***
As to the present report, and for a better understanding, it will be divided
in to 5 major areas, to know:
- Generic diligences for the localization of the minor, entwined in the main body of
the Inquest, done by the Judiciary Police, the Maritime Police and the G.N.R.;
- Thematic Appendixes, in a total of
nine (sub-divided into 55 volumes) referred to the fls. 3528-a, whose creation allows to complement the main body of the processes
and to follow up all the information received and treated;
- The suspicions about
ROBERT MURAT, and his status
of arguido;
- The Cadaver Dogs Units searches and the subsequent establishment of the parents of the British minor,
GERALD MCCANN and
KATE HEALY as arguidos;
- The forensic and laboratorial exams, done at the Forensic
Science Service and at the National Institute of Forensic Medicine, from now on designated as the FSS and INML, correspondingly;
Even
though there is this division in to sub groups, the present report will be done by order of occurrence or information, without
the obstacle of joining by themes, when the chronological order it is not sufficient.
***
As stated before, it was done a presentation of the intervenients in the process
and a brief introduction of the facts. Following, we will do a more detailed explanation, where, likewise, the various intervenients
will match and the actions done by them will take on a procedural relevance.
***
Relative to the appendixes, in a total of nine, where divided thematically
as stated:
Appendix I – Forensic Exams – where all the exams and forensics that were carried out
by scientific and technical entities, specifically those who are destined to the detection, collection and traces analyses
that could lead to the understanding of what happened and to the discovery of the culprits in the disappearance of the minor.
pages
9 and 10Appendix II – Analysis of communications – where all the inventory, analysis and pertinent
correlations, which were possible and eventually relevant about the communications and movements that were made before, during
and after the facts, were made;
Appendix III – Inspections, canine, maritime and air searches –
where the specific diligences that were carried out in an attempt to physically locate the minor, especially in the surrounding
areas, are described;
Appendix IV – Searches/apprehensions, direct exams, delivery/deposit of goods –
where the set of diligences that were directed on goods or items that could eventually be connected to the disappearance are
listed;
Appendix V – Supposed sightings and localizations – where the news that had some credibility
and signalled the alleged presence of the child in various locations worldwide, as well as the hundreds of diligences that
were carried out to confirm or dismiss them, are listed.
As it is known, the disappearance of the British minor, under
the circumstances that were described, implied the action of diverse entities, with special relevance for the intervention
of the Polícia Judiciária, which was joined by other forces of criminal police. In parallel, this disappearance concentrated
an unmatched dynamics from the media, both national and foreign, namely and with more emphasis in the United Kingdom, which
filled, for days in a row, their news at prime time with live transmissions from Praia da Luz, and special programmes that
were dedicated to the issue.
pages 11 and 12Some of the information did not merit, due to the circumstances
surrounding it, the least credibility, leaving those, at the other extreme, which required a more solid and effective systemization
and treatment. Those which, by their geography and time-space relevance, seemed credible were thoroughly explored and included
in the documentation and this appendix.
There remains a large, diffuse stain of supposed sightings and localizations
– some receiving notable emphasis, such as those in Belgium and Morocco – which had few, vague, discordant, incompatible
or incongruent elements, which deserved a treatment with a view towards their infirmação or set aside for the future, should
solid elements arise, which all are herein included;
Appendix VI 1 – Information/Lists of Suspects of
Sexual Crimes – where you will find a detailed reviews, from the perspective of the possibility of encountering correlations
with suspects with sexual motives;
Appendix VI 2 – Diligences and Exploration of Information related to
the aforementioned – in which, in conformity with that already expressed and in order to provide a better consultation,
were gathered the information collected about residents in the surrounding areas – temporary and permanent – as
well as a listing of local crime (break-ins and others) and crimes of a sexual nature. The information provided came to this
Police by individual knowledge, through British authorities or by other sources;
Appendix VII - Letters Rogatory
– outlining the diligences performed, at the request of the Portuguese judiciary, in foreign countries;
Appendix
VIII – Transportation, Movement and Location of Sightings – in this appendix are collected and analyzed the
information related to possible means of transportation/flight, by land means (road—trains), sea and air. Also explored
were information related to the delivery of photographs from individuals in the area for holidays and obtained by the Police,
along with various hotel chains, whose examinations yielded nothing useful;
Appendix IX – Juridic Actions
In
addition, and in spite of its irrelevance, there were meanwhile added 22 "dossiers" with notifications of a speculative or
clearly incredible nature, such as psychic visions or divinations, which will not be included with the documentation, but
which you will find carefully organized, in the eventuality that they may need to be consulted in the future.
