PJ Files: The Tapas Group's Statements

The first two 'Tapas Group' timelines written by Russell O'Brien on the ripped off cover of Madeleine's sticker book, 04 May 2007

Maddie's sticker book, front cover

Maddie's sticker book, with timeline on inside cover

Maddie's sticker book, with 2nd timeline on inside cover

Maddie's sticker book, back cover

Madeleine's sticker book, 03/04 May 2007

Timeline 1 (as per sticker book above)

8:45. pm

Matt returns 9.00-9.05 - listened at all 3

- all shutters down

Jerry 9.10-9.15 in the room + all well

? did he check

9.20/5 - ~~Ella~~ Jane checked 5D sees stranger & child

9.30 - Russ. ~~Ella~~ Matt check all 3

9.35 - Matt check see twins

9.50 - Russ returns

9.55 - Kate realised Madeleine

10pm - Alarm raised

Timeline 2 (as per sticker book above)

8.45pm. all assembled at poolside for food

9.00pm. Matt Oldfield listens at all 3 windows 5A, B, D ALL shutters down

9:15pm Gerry McCann looks at room A ? Door open to bedroom

9:20pm Jane Tanner checks 5D - [sees stranger walking carrying a child]

9.30 Russell O'Brien in 5D. Poorly daughter

9.55pm

10:00pm. Alarm raised after Kate

Gerald

Madeleine's book

Madeleine's parents ripped off both covers, the front and the back, from a book belonging to Madeleine, in order to write on the inside the timing for each person. Russell O'Brien was involved with the drawing up of the timing. The book was seized by the GNR on the night of the disappearance. These covers would be attached to the case file, as elements of the investigation, on September 7th 2007, although seized during the night of 3rd to 4th May. Here are the terms on which the seizure document was based.

Terms of seizure:

At this time, it is considered of interest to the investigation to attach to the present deed, two covers of a child's book, on the inside covers of which is a schedule for supervision, hand-written by one of the McCann couple's group of friends and participant in this deed by name of Russell O'Brien.

Extract from Russell O'Brien's rogatory interview:

'But anyway Dave Payne said to, errm... there were two members of the PJ had arrived, there was a guy I remember being almost shaved bald head, quite dark complexion, and a second one who we kind of nicknamed 'baby face', who did our fingerprinting about a week later, errm... and those two were there and Dave was... was saying, you know, 'Shouldn't we', you know, 'Why are we sitting here, shouldn't you be on the radio, shouldn't there be more people here, shouldn't there be...', you know, 'this should be on the radio, it should be on the television' and, errm... I recall 'baby face', or his colleague, saying 'No media', and, you know... and that was full-stop and then turning round to me writing the timeline and saying 'That's what we want', fair enough. Errm... huh, and that's really it.

Gerry McCann - 11h15, 04 May 2007

Witness statement of Gerald Patrick McCann, on the 4th of May 2007, at 11.15 a.m.

Processos Vol 1, pages 34 - 41
Location: CID Portimão

The witness is heard as a victim, being the father of the minor. Of British nationality, he has no command of the Portuguese language, spoken or written. Thus, the interview is done in the presence of an interpreter, Natália Carvalho Ferreira de Almeida.

When asked, he said that he had already been to Portugal in 1994. He stayed in an apartment on the outskirts of Albufeira. He has only returned to Portugal on this occasion.

The desire to get to know Portugal in 1994 was due to the fact that he plays golf and the country is known for its excellent facilities that practise. The present journey was made at the suggestion of a friend that accompanied him, DAVID PAYNE, who made a reservation at the Ocean Club, following an internet search, for the deponent, his wife and the rest of the group, in a total of nine adults and eight children, including the missing minor, Madeleine. The group was made up of people the deponent has known for five or six years.

They travelled in two separate groups, one composed of the deponent, his wife KATE and their three children, and the other one by his friend DAVID and his wife, their two children and his mother-in-law. The deponent travelled from the local airport (Leicestershire) and the other group, comprised of four adults and three children, departed from London.

The meeting point was the Ocean Club in Portugal. The deponent's group arrived there at 2.30 pm on April 28th from Faro airport on an airport mini bus. The other group arrived the same day at around 1 pm, also using a mini bus.

After checking in, the deponent and his wife, KATE HEALY, their daughter, MADELEINE, and their two year-old twins SEAN and AMELIE, were placed in apartment G5A. The apartment consisted of two beds in one bedroom, and two others in another room, in which were two cots on loan from the resort, in addition to the bathroom a kitchen.

The deponent and his wife slept in one of the bedrooms and in the other, their three children: the twins in cots and MADELEINE in a bed. The other bed remained empty.

Between April 28th, the day of arrival, and the time when MADELEINE disappeared, the deponent reports having noticed nothing unusual, except that on the morning of May 3rd, MADELEINE asked her father, GERALD, why he had not come into her bedroom when the twins were crying. The deponent had heard nothing and therefore had not gone into the room, yet he thought his daughter’s comment was strange, even because it was the first time that she made it.

Concerning routines, he mentions that on Sunday, they had breakfast, between 7.30 and 8.30am at the Ocean Club, namely in the resort's bar a few metres away from the apartment. On the following days, because the war was rather distant, they started buying food at the supermarket, located on the same road as the apartment, whose name he cannot recall. After breakfast, the children were left at one of the Club's crèches, called the "Kid Club," where they participated in various activities such as painting, collage etc., until around 12.30, always supervised by several employees, in a ratio of one to three children. At 12.30 pm, the parents went to collect the children and had lunch in the apartment, given the fact that it had a kitchen. After lunch, at around 1.30 pm, the children spent time near the club's swimming pool, supervised by their parents, for around 45 minutes, where they played, applied sun cream etc. After that time, the children returned to the "Kid Club" until around 5 pm, when they had dinner at the bar, under the parents' supervision. After the 5 pm meal, the parents bathed them, got them ready for the night, and played for a little while in the play area next to the tennis courts, still under the parents' supervision. Towards 7.30/8 pm, the children were put to bed until the next morning, when the described routine described would start all over again.

While the children were at the "Kid Club," the deponent played tennis with his wife, went for walks, read and practised "jogging."

Yesterday, after the daily routine, MADELEINE and the twins were put to bed in their respective beds, and he stresses put to bed, at 7.30 pm. The deponent and his wife remained in the apartment to relax and drink a glass of wine until 8.30 pm. After checking the children, the deponent and his wife and the adults went to the "Tapas" restaurant, around 50 metres away, where they had dinner together. As usual, every half hour and considering that the restaurant was close to the apartment, the deponent or his wife went to check if the children were ok. Thus, at 9.05 pm, the deponent entered the club, using his key, the door being locked, and went to the children's bedroom and noted that the twins and Madeleine were in perfect condition. He then went to the toilet, where he remained for a few instants, left the apartment, and then crossed ways with someone with whom he had played tennis, who had a baby buggy, also a British citizen, with whom he had a brief conversation. He then returned to the restaurant. At around 9.30 pm, his friend MATT (a member of the group) went to his apartment where his own children were, and on his way he went into the deponent's apartment, going in through a sliding glass door at the side of the building, which was always unlocked. He went into the room, saw the twins and didn’t even notice if Madeleine was there, as everything was quiet, the shutters closed and the bedroom door half-open as usual. Then MATT went back to the restaurant.

At 10pm, his wife Kate went to check on the children. She went into the apartment through the door using her key and saw right away that the children’s bedroom door was completely open, the window was also open, the shutters raised and the curtains drawn open. The side door that opens into the living room, which as said earlier, was never locked, was closed.

Faced with this altered scenario, KATE checked that the twins were in their respective beds, unlike MADELEINE, who had disappeared. After thoroughly searching the apartment, his wife, quite scared and upset, went to the restaurant to alert the deponent and the others about the disappearance. Immediately, the group headed for the club and searched across all the facilities, swimming pool, tennis etc., as well as in the apartment, with the help of Ocean Club employees, while at the same time they contacted the authorities, that would later appear.

It is stressed that when one of the members of the group, JANE, went to her apartment to see her children, at around 9.10/9.15 pm, from behind and at a distance of about 50 metres, on the road next to the club, she saw a person carrying a child in pyjamas. JANE will be better able to clarify this situation.

Concerning Madeleine, she is described as being Caucasian, with rather white skin, aged 4 (12/05/2003) and around 90 cm tall. Slender, with shoulder length, straight, dark blond hair. Left eye blue and green and the right eye also green with a brown spot on the pupil. She had a brown mark on her left leg. She had no scars. At the time of her disappearance, she was wearing pyjamas with white floral-patterned trousers and a short-sleeved top, which was mainly pink in colour, with a blue and grey donkey figure on the front, with the inscription "EEYORE".

Concerning the child's personality, she was extrovert, very active, talkative, smart and relates to other children with great ease. Still, the deponent said that she would never go with a stranger.

The deponent has no suspects to mention, and finds no reason for this act. Neither he nor his wife have any enemies.

His daughter does not suffer from any illness and is not on any medication.

When questioned, the deponent authorises a reading of the data on his mobile phone, with the number 00447XXXXXXXXX.

Apart from the Kid Club, and the apartment, they only went to the beach once with Madeleine and other children and for a short time, given the fact that the weather was unstable. On the beach, they only ate an ice cream and went back to the apartment. Apart from what has been described, Madeleine and the other children went sailing on the beach, a five minute walk from the club, for an hour. This outing was organised by the resort itself and is part of an available chart. The supervision and organisation was done by the resort, therefore the deponent was not present, nor was his wife.

He never noticed any strange behaviour during these days or anything which might have led to such an outcome.

After having been shown the list of the club's guests, he said he only knows the names of the members of the group.

He did not detect that any item has disappeared.

He has nothing else to add, and wishes the due criminal proceedings and to be indemnified over the action that he was a victim of.

Reads, confirms, ratifies and signs, as does the interpreter.

Jane Tanner - 11h30, 04 May 2007

Processos Vol I

Pages 42 – 50

Witness Statement

Jane Michelle Tanner

Date 2007.05.04

Time: 11h30

As she is a British citizen and does not understand written or spoken Portuguese, she is assisted by the interpreter, Filipa Silva.

She has been on holiday in Portugal since last Saturday, 28th April, staying at the Ocean Club resort in Praia da Luz, Lagos, together with her partner (Russell O'Brien), their two children and three couples (Gerald McCann and Kate Healy, Matthew Oldfield and Rachael Mampilly and David and Fiona Payne. The group also included Fiona Payne's mother, Dianne Webster.

She was accompanied by her two children, E**a O'Brien aged three and E**e O'Brien aged one.

The other couples also brought their children, G***e Oldfield aged one (the daughter of Rachael Mampilly and Matthew Oldfield), L*** Payne aged two and S******* Payne, aged 11 months (daughters of David and Fiona Payne) and the twins Amelie and Sean McCann aged two and Madeleine McCann who would be four in two weeks time (children of Kate and Gerry McCann).

They were on holiday, which they (the couples) had arranged from England where they are friends. They travelled through the Mark Warner agency.

All the couples stayed in individual apartments (I) in the same resort, with their respective children.

Since Saturday the routine was that they would almost all get up at about 07h30-08h00 and then would have breakfast in a restaurant near to their accommodation, called the Millennium (6), taking their children at about 09h00 to three different areas of the Kids Club (2) (4) (5) according to the children's ages.

Only the McCann couple would have breakfast in their apartment, due to the fact that they had three children and because it was complicated to walk with the three at the same time. After this they would also take their children to the Kids Club.

As regards the Kids Club, she clarifies:

E**a O'Brien and Madeleine McCann were in a room in a building near to the reception (4) and an English lady called Cat Baker was responsible for them. Apart from her, there were three or four more persons looking after the children, she only remembers one name (Emma Wilding). They would do various activities, such as going to the indoor pool at the resort, they would go to the tennis court, situated outside near to the Tapas restaurant (3), they would got to the beach (outside), they would paint and play (inside the resort).
S****** Payne was also near to the reception but in another room (5) different to the one E**a and Madeleine were in. She does not know who was responsible or who the employees who worked in this room were.

As regards G***e Oldfield and E**e O'Brien, Amelie and Sean McCann, they were all in one room (2) near to the Tapas restaurant. The person responsible for G***e Oldfield and E**e O'Brien was an English citizen called Leanne Wagstaff. As regards L*** Payne, Amelie and Sean, without knowing for certain, she says that the person responsible was Stacy Portz. The activities were identical to those of the other rooms, both inside and outside of the resort. At about 12h30 they would all go and fetch their children from the respective Kids Club rooms, as these would close, and go have lunch.

They would sometimes have lunch together in one of the couples' apartments. At about 14h30 the Kids Club rooms would open again and the only children who returned to the rooms were Madeleine, E**a, Amelie and Sean.

The other children would stay with their respective parents.

At about 16h45 all the children would meet for tea in an annex to the Tapas restaurant (3). It was the employee Cat Baker who would take E**a and Madeleine.

During the time they were having tea, the parents of the children would come and collect them.

Until 3rd May she has no knowledge of anything strange or suspicious having happened to the group of friends or to the children.

Yesterday the witness did not go to breakfast because she had tennis booked for 09h00. It was her partner who took her daughters for breakfast, having previously taken E**a O'Brien to the Kids Club. E**e O'Brien, who was not feeling well, did not go to her Kids Club room and went with her father to look for the witness. They arrived at about 09h30 having waited for almost 30 minutes for the tennis lesson (8) to have finished.

The witness played tennis (8) with Kate and with Dianne Webster. She does not know where Kate's children had breakfast, but knows that the three of them went to their respective rooms in the Kids Club. She supposes that it was Gerry who took them there.

During the tennis lesson (8) Kate behaved normally.

After the tennis lesson the witness went with her partner and daughter E**e to the beach (7) where they stayed until about 12h20. After this, they went to pick up E**a from the Kids Club.

She does not know what Kate did after leaving the tennis courts (8) between 10h10 and 11h10.

