Thank you for your e-mail and the
attached response from the PJ.
We remain unconvinced that this
reconstruction is necessary. Our most
significant question hasn't been
answered, ie, how is it going to help find Madeleine/materially
benefit the search for her?
Point 14 of the PJ's response says that
they consider this re-enactment "highly important". Why is
that? What are they really trying to get out of a reconstruction?
Either they believe our version of the
events of May 3rd 2007, or they don't. If they do, why the need for a
reconstruction? If they don't believe us, do they want a
reconstruction so we can convince them otherwise?
If the purpose of a reconstruction is
to convince the Prosecutor to lift Kate and Gerry's arguido status
then we would consider taking part in it. If it is to properly focus
the investigation on the person seen carrying a child away from the
apartment, again, we would consider taking part because that would
help to find Madeleine.
We just need to be properly convinced
of the reasons for doing a re-enactment.
We know you are the middle man in all
this but we are sorry for more questions !
Please give either of us a call if you
would like to talk through the above. Also if you feel this e-mail
should be forwarded to the PJ please could you let us know.
Many thanks, Kind regards,
7) S. Prior > R. Paiva –
24.04.2008
Ricardo,
This is the first reply received from
the friends of the McCann's.
It seems to be the same as when you
were in the UK that Rachael and Matthew would be willing to attend if
they are satisfied as to the purpose of the re-enactment but clearly
do not feel the previous answers from Paulo cover their questions.
Could you please discuss the attached
e-mail with Paulo, see if any further answers can be clarified and
get back to me.
Thanks,
8) S. Prior > Fiona Payne, David
Payne and Dianne Webster – 16.04.2008
Dear Fiona, Dianne and David,
As you are aware I had the opportunity
to discuss the proposed re-enactment in Portugal, of Madeleine's
disappearance with the PJ Director and Senior Investigating Officer
Paulo Rebelo. I explained the concerns that you and the other
holidaying friends had raised over your involvement in this
re-enactment.
He informed me that he would consider
the comments that each of you made and would discuss these issues
with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do
this and has forwarded the attached document to me which explains the
Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of
this response to each of you.
I trust that these answers will assist
you and the others in reaching a decision as to whether you intend to
participate in the proposed re-enactment.
If you wish to discuss this further
then please do not hesitate in getting in touch with myself.
9) Fiona and David Payne > S. Prior
– 25.04.2008
Dear Stuart,
We have deliberated an awful lot about
whether we should participate in the re-enactment or not. It is not
an easy decision as nothing about this case is straightforward.
We appreciated that Paulo Rebelo
attempted to answer many of our concerns however we are still left
feeling very uncertain of the motives in organising a re-enactment.
What information are they hoping to gain and how exactly is it going
to help in moving the investigation on in a positive direction? As
you know, we feel we would be making ourselves and our families
extremely vulnerable by returning to Portugal and would like to be
persuaded that doing this would be wholly beneficial to the
investigation....and FINDING MADELEINE. As yet we remain unconvinced.
We remain open to further discussion
regarding this key issue.
Please feel free to call if you would
like to discuss this in person.
Many kind regards,
10) S. Prior > R. Paiva –
28.04.2008
Ricardo
As with the others, seems that they
would be prepared to attend if the questions they ask are satisfied.
11) Russell O'Brien and Jane Tanner >
S. Prior - 25 .04.2008
Dear Stuart,
Please find attached our reply to Mr
Rebelo's letter. Thanks for forwarding this on our continued concerns
regarding the re-enactment.
I hope the rest of the interviews went
well and thanks for arranging them in such a sensitive manner for us.
Hope you are well,
Pièce jointe datée du 23.04.2008
It is somewhat reassuring to see in
writing from the PJ that there are "no suspicions over [us]
regarding the commission of any criminal acts." However, we
heard something similar in the weeks before Kate and Gerry were made
arguidos! Additionally, the thrust of the PJ's closed questions
during the re-interviews seemed only to focus on Kate and Gerry's
culpability, suspicion about our written timeline or who involved the
media.