* * *
DEVELOPMENTThe present documentation originated from
a process elaborated by this Police, having received notice of the disappearance of a minor of British nationality of three
years of age. The occurrence was communicated by the GNR at 00h10 on 4 May 2007.
pages 13 and 14According
to that police force, the disappearance would have occurred at 22H40 (later on it was verified that the detection and the
subsequent alarm of the same, in reality happened, between 22H00 and 22H10 of the day 3 of May of 2007, in one of the apartments
of the tourist resort 'Ocean Club', located at Vila da Luz, Lagos, where a family composed by a couple and 3 children under
aged were staying.
Topologically, the apartment is composed by two bedrooms, a kitchen, a living room and a bathroom,
with easy access to the street, from the both the front and the back, where there is a small balcony and a sliding door.
At
the time of the disappearance, the children were alone in the apartment. However the couple, during dinner, went two times
to the same, one of those times being the one where the mother (
KATE) noticed that her oldest daughter was no longer
there alerting all for that fact.
Aware of this fact, the police squad went to the place, to initiate the relevant
investigative steps, at that moment.
Immediately they proceeded with the identifications of the progenitors,
GERALD
MCCANN and
KATE HEALY, as well as of the disappeared minor,
MADELEINE BETH MCCANN, born on the 12 of May
of 2003, in the United Kingdom. Besides
MADELEINE the couple has two more children, twins, with two years old, at the
time of the facts, who were also staying in the same bedroom from where the child disappeared.
Informally,
GERALD
MCCANN said that he was on the resort since the 28 of April 2007, on vacation, for a period of time corresponding to a
week. The day after their arrival, 29/05/07, they started doing their meals at the 'Ocean Club' restaurant, which is distanced
a few meters away from the apartment, with the company of three other couples, who had also travelled with them.
Specifically
to what is relative to the day 3, he alleged that:
- they woke up around 07H30, had breakfast in the apartment, going
out at around 09H00;
- soon after, they left their children at the nursery, until 12H30;
- around 14H30, after
lunch, they put their children back at the nursery, this time until 17H00;
- at 17H30 they did the children's hygiene,
and settle them in their respective beds by 19H30, all in the same bedroom;
- at 20H30, the couple went out to the
restaurant;
- at 21H05/21H15 the father went to check the children, noticing that all was normal, the window and the
blinds were closed, however the door to the room seemed more opened than when he had left;
pages 15 and 16-
at around 9.20 p.m., a friend from the group,
JANE TANNER, when heading for her apartment, noticed an individual who
carried a child in his arms, walking down the road. She described him as aged 30 to 40, with dark hair and wearing light coloured
trousers;
- at 9.30 p.m., it was the time for another friend,
MATTHEW OLDFIELD, to go to the
MCCANNS'
apartment to check on the children, but he only saw the twins, given the fact that he did not enter the room. In order to
see
MADELEINE'S bed, he would have to go inside. He detected nothing out of the ordinary;
- at around 10 p.m.,
when
KATE went to the apartment she verified that
MADELEINE had disappeared, and that the window and shutters
of the bedroom were open.