She does not remember whether Madeleine was still in the room when she went to pick up her daughter, E**a. They both went to their apartment (1) taking their daughters with them. Mathew and Rachel and their daughter also appeared and had lunch with them.

They had lunch between 12h45 and 13h45, afterwards at about 14h00 the witness played tennis again (8) with Rachael.

Her daughters and Rachael's daughter stayed in the apartment (1) with their respective parents.

She remembers that when she was playing tennis, she saw Kate and Gerry arrive at the children's playground, next to the tennis courts, with their three children. Kate waved to her. They stayed at the playground until 14h40 when they went to take the children to the Kids Club.

After finishing playing tennis at about 14h45, the witness went to her apartment (1) where she stayed with her daughter E**e. Her partner had gone sailing with Matthew.

At about 15h45 she went to the beach with Rachael, Dianne, Fiona, L*** and S****** Payne, taking her daughter E**e along.

Meanwhile Russell arrived from the boat trip and went straight to pick up E**a from the Kids Club. They joined the witness at the beach (7) where they stayed until 18h10-18h15.

When she went to the beach she saw Gerald and Kate pass the beach jogging and waved.

Russell, Matthew and David left the beach a little earlier to go to the tennis court (8), as it was men's tennis evening. When the witness, together with her friends and children returned from the beach at about 18h20, they passed by the tennis courts and saw all the men, including Gerry on court. They stayed there talking to them for about 20/30 minutes. Gerald behaved normally.

She thinks Kate was in the apartment (1) putting the children to bed.

At about 19h00 they all went back to their own apartments with the children. The witness bathed her children, read them a story and put them to bed. E**e who was unwell and having trouble sleeping, stayed with her father, who had arrived in the meantime. The witness went for dinner at the Tapas restaurant at about 20h30.

When she arrived at the restaurant several members of the group were already there, without their children. They were all presumably sleeping.

At about 21h00 her husband arrived at the restaurant, having got E**e to sleep. For this reason and because Fiona, David and Diane only arrived at about 21h00, the dinner, reserved for 20h30, only began after 21h00.

Normally, every 15 minutes a member from each apartment would go and check the bedrooms of the respective children to see if everything was all right.

During dinner everything went well. Everyone was in a good mood.

She remembers that at about 21h10 Gerald left the restaurant (3) to go to the apartment to check on the children. Five minutes later, the witness left, to go to her apartment to see whether her daughters were OK. At this moment she saw Gerry talking to an Englishman called Jez whom they had got to know during the holidays. They played tennis with him.

She passed by them knowing that Gerry had already been in the apartment (1) to check his children.

Meanwhile a man appeared ( * ) carrying a child (**), with a hurried walk, it being this detail together with the fact that the child dressed in pyjamas, without being wrapped up in a blanket, that caught her attention. She only managed to see him from the side, with the child in his arms. She noticed the individual's presence exactly when she had just passed by Gerry and Jez who were talking, having seen this person step off the pavement that borders on the apartment block where they were staying and rapidly cross the road.

The entrance to the apartment building (1) is exactly at the place (street) where the individual appeared from.

After checking on her daughters, she returned to the restaurant. On her way back Gerry was no longer talking in the place where she had seen him.

When she arrived at the restaurant Gerry was already there, accompanied by his wife, Kate.

About 15 - 20 minutes later, her husband Russell and Matthew left to check on the children. As her daughter E**e was restless and crying, Russell stayed in the apartment.

Meanwhile Matthew went to check his child and those of Kate and Gerry. According to what he said, he saw the twins but he did not see Madeleine. As there was no noise he supposed that all was well and returned to the restaurant. Matthew informed the witness that Russell had stayed in the apartment.

After having quickly eaten her main course, the witness went to her apartment in order to take over from Russell, so that he could have his dinner.

When she was in the apartment, at about 22h00 - 22h15 she heard Kate and Fiona shouting and saying that Madeleine had disappeared.

When asked, she says that she thinks it was Kate who discovered the girl to be missing, the witness is not sure due not being in the restaurant at that time.

During all the evenings they carried out these procedures, they would get up from the table and check that everything was well with the children.

Madeleine was a lovely, very friendly, very active, playful girl. She likes to jump around. She was intelligent and (the witness) does not believe that if a stranger had approached she would not have shouted.

She says that of all the holiday group, the couple she knows least well are Kate and Gerry. She does not remember Kate had ever mentioned that Madeleine slept badly or had caused any kind of problems.

Personal description:

( * ) Dark skinned individual, male sex, aged between 35 – 40, slim physical appearance, about 1.70m tall. Very dark, thick hair, longer at the back (she could only see him from behind). He was wearing linen type cloth trousers, beige to golden in colour, a "duffy" sic type jacket (but not that thick). His shoes were dark in colour, classic type. He had a hurried walk. He was carrying a child, who was lying on both his arms, in front of his chest. By the way he was dressed, he gave her the impression that he was not a tourist, because he was very "warmly dressed".

(**) About the child whom appeared to be sleeping, she only saw her legs. The child appeared to be older than a baby. She was barefoot and was wearing what appeared to be cotton pyjamas of a light colour (possibly white or light pink). She is not certain, but has the impression a design on the pyjamas, possibly a floral pattern, but she is not certain.

As regards these details, she does not know what Madeleine was wearing at the moment of her disappearance, because she did not talk to anyone about this. As she concerns the man she saw, she only spoke to Gerald about this, not entering into details, and to the police.

When requested, she drew a sketch, which is joined to this statement (9).

Click image to enlarge

When asked, she says she would probably be able to identify the individual she saw, being able to identify him from the side and from his manner of walking.

No more is said.

Reads, ratifies, signs.

Description of the tourist resort:

Click image to enlarge

The Ocean Club resort is composed of a vast area, in accordance with the map that is annexed to this statement. This map is marked with the numbers of the sites that are of greatest importance to this investigation, such as:

1. Apartments where the couples were staying. This block is composed of 3 or 4 buildings, each containing about 6 apartments, for a total of between 20 and 30 apartments.

2. Kids Club room, attended by G***e, E**e, L***, Amelie and Sean.

3. Tapas restaurant.

4. Kids Club room attended by E**a and Madeleine.

5. Kids Club room attended by S******.

6. Millennium restaurant.

7. Praia da Luz Beach.

8. Tennis courts.

9. Area of the sketch made by the witness.

Matthew Oldfield - 11h30, 04 May 2007

Matthew Oldfield's interview on 04 May 2007

The interview begins at 11h30 on 04/05/07. It is made in the presence of inspector Patricia D.

As with previous statements, the interviewee having no command of the Portuguese language, an interpreter was requested.

It is Angela F.M. and as with all previous statements, the interview was read over and its contents explained. After having shown his agreement with his statements, the interviewee confirmed and signed as accurate, the deed that followed, conjointly with the, "sworn," interpreter. This was normal procedure since the start of the interviews.

In signing, the interpreter commits herself legally concerning the accuracy of her translation.

On the subject, the interviewee says:

It is of his own free will and of his own accord that he adds his statements in the context of the present proceedings. That he has been on holiday in Portugal since April 28th 2007 and that he is staying at the Ocean Club in Praia da Luz. That he expects to return to England on Saturday May 5th 2007. That he has known Madeleine's parents for around five years. That the little girl will be 4 years old next Saturday. That he was spending his holiday with Madeleine and her parents. That they had come as a group and that this group is composed of 9 adults and eight children. The adults are Diane, David and Fiona (children: Scarlett and Lily) Russell and Jane (children Evie and Ella) Rachael (daughter Grace) respectively the wife and the daughter of the interviewee, Gerry and Kate (children: Amelie, Sean - twins aged two - and Madeleine)

That the idea of spending the holiday in Portugal came from the couple David and Fiona and that it is they who reserved the accommodation. That this reservation was made 4 or 5 months ago. That since they arrived in Portugal, until last night, the days were all the same. In the morning, the group woke between 06h30 and 08h00 and that they all went on foot to the, "Millennium," around 10 minutes from the complex. That only Madeleine's parents, Madeleine and the twins had breakfast in their apartment due to the fact that they have three very small children.

That after breakfast, the children were left at the "Kids Club" of the complex. Madeleine and Ella go to the mini-club for their age and the other children go to another club for younger children. At lunchtime, the habit was to meet up in one of the apartments occupied by the group to have lunch there with the children. In the afternoon, the children have a sleep in their respective apartments under the supervision of an adult. The other adults do sporting activities within the complex. After their afternoon sleep, the children return to the "Kids Club."

That around 16h45, the children eat at the "Tapas," restaurant inside the tourist complex. After eating, the children went to play in a playground in the complex, supervised by adults. At around 8pm, the children went to sleep and at around 20h30, the adults went to dinner at the "Tapas" restaurant. While they were eating, the children were sleeping in their respective apartments without the constant supervision of an adult. The interviewee adds that, as the restaurant is around 1 minute from the apartments, randomly, an adult would be going frequently to check on the children in the apartments.

How the evening progressed

The interviewee says that the day yesterday was identical to the previous ones and that, as on all other nights, at around 8.45pm, he and his wife left their daughter asleep in the apartment and went to the "Tapas" restaurant.

That the couple Kate and Gerry, Madeleine's parents were already at the restaurant. That they had arrived at the restaurant five minutes before them. The rest of the adults arrived at the restaurant around five minutes after the interviewee and his wife. That the last to arrive at the restaurant was the couple David and Fiona. That the latter arrived at the restaurant at around 21h00.

That around 21h05, the interviewee went to the area of the apartments. Notably to the area near the windows of all the children's bedrooms. That he did not hear any noise. That he considered that all the children were sleeping. That all the children's bedroom windows were closed, notably the windows that gave access to the fourth apartment, that occupied by Madeleine. That after this check, he returned to the restaurant, saying that all the children were asleep. However, Gerry, Madeleine's father, went to the area of the apartments to check for himself if the children were asleep. That Gerry allegedly went into his apartment and that he checked to make sure that Madeleine and the twins were sleeping in their bedroom, where it was quite dark. The bedroom door was half-open. That five minutes later, Gerry came back to the group in the restaurant.

In answer to a question from the inspector, the interviewee does not know if Gerry met anyone while he was checking the children. He did not mention it.

That during the meal, it was usual that every 15 minutes (as on all nights) one of the adults went to the apartments to check if the children were sleeping. That normally this checking was done inside the apartments (Visual checking), but that, to be honest, sometimes this checking was only done from the outside, near the bedroom windows (Auditory checking).

As normal, dinner began at 21h30.

At around 21h25, the interviewee went into his apartment and Madeleine's apartment to check on the children. He states that the door of the bedroom quarters, that was occupied by Madeleine and the twins, was half-open and that there was enough light in the bedroom for him to see the twins in their cots. That he couldn't see the bed occupied by Madeleine, but as it was all quiet, he deduced that she was sleeping. That the light in question was from an artificial source but not inside the bedroom, rather from outside through the bedroom window. That it seemed to him that the shutters of the bedroom window were open without knowing if the window was also open.

The apartment has two bedrooms, a lounge, a small kitchen and a bathroom. The couple's bedroom has a window which is visible from the restaurant. The children's bedroom windows look out on the road outside the tourist complex. Then the interviewee went back to the restaurant.

He states that the bedroom has two windows. The twins occupy two cots placed in the middle of the room and Madeleine occupies a bed pushed against the wall, facing the wall which has the two windows that look out onto the outside of the complex. That the door through which he entered the apartment was closed but not locked. That he doesn't know if it is usual for Madeleine's parents to leave the door closed but not locked in so far as that door is visible from the restaurant.

At around 10pm, Kate, Madeleine's mother, went to her apartment to check on her children. She came back totally shocked, shouting, saying that Madeleine was no longer in her bedroom. At that time all the adults were in the restaurant. Then, the whole group went to Madeleine's bedroom and checked that the twins were sleeping OK. That there was no signs of a burglary in the apartment. Only, one window in the children's bedroom was open. The window and the shutters were open.

That during the holiday, and notably during the day yesterday and during dinner, nothing appeared unusual to the interviewee. That there wasn't the slightest change in the behaviour of any of the group, notably in that of Kate or Gerry and their respective children.

Question: And outside the group?

No, there was nothing unusual and he knows of nothing special happening. That the tourist complex was quiet and that nothing unusual happened there. That during the day the children were under the supervision of the Kids Club's staff. That he doesn't know if Madeleine was suffering from any illness or if she was taking medication. That Madeleine is very lively, obedient, communicative and extrovert. Madeleine's parents are both very friendly, communicative, happy and sensible. That the couple have an excellent relationship with their children, not making any difference in the treatment of each. That the three children were very much wanted by the couple, all three being the result of, "In Vitro," fertilisation.

The interviewee thinks that it is a kidnapping with the intention to demand a ransom from the parents, because these are people who are very comfortable financially.

Kate McCann - 14h20, 04 May 2007

Witness statement of Kate Marie Healy, on the 4th of May 2007, at 2.20 p.m.

Processos Vol I, pages 58-65
Location: CID Portimão

The witness is heard as a victim, being the mother of the minor. Of British nationality, she has no command of the Portuguese language, spoken or written. Thus, the interview is done in the presence of an interpreter, Natália Carvalho Ferreira de Almeida.

The witness says she has been married to Gerald since December 1998. She had never been to Portugal before.

This trip came at the suggestion of friends, who convinced them, at the end of last year, to spend their holiday in Portugal. The witness thinks that this trip was organised by David Payne, who made the Praia da Luz Ocean Club reservation on the Internet for the witness and her husband, as well as for the rest of the group, a total of nine adults and eight children, including her daughter Madeleine. She has known some members of the group since the year 2000 and others for a year. She was a colleague of David's wife.

They travelled in two separate groups. One of the groups was composed of the witness, her husband Gerard and their three children, and the other one was composed of their friend David and his wife, the mother-in-law and their two children. The departure points, by plane, were Leicestershire and London.

After the trip, the meeting point was in Portugal, at the Ocean Club, where the witness's group arrived on Saturday April 28th at around 3pm from Faro airport in an airport mini bus. The other group arrived on the same day, late morning.