After a year of lies, accusations and
intrusion, I am sure that the Mr Rebelo can appreciate our complete
revulsion at what Kate and Gerry have been forced to endure.
Furthermore, we cannot help but feel that the re-interviews and
re-enactment are all too little and far too late.
However, the last thing we would ever
want is a standoff between us and the PJ, something that would only
delight and benefit the press. Kate and Gerry desperately need the
cloud of suspicion over them to be emphatically lifted, and the PJ
need to complete their investigation. We also appreciate the legal
obstacles to removing Kate and Gerry's arguido status, but would
request that prior to us agreeing to the re-enactment the PJ:
• publicly dispels the damaging and
disturbing lies churned out by the Portuguese press regarding alleged
changes to statements, re-interviews or alleged lack of co-operation.
• publicly states there are "no
suspicions over [us] regarding the commission of any criminal acts."
This in no way compromises judicial secrecy.
This in no way compromises judicial
secrecy. But without some official intervention on their part, a
return for the re-enactment seems little more than a perfect
opportunity for the press to speculate and libel us all once again.
We are very keen to help an
investigation aiming to establish what's happened to Madeleine, but
have no desire to assist one that seeks only to damn our innocent
friends. By actively restoring the focus on Madeleine and robustly
dispelling the countless speculation, the PJ can expect our continued
co- operation.
Yours sincerely,
PS: We certainly do not request any
specific reimbursement for travel or accommodation.
12) S. Prior > R. Paiva –
28.04.2008
Ricardo, the final reply.
Sorry for the slight delay but
something came up.
Again they seem to be saying that if
certain questions are answered and issues resolved they would be
willing to attend.
Give me a call when you have read the 3
replies.
13) S. Prior > Jeremy Wilkins –
16.04.2008
Dear Jeremy,
As you are aware I had the opportunity
to discuss the proposed re-enactment in Portugal, of Madeleine's
disappearance with the PJ Director and Senior Investigating Officer
Paulo Rebelo. I explained the concerns that you and the other
holidaying friends had raised over your involvement in this
re-enactment.
He informed me that he would consider
the comments that each of you made and would discuss these issues
with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do
this and has forwarded the attached document to me which explains the
Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of
this response to each of you.
I trust that these answers will assist
you and the others in reaching a decision as to whether you intend to
participate in the proposed re-enactment.
If you wish to discuss this further
then please do not hesitate in getting in touch with myself.
14) J. Wilkins > S. Prior –
16.04.2008
Thanks Stuart,
As discussed with your colleagues last
week I still feel reluctant to agree to this for a number of reasons
including family and work commitments, the likelyhood of media
intrusion and a lack of information about anything tangible or
constructive that is likely to be achieved by doing this.
I am happy to discuss furthe if
necessary.
15) S. Prior > R. Paiva -
24.04.2008
Ricardo
here is Jes's reply
spk soon
The PJ respond to the reluctant
witnesses with a deadline
16) P. Rebelo > S. Prior –
29.04.2008
Dear Stuart,
In Portugal, the criminal investigation
is conducted by the Polícia Judiciária, under the supervision of
the Public Prosecutor's Office.
The competence to evaluate the interest
and need for the performance of any criminal inquiry acts lies with
these two entities, not with the witnesses.
In fact, according to Portuguese law
(article 132, section 1, subsection a) of the Code of Criminal
Procedure), whenever a witness summons is served, the witness is
compelled to attend the authorities so that any action mentioned in
the summons may take place.
Following the messages sent by the
witnesses, I hereby inform you that both the PJ and the Public
Prosecutor responsible for the investigation consider all the
questions and doubts previously raised by the witnesses to have been
properly answered.
Therefore, in this context and in a
clear way, could the witnesses inform you, by noon tomorrow, if they
will attend (or not attend) the re-enactment.
Thanks once again for your valuable
cooperation.
Best regards
The witnesses respond
17) Russell O'Brien and Jane Tanner >
S. Prior – 30.04.2008
Dear Stuart,
Thank you for your detailed phone call
yesterday evening.
We write regarding Mr Rebelo's request
for a decision by noon today. Jane and I agree in principle to
participate in the re-enactment. However, given the change in nature
of the request, we feel it is necessary to seek additional Legal
Advice to advise us on this course of action.
