During that time Gerry and Kate's solicitor, Ms Ann Thomas of The
International Family Law Group, who sits in front of me, had already been retained. Her firm’s number was publicised
and a large number of people called in.
All of these callers were given the number which the Leicestershire
Constabulary had set up for the purpose. The solicitors thought it right that the police should be receiving it. In fact with
few exceptions the solicitors did not even retain any notes on what the callers were saying or even their contact details.
So what the Chief Constable is now voluntarily providing is the contact
details and a summary of the information provided by a substantial number of people who were among the first to try to help
the investigation. It is because these were on the whole people who came forward to volunteer
information in the period immediately after the abduction that it is likely that the information which they provided will
be most helpful.
So on that basis Gerry and Kate McCann are content to withdraw their application for any wider disclosure.
Paragraph 4 of the Order provides that the documents in the case shall remain confidential to the Court. This of course is
completely normal in wardship. An exception is made
to enable the Chief Constable at his discretion to reveal the contents
of his evidence and the legal arguments advanced on his behalf.
The parents understand that the points of principle which have arisen are of wider interest to law
enforcement agencies, and they would not want to restrict proper discussion of those matters which might have a beneficial
purpose in future investigations. They are confident that the Chief Constable will exercise his discretion in a responsible
way.
The search for Madeleine continues. The fund which was established in May 2007 known as "Madeleine's
Fund – Leaving No Stone Unturned" remains closely involved in the search. It always
has been and remains Gerry and
Kate's purpose to leave no stone unturned. This was why they asked for the assistance of this Court in the first place, and
this is why, in the light of developing circumstances, they now withdraw their application. We hope that you will accept,
and will feel able to say that they have behaved completely properly and responsibly at every stage.
Tim Scott Q.C.
Phillippa Kaufmann
The International Family Law Group
For Gerry and Kate
McCann
The following two transcripts are from an eye-witness account of the proceedings by 'emma2',
sections confirmed in various press reports:
Mr James Lewis QC, for the Chief Constable of Leicestershire:
We would like you to approve the Order. As the Court heard, any person served with the Order should disclose
any information that would help to find Madeleine. We wish to make it clear that the primary aim is to ensure that no
stone is left unturned.
There must be a balance between the rights of Plaintiffs to have as much information as possible and the
risk of compromising the continuing criminal investigation, damaging future international co-operation, and a potential
breach of Portuguese law. The parents get information that emanates from them and there is no breach of Portuguese law.
The Chief Constable asks the Court to make clear that previous Orders don't apply. The case is not
closed. The Chief Constable wishes to reiterate anyone with information should come forward to the police. The amount
of information is 81 pieces of information out of 11,000 pieces of information on the computer system.
Representative of the Attorney General:
The Attorney General intervened as Guardian of the public interest and has no further comment to make.
IN THE MATTER OF MADELEINE
BETH MCCANN
Madeleine went missing on 3 May 2007 just a
few days before her 4 th birthday, while
she was holidaying with her family in the Algarve in Portugal.
On 17 May 2007 Madeleine's parents invoked the jurisdiction of this
Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They
sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with
the proceedings shortly afterwards.
On 2 April 2008 Madeleine became a Ward of this Court, and since that
date has remained a Ward.
At all times jurisdiction was assumed by the Court because, there
being no evidence to the contrary, it is presumed Madeleine is alive.
She is a British Citizen, and like her parents habitually resident
here.
The current application was made on 2 April 2008 by the parents seeking
disclosure of information and documents from the Chief Constable of Leicestershire to assist them and their own investigations
in their search for Madeleine. Such are the complexities of the issues involved other interested parties were invited and
joined to the application, and directions given for the hearing today.
The parties have reached an accommodation whereby the Chief Constable
will provide to Madeleine's parents contact details of members of the public who had themselves contacted the parents or their
solicitors, and which on receipt were immediately passed to the Chief Constable, together with a brief resume of the information
given.
The parents do not wish to pursue other aspects of the application,
and save for the draft consent order being approved by this Court wish to withdraw their application and seek leave to do
so.
I have no criticism of the parents in making this application. They
have behaved responsibly and reasonably throughout.
I have considered the documents provided to this Court by the various
parties, and have concluded that the agreement reached by the parties is entirely appropriate, and that the parents should
be permitted to withdraw the balance of their application.
I will make the Order by Consent as sought. In particular paragraph
1 of the Order made on the 22 May 2007 shall be varied with the words:
"The terms of this paragraph shall not apply to the Chief
Constable of Leicestershire or any other United Kingdom law enforcement agency. And for the avoidance of doubt all the evidence
submitted to the Court and the Case Summaries and Skeleton Arguments remain confidential to the Court save that the Chief
Constable may use his discretion to disclose his evidence, case summary and skeleton arguments filed in this Court and the
Orders of 22 May 2007, 2 April 2008 and this Order. Any other documents and their contents are not to be disclosed to any
person or published save in accordance with Orders already made by the Court or further Order of the Court".
It may be
noted that neither of the Parents is present today. I let it be known last week that providing their legal team was fully
instructed neither parent need be present, and I would not criticise or bear any ill-feeling towards them if they chose to
stay away. It was my decision as they have suffered enough, and I wished to ease their burden.
I know the police authorities and other official law enforcement agencies
in this country, in Portugal and elsewhere have striven and will continue to strive to trace Madeleine.
I urge anyone who has any information
however small or tenuous to come forward now so that further enquiries can be made.
There is, of course, as least
one person who knows what has happened to Madeleine, and where she may be found.
I ponder about that person: whether
that person has a heart and can understand what it must be like for Madeleine to have been torn and secreted from her parents
and siblings whom she loves and felt secure with, and whom no doubt misses and grieves for. Whether that person has a conscience
or any feeling of guilt, remorse or even cares about the hurt which has been caused to an innocent little girl: whether that
person has a faith and belief, and what explanation or justification that person will give to God.
I entreat that person whoever
and wherever you may be to show mercy and compassion, and come forward now to tell us where Madeleine is to be found.
I hope and pray that Madeleine
will be found very soon alive and well.
I confirm the Wardship and Madeleine
will remain a Ward of Court until further Order of the Court. The case will be reserved to myself subject to my availability.