After checking in, the witness and her family were placed in apartment G5A. The nuclear family comprises the witness, her husband Gerard, her daughter Madeleine and twins Sean and Amelie, aged two. The apartment has two beds in one bedroom, and two in another one, plus two cots on loan from the Ocean Club, as well as a bathroom and a kitchen.

The witness and her husband slept in one bedroom and the three children in the other. The twins slept in cots, Madeleine in a normal bed, the other bed remained empty.

Between the day of the arrival, April 28th, and the time at which the disappearance was discovered, the witness says that she noticed nothing unusual. She reports only one episode where, on the morning of Thursday the 3rd, Madeleine asked the witness why she had not come to look in the bedroom when the twins were crying. The witness states that she had heard nothing and had therefore not gone into the bedroom, nevertheless she found her daughter’s comment strange because it was the first time she had made it.

As far as the routines are concerned, the witness refers that on Sunday they went for breakfast at around 7.30/8.30 at the Ocean Club, namely at the resort’s bar which is located at some metres’ distance from the apartment. On the following days, and because the bar was quite far away, they started buying food at the “BATISTA” supermarket, which is located on the same road as the apartment, and they had their first meal of the day at the apartment.

After breakfast, at around 9/9.30am, the children stayed at the resort’s childcare centre, called the "Kid Club", where they did various activities such as painting, collage etc. They stayed there until around 12.30, constantly supervised by several Ocean Club employees in a ratio of one for each three children. The witness stresses that within the crèche, due to the difference in ages, the twins were in one group and Madeleine in another, with separate activities.

At 12.30pm, they collected their children and had lunch in their apartment, as it had a kitchen. After lunch, at around 1.30pm, the children spent time near the club's swimming pool, supervised by the parents, for about 45 minutes, where they played, applied sun cream etc. After this time, they placed the children back at the "Kids Club" until around 5/5.30pm, the time when the children ate at a bar under the watchful eyes of the parents. After the 5pm dinner, they bathed the children, prepared them for the night and let them play for a while at a playground next to the tennis courts, still and always under parental supervision. At around 8pm, the children were put to bed until the following morning, when the described routine started all over again.

While the children are at the "Kid Club," the witness played tennis with her husband, went for walks, read and practised “Jogging”.

Yesterday, after the daily routine, Madeleine and the twins went into the bedroom and were put in their beds at around 7.30. The witness and her husband stayed in the apartment, relaxing, until 8.30pm. She took a bath, did her make-up and drank a glass of New Zealand wine with her husband. Just after 8.30pm, the witness and her husband, after checking on their children, joined the other adults of the group at the "Tapas" restaurant, about 50 metres away, where they had dinner. As usual, every half hour, and given the fact that the restaurant was close, the witness and her husband came to make sure the children were ok. Thus, at around 9pm, her husband went to the apartment to make sure the twins, as well as Madeleine, were in perfect condition, then he went back to the restaurant. Her husband told her that the children were well and that he had bumped into the person with whom he had played tennis, who also had two children.

The witness notes that at the same time, one of their friends, called Russell, went to see his children, too, nevertheless he did not go to the room where the witness was staying.

At around 9.30pm, at the time when the witness should have gone to see her children, her friend Matt (a member of the group), who was coming to check, as well, went to the apartment where his children were staying and on his way went to the witness’s apartment. He entered the apartment through a glass sliding door at the side that was always unlocked and once inside, he had not gone into the children's bedroom. He remained at the bedroom door, listening for noise and observing the beds. He went back to the restaurant and said that everything was fine.

At around 10pm, the witness came to check on the children. She went into the apartment by the side door, which was closed, but unlocked, as already said, and immediately noticed that the door to her children's bedroom was completely open, the window was also open, the shutters raised and the curtains open, while she was certain of having closed them all as she always did.

Faced with this altered situation, she verified that the twins were in their beds, unlike Madeleine, who had disappeared. The cover was neatly pulled back and the toys were on the pillow as usual. After searching the whole apartment thoroughly, and already quite scared and unnerved, she returned to the restaurant, and alerted her husband and the rest of the group to the disappearance. The group immediately headed to the club, and set about searching in all the buildings, swimming pool, tennis courts etc... as well as in the apartment with the help of employees. At the same time, they contacted the authorities, which would later arrive.

Later, the witness would learn that a member of the group, Russell's partner Jane, at around 9.15pm, when she went to her own apartment to check on her children, saw from behind and at a distance of about 50 metres, on the road along the club, a long-haired person, she thinks wearing jeans, with a child in his arms, walking very quickly. But she is better able to tell about that herself.

Concerning Madeleine, she is Caucasian, with quite white skin, aged four (12/05/2003) about 90cm tall. Of slim build, dark blond hair, straight and of shoulder length. Left eye blue-green, right eye also green with a brown spot on the pupil. She had a small brown spot on the skin of her left leg, as well as a small sunburn on her right forearm. She had no scars. At the time of her disappearance, she was wearing pyjamas, with white bottoms with a floral pattern and a frill at the end. The short-sleeved top, mainly pink with a blue-grey donkey figure on the front, bearing the inscription "EEYORE", an inscription which was also on one of the trouser legs.

The pyjamas are of the "Marks and Spencer" brand.

Concerning the child's personality, she was extrovert, very active, talkative, smart and related to other children with great ease. But she would never go with a stranger.

She has no suspects to indicate, nor does she find a motive for such action, as she has no enemies, and knows none for her husband.

She states that her daughter has no illnesses and is not on any medication.

Upon request, she authorises a reading of the data on her mobile phone, nr. 00447XXXXXXXXX.

Apart from the Kids Club and the apartment, they only went to the beach with Madeleine and the other children once, and only for a very short period of time, because the weather was unstable, which happened between 1.30 and 3 p.m., when they returned to the club. At the beach, they only ate an ice cream and returned to the apartment. Apart from that, on Wednesday or Thursday, Madeleine and the other children went sailing at the beach, five minutes away from the club, for an hour, in an event that was organised by the resort. The surveillance of this activity and the organisation were done by the club, and the deponent was not present, nor was her husband.

She never noticed any strange behaviour during these days or anything which might lead to such an outcome.

After having been shown the list of the club’s guests, she said she only knows the names of the members of the group.

Other than the daughter, nothing else has disappeared, including the child’s clothes or accessories.

When asked, the witness said she did not have an intercom, unlike David and Fiona
who had one to listen to their children's cries or other noises.

She has nothing else to add, and wishes the due criminal proceedings and to be indemnified over the action that she was a victim of.

Reads, confirms, ratifies and signs, as does the interpreter

David Payne - 14h45, 04 May 2007

David Payne's interview on 04 May 2007

David Payne's statements were taken the day after Madeleine's disappearance, May 4th 2007 at 14h45. As with all the others, David Payne was accompanied by a, "sworn," interpreter, A. Francisco M. The statement was recorded by inspector Patricia D.

The words at the beginning of an interview are invariably the same. They are mandatory type words. They form the legal basis of the document. Recited often, they are like:

"We, Patricia D., police inspector, in the service of the PJ, Portimao Section, note:"

On the subject we are recording it is shown:

That the interviewee made this statement voluntarily. That he has been on holiday in Portugal since April 28th 2007, staying at the Ocean Club, Praia da Luz. That he plans to return to England on May 5th 2007 (Saturday). That he has known Madeleine's parents for around 5 years. That he was on holiday with Madeleine and her parents. That he came with a group. That the group is composed of nine adults and eight children. The adults are: Diane, the interviewee and his wife (children: Scarlett and Lily), Russell and Jane (children: Evie and Ella), Matthew and Rachael (child: Grace), Gerry and Kate (children: Amelie, Sean and Madeleine).

That they came to Portugal via a tour operator. That it was the interviewee who booked the trip.

Concerning the days spent in Portugal, the interviewee describes them as being all very much the same. He states that his family, composed of his mother-in-law Diane, his wife Fiona and their two children, spent their days more independently than other members of the group. They were most often with the couple Russell and Jane.

Concerning the remaining members of the group, normally they got up and went for breakfast at the, "Millennium," restaurant, after which they left their children at the Kids Club and the adults went to do sports inside the tourist complex or they went to the beach. The couple Gerry and Kate had breakfast in the apartment. It was usual to have dinner together every night. With the exception of Saturday, when they all dined at the, "Millennium," restaurant, every evening the group was to be found at the "Tapas" restaurant at around 20h45 for dinner. While the adults were dining, the children were sleeping in their respective apartments.

In answer to our question, the interviewee states that during all the meals, he never went to his apartment or to any of the group's apartments, because he has an, "intercom," and the signal carries from the apartment to the restaurant. The other members of the group went, randomly, every 20 minutes, to their apartments to make sure their respective children were asleep.

Concerning yesterday evening, he states that he, his wife and his mother-in-law arrived at the restaurant at around 20h55. According to what he remembers, when they arrived, all the members of the group were present, apart from the children, who were in bed. During the evening, Gerry, Jane and Matthew went, alternately, to their children's bedrooms to check if they were sleeping. He thinks they physically went into the apartments. He no longer remembers in what order they went see their children.

Towards 22h00, Kate went to her apartment, and less than 5 minutes later, she came back to the restaurant, breaking down, reporting that Madeleine had disappeared. Then everybody went to the apartment occupied by Madeleine's family. He remembers comments concerning the fact that the window and the shutters were open, while they had remained closed throughout the week.

That the apartment occupied by Madeleine's family comprises two bedrooms, a small kitchen, a lounge and a bathroom. That the lounge has a door which gives outside access in the direction of the restaurant. He does not recall any more details of the apartment but he remembers that the bedroom occupied by the children has a window that looks onto the main road. That he never went into the said bedroom occupied by the children but he could see that there were two beds and two cots. The cots were placed in the middle of the bedroom. One of the beds was placed against the window and the other, the one occupied by Madeleine, was against the wall facing the one which has a window.

In answer to our question, the interviewee doesn't know how many times Madeleine left the tourist complex, but he knows she went, at least once, to the beach. That during the holiday, he saw nothing abnormal concerning the couple Gerry and Kate, neither with their children nor, notably, with Madeleine. In the context of the group, he noticed nothing abnormal. That during the whole holiday, and particularly during the day and the night yesterday, nothing unusual happened in the tourist complex, which attracted his attention, or which could be correlated with Madeleine's disappearance.

He describes Madeleine as being a communicative girl, happy, obedient and very well behaved. Madeleine's parents are very sociable people, known by lots of people, kind and affectionate. Madeleine is indeed the daughter of both of the couple. She was wanted and is the result of, "In Vitro," fertilisation. There was no difference in treatment between Madeleine and the twins. He doesn't know if Madeleine suffers from any illness, nor if she is on medication. He has nothing more to say that could help the progress of the investigation.

Fiona Payne - 19h20, 04 May 2007

Processos Vol I

Pages 69 – 72

Witness Statement

Fiona Elaine Payne

Date: 2007.05.04

Time: 19h20

She comes to the process as a witness, and as part of the group that travelled to Portugal with the parents of Madeleine. She is married to David, who also travelled to Portugal.

She has known the girl's parents, Gerard (sic) and Kate, for about seven years. She got to know them through Kate when they worked together. It was also at this time that she got to know her [Kate's] husband in social settings.

She knows that the couple has three children, twins who are two years of age and Madeleine, who was almost four years old.

The witness has two children, of the female sex, who are two and one years old respectively. The idea of travelling to Portugal came from her husband David who had already been to Portugal about 11 years ago, before she got to know him.

She arrived in Portugal on the 28th April, at around 12h00, leaving from Leicestershire, and arriving at Faro and then on to Praia da Luz. From Faro, she arrived at the Ocean Club via mini bus taken from the airport. After check-in she was lodged in apartment G5H with her family (husband, mother and two daughters).

As regards the next days, she says that in the morning, after breakfast, which the family would eat in the club bar around 08h15/08h30 they would then put their children in the club crèche, in different areas. During this time, the witness and her husband would go swimming and practice other sports on the beach, which was around 8 minutes distance on foot. Around 12h30/13h00 they would go to get the children from the crèche and would have lunch in the apartment, at times with other children. Immediately afterwards her children would take a nap, whilst the witness and her husband stayed in the apartment. Around 15h30/16h00 the children would wake up from their nap and all of them would head towards the pool zone or the tennis court where they would stay until around 18h00/19h00. They would then return to the apartment, would bathe the children, put them to sleep and would go and meet with the rest of the group, to have dinner. All the adults would meet in the Tapas restaurant located close to the club.

During dinner, as they were in a possession of a "baby monitor", they did not go to the apartment to check on their children and would only do so if they heard any strange noises or crying.

On the day before yesterday, they slightly altered their routine - they went to the beach with the children and her mother Dianne. They arrived there around 15h45 and left at 18h15, and headed towards the tennis court until about 19h00. Immediately afterwards, the witness headed towards the apartment with her children, and her mother. Ten minutes later her husband David appeared. In the apartment her mother, helped by her husband David, bathed the children whilst the witness went jogging on the beach until around 20h00. Afterwards, she returned to the apartment and got ready. She left around 20h45, accompanied by David and her mother, in order to meet the rest of the group in the Tapas restaurant.

During dinner, amongst other friends present was the McCann couple - Madeleine's parents.

When questioned she says that she did not go to the club, neither did her husband, to check on the children as she possessed a baby monitor, as previously mentioned. However, she states that Gerald and Kate went with regularity, as did the other couples to ensure that their children were well. On one of these occasions, upon returning, Kate, very scared and nervous, in a panic, told them in the restaurant that Madeleine had gone missing, screaming and frightened.

Immediately, they organised search groups, either in the apartment thinking that she could be hidden, or outside, which resulted in nothing, even with the help of the employees.

Due to Kate's highly anxious state, she decided to stay with her, giving her all support she needed.

She had never previously been in Madeleine's family apartment.

She knew Madeleine well and describes her as very intelligent and she would not go with a stranger without screaming or protesting, unless she was very tired or sleeping.

As regards the episode with Jane—she [Jane] only told her that she had seen an individual with a child in his arms, not knowing that it was Madeleine.