Yours,
18) S. Prior > R. Paiva –
30.04.2008
Ricardo
This is the first of the replies. It
implies that after Legal Advice is sought then Jane and Russell would
be prepared to take part.
Give me a call
19) S. Prior > Rachael and Matthew
Oldfield – 30.04.2008
Dear Rachael and Matthew,
This is the response that I have
received from Paulo Rebelo, the Officer leading the Portuguese
Investigation, following the issues that you and your friends raised
in relation to the proposed re-enactment and his earlier replies.
I will call you shortly to discuss this
further,
Thanks
20) Rachael and Matthew Oldfield >
S. Prior – 30.04.2008
Dear Stuart,
Thank you for the e-mail and your voice
message yesterday evening. The tone of the reply from Portugal has
changed and Matthew and I feel we need to take Legal Advice before
making a commitment to return to Portugal.
In any event, it will now be impossible
for us to make the 15th to 17th May.
We would be grateful if you could get
other dates from the Portuguese when the reconstruction could take
place.
We will speak to our Lawyer and come
back to you in due course.
Please give me a call if you wish to
discuss.
Kind regards,
Yours Sincerely,
21) S. Prior > R. Paiva –
30.04.2008
Ricardo
This is the reply from Rachael and
Matthew. It implies that after Legal Advice is sought then Rachel and
Matthew may be prepared to take part but are unable to do the dates
the 15th to the 17th May 2008.
Give me a call
22) S. Prior > Fiona Payne, David
Payne and Dianne Webster – 30.04.2008
Dear Fiona, David and Dianne,
This is the response that I have
received from paulo Rebelo, the Officer leading the Portuguese
Investigation, following the issues that you and your friends raised
in relation to the proposed re-enactment and his earlier replies.
I will call you shortly to discuss this
further,
Thanks
23) Fiona and David Payne > S. Prior
– 30.04.2008
Dear Stuart,
Thank you for your e-mail. We did get
your message on my phone also.
Having read the attached letter, there
appears to be a shift in the nature and the tone of the request for
the re-enactment from something informal and friendly to a formal
summons. We do not understand the laws that are being quoted and thus
feel it is essential to seek legal advice.
We want to make it absolutely clear
that we are NOT refusing to take part in this re-enactment.
Kind regards
24) S. Prior > R. Paiva –
30.04.2008
Ricardo
This is the reply from Fiona, David and
Dianne.
It implies that after legal advice is
sought then Rachael and Matthew may be prepared to take part.
They make it clear that they are not
refusing to take part.
Give me a call
[Note: The original text of this email
refers to 'Rachael and Matthew', who 'may be prepared to take part'.
This is clearly an error on Mr Prior's part, and should have read
'Fiona, David and Dianne']
25) S. Prior > J. Wilkins –
29.04.2008
Dear Jes,
This is the response that I have
received from Paulo Rebelo, the Officer leading the Portuguese
Investigation, following the issues that you and your friends raised
in relation to the proposed re-enactment and his earlier replies.
I will call you shortly to discuss this
further,
Thanks
26) J. Wilkins W S. Prior –
30.04.2008
Thanks for this and for your message.
I'm not sure what they mean by
witnesses' being compelled to attend as my understanding is that I am
under no obligation?
My position remains the same really. As
you mentioned in your message last night if everyone else is on board
and I am the only outstanding person saying no I would be more likely
to reconsider.
Feel free to call me if you wish to
discuss it further.
Best
27) S. Prior > R. Paiva –
30.04.2008
Ricardo
This is the reply from Jes.
It implies that if each of the other
witnesses' are going to take part then Jes will consider his position
as to whether he will attend or not.
Give me a call
The Prosecutor's decision regarding the
reconstruction
28) P. Rebelo > S. Prior –
06.05.2008
Dear Stuart,
Here we send you the Prosecutor's
decision regarding the re-enactment.
We kindly request you to notify the
witnesses, officially, and we also request confirmation of its
receipt by the witnesses.