Apart from that, and according to what was established within the investigation in the meantime,
the witness
MATTHEW OLDFIELD assumes that, at around 8.55 p.m., he went near the outside of the window of the bedroom
where
MADELEINE was sleeping – a window that was closed – in order to verify if there was any noise in
the inside that might indicate that the child was not asleep. He heard nothing, therefore concluding that everything was well.
Due
to its relevance, on that very night the Maintenance Director,
SILVIA BAPTISTA, was asked for a list of the resort's
guests and the check outs on the 3rd, as well as the identification of the crèche workers, where the children stayed during
the day.
It should be emphasized that the entire apartment had been searched and rummaged by an undetermined number
of people, with the contamination that it brings and the difficulty that it raises for the collection of residues.
On
that very night, the surroundings of the apartment, and Vila da Luz itself, were intensely searched through, both by the GNR
members and by members of the public.
Concerning that and other searches on subsequent days, the proof is given by
the report that was written by the GNR from pages 3491-a to 3525-a, with the latter being a cartographic remission. The same
procedure was made by the Maritime Police, according to the report from pages 3867 until 3885.
On page 06 the air registration
of the luggage pertaining to the
MCCANN family was appended, as well as the passport that belongs to the missing minor.
From
pages 12 to 23, we can observe the photographic coverage of the location of the facts, which were collected on that night,
as well as a layout of the apartment.
On page 26 the report that was written by the GNR can be found, on page 30 the
photograph of the minor that was given by the parents, taken from a memory card and revealed on a printer that belongs to
one of the nannies, as will be seen further on, and the press communication, on pages 33-B.
It should be pointed out,
in terms of the media knowledge and divulgation, that witness
RACHEL MAMPILLY, at around 2 a.m. on the morning of the
4th, assumes to have contacted the official British television BBC, through someone that she knew, reporting the disappearance
and asking for it to be broadcast.
pages 17 and 18First thing in the morning on 4 May, and already within
the framework of heavy media coverage, an interview of the entire group took place, pages 34-83, interrogations which were
repeated later.
From pages 86 to 118, there are included details relative to the identity of the nannies (
CATRIONA
BAKER and
STACEY PORTZ) and all the officials of the establishment, with the two that dealt with the
MCCANN
children being heard informally; nothing unusual having been reported by them, they were formally interviewed again later.
In
subsequent days, with the participation of over a hundred researchers from the PJ, the enormous collection of diverse notifications
about the disappearance was reviewed, having been already completed innumerable contacts resulting from the ongoing processing
of information.
The collection of notifications was transmitted by a wide variety of sources, coming to the PJ by various
means, requiring the installation of a permanent police post within the Luz village.
The result of such efforts is
found in the documentation and the various appendices, having been spent thousands of hours of work in its completion.
It
should be noted, also, the receipt of an enormous quantity of fantastical notifications, devoid of any credibility, which
forced the research into constant and considerable clarification efforts, all the more important as it was known that time
was of the utmost importance in the fundamental goal of finding the missing girl.
* * *
Resuming the factual description, it is noteworthy that from pages 119
and forward, the witness
JEREMY WILKINS, affirmed that he saw an individual with a strange appearance and behaviour.
This was eventually confirmed to be a guest, who participated in the searches, page 124.
From pages 127 and following,
relates the the sighting of a child, with a face similar to
MADELEINE's, in a gas station. When the images from the
gas station were shown to the parents, they peremptorily affirmed that they did not represent their daughter.
On page
134, is reported a situation, once again resulting from physical similarities with
MADELEINE, later verified as not
being the child. In addition, an attempt was made to locate an individual referred for sexual abuse of minors, later coming
to verify that at the relevant time period, he was no longer in Portugal.
pages 19 and 20There was a
inquest to
DENISE BERYL ASHTON, fls. 136, which reported the presence of two individuals, who she could not identify
or recognize, which, alleged that they were conducting a petitioning in behalf of a children's institution, which would be
fraudulent. Despite that this situation took place on the day 03 May, we could not relate it with the disappearance of the
British minor, nor the description corresponds to the sketch widespread in the media by the press officer of the
MCCANN
couple, issue that will be addressed next .