During this holiday period she never noticed anything strange or relevant to the facts in question.

She has no other elements to offer the investigation.

No more was said.

Reads, ratifies, signs.

Rachael Mampilly (Oldfield) - 19h20, 04 May 2007

Rachael Mampilly's interview on 04 May 2007

Interview with Rachael Mariamma Jean Mampilly (Oldfield).

On the subject we note that.

Being a British citizen and not understanding the Portuguese language, in spoken or written form, the undersigned was accompanied by a sworn translator: Filipa M.C.S. The interview begins at 19h20 on May 4th 2007.

Since last Saturday, April 28th 2007, she has been on holiday in Portugal at the Ocean Club tourist complex in Praia da Luz, accompanied by her husband Matthew Oldfield. They traveled from London to Faro airport with their daughter Grace, aged 19 months. This trip was organised for a group of nine adults and eight children. Her husband and her daughter are part of the group:

* The couple, Russell O'Brien and Jane Michelle Tanner, with their daughters, Ella aged three and a half and Evie aged 19 months.
* David and Fiona Payne with their daughters Lily aged three years and Scarlett aged 12 months.
* Gerald (Gerry) McCann and Kate MCann with their twins, Sean and Amelie, aged 26 months and Madeleine aged 4 years.

Also in their group is Diane Webster, Fiona Payne's mother.

The holiday was organised because the men in the group are all doctors, apart from Fiona Payne and Kate McCann who worked together for a long time. These shared holidays are usually organised for the whole group, although for the last holiday, last September, Gerry McCann and Kate McCann did not go to Greece with the group.

The interviewee has known the couple, Gerry and Kate, since 2003. Her husband, Matthew, knew them from before. On arrival at the airport, they were transported in a, "Mark Warner," company bus. There were other people on the bus apart from the group. They were put up at the Ocean Club in Praia da Luz.

The couples had their own, individual apartments, at the same complex, with their respective children. Since their arrival until yesterday evening, when Madeleine disappeared, the days have all been the same.

After breakfast, taken between 08h00 and 09h00 in the Millennium restaurant, she takes her daughter to the Kids Club, about 10 minutes walk from the apartment. The other couples do exactly the same thing, with the exception of Gerry and Kate McCann who have breakfast in their apartment. The interviewee's daughter goes to a room at the Kids Club which is close to the, "TAPAS," restaurant. Madeleine goes to another room, situated near the club's reception, because she is older.

After dropping her daughter off, the interviewee had a tennis lesson between 11h00 and 12h00. Then she went back to the Kids Club to pick up her daughter, Grace, for lunch. She made Grace's lunch and then they went to Russell O'Brien or David Payne's apartment, where they all ate together. Only Gerry and Kate McCann had lunch in their apartment with the twins and Madeleine. The interviewee has the impression that the McCann family had one lunch on the beach.

All members of the group did their shopping at the only supermarket near the complex, the "Baptiste."

She never saw any suspicious attention, or ever had suspicions about anybody she came across, either in their independent activities or in the group with their children.

Her relationship with the couple, Gerry and Kate, is one of good friendship and they meet up occasionally at celebrations, weddings and birthdays.

Concerning Madeleine, she is a happy child, good natured and full of energy. She considers it impossible that a stranger could take her without her shouting or crying. She is a smart child who knows right from wrong.

TAPAS

They had the habit of going to eat every evening at the,"TAPAS," restaurant which is about 50 metres from the apartments as the crow flies but 60 or 70 metres round the building to the back entrance.

Yesterday, at around 08h45, like every evening, they joined the rest of the group to eat at the,"tapas," restaurant. Her husband Matthew, went to look for David Payne and Fiona Payne. At around 9pm, the couple arrived two or three minutes after Matthew. He had been to check the children's bedrooms, his own apartment where his daughter was sleeping but also that of the twins and Madeleine. He listened at both closed shutters and didn't hear any noise. He also checked to see if there was any noise in Russell O'Brien and Jane Tanner's apartment. He said that he hadn't heard any noise.

After placing their orders, at around 09h15, Gerry McCann went to check, only his apartment. He was held up for nearly 10 minutes because, he said, he had been chatting with Jes about tennis. Today there was a tournament which they both had to compete in. During Gerry's absence, the waiters started to bring the food. Jane was also absent to check her apartment. Gerry returned shortly after Jane.

Between the starters and the main course, at around 09h30, her husband Matthew Oldfield and Russell O'Brien both went to check on the children. Kate was also planning to go and see the children, but they told her it was no trouble, that they would go and check. Kate, therefore, stayed at the restaurant. Four or five minutes later the interviewee's husband came back after having checked his apartment. He also checked the one where Madeleine was. He went in through the patio door (the couple Gerry and Kate McCann left this door accessible for everyone during dinner) The said patio door gives access to the apartment's lounge where two doors open into the respective bedrooms.

Her husband went into the main room and, "hung about," to listen for any noise from the bedroom where the children were sleeping. He didn't switch any lights on. He could see the twins in their beds. The bedroom door was half-open. It was only later that he realised this was strange. At the time, he gave no importance to the fact. The interviewee's husband came back to the restaurant and said that everything was fine, that he hadn't heard any noise. He also said that Russell O'Brien was staying with his daughter, Evie, who was crying.

They had the main course and Jane went off to replace Russell so that he could come and eat. The interviewee does not know exactly when Russell arrived.

At around 10h00, Kate McCann went on her own to check her children. She came back to the restaurant in tears and told us that Madeleine had disappeared. We all got up then and went with her to see. The surrounding area was combed after having checked that Madeleine was not hiding in the apartment. The twins carried on sleeping. They didn't move.

The interviewee has nothing else to add. After reading with the interpreter, who explains to her, she goes on and signs.

The interviewee remembers that Kate said the window at the front of the apartment was open, the shutters raised. The couple had never opened the shutters during their stay.

Dianne Webster - 20h45, 04 May 2007

Dianne Webster's interview on 04 May 2007

The interview begins at 20h45 on May 4th 2007. Since the informant has no command of Portuguese in spoken or written form, an interpreter was called for: Natalia C.

On the matter in hand, we note that:

The informant is interviewed as a witness. She is part of a group who travelled to Portugal with the parents of the minor, Madeleine. She is FIONA's mother. She had accompanied her, her husband and her two small children. She has known the parents of the missing child, Kate and Gerald, for around four years, through her daughter. They have since become friends.

She states that the McCann couple have three children, twins aged two and Madeleine, nearly four years. She thinks the idea of coming to Portugal came from her daughter. She believes her daughter knows Portugal.

The informant arrived in Portugal on April 28th at around 12h20/12h30 from Leicestershire to Faro and then to Praia da Luz. From Faro to the Ocean Club they they used the airport's shuttle service. After checking in, she was placed in apartment G5H with her family. (Her daughter, her son-in-law and their two small children)

Concerning the usual routines, the informant states that she only spent part of each afternoon with her family and that not always. Sometimes she read, she went shopping or did other things. As for the mornings, she only had lunch one day with her family, Wednesday, because it was raining. On the other days, she spent the mornings playing tennis.

Concerning the day yesterday, she went to the beach with the children, her son-in-law and her daughter. They arrived there at around 15h45 and left at around 18h15 to go to the tennis courts where she stayed until 19h00. The informant then went to the apartment with the small children and ten minutes later, her son-in-law, David, joined them. With her son-in-law's help, they bathed the children.

They left the apartment at around 20h45 and accompanied by her son-in-law and her daughter, they went to join the rest of the group at the "TAPAS" restaurant. The McCann couple were amongst the other friends at dinner. To our question, the informant told us that given that her daughter had an intercom allowing them to hear if the children were shouting or crying, no one went to check on the spot. However, she reported that Kate and Gerald as well as other couples went a few times, on a regular basis, to make sure their children were OK. During one of these checks, Kate came back, frightened and nervous, even panicked, saying that Madeleine had disappeared.

They immediately organised search parties, in the apartment, thinking that she could be hiding in there, then outside. In spite of help from the Ocean Club's employees, the searches were fruitless.

The informant does not know Madeleine well, because she lives a long way from the McCanns, and she cannot say very much about Madeleine's personality. Nevertheless, she reports that Madeleine was calm but active and energetic and well brought up. She is an attractive and a good child.

During this holiday, she has noticed nothing unusual or which could be linked to the investigation.

She has no other details to add. After reading with the interpreter, who explains to her, she goes on and signs.

Russell O'Brien - 21h45, 04 May 2007

Russell O'Brien's interview on 04 May 2007

The interview begins at 21h45 on May 4th 2007. Being a British citizen and not understanding Portuguese, in written or spoken form, the informant is accompanied during his statements by a sworn translator: Filipa M.

The informant completely corroborates the statements by his partner Jane Tanner and Rachael Mampilly. Interview taken by the signatory to the present deed, J.C., police inspector. Concerning the journey, the make-up of the group and the usual routines of the adults and children of the group, of which the informant is part, at the Ocean Cub, he states that:

Apart from his partner, he is on holiday with their children E**a O'Brien, aged three years and E**e O'Brien aged one year. He works as a doctor. He is a colleague of (Gerry) McCann, having worked together for six months. His partner became pregnant around the same time as Gerry's wife. The informant's daughter, E**a, and Madeleine Beth McCann are more or less a month apart in ages. E**a and Madeleine go to the same room at the Kids Cub, near the reception. The staff are Cat and another person named Emma.

Until yesterday, May 3rd 2007, he has no knowledge of anything suspicious or strange happening around the group of friends or their children. Everybody seemed normal to him from the cleaning staff, to the gardeners, to the rest of the employees of the complex. In Praia, he never noticed anything strange or people who could have been thought of as strange enough to attract his suspicions.

Yesterday, as his daughter E**e was feeling ill, the informant dropped E**a at the Kids Club at around 10am after breakfast. He completely corroborates his partner Jane Tanner's statements for the rest of the day.

At around 19h15/19h30, the informant went back to his apartment. He read stories to his daughters, including E**e who was feeling better. His partner, Jane, went to have dinner at the "TAPAS" restaurant at around 20h30 and he went there at around 20h45. When he arrived at the restaurant, nearly all the adults were present, without children, with the exception of David, Fiona and Diane. They arrived more or less 5 minutes later.

At around 21h00, they had all ordered their meals. While they were eating, it was normal that every 15 minutes, one person from each apartment went to make sure the children were ok. Yesterday, as E**e was not well, the interval between checks was reduced. He recalls that Matthew Oldfield left the restaurant at shortly after 21h00 to check the children. He is no longer sure who went out first, but five minutes later, Gerry McCann and his own partner, Jane, went out, almost at the same time, to check the children. He thinks that Gerry must have gone out first because Jane saw him chatting with a person on holiday at the complex, a certain Jez. He thinks that Jane only checked their apartment, being worried about E**e. Then Gerry came back at around 21h25/21h30 and they started to eat the main course.

At around 21h35/21h40, taking advantage of the lull between two courses, the informant left the restaurant with Matthew to check the children. When he got there, his daughter E**e was crying. He stayed in her bedroom with her. He supposes that Matthew checked his apartment. Matthew returned to the restaurant five minutes after leaving it. His partner came to take his place in E**e's bedroom around 15 minutes later after finishing dinner.

At around 21h55, he went back to the restaurant where his food had been waiting for 5 or 10 minutes. All the other adults had finished.

At a round 22h00, Kate Healy went out to check her children in her apartment. When she came back, she came towards our table, shouting that Madeleine had disappeared. We all went out, running, and with the help of a few people we decided to search in the area around the apartment blocks. The search proved fruitless.

After reading with the translator, who explains to him, he goes on and signs.

Comparison of statements made to the PJ by the McCanns and the Tapas Seven on 04 May 2007

Many thanks to Lesly Finn for compiling this list

Monday, 2 March 2009

Was anything unusual noticed during the holiday?

Kate McCann - Nothing except on morning of 3rd May Madeleine asked her why she had not come to look in the bedroom when the twins were crying.

Gerry McCann - Nothing except on morning of 3rd May Madeleine asked her father why he had not come to look in the bedroom when the twins were crying.

Fiona Payne - Nothing noticed.

David Payne - Nothing noticed.

Matthew Oldfield - No, there was nothing unusual and he knows of nothing special happening. That the tourist complex was quiet and that nothing unusual happened there.

Rachael Oldfield - She never saw any suspicious behaviour, or ever had suspicions about anybody she came across, either in their independent activities or in the group with their children.

Dianne Webster - Nothing noticed.

What were the usual daily routines?

7.30 - 8.30 GM & KM - The day after arrival (29th April) went to Millennium for breakfast. They found it too far and from then on bought food in the supermarket and took breakfast in their apartment.

FP - Take breakfast as family in a bar at a club around 8.15/8.30.

DP - Concerning the remaining members of the group, normally they got up and went for breakfast at the "Millennium" restaurant, after which they left their children at the Kids Club and the adults went to do sports inside the tourist complex or they went to the beach.

DW - Concerning the usual routines, the informant states that she only spent part of each afternoon with her family and that not always. Sometimes she read, she went shopping or did other things. As for the mornings, she only had lunch one day with her family, Wednesday, because it was raining. On the other days, she spent the mornings playing tennis.

MO - In the morning, the group woke between 6.30 and 8am and that they all went on foot to the, "Millennium," around 10 minutes from the complex. That only Madeleine's parents, Madeleine and the twins had breakfast in their apartment due to the fact that they have three very small children.

RO - After breakfast, taken between 8 and 9 am in the Millennium restaurant, she takes her daughter to the Kids Club, about 10 minutes walk from the apartment. The other couples do exactly the same thing, with the exception of Gerry and Kate McCann who have breakfast in their apartment.

JT - Only Gerry and Kate have breakfast in their apartment due to the fact that they have three children and it is complicated walking with the three at the same time.

9.00/9.30 Children go to creche. [KM, GM, FP, DP, MO, RO, JT]

12.30 KM & GM - Children collected from creche and have lunch in their own apartment. After lunch children spend time around pool with parents for about 45 minutes before returning to creche.