Thank you again for your cooperation.
P.S. At this moment, we have our e-mail
system unavailable. As soon as possible, we'll send the notifications
in that way, in Portuguese and English.
Legal details regarding the
reconstruction and Portuguese law
The re-enactment of the fact is a
procedure set forth in the Portuguese Law (Section 150 of the
Portuguese Code of Criminal Procedure, which is below given as part
of this order) and consists of re-enacting, as accurately as
possible, the
situation where an event is said or is
supposed to have occurred, and it also consists of repeating the way
it has happened.
The re-enactment has, in this inquiry,
a rather particular nature, taking into account that it aims at
re-enacting facts occurred about a year ago, by means of a proximity
to the situation in which they occurred, and also being aware of the
inconvenience that a trip to Portugal
might represent to a group of British Citizens, although knowing that
it represents a milestone of solidarity among friends and towards
friends who find themselves in a particularly painful and difficult
situation.
It shall also be noted that, although
this procedure is considered to be very important to the
investigation, it will only take place if all the below mentioned
witnesses are present, considering that the arguidos (formal
suspects) have already shown they are available to participate in the
re-enactment.
The purpose is to gather all the
participants - the arguidos Gerald McCann and Kate Healy, the
witnesses who were having dinner at the Tapas Restaurant on 3rd May
2007, and who took turns to check on their children who were sleeping
in the
respective apartments, as well as
another witness who spoke with the arguido Gerald, who will perform
what they did on the abovementioned date, as accurately as they
recall, so that what is in their written statements can be confirmed.
This will allow conclusions to be drawn on how things happened on
site, thus making adjustments that will allow the investigation to
determine the need for any supplemental procedure.
The re-enactment that shall have the
participation of the abovementioned group of people, as well as of
any character whose figurative presence might be necessary to the
visualization of the events, shall take place on 15th May, between
5.30 p.m. and 11.00 p.m. On 16th May all the procedure shall be
formalized, according to what had already been settled for this date
and considering that all the participants meant to be present have
already been informed accordingly. This cannot be subject to any
change due to the time and place where the procedure shall take
place.
The re-enactment will be performed at
the space of the abovementioned Restaurant, Block of Apartments where
the facts occurred on that date, and in the surrounding area, and it
will be carried out by the Policia Judiciária, with the respective
video recording and with the cooperation of the Police Authorities
required by the PJ.
The arguidos Gerald and Kate shall be
notified through their Legal Representatives. The notification of the
witnesses David Anthony Payne, Fiona Elaine Payne, Dianne Webster,
Russell James O'Brien, Jane Michelle Tanner, Matthew David Oldfield,
Rachael Mariamma Jean Mampilly and Jeremy Wilkins shall be made with
the cooperation of the British Police, at Policia Judiciária's
request.
Each notified person shall receive a
copy of this Order - concerning the re-enactment.
Proceed accordingly.
APPENDIX - Copy of Section 150 of the
Portuguese Code of Criminal Procedure
Of the re-enactment of events
Section 150
Assumptions and Procedure
1- A re-enactment of events is
admissible whenever deemed necessary to ascertain whether a fact
could have occurred in a determined way. This consists of
reproducing, as accurately as possible, the situation in which the
fact is said to have occurred or is supposed to have occurred, as
well as of repeating the way it has happened.
2- The Order requring the re-enactment
of the fact shall bear a short indication as to it's object, date,
time and place where the procedure shall take place as well as to the
way it will be carried out, eventually using audiovisual means. The
same Order shall appoint experts to carry out specific operations.
3- Publicity of the proceedings shall
be avoided as much as possible.
The witnesses are notified of the
Prosecutor's decision
(Example of letter sent to witnesses)
29) S. Prior > Fiona and David Payne
and Dianne Webster – 07.05.2008
Dear Fiona, David and Dianne,
I have received the attached document
from Portugal concerning the request for you to attend the proposed
re-enactment on the 15th and the 16th May, 2008. I would like to
confirm that this e-mail should not be considered the service of the
formal notification, but due to the short time scales involved is a
notification to enable you to consider it's contents. The document
will be formally sent to you by the Portuguese.