From the Fls. 140 to 144, it was reported an alleged sighting of the minor,
which, after several diligences, was proved, again, to be another child.
A witness,
DEREK FLACK, heard at page
200, reported the presence of a suspect, who was allegedly looking at the target apartment, near a white truck, pages 145
and following pages. It was not possible to identify this person, despite having been made a portrait-robot, page 205. However,
we believe there are very strong possibilities of being construction workers – who were there making small works - a
gardener (fls. 973), or
BARRINGTON NORTON (fls 833), inquired at page 704. The latter is a regular of Praia da Luz,
engaged in the activity of musician on the streets of the town. Nothing was found relevant to the investigation.
From
the page 161 to 197,
NUNO JESUS, reported a situation connected with his daughter, with clear similarities with Madeleine,
which was the victim of an alleged attempt to kidnap (qualified by himself) by a Polish couple, whose registration of the
hire car and used in national territory, he provided to the police. They were approached when going back to their native country,
nothing was detected that could incriminate them, pages 214 to 216. The car and the place where they had enjoyed their holidays
was analysed in a laboratory, but once again without incriminating results
It was near the report at page 148, where
it's described the approach door-to door taken in 443 houses, all of them in Praia da Luz, which is demonstrative of the gigantic
work that would be carried out. Such approach included the physical entrance, with the agreement of the inhabitants, in many
just to verify completely the eventual presence of traces of the minor disappeared.
LANCE PURSE, inquired at
page 208, did equally a sketch of an individual, page 210, which possessed similar characteristics similar to the one related
by another witness, who also didn't identify himself.
At pages 211 and 212, it is reported another occurrence relative
to an individual referenced for sexual abuse of minors, who, after the approach of the same, nothing of relevance was brought
to the present investigation.
"Mutatis mutandis", [
literally "changes changed", from Latin, in this instance someone
who changes constantly of mood], relative to a guest from the female gender, who revealed a odd behaviour, but with no
vector of correlation to the disappearance of
MADELEINE MCCANN.
At page 220 the hearings of the resort employees
started, from there nothing resulted as being relevant or useful for the investigation at course. From the hearings there
were no elements collected which allowed to follow any line of investigation.
pages 21 to 26
Inquired
employees: -----
A huge list of names which I will not write here for the right to privacy of these people.The
baby sitters that talked to the media in previous interviews are on the list.CATRIONA T. S. BAKER
STACEY PORTZ
CHARLOTTE
E. A. PENNINGTON
Also several G.N.R. Military, belonging to various areas, patrols and binomials (sic) were heard in
declarations -
list of names
***
end of page 26 : In the path of the diligences of localization, it was
requested the entry registrar of the Marina de Lagos, place who does not have a system to collect images, usually called by
CCTV, page 290.
pages 27 and 28Information was also collected that the road known as A22, usually known
as “Via Infante de Sagres”, does not have images available either, to match the period of time that would be of
interest.
Diligences were carried out to try to locate and discover the routines of individuals that are related to
criminal practices of a sexual nature, pages 293 to 300, 448 to 451, 452 and 453; nothing was discovered that could be characterized
as relevant.
From pages 309 to 311, and because it could be important, we mentioned the only register of a repair that
was carried out in the apartment that was used by the
MCCANN family, without major relevance.
* * *
The situation concerning the first suspect,
ROBERT MURAT, will
now be approached, thus following a line of the succession of the facts, without prejudice of returning to the description
of occurrences further ahead.
A few days after the facts took place, suspicions were raised concerning an individual
that resides approximately 100/150 metres away from apartment 5A, identified as
ROBERT JAMES QUERIOL EVELEIGH MURAT.
These
suspicions arose initially due to the formulation by a British journalist, who found the special commitment and curiosity
of
MURAT in this case to be strange, which had reminded her of another [case] that had taken place in the United Kingdom
with similar outlines and where the guilty persons had actively participated in searches.