DW - States the only day she ate lunch in the apartment was on Wednesday because it was raining.

MO - At lunchtime, the habit was to meet up in one of the apartments occupied by the group to have lunch there with the children. In the afternoon, the children have a sleep in their respective apartments under the supervision of an adult. The other adults do sporting activities within the complex. After their afternoon sleep, the children return to the "Kids Club."

FP - In afternoon their children take a nap while they stay in apartment. Around 15.30/16.00, nap over, they all go to pool or tennis courts until 18.00/19/00 when they return to apartment and put children to bed before going to join rest of the group at the Tapas restaurant for dinner.

RO - She went back to the Kids Club to pick up her daughter for lunch. She made her daughter's lunch and then they went to Russell O'Brien or David Payne's apartment, where they all ate together. Only Gerry and Kate McCann had lunch in their apartment with the twins and Madeleine. The interviewee has the impression that the McCann family had one lunch on the beach.

JT - Towards 12.30, they go to fetch their children from the respective rooms at the, "Kids Club," which close for lunch. Lunch was sometimes taken all together in the apartment of one of the couples. Towards 14.30, the "Kids Club" rooms open and only Madeleine, the twins and El** go back. The others stay with their respective parents.

MO - That around 16.45pm, the children eat at the "Tapas," restaurant inside the tourist complex. After eating, the children went to play in a playground in the complex, supervised by adults.

KM & GM - 17.00/17.30 the children eat their tea in a bar watched by parents. After tea children have bath and are prepared for night. Then play around in a playground next to the Tennis courts under parental supervision. Children put to bed at 20.00.

MO - At around 20.00, the children went to sleep and at around 20.30pm, the adults went to dinner at the "Tapas" restaurant. While they were eating, the children were sleeping in their respective apartments without the constant supervision of an adult. The interviewee adds that, as the restaurant is around 1 minute from the apartments, randomly, an adult would be going frequently to check on the children in the apartments. That during the meal, it was usual that every 15 minutes (as on all nights) one of the adults went to the apartments to check if the children were sleeping. That normally this checking was done inside the apartments (Visual checking), but that, to be honest, sometimes this checking was only done from the outside, near the bedroom windows (Auditory checking)

FP - During dinner neither she or her husband ever went to their apartment to check because they would have heard the slightest noise thanks to a baby monitor type intercom.

DP - States that during all the meals, he never went to his apartment or to any of the group's apartments, because he has an "intercom," and the signal carries from the apartment to the restaurant. The other members of the group went, randomly, every 20 minutes, to their apartments to make sure their respective children were asleep.

RO - They had the habit of going to eat every evening at the,"TAPAS," restaurant which is about 50 metres from the apartments as the crow flies but 60 or 70 metres round the building to the back entrance.

DW - To our question, the informant told us that given that her daughter had an intercom allowing them to hear if the children were shouting or crying, no one went to check on the spot. However, she reported that Kate and Gerald as well as other couples went a few times, on a regular basis, to make sure their children were OK.

JT - Usually, every 15 minutes one person from each apartment went to the respective rooms to make sure everything was OK.

ROB - While they were eating, it was normal that every 15 minutes, one person from each apartment went to make sure the children were OK.

Thursday 3rd May

KM & GM - No details of what they all did during that particular day.

FP - 3rd May routine slightly changed - she went to beach with her children, husband and mother. They arrived around 15.45 and came back to tennis courts at around 18.15. At 19.00 she returned to apartment with her children and mother. Her mother and husband bathed the children while she went jogging on beach until 20.00.

DW - Concerning the day yesterday (May 3rd), she went to the beach with the children, her son-in-law and her daughter. They arrived there at around 15.45pm and left at around 18.15pm to go to the tennis courts where she stayed until 19.00. The informant then went to the apartment with the small children and ten minutes later, her son-in-law, David, joined them. With her son-in-law's help, they bathed the children.

JT - Wasn't at breakfast because she had a tennis lesson scheduled for 9.00. Ev** must have been unwell because she didn't go to the "Kids Club" that day. Kate Healy and Dianne Webster came and waited 30 minutes for the tennis lesson to finish at 9.30. During the tennis lesson Kate Healy behaved normally. After the lesson, the interviewee and her partner, O'Brien, went with their daughter Ev** to the beach until 12.20. Then they had been to fetch El** from the "Kids Club" - she did not notice if Madeleine was still at the "Kids Club".
12.45 - 13.45 Lunched in their apartment with their two children together with Matthew Oldfield, Rachael Manpilly and their daughter.
14.00 Around 14.00 again played tennis with Rachael Manpilly this time. While she was playing tennis she saw Kate Healy and Gerald mcCann with their three children in the play area next to the
court. Kate waved to her. The mcCann family stayed in that play area until 14.40.
14.45 JT went back to her apartment where she stayed with her daughter Ev**. Her husband and Matthew Oldfield went sailing.
15.45 JT went to the Praia beach with her daughter, Rachael Manpilly, Diane Webster, Fiona Payne, and both Payne children. Her husband Russell O'Brien was back from his boat trip and he went to fetch El** from the "Kids Club." They joined the group at the beach until 18.10/18.15. On the way back to the beach, the group of friends saw Gerald McCann and Kate Healy having an individual tennis lesson. The children were not with them.
17.15 They saw Kate Healy jogging along the beach.
18.20 Russell O'Brien, Matthew Oldfield and David Payne had left the beach a little earlier to go to the tennis court for men's tennis night, and when the group came back from the beach at around 18.20 they went past the tennis court and they saw all the men, including Gerald McCann, on the court. They stayed to talk to them for around 20 to 30 minutes. Gerald McCann behaved normally. JT supposed that Kate was at the apartment putting the children to bed.
19.00 They went to their own apartments with the children. The interviewee bathed her two daughters, read them a story to send them to sleep. As Ev** was unwell and had difficulty going to
sleep, she stayed with her father who, meantime, had returned.

Checking the children during the evening of 3rd May

KM - Every half hour she and her husband went to make sure children OK.

GM - Every half hour he or his wife went to make sure children OK.

FP - Kate & Gerry, as well as other couples, went a few times at regular intervals to make sure the children were OK.

DP - During the evening, Gerry, Jane and Matthew went, alternately, to their children's bedrooms to check if they were sleeping. He thinks they physically went into the apartments. He no longer remembers in what order they went see their children.

ROB - as Ev** was not well, the interval between checks (15 minutes) was reduced.

What happened during the evening of 3rd May

19.15/19.30 ROB returned to his apartment from the tennis court.

19.30 KM - Maddie and twins went to bed in their respective beds.

19.30 GM - Maddie and twins went to bed in their respective beds.

20.00 - 20.30 KM - Took a bath, did make-up. Drank glass of NZ wine with GM.

GM - After children in bed they stayed in apartment to relax and have drink of wine until 20.30.

20.30 KM - Just after 20.30 they checked children and joined the other adults of the group at the 'Tapas' restaurant about 50 metres away.

20.30 GM - After they had checked the children they, accompanied by other adults, went to the 'Tapas' restaurant about 50 metres away.

20.30 JT - Went to dinner at the, "Tapas," restaurant leaving ROB with the children. When she arrived at the restaurant, several adult members of the group were already there, without children, who were, in theory, asleep.

20.30 ROB - His partner (Jane Tanner) left to go to the Tapas.

20.45 ROB - He went to the Tapas. When he arrived at the restaurant, nearly all the adults were present, without children, with the exception of David, Fiona and Dianne. They arrived more or less 5 minutes later.

20.45 FP - went out accompanied by her mother and husband to join rest of group at the Tapas restaurant.

20.55 DP - He, his wife and his mother-in-law arrived at the restaurant at around 20.55pm. According to what he remembers, when they arrived, all the members of the group were present, apart from the children, who were in bed.

20.45 MO - as on all other nights, at around 20.45pm, he and his wife left their daughter asleep in the apartment and went to the "Tapas" restaurant. Kate and Gerry, Madeleine's parents were already at the restaurant, they had arrived at the restaurant five minutes before them. The rest of the adults arrived at the restaurant around five minutes after the interviewee and his wife. That the last to arrive at the restaurant was the couple David and Fiona, who arrived at the restaurant at around 21.00.

20.45 RO - at around 20.45pm, like every evening, they joined the rest of the group to eat at the "tapas" restaurant. After arriving her husband Matthew went to look for David Payne and Fiona Payne.

20.45 DW - They left the apartment at around 20.45 and accompanied by her son-in-law and her daughter, they went to join the rest of the group at the "TAPAS" restaurant. The McCann couple were amongst the other friends at dinner.

21.00 JT - Around 21.00, her partner (Russell O'Brien) arrived at the restaurant. He had succeeded in getting Ev** to sleep. Because of the late arrival of David Payne, Fiona Payne and Dianne Webster, the meal booked for 8.30pm, did not start until 21.00, when the Payne family arrived.

21.00 RO - The Paynes arrived two or three minutes after Matthew. He had been to check the children's bedrooms, his own apartment where his daughter was sleeping but also that of the twins and Madeleine. He listened at both closed shutters and didn't hear any noise. He also checked to see if there was any noise in Russell O'Brien and Jane Tanner's apartment. He said that he hadn't heard any noise.

21.00 ROB - At around 9pm, they had all ordered their meals.

21.00 ROB - Recalls that Matthew Oldfield left the restaurant at shortly after 9pm to check the children.

21.00 KM - Her husband went to apartment to check. Told her he had bumped into tennis partner. At same time ROB went to check his own children without checking theirs.

21.05 ROB - He is no longer sure who went out first, but five minutes later, Gerry McCann and his own partner, Jane, went out, almost at the same time, to check the children. He thinks that Gerry must have gone out first because Jane saw him chatting with a person on holiday at the complex, a certain Jez. He thinks that Jane only checked their apartment, being worried about Ev**.

21.05 MO - That around 21.05, the interviewee went to the area of the apartments. Notably to the area near the windows of all the children's bedrooms. That he did not hear any noise. That he considered that all the children were sleeping. That all the children's bedroom windows were closed, notably the windows that gave access to the fourth apartment, that occupied by Madeleine. That after this check, he returned to the restaurant, saying that all the children were asleep. Gerry then went to the area of the apartments to check for himself if the children were asleep. That Gerry allegedly went into his apartment and that he checked to make sure that Madeleine and the twins were sleeping in their bedroom, where it was quite dark. The bedroom door was half-open. That five minutes later, Gerry came back to the group in the restaurant. In answer to a question from the inspector, the interviewee does not know if Gerry met anyone while he was checking the children. He did not mention it.

21.05 GM - He entered apartment using his key, the door being locked, and went to childrens' room and noted that M and twins were OK. Took several minutes to go to toilet. Left apartment and bumped into someone he played tennis with and had brief conversation. Then returned to Tapas.

21.10 JT - The interviewee recalls that, around 9.10pm, Gerald McCann left the restaurant to go to the apartment to see the children. Five minutes later the interviewee left, in her turn, to go to her own apartment to check on her children. She saw Gerald McCann talking to a British citizen named Jez. They got to know each other during the holiday and played tennis together. She went past them knowing that Gerald McCann had already checked the children in the apartment. After checking on her children, the interviewee went back to the "Tapas." On her way back, Gerald McCann was no longer in the road where she had seen him talking. On her arrival at the restaurant Gerald McCann was with his wife Kate Healy (McCann).

21.15 RO - After placing their orders, at around 21.15, Gerry McCann went to check, only his apartment. He was held up for nearly 10 minutes because, he said, he had been chatting with Jes about tennis. Today there was a tournament which they both had to compete in. During Gerry's absence, the waiters started to bring the food. Jane was also absent to check her apartment. Gerry returned shortly after Jane.

21.25 MO - At around 21.25, the interviewee went into his apartment and Madeleine's apartment to check on the children. He states that the door of the fourth room, that was occupied by Madeleine and the twins, was half-open and that there was enough light in the bedroom for him to see the twins in their cots. That he couldn't see the bed occupied by Madeleine, but as it was all quiet, he deduced that she was sleeping. That the light in question was from an artificial source but not inside the bedroom, rather from outside through the bedroom window. That it seemed to him that the shutters of the bedroom window were open, without knowing if the window was also open. That the door through which he entered the apartment was closed but not locked. That he doesn't know if it is usual for Madeleine's parents to leave the door closed but not locked because that door is visible from the restaurant.

21.25/21.30 ROB - Gerry came and they started to eat the main course.

21.30 MO - As normal, dinner began at 9.30pm.

21.30 KM - It was her turn to check but friend MATT had just checked in his apartment then gone to hers. He had entered through glass door at the side but did not enter the childrens' room; he just looked through door. Did not hear any noise. Returned and said everything fine.

21.30 RO - Between the starters and the main course, at around 21.30, her husband Matthew Oldfield and Russell O'Brien both went to check on the children. Kate was also planning to go and see the children, but they told her it was no trouble, that they would go and check. Kate, therefore, stayed at the restaurant.

21.30/21.35 JT - 15 to 20 after getting back from her check, Matthew Oldfield and her husband, Russell O'Brien, left to go and see the children. As their daughter Ev** wasn't well, and she was crying, Russell stayed in the room. Matthew checked the children then those of Gerald and Kate. According to him, he saw the twins but he did not succeed in seeing Madeleine. But as he did not hear any noise, he thought everything was OK and went back to the restaurant. Matthew informed the interviewee that Russell was staying in the room. After quickly eating the main course, the worried interviewee went to take her husband's place in the apartment so that the latter could eat.

21.30 GM - States that a friend, MATT, (a member of the group) went to his apartment where his own children were, and he went through the interviewee's apartment, going in through a glass door at the side of the building, which was always open. He went into the room. He saw the twins and he checked if Madeleine was OK. Everything was normal, the shutters closed and the bedroom door half-open as usual. Then MATT went back to the restaurant.