The request outlines the reasons for
the process and the Legal justification as is appropriate for persons
residing in Portugal.
After you have considered this e-mail,
they have requested that if possible you confirm via e-mail to
myself, whether you will be attending or not to assist with their
planning of the event. I guess this will be after you have consulted
your Legal team. I have already relayed your previous responses to
the Portuguese and explained that you would get back to me after
taking Legal Advice.
They again confirm that if any of the
witnesses do not wish to attend then the re-enactment will not go
ahead, but I also appreciate that Rachael and Matthew have indicated
a difficulty with the 15th and the 16th May, 2008.
Likewise I have been advised by the
Portuguese that they have no Legal Powers to order you to attend and
there will be no penalty if you do not do so.
Please do not hesitate to contact me if
you wish to discuss this further.
The witnesses respond to the
Prosecutor's decision
30) Jane Tanner > S. Prior –
08.05.2008
Dear Stuart,
Thanks for your call last night.
I spoke with Rachel last night who is
chasing Brian Spiro for a response to our legal queries. We are
hoping to have that today.
Until then we cannot give a definitive
answer. Hoever I believe Matt and Rachael cannot do that date, so it
may be immaterial anyway!
I would just like like to reiterate
what I said last night, in that it is so sad we have to consider so
many peripheral issues rather than just doing everything we can do to
help find Madeleine.
Thanks and regards.
31) Rachael Oldfield > S. Prior –
10.05.2008
Dear Stuart,
Further to our recent emails, Matthew
and I have made the decision not to return to Portugal for the
proposed re-enactment on 15th/16th May 2008.
We will respond to the formal
notification when we receive it as well.
If you need anything further from us,
please do not hesitate to give me a call.
Kind regards.
32) Russell O'Brien > S. Prior –
10.05.2008
Dear Stuart,
Apologies for the late reply.
We gather now that at least Jez
Wilkins, Matt and Rach and Dave/Fi are not going/able to make the
re-enactment. Given the prosecutor's requirement for all to be in
attendance or none at all, and the absolute nature of the planned
date, the decision appears to be academic...
I hope you are well.
Best wishes,
33) Fiona and David Payne, and Diane
Webster > S. Prior – 12.05.2008
Dear Stuart,
We have now had time to consider the
advice received from our legal team. Taking into account the advice
given along with our many concerns previously mentioned to you; we
feel we are unable to participate in the propoed (sic) re-enactment
in Portugal.
Kind regards
34) S. Prior > R. Paiva –
12.05.2008
Ricardo
and another one
The Oldfields respond to proposed date
change and Summons
35) Rachael and Matthew Oldfield >
Ministerio Publico (réponse à sommation) – 23.05.2008
Please see attached letters in response
to the summons we have received.
Please acknowledge receipt.
Many thanks.
Pièce jointe de Matthew Oldfield
Dear Sir,
I write with reference to the
Notification dated 9th May 2008, which I received on Saturday 17th
May 2008.
I am hereby informing you that I will
not be attending the proposed Reconstitution in Portugal on 29th and
30th May 2008. I have reached this decision after considering advice
from our lawyers.
Yours faithfully,
Pièce jointe de Rachael Oldfield
Dear Sir,
I write with reference to the
Notification dated 9th May 2008, which I received on Saturday 17th
May 2008.
I am hereby informing you that I will
not be attending the proposed Reconstitution in Portugal on 29th and
30th May 2008. I have reached this decision after considering advice
from our lawyers.
Yours faithfully,
The reconstruction is cancelled
36) P. Rebelo > S. Prior –
27.05.2008
Dear Stuart:
As agreed, here I send the Prosecutor's
decision regarding the re-enactment cancelation. In a few words, it
says that due the absence of the witnesses Matthew Oldfield, Rachael
Mampilly, Russell O'Brien and Jane Tanner, there are no conditions to
perform the diligence.
I kindly request you to urgently
transmit this decision to each one of the witnesses (Matthew,
Rachael, Russell, Jane, Dianne, David, Fiona and Jeremy).
Thank you, again, for your cooperation.