The reasons for said suspicion
are duly listed within the information that is contained in the process, on pages 308, 328, 442, 461, 957, 960, 961 and 986
to 1000, being certain that they ended up being reinforced, some time later, by elements of the holiday group that asserted,
contrary to what MURAT said, that he had participated in the searches on the evening of the disappearance.
In an initial
phase, before the investigation was deepened, this individual gathered the conditions to be pointed out as a suspect. The
conditions that are intrinsical to his suspect status, can be analysed, as stated before, on the routine reports that were
mentioned above.
In order to confirm or dismiss the suspicions about
ROBERT MURAT, searches and telephone surveillance
were requested, pages 995 to 1013, both on the suspect and on the individuals with whom he directly or indirectly interacted,
namely with who he met almost daily and maintained telephone contacts.
Despite the exhaustive and methodical investigation
into
MURAT and the persons close to him, no elements whatsoever were collected to relate him to the crime that was
under investigation, and it should be noted that contrary to what witnesses within the group stated concerning his hypothetical
participation in the searches on the night of the disappearance, other witnesses (like
SILVIA BAPTISTA and elements
of the GNR) asserted that they had not seen him during those diligences.
pages 29 and 30Beyond the communication
interceptions and forensic exams of the computers belonging to them, which pointed to nothing useful, several searches were
also performed in the suspect’s home, as mentioned earlier, with cino-technical assistance and exploration of the subsoil,
both physically and by technological detection means, which also did not allow for the collection of exact evidence.
Be
aware that, in relation to the utilization of very advanced technological means, in the area of the detection of strange bodies
in the subsoil or enclosed [walled in], these were performed specifically by technicians from Aveiro University, using equipment
that allowed a detailed search of the area.
This [research] continued in the same way in relationship to all the vehicles
of the group, with no results.
The homes and vehicles were examined in great detail by the Scientific Police Laboratory,
without finding any relevant vestiges.
The analyses of the telephone and electronic communications (reports in appendix
II) and the resultant correlation, had the same results.
In the interrogation headquarters, the suspect denied any
involvement with the process. The interviews with all the elements, with personal and professional relationships with
ROBERT
MURAT, also did not deliver anything of value as evidence.
In truth, in the unfolding of the searches, several
objects were apprehended, for later analysis, without having obtained any incriminating evidence, which you can better observe
in Volume V of the documentation, where the processual pieces related to the searches are found.
* * *
Returning to the sequence of information which has some relevance related
to finding the minor, there came forth information about the presence of a sack [bag] near a cliff in Ponta da Piedade, Lagos,
pages 316 to 327, whose contents revealed nothing of importance.
Page 463, reveals information related to an individual
who spoke in Castellean, whose involvement was not able to be discovered.
Pages 524 to 531, 740 to 749, provide information
about supposed sightings of the minor, all of them disparate amongst themselves.
On page 800, the interview with
TASMIN
MILBURN SILENCE is presented, who saw on two occasions and on several other days, an individual observing the apartment
from which
MADELEINE disappeared. A photo-fit was created based on the witness' indications . . . diligences were performed
which led to the identification of
MICHAEL ANTHONY GREEN, who was the target of diverse diligences without incriminatory
results, pages 632 to 726 of Volume III, Appendix VI. Beyond this individual, there were other diligences performed at this
level, also without useful results for the investigation, as is explained throughout Appendix VI.
pages 31 and 32Still
on Appendix VI, pages 504 and in the following, it was investigated a situation relative to two individuals,
NEIL BERRY
and
RAJINDER BALU (complementary inquests requested in the letter rogatory), specifically relative with the first one,
whose information was crossed with the above aforementioned witness,
TASMIN SILENCE, namely to what concerns the photo-fit,
having this one made clear that it was not that same individual.