21.35 RO - Four or five minutes later (having left around 21.30) the interviewee's husband came back after having checked his apartment. He also checked the one where Madeleine was. He went in through the patio door (the couple Gerry and Kate McCann left this door accessible for everyone during dinner) The said patio door gives access to the apartment's lounge where two doors open into the respective bedrooms. Her husband went into the main room and, "hung about," to listen for any noise from the bedroom where the children were sleeping. He didn't switch any lights on. He could see the twins in their beds. The bedroom door was half-open. It was only later that he realised this was strange. At the time, he gave no importance to the fact. The interviewee's husband came back to the restaurant and said that everything was fine, that he hadn't heard any noise. He also said that Russell O'Brien was staying with his daughter who was crying. They had the main course and Jane went off to replace Russell so that he could come and eat. She does not know exactly when Russell arrived.

21.35/21.40 ROB - At around 9.35/9.40, taking advantage of the lull between two courses he left the restaurant with Matthew to check the children. When he got there, his daughter was crying. He stayed in her bedroom with her. He supposes that Matthew checked his apartment. Matthew returned to the restaurant five minutes after leaving it. JT came to take his place in Ev**'s bedroom around 15 minutes later after finishing dinner.

21.55 ROB - went back to the restaurant where his food had been waiting for 5 or 10 minutes. All the other adults had finished.

The discovery

22.00 KM - went to check. Entered by side door which was closed. Noticed door to childrens' room completely open, window open, shutters raised and curtains open. She was certain of having closed them all as she always did. Twins in their beds but Madeleine had disappeared. Cover pulled back, toys on pillow as usual. Searched whole apartment then went back to restaurant to alert husband. Whole group set about searching for M throughout complex.... all buildings, pool, tennis courts, apartment,etc., as well as in the apartment, with the help of Ocean Club employees, who, at the same time, contacted the authorities.

GM - Kate went to check on the children. She went into the apartment, using her key and saw that the bedroom door was completely open, the window was also open, the shutters raised and the curtains open. The doors were locked except the one at the back as already noted above. Faced with this situation, KATE checked that the twins were in their respective beds, unlike MADELEINE, who had disappeared. After thoroughly searching the apartment, his wife, scared and shocked, went to the restaurant to inform the interviewee of the disappearance. Immediately, the group took themselves around the club and searched across all the facilities, swimming pool, tennis etc., as well as in the apartment, with the help of Ocean Club employees, who, at the same time, contacted the authorities.

FP - During one of the checks Kate came back frightened and very jumpy, panicked even, and she announced that Madeleine had disappeared. Search groups were immediately organised, in the apartment, thinking that she could be hiding there, then outside, without success, even with the help of employees. Then given Kate's state of anxiety, the interviewee decided to stay with her to lend her support. The interviewee had never been in Madeleine's family's apartment.

DP - Towards 10pm, Kate went to her apartment, and less than 5 minutes later, she came back to the restaurant, breaking down, reporting that Madeleine had disappeared. Then everybody went to the apartment occupied by Madeleine's family. He remembers comments concerning the fact that the window and the shutters were open, while they had remained closed throughout the week.

MO - At around 10pm, Kate, Madeleine's mother, went to her apartment to check on her children. She came back totally shocked, shouting, saying that Madeleine was no longer in her bedroom. At that time all the adults were in the restaurant. Then, the whole group went to Madeleine's bedroom and checked that the twins were sleeping OK. That there was no sign of a burglary in the apartment. Only, one window in the children's bedroom was open. The window and the shutters were open.

RO - At around 10pm, Kate McCann went on her own to check her children. She came back to the restaurant in tears and told us that Madeleine had disappeared. We all got up then and went with her to see. The surrounding area was combed after having checked that Madeleine was not hiding in the apartment. The twins carried on sleeping. They didn't move. The interviewee remembers that Kate said the window at the front of the apartment was open, the shutters raised. The couple had never opened the shutters during their stay.

DW - During one of these checks, Kate came back, frightened and nervous, even panicked, saying that Madeleine had disappeared. They immediately organised search parties, in the apartment, thinking that she could be hiding in there, then outside. In spite of help from the Ocean Club's employees, the searches were fruitless.

ROB - At a round 10pm, Kate Healy went out to check her children in her apartment. When she came back, she came towards our table, shouting that Madeleine had disappeared. We all went out, running, and with the help of a few people we decided to search in the area around the apartment blocks. The search proved fruitless.

JT - While she was in the room, around 10/10.15, she heard Kate Healy and Fiona Payne shouting that Madeleine had disappeared. She did not know whether it was Kate who discovered the disappearance because she wasn't at the restaurant at that moment. Every evening was like this, it was normal. In turn they left the table and went to check on the children.

Jane Tanner's sighting

KM - Later JT said that at around 21.15 she had seen a long-haired person with child in arms walking very quickly about 50 metres away 'on the perimeter road of the club'.

GM - It is noted that when one of the members of the group, JANE, went to her apartment to see her children, at around 9.10/9.15, at a distance of about 50 metres, in the road leading to the club, she saw a person carrying a child in pyjamas.

FP - Concerning what Jane said, the latter only said she saw a person with a child in his arms but she didn't know if it was Madeleine.

DP - Does not mention it.

MO - Does not mention it.

RO - Does not mention it.

DW - Does not mention it.

JT - 21.15 on her way to her apartment she spotted a man who was going along at a fair speed with a child in his arms with the child in pyjamas without a blanket, which attracted her attention. The interviewee only saw the man from the side with the child in his arms. She noticed this person exactly at the moment when she walked past Gerald and Jez. That person was coming out of the path at the end of the apartment block where they are staying. The man quickly crossed the intersection. The entrance to the building where the apartments are is the exact place where she saw the man. After checking on her children, the interviewee went back to the "tapas."

How they all described Madeleine

KM - Concerning Madeleine, she is Caucasian, white, aged four years (12/05/2003) about 90cm tall. Very slim, dark blond hair; shoulder-length. Left eye blue-green same as the right, which has a brown spot. She has a small brown spot on the skin of her left leg as well as sunburn on her right forearm. She has no scars. At the time of her disappearance, she was wearing pyjamas with white bottoms with a floral pattern. The short-sleeved top, mainly pink with a blue-grey pattern bearing the inscription, "EEYORE," an inscription which is also on one of the trouser legs. The pyjamas are "Marks and Spencer" brand. Concerning the child's personality, she is extrovert, very active, talkative, smart and relates to other children with great ease. But she would never go with a stranger.

GM - Concerning Madeleine, she is described as being Caucasian, white, aged 4 (12/05/07) and around 90cm tall. Slender, with shoulder length, straight, dark blond hair. Left eye and right greeny -blue and the right having a spot of brown. She also has a distinctive brown mark on her left leg. She has no scars. At the time of her disappearance, she was wearing pyjamas with white floral-patterned trousers and a short-sleeved top, which was mainly pink in colour, with a blue and charcoal design with the inscription, "EEYORE." Concerning the child's personality, she is extrovert, hyper-active, good talker, smart and relates to other children with great ease. She would never go with a stranger.

FP - Knowing Madeleine well, the interviewee describes her as very intelligent, and totally incapable of going with a stranger without screaming or protesting strongly unless she was very tired or asleep.

DP - He describes Madeleine as being a communicative girl, happy, obedient and very well behaved.

MO - That Madeleine is very lively, obedient, communicative and extrovert.

RO - Concerning Madeleine, she is a happy child, good natured and full of energy. She considers it impossible that a stranger could take her without her shouting or crying. She is a smart child who knows right from wrong.

DW - The informant does not know Madeleine well, because she lives a long way from the McCanns, and she cannot say very much about Madeleine's personality. Nevertheless, she reports that Madeleine was calm but active and energetic and well brought up. She is an attractive and a good child.

JT - Madeleine Beth McCann was a sensible child, very loving, very active and fun. She liked to play. She was intelligent and the interviewee does not believe that if a stranger approached her that she would not shout.

Timeline prepared by the 'Tapas Group' and presented to the PJ at the commencement of the second interviews, 10 May 2007

ATTACHED

On this date, I attached to these official papers 3 computer printed pages, relating to the description of the events, that have been collectively prepared by the nine people of the group in question, that was delivered to this Police Officer by the British Liaison Official, before the start of re-questioning of those same people.

Portimão, 10 May 2007

INSPECTOR

M.P.

'Tapas Group' timeline, page 1 (click image to enlarge)

'Tapas Group' timeline, page 2 (click image to enlarge)

'Tapas Group' timeline, page 3 (click image to enlarge)

Gerry McCann - 15h20, 10 May 2007

Witness statement of Gerald Patrick McCann, on the 10th of May 2007, at 3.20 p.m.

Processos Vol IV, pages 891-903
Location: CID Portimão

The witness is heard as a victim, being the father of the minor. Of British nationality, he has no command of the Portuguese language, spoken or written. Thus, the interview is done in the presence of an interpreter, Alice Dias Homem de Gouveia Avakoff.

That he fully confirms the statements made previously at this police department on 4 May 2007, being available to provide any further clarifications.

Asked, he clarifies that, apart from the personal photos already delivered by him to the police authorities after the disappearance of his daughter MADELEINE, he has no others in his possession. He adds that it is his wife KATE who usually takes pictures, he does not recall taking any pictures during this holiday, at night.

As he was asked, he mentions that in January 2003 he went to Lanzarote, in Spain, with Fiona and David Payne, where they spent a week's holiday not having any children at that time. At that time, despite having no children yet, KATE was 6 months pregnant with MADELEINE, a pregnancy that resulted from IVF. Still in 2003, in September, he went to Umbria, in Italy, with his wife KATE, and the couples MATHEW and RACHEL, and RUSSEL and JANE, for a week's holiday where they attended FIONA and DAVID's wedding. The deponent clarifies that the trip to Lanzarote was organised by himself as he had been there the previous year with KATE and they had enjoyed it very much, whereas the trip to Italy was arranged by FIONA and DAVID, given that it was for their wedding.

Concerning the events in Portugal, as already stated in his previous statements, he arrived at Faro airport on 28 April 2007 at around 12h30, having travelled immediately to the OCEAN CLUB in an airport mini-bus where he arrived at around 14h20/14h30.

That he headed for the OCEAN CLUB reception where he presented his documents, those of KATE and of his three children, for check-in. He was then given the key to apartment A5, the choice of that apartment having been made at random by the OCEAN CLUB management, given that, as he understood it, David Payne, who had dealt directly with the reservations, had not been given a choice.

He adds that the only stipulation by the group was that the apartments had to be close to one another because, contrary to what the trip brochure announced, the resort did not provide a "baby listening" service, that is, a service in which a group of employees would "watch over" the children that are asleep in their apartments while the parents are away. He doesn't know exactly how that surveillance works in practice, given the fact that he never used it, but he knows that other MARK WARNER resorts provide this service, and some members of his group had access to it on previous holidays, though he does not know exactly who. He mentions that, for this reason, David Payne decided to use the personal listening devices to monitor his children, though he had never used them on previous holidays that they had spent together.

That, on the first day, given that they arrived at lunch time, they ate only sandwiches both on the plane and on the bus during the journey from the airport to the OCEAN CLUB. After completing the check-in at the main reception, where they were dropped off by the mini-bus, which lasted until 15h00, they went to the apartment where they unpacked their bags, which lasted 16h45. Pointing out that after check-in, the trip with the bags to the apartment was made on a mini-bus that belonged to the resort.

Subsequently, at around 17h00, the whole group, including children, went to the TAPAS restaurant, located at the back of the apartment, next to the pool, to attend a welcoming committee arranged by MARK WARNER, where they met the tennis and sailing instructors, and other resort employees, which ended at around 18h30, several glasses of sangria having been served to them.

That that was the first time they all walked together inside and around the resort. They left by the front door, which he locked with the key, he walked around the existing wall and turned right, going down the resort’s side road up to the secondary reception, where they entered without difficulty , although they had an access card, which was not requested from them and that they had been given during Check-in.

After they passed through the secondary reception, they went to the TAPAS restaurant, next to one of the swimming pools, the adults having sat down in a covered area outside, while the children stayed next to the small pool playing on the playground that was there. That during this time all the adults stood up and went to watch the children near where they were. The deponent and his wife took turns watching.

When the reception committee was over, the nine adults and eight children walked to the MILLENIUM restaurant. They went back to the secondary reception, turned left and, at the top of the road, turned right, then left again, then right again, up to the main street that leads to the restaurant. Because it was a long way, at some point in time the deponent and his wife KATE had to carry the twins in their arms, but not MADELEINE, who was always on foot.

They arrived at their destination between 18h50 and 19h00, having sat at a large table where they all had dinner, including the children who were seated among the adults, never leaving the place, except for one of the twins who went to the toilet with the deponent. About an hour later they finished dinner, and returned, equally walking, by the same route, though going wrong in one of the streets where they should have turned left, ending up only turning only at the next street. He adds that, as they were all very tired they went directly to the apartment, where they arrived at around 20h10/20h15, the route back having been slightly faster given that the twins were carried all the way.

In the apartment, they bathed the children and gave them a glass of milk, putting them to bed at exactly 20h45, he remembers that time because it was exactly one hour later than their usual bedtime. After putting the children to bed, the deponent and his wife took a bath, then settled down in the living room to watch television. He points out that at the moment they arrived at the residence, David Payne invited them to go for a glass of wine after putting down the children, but they turned down the offer as they were extremely tired. He thinks that nobody left their apartments on the first night. Asked, he said that in England, when not on holiday, the deponent and his wife would go to bed at 22h30/23h00, the twins at 19h00 and MADELEINE at 19H30.

The following day (Sunday), the children woke up at 08h00, the deponent and his wife having woken up at around 07h30. They got dressed and at about 08h40 they left the apartment going to the MILLENIUM restaurant, once more on foot and by the same route as on the previous night, but without the mistake referred to previously, arriving there at 08h45/09h00. The group did not all arrive at the same time, rather in a phased manner, therefore they were not all seated at the same table.

He thinks that MATHEW and his wife RACHEL did not take breakfast due to the former having spent a bad night with vomiting and diarrhoea. At breakfast the children again sat at the same table among the adults, and it finished at around 09h25.

The deponent, his wife KATE and their three children went to the OCEAN CLUB by the same route, where they arrived at 09h40, the deponent having entered the apartment by the main door, which was locked, collecting a bag with clothing and creams for the children, then going inside the resort area. The twins stayed at the crèche next to the TAPAS, which was for children aged between one and two, and then he and KATE took MADELEINE to the other crèche for older children, which is located on the 1st floor at the resort’s main reception, where they arrived at around 09h50. Besides MADELEINE, from the group, only Ella, the daughter of JANE and RUSSEL, went to the same crèche. The remaining children, being very young, stayed at the crèche next to the TAPAS.

Again he went on foot, leaving the secondary reception he turned right, went down the street passing the "BATISTA" supermarket, turned left passing the main reception. After putting the children in their crèches they went to the "BATISTA" supermarket where they bought items for the following lunch and breakfast.

At around 12H30, the deponent and KATE first went to pick up MADELEINE and then the twins, going to the apartment. On this day, Sunday, they had lunch on the balcony of David Payne's apartment with the whole group, including children, except for MATHEW, who was ill and at that moment was sleeping on the balcony of his apartment that was below and to the left in relation to where they were having lunch.

They took the children to the play area next to the pool, where the playground is located, at 14H15, having stayed there until about 14H20. After that time they left the twins in the crèche at TAPAS, and either the deponent or KATE, he doesn't know who, took MADELEINE to the crèche above the main reception, following the previously described route. He clarifies that the children’s drop-off and collection times were recorded at each crèche along with the contact number and location of the respective parents.

At around 17h00 the OCEAN CLUB nannies conducted MADELEINE and the other children from the crèche on the 1st floor of the main reception to the area next to the TAPAS, under awnings, where they had dinner under the supervision of the employees and, at times, of their own parents. Dinner ended at around 17h30, the time at which the employees’ supervision ended and the parents took over watching the children in the ”TAPAS” play area until 18h30. Then they returned to the apartment, the deponent opened the main door with his key and, then, the back door through which KATE and the children entered.

After doing the hygiene, the children were put to bed about 19h30, and the deponent and KATE left for dinner at the TAPAS at around 20h30. Between 19h30 and 20h30 they took a bath and drank wine, Portuguese or New Zealand, and a beer.

They left the house through the main door, that he was sure he locked, and the back door was also closed and locked. They were the first to arrive at the TAPAS where everyone showed up except only for MATHEW, who was still ill. Nevertheless, his wife RACHEL showed up for dinner. Except for the situation described above, that occurred during lunch, he did not see MATHEW during the whole of Sunday.

Dinner ended at around 23h00, and during this period, every half-hour, the deponent and KATE went, alternately, to the apartment to confirm that all was well with the children. On that day, only the deponent and his wife entered the apartment. He is sure that they always entered through the front door, not knowing if they locked it upon leaving. Usually they entered the apartment, in which one of the living room lights was on, went to the children's bedroom door, which was ajar, and only peeped inside, trying to hear if the children were crying. The shutters were closed with only two or three slats open, the window was closed though he is not totally sure if it was locked, and the curtains drawn closed. Ten minutes after dinner ended they made their way to the apartment, going to bed right away.

On the following days they always took breakfast at home, shopping on the day before, generally maintaining the daily routine described above. When the children were at the crèches they had tennis classes, KATE at 09h15, the deponent an hour later, from Monday to Thursday.

From memory, on Tuesday, 1 May 2007, by indication from RUSSEL, he went to pick up MADELEINE at the crèche using a short-cut that began at the car park opposite the secondary reception and went between the buildings, which he used to fetch and take his daughter from then on.

Concerning the routine, on Tuesday there was a slight change given that after lunch, at 13h30, the deponent and KATE decided to take the three children to Praia da Luz, having gone on foot, taking only the twins in baby buggies. They all left by the main door because of the buggies, went around to the right, down the street of the “BATISTA” supermarket and went to the beach along a road directly ahead.

They were at the beach for about 20 minutes, the deponent and MADELEINE having put their feet in the water. During this time the weather changed with a cloudy sky and cold, therefore they went to a terrace at a café near the beach, on the left, where they bought five ice-creams and two drinks. Asked, he said that at that place there was an individual playing latin music on a guitar, to whom he intended to give some coins, but having none at the time, he didn't. That the individual had a neglected and careless appearance, unshaven and somewhat raggedy. He was Caucasian, 175cm tall, thin, 70 to 75kg in weight, dark, short hair, almost shaven-headed with grey sides, and not wearing glasses. Wearing a light brown-coloured sports jacket, with a hood at the back, and dark denim trousers, not noticing the footwear. He said that he never behaved strangely, nor approached or looked at the children in an ostensive manner. On returning they left the children at their crèches, as usual, the deponent and his wife having gone to play tennis or jogging.

On the day that MADELEINE disappeared, Thursday, 3 May 2007, they all woke up at the same time, between 07H30 and 08H00. When they were having breakfast, MADELEINE addressed her mother and asked her "why didn't you come last night when SEAN and I were crying?" That he thought this comment very strange given that MADELEINE had never spoken like this and, the night before, they had maintained the same system of checking on the children, not having detected anything abnormal. When he questioned her about the comment, she left without any explanation.

On Wednesday night, 2 May 2007, apart from the deponent and his wife, he thinks that DAVID PAYNE also went to his apartment to check that his children were well, not having reported to him any abnormal situation with the children. On this day, the deponent and KATE had already left the back door closed, but not locked, to allow entrance by their group colleagues to check on the children. He clarifies that the main door was always closed but not necessarily locked with the key. He does not know if the window next to the front door, and that gave access to the children's bedroom, was locked, given that he assumed that the shutters could not be opened from the outside. Still on this night, KATE slept in the children's bedroom, in the bed next to the window, because the deponent was snoring.

He cannot say exactly, but he thinks that on Monday or Tuesday MADELEINE had slept for some time in his bedroom, with KATE, as she had told him that one or both twins were crying, making much noise.

Back to Thursday, after breakfast, about 09h00, KATE and the children left by the back door, the deponent having left by the front door, which he locked with the key, having also closed and locked the back door from the inside.

They made their way on foot down the usual route to the crèche next to the TAPAS, where they left the twins, and, while KATE stayed to play tennis, the deponent took MADELEINE to her crèche, through the short-cut, where they arrived at 09h15, and , since it was obligatory, he signed the child's attendance register. On returning, not by the short-cut, he went to the “BATISTA” supermarket where he bought milk, he presumes, making his way to his apartment, entering through the front door, which was locked by key, at around 09H40/09H45.

He remained at home for about 15 minutes, putting on tennis clothes, left by the front door, that he did not lock, and made his way to the tennis courts down the usual route, they being next to the TAPAS. He played tennis for an hour with the instructor and other students, among whom was an individual he had met during this holiday, called "JEZ", and with whom he had established not quite a friendship, but rather a simple acquaintance. "JEZ" has two small children whose exact age he does not know. As to his wife, he had seen her next to the pool but had never spoken with her.

The tennis class finished at 11H15, he stayed in the pool area talking with his wife and other people, whom he does not remember. At 12H00, he agreed with KATE, as he recalls it, that she would make lunch and the deponent would pick up MADELEINE. He thinks that it was KATE who took the twins home. Since it was he who went to collect MADELEINE, he is sure he used the short-cut.

At 12h30 they started lunch, the meal having lasted an hour, until 13h30. After that time they made their way to the resort play area, the deponent having left through the front door and the rest of the family through the back door that, once again, he shut and locked from the inside. As for the front door, he does not know exactly if he locked it.

They stayed in the play area for approximately an hour, until 14H30/14H35. After that, they left the twins at the crèche near the TAPAS, they signed the register, and the three of them (deponent, KATE and MADELEINE) made their way to the crèche at the main reception, where they arrived at 14H50 and delivered MADELEINE, not being able to say precisely who signed the register.

The deponent and KATE returned to the OCEAN CLUB by the short-cut and at the secondary reception they asked the lady employee if there was a vacant tennis court they could reserve. They were told there was a vacancy between 14H30 and 15H30. As it was already 15h00, they began to play immediately. At 15H30, the tennis instructor arrived, who taught them a class until 16H30.

They stayed there, talking, until 16H45, at which time the twins went to the meal area. At 17h00, as usual, MADELEINE arrived accompanied by the nannies and the other children. After her arrival, MADELEINE dined, having finished at 17H30.

After 17H30 they went to the apartment, the deponent having entered by the main door, which he did not lock while he was inside the residence. KATE and the children entered by the back door, after this had been opened from the inside by the deponent.

They bathed the children, the deponent having left at 18H00 for a tennis game only for men, which was attended by: DAN, the tennis instructor; JULIAN, with whom he had played tennis several times; and CURTIS, with whom he had also played before.

During the afternoon of that day, the rest of the group, including the children, were at the beach, having returned at 18H30, the time at which he saw DAVID PAYNE next to the tennis court. DAVID went to visit KATE and the children and returned close to 19H00, trying to convince the deponent to continue to play tennis, which he refused, as he had already been plying for about an hour and had to go back to his wife. Nevertheless, RUSSEL, DAVID and MATHEW stayed to play.

At around 19H00, he made his way to the apartment, finding KATE and the children playing on the sofa. About 10 to 15 minutes later, they took the children to the bedroom and they all sat on MADELEINE's bed to read a story. At 19H30, the twins were already in their respective cots and MADELEINE in the bed next to the bedroom door. He does not know if they were asleep but from the silence he presumed that they were. As it was still early he took a bath, he thinks that KATE had already done so, they talked a little and drank wine or beer.

At 20H35, they left the apartment towards the “TAPAS”. Before they left, and because the children's bedroom door was ajar as always, he opened it a little more, listening from the outside and, as there was complete silence, he did not even enter, returning the door to its previous position, with a space of about 10cm.

He is certain that, before leaving home, the children's bedroom was totally dark, with the window closed, but he does not know it was locked, the shutters closed but with some slats open, and the curtains also drawn closed. Asked, he mentions that during the night the artificial light coming in from the outside is very weak, therefore, without a light being lit in the living room or in the kitchen, the visibility inside the bedroom is much reduced. Despite what he said in his previous statements, he states now and with certainty, that he left with KATE through the back door which he consequently closed but did not lock, given that that is only possible from the inside. Concerning the front door, although he is certain that it was closed, it is unlikely that it was locked, because they left through the back door.

They took the usual route to the “TAPAS”, where they arrived a little after 20H35, not having passed on the route anyone known nor detected anything abnormal. Asked, he said that the dinner bookings were made since Monday, it was already the intention of the group to take their meals there. They were the first of the group to arrive, seating themselves at the biggest table, as usual, which is located in the middle between other tables, under an awning with a transparent plastic surface at the front. He mentions that they were seated at the table, in a position that allowed the deponent to see almost the entire back door of his apartment, through which they left and entered and which gave access to the living room.

He adds that, among other people whom he does not recall, at one of the small tables was the CARPENTER couple, whom he also met playing tennis and with whom they spoke until the other group members began to arrive. He does not recall the order of arrival but he has the idea that MATHEW and RACHEL were the first to arrive after the deponent. As time went by, the rest of the group arrived until all nine adults were there. At around 21H00, MATHEW stood up from the table, saying that he was going to check on the children. Nevertheless, he did not say that he would go to check on the deponent’s children, and it was only after the disappearance of MADELEINE that he told him that at 21h00 the shutters of the children's bedroom window were closed. At 21H05, MATHEW returned, the time at which the deponent left the table to go check on his children.

He walked the normal route up to the back door, which being open he only had to slide, and while he was entering the living room, he noticed that the children's bedroom door was not ajar as he had left it but half-way open, which he thought was strange, having then thought that possibly MADELEINE had got up to go to sleep in his bedroom, so as to avoid the noise produced by her siblings. Therefore, he entered the children's bedroom and established visual contact with each of them, checking and he is certain of this, that the three were deeply asleep. He left the children's bedroom returning to place the door how he had already previously described, then went to the bathroom. Everything else was normal, the shutters, curtains and windows closed, very dark, there only being the light that came from the living room.

He adds that he did not enter any other part of the residence, where he was for only two or three minutes, leaving yet again through the back door, that he closed but did not lock. He clarifies that he returned without checking any other couple’s children, even because he had not been asked to do so.

After leaving through the side gate, and while on his way to the secondary reception entrance, less than 10 metres from the gate, he saw “JEZ” walking up the street on the opposite pavement, bringing with him a baby buggy with his youngest child. He crossed the road in JEZ's direction who was walking up on the right-hand side, in the ascending direction, both having chatted for 3 to 4 minutes, about tennis, holidays and children. While talking with JEZ, he saw no-one from the group, nor detected any suspicious individual or vehicle. Because he was specifically asked, he relates that during this period of time he did certainly not see JANE passing that location, although he clarifies that he was speaking facing JEZ, with his back to the other pathway, where his apartment is situated. He also mentions that JEZ never told him that he had seen anyone, given that he was in front.

He then returned to the TAPAS, between 21h10 and 21h15, dinner having gone as normal. As the movement of people at the table was frequent, he does not know if, when he returned, anyone else was absent, namely JANE. At around 21h30 he drew KATE's attention to the fact that it was time for her to go to see the children, MATHEW having immediately volunteered to substitute her, given the fact that she was chatting. Three to four minutes later MATHEW returned, saying only "all is quiet" (SIC), he having entered through the back door, given that he did not have the key and it was usual for them to enter in that way.

After MATHEW arrived and before KATE left, he does not recall if anyone else was absent, although it was very probable that such had happened. He thinks that, on that night, none of the adults nor children were ill. Asked, he mentions that the daughter of RUSSEL and FIONA would have been ill on Tuesday.

Half and hour later, without anything to remark, it being 22h03, he again alerted KATE that it was time to check the children. She immediately made her way to the apartment by the usual path, having entered through the back door. About 10 minutes later, he started to worry about her taking so long, and, at the moment the deponent prepared to get up and to check why she was taking so long, KATE appeared running, completely distraught and crying, saying that MADELEINE had disappeared and that she was sure because she had looked throughout the entire house.