This occurrence was targeted due to an information
given by an employee of the resort, pages 504 and 505 of the Appendix VI, where a somewhat peculiar situation was reported,
supposedly to do with
NEIL BERRY. However, in spite of the diligences done, inclusive in the letter rogatory, nothing
was established that connected him to the disappearance of the British child.
At the pages 801 and the following, an
information was worked relative to a sighting done by a professional taxi driver.
Also relative to the individuals
who do this type of professional work and who have their headquarters in Praia da Luz, page 818, we talked with them but nothing
of relevant for the process was determined.
At the pages 820 to 822, an information from the maritime police was added,
creating several diligences, however had no results.
From the page 825 to 830, we added a report of the G.N.R. police
action. Nothing of pertinent value was deducted.
For the analyses and dismissal of eventual relevant situations, traffic
reports were requested in the places considered of higher interest, page 823, relatively to the days 2, 3 and 4th of May of
2007, and that was object of a highly detailed analytical report (see Appendix II), though without criminal conclusions.
At
page 835, a report of a diligence done in a gipsy camp was done, nothing useful was gathered.
At page 848 and following
and from pages 856 to 857 a synopsis of the interrogations done to the resort employees was made.
At page 859, it’s
related a situation eventually suspicious which leads to nothing of interest for the process.
At page 868, an occurrence
is reported (about a couple who had an argument, where is mentioned the disappearance of a child), after investigation this
did not lead to relevant elements.
From page 870 to 883, it was done the reconstitution of the places outside the nursery,
where the British child and her nanny went.
At page 884 and the following, it was added the lophoscopy [study of fingerprints]
report where only finger traces of
KATE HEALY were found, namely on the window’s frame who would have been opened
at the time of the disappearance, and at page 967, another report describing the same type of exam, this time without any
match, though the diffusion done at an International and national level, page 1470. Later on we verified that that trace wasn’t
of author (sic), page 1480.
Page 33 and 34On 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.
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 and 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.
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 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.
The workers that carried out construction works in Vila
da Luz were heard, pages 1650 and 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.
pages 35 and 36On 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
occurance 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:
pages 37 and 381 - 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;
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. pages 39 and 40*
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).
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 inquirition, 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.
pages 41 and 42Page 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 and 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.
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.
pages 43 and 44On 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 conducted 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 2962, the
holiday group’s flight data is added, in its entirety.
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.
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 inquiritions that came from the
British Authorities, and the corresponding translations, were added, with an informative character.
On pages 3922 and
3923, a summary of the financial situation of the group, constituted by nine persons, can be found.
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.
On pages 3928 and following,
another summary of the sequence of events, executed by the holiday group, was added.
pages 45 and 46The
report on page 3998 and the inquirition on page 3459-a refers 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.
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.
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 solicitated 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.
From the tests and
inspections that were carried out, a biological residue was collected which supposedly carried identificative 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.
Therefore,
from page 3705-a to page 3792-a the Rogatory Letter is appended, that was elaborated by the Public Ministry, based on what
had been reported by the Polícia Judiciária, and from page 3795-a to page 3822-a, a second rogatory letter, this time elaborated
the solicitation of arguidos
GERALD McCANN and
KATE HEALY.
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 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.
pages 47 and 48On 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.
* * *
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.
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.
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 pages 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".
pages 49 and 50Apart
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, an 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 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 identificative value.
Immediately, the question concerning the differentiating value of some haplotypes
[
haplotype (Greek haploos = single) is a combination of alleles at multiple loci that are transmitted together on
the same chromosome] was raised, 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.
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.
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.
* * *
pages 51 and 52Summarising 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;
- 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.
pages 53 and 54Also,
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.
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:
pages
55 and 56. 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.
. 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.
In
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.
page 57
* * C O N C L U S I O N * *
Portimão, 20th of June 2008
The Inspector
57 Pages - all pages were translated in pairs
hence the number above each part of the articleNote: fls. is the shorten way to write folhas in Portuguese
- pages, sometimes it will be translated as pages other times we left it as in the original. Where possible an explanation
of terms is given between square brackets. 