The deponent ran into the apartment accompanied by the rest of the group who, at the time, were seated at the table. When he arrived at the bedroom he first noticed that the door was completely open, the window was also open to one side, the shutters almost fully raised, the curtains drawn back, MADELEINE's bed was empty but the twins continued sleeping in their cots. He clarifies that according to what KATE told him, that was the scenario that she found when she entered the apartment.

Then he closed the shutters, made his way to the outside and tried to open them, which he managed to do, much to his surprise given that he thought that that was only possible from the inside. They continued with searches outside, around the various apartment blocks, the deponent having asked MATHEW to go to the secondary reception in order to communicate the fact to the local police, since he had no doubt that his daughter had been abducted. He refutes, peremptorily, the possibility that MADELEINE could have left the apartment by her own means.

The deponent had had the wrong idea that MATHEW had seen the bedroom shutters closed when he was there at 21H30, and therefore he thought the disappearance would have taken place between 21h30 and 22h00, but presently he is fully convinced that the abduction took place during the period of time between his check at 21h05 and MATHEW's visit at 21H30. It was not until about 01h00 on 4 May 2007 that he learned through RUSSEL that his partner, JANE, at around 21h10, saw a man crossing the top of the road with a child in his arms, that may or may not have been his daughter MADELEINE. Asked, he mentions that he does not recall describing the exact type of pyjamas (colour, designs, etc.) that MADELEINE was wearing at the time she disappeared. The photo of his daughter MADELEINE, after having printed several at the hotel reception, was delivered this police’s agents on location, as well as to other persons who were there.

Asked, he stated that apart from her own apartment, MADELEINE only ever entered DAVID and FIONA’s apartment, although it was common that they frequented each others' apartments.

That, between Monday and Wednesday, not knowing the precise date, when they were leaving the residence through the main door, to place the children in the respective crèches, MADELEINE left running to the left, to the extreme opposite of the residential blocks where they were lodged, playing with the twins. That they walked down next to the most remote end of one of those blocks, not knowing exactly which one, and the three children got into one of the gardens at the back. Then they walked down the inside alley at the back, next to the hedges, up to the street that led to the secondary reception.

He peremptorily denies that anyone in the group mat be directly or indirectly involved in the disappearance of his daughter. He presumes that, when his wife alerted him about her disappearance, all the group members were seated at the table. He mentions that, also during the dinner, none of the members complained about being ill or manifested any strange behaviour; there was a relaxed atmosphere.

During the holidays he did not hire or borrow any motor vehicle, nor did he used a taxi or any other form of transport. He further clarifies that the only time MADELEINE accompanied them to the beach was the one described above, although she went to the beach in Luz three more times, one of those to go sailing, but always in the company of crèche nannies. Two of these trips took place after the date on which she was there with her parents. That, with respect to those episodes, MADELEINE never mentioned to him that anything strange had happened.

Asked, he mentions that on Thursday, 3 May 2007, there was nobody from outside of the group seated at the table, nor does he know any person with the name IRWIN.

Concerning the bed where his daughter was on the night she disappeared, he says that she slept uncovered, as usual when it was hot, with the bedclothes folded down. Concerning the other bed next to the window in the children's bedroom, he says that it showed no signs that anyone had put their feet on it, namely, dirt or shoe prints.

Concerning the half-hourly checking of the children, it had been inspired by the MARK WARNER system called "baby listening", as referred to previously. On the night of the events, he ate fish at dinner, and sausages and potatoes as a starter, drinking white wine. Usually, between 20h30 and the end of dinner, they would drink more or less a bottle of wine per person.

Asked, he says that KATE never told him anything about her having "a bad premonition" concerning this trip.

He has no suspicion whatsoever, nor has he any enemies, something that applies equally to his wife, KATE. That, in the course of his profession, he never made any error, nor was he guilty of anything, except one time in 2000, when an unknown man entered the hospital where he worked, making incoherent threats without justification and calling out his name.

Reads, confirms, ratifies and signs.

Matthew Oldfield - 16h00, 10 May 2009

Processos Vol IV

Pages 905 - 917

Witness Statement

Matthew David Oldfield

Date: 2007/05/10

Time: 16h00

In respect of the McCanns (composing of Gerald McCann and Kate Healy), the deponent clarifies that he has known them only for about four years, since the wedding of David and Fiona Payne which took place in the summer of 2003 in Italy.

However, he relates knowing that the McCanns already knew the other couples for some years and they had been on holiday previously with them, together with the Paynes.

He relates that, due to his friendship with the other two couples he had been on holiday in Greece for a week, and they had expected the trip to Portugal to have been similar to that week.

Asked, he clarifies that, the similarity between this and the previous occasion was that all couples were accompanied by their offspring.

Because it was asked, he relates that the McCanns had not participated in the above trip to Greece alleging to not know if, at that time, they were asked to join the group of excursionists.

Consequently, he clarifies to never have been on any trip with the McCanns except for this one to Portugal.

Regarding the present trip, and as far as he knows, the McCanns participated at the invitation of the Paynes.

He clarifies that David Payne personally took charge of the organisation [of this trip], in a similar manner to what he thinks happened in relation to the above mentioned trip to Greece the previous year.

In this way, it will have been this last individual who chose Portugal as the tourist destination, adding that, considering the expected climatic conditions and the time period of the holiday, Mark Warner would be the only operator available to them with a final destination of Praia da Luz.

At that time David Payne will have contacted the tourist operator Mark Warner with the intention to purchase tourist packages and to reserve the respective journeys.

Prompted he relates that David will have personally assumed payment of the costs of the packets of the other families, each of which amounts would be repaid to him afterwards.

In this way he relates they arrived in Portugal on 28 May adding that all would have lodging reserved in the Ocean Club Garden until 5 May – the date on which they would have returned to England.

Prompted about the motives which contributed to choose the operator Mark Warner he explains that it is usual for this operator to work with tourist complexes that possess some requisites demanded by his family and the others who make up the group, namely: sports activities with instructors (especially tennis and water sports), childrens' activities, and restaurants within the resort enclosure in a way that they can be accessed without the need for any kind of transportation.

For the rest, he relates that the couples would give preference to resorts that have “baby listening” services available.

Pressed to define “baby listening” service he clarifies that that service can be summed up as a watching, by doing 'rounds' of the outside of an apartment in the course of which someone checks for noise coming from the location where children are sleeping and, if noise is heard, to alert the respective parents of that situation.

Furthermore, he wishes to make clear that while making the aforementioned reservations the operator had told them that a "baby listening" service was not in place in the Ocean Club Garden.

That fact had made some of the couples – and himself in particular – reluctant to come to Portugal because all the families have minor children.

As far as he is concerned, he wishes at this time to add that, in conversation with David Payne on a date he does not recall with certainty but likely to have been on 7 or 8 May, he [David Payne] confided in him that that, at that time, Kate Healy had been particularly reluctant about coming to Portugal because she had had a bad feeling [premonition] about the children of the group and the non-existence of the "baby sitting" service.

Nevertheless, he relates that, they had discussed this problem resolving to make the trip since the operator had assured them accommodation sufficiently close together that, collectively, they had managed to assure the checking and supervision of their respective progeny.

Consequently, David had taken charge of negotiations with the operator to have all lodgings as close to each other as possible. Nonetheless, and because he was asked, he adds that on leaving England they did not know the exact apartments which they had been allotted.

Nevertheless, he relates that David had asked the operator that they be provided with lodgings in close proximity to each other because, as a group, they intended to perform that kind of checking collectively over the children of each family.

Nontheless he admits that they were only informed of their respective apartments on arrival in Portugal.

About the inherent conditions of the travel plan subscribed to by the couples, he clarifies that they had acquired "half-board" packets – i.e., inclusive of flight, transfers, lodging, breakfast and dinner.

In that sense he relates that all members of the group would eat meals in the Ocean Club restaurants as follows: breakfast would be at the Millennium, situated slightly away from the residential block where they were lodged (close to the "main street, the lakes road, about 10 minutes on foot"), while dinner would be at the Tapas restaurant, situated next to the swimming pools of their residential block.

The sole exception to this rule would be by the McCanns who would eat breakfast in their apartment, he considering that that was done due to the fact that they had three small children and the distance between [their flat] and the Millennium. Nevertheless he wished to point out that, on the night of 28 May the group had dined at Millennium as the Tapas was closed.

Aside from this he relates that on all other days they dined always at Tapas.

With respect to lunch, he relates that the couples usually ate it as a group in one of the four apartments, adding that the Payne's apartment was commonly used due to its larger size.

Prompted about the dinner reservations/bookings at Tapas, he relates that the first time they made a reservation was on Sunday, not knowing who had made it. Asked if it could have been Russell, the deponent admitted that that was possible, reiterating to not know for sure who had made it.

Relating to the other days, he clarifies that on Monday morning his wife undertook such reservation, adding still that it would have been for all the remaining days except for Friday, 4 May, as there was to have been a Tennis Club dinner that night.

He clarifies that the above reservation was made for nine people for 20h30.

Prompted to identify the apartment in which the four couples had been lodged, the deponent said that the McCanns were in apartment 5A; he, his wife and daughter in 5B; the O'Brien's (Russell and Jane) in 5D; and the Payne's in 5H.

While the above all related to residential Block G, he says that the first three are situated on the ground floor, the last being on the first floor; he adds that the McCann flat was at the extreme left when accessing the block from the main entrance, and immediately adjacent to his flat; the O'Brien's was in front of the main entrance behind the stairway used to go to the upper floors, and, lastly, the Payne flat was immediately above that of the O'Briens.

Asked about criteria for the distribution of couples between the flats as described in the preceding paragraph, he relates that Mark Warner had taken charge of the allotment of couples and flats.

For this reason, he does not know the nature of that criteria, all the more since, similar to the others, he only found out which flat he had been allotted when he arrived at the resort – the time at which they were each given the keys to their corresponding flats, one key per couple (that being a metal key, not an access card).

Nevertheless, he relates to have known that, in his particular case, he would have been allotted 5B because it is the smallest flat (with only one bedroom) as he had only one small child.

Pertaining to the routine undertaken by the four couples during the period before the disappearance of Madeleine McCann, he relates that, generally, they all dedicated themselves to sporting pastimes.

In his particular case, he gave priority to water sports (such as sailing) and, then, tennis.

As for the rest, they also did various sports, pointing out that the McCanns never did any water sports.

By the way, he relates that, on a date he does not recall for sure but on one day in the past week during which it rained in Praia da Luz (thinking it was 2 May, the day before the disappearance) he went on a 40-minute run on the streets around the resort together with the mother of Madeleine, Kate Healy.

Asked about any time he was away from Praia da Luz he responded in the negative, stating that, the same as all others in the group, he had not done so because he had no means of transport to facilitate any such movement.

Consequently, and the question asked, he relates that none of the couples possessed a hired motor car.

Of the rest, he denied the possibility of any of them to have driven periodically any motor car that might have been provided to them by a third party, given that none of them had any friends or acquaintances residing or holidaying in the vicinity.

Prompted to outline what had happened on 3 May, the deponent said the following:

- he woke up about 06h30/07h00 going to take breakfast at Millennium at 08h00 with his wife and daughter. He does not recall who [else] was with them. He knows that Gerald, Kate and their children did not breakfast there because they always did that in their apartment.

Regarding the other group members he cannot remember who was in the Millennium that morning. He is sure that he was not accompanied by the whole group given that they were not always accompanied by the same people during this meal – thinking that only David or Russell would have been there with their respective children.

Adding that as each day passed there were fewer group members who went there for breakfast, opting to have it in their apartments, due to the distance of the restaurant from their residences.

After breakfast he walked to the beach, arriving about 09h30 to go sailing. He knows that on that morning David and Fiona were also there, not recalling if he went there with either of those individulas or if they were already there when he arrived. He was sailing until about 11h00 due to which he was late for the tennis class he had booked for that time, together with his wife.

About 12h10 he went with his wife to pick up his daughter from kids club.

Subsequently the three of them went to the Payne apartment for lunch. He clarifies that he lunched there with the Paynes, their children and mother-in-law, and with Russell and Jane. He does not recall if Kate and Gerald were there.

Later, sometime between 13h30 and 14h00, he and his family went to their apartment to put their daughter down for a sleep, remaining there until about 14h15/14h30 – the time at which he decided to go to find Russell, he also having returned to his own flat, to call him for them both to go sailing.

After their sport (sometime between 15h30 and 15h45) they both went to the beach where they met up with the rest of the group, including children, staying there until about 17h00. He clarifies that Gerry, Kate and their children were not at the beach.

Leaving the beach they went to the beach restaurant where they fed the children while the adults limited themselves to a few drinks.

About 18h00 he, Russell and David went to a social men's tennis match, held in the above resort area, where they remained until about 19h00. He clarifies that when they arrived at that meeting Gerald was already there, with Kate and her children watching the match; the rest of the women and children joining them [Kate and children] later.

At 19h00 he, Russell and David had finished the match, having then gone to their respective apartments in which they found other members of the group.

The deponent said he stayed in his apartment until 19h45 at which time, together with his wife, he went to the Tapas restaurant where Gerald and Kate were already and, from what was said afterwards, Jane. Later, about 20h50, Russell arrived.

The deponent added that David, Fiona and Dianne were still not present – and as he could see their apartment lights burning – he resolved to go to them, clarifying that he did not reach that apartment as those people were already on their way to the restaurant. He clarifies [further] that he met them near the living quarters, at the corner next to the main door of the McCann apartment.

Benefiting from meeting them next to the residences, he adds that, on his own initiative, he made a "listening check" at the bedroom window of Madeleine McCann and the twins at 21h05. That he limited himself to approach the bedroom window on the outside of the apartment to check if the children were crying or awake.

He adds to have not heard any noise nor perceived anything out of the ordinary. He went on to do the same check at the bedroom windows of his daughter and Russell's daughters.

About 5/10 seconds after the checking he returned to the restaurant seeing that all other group members were already there. They proceeded to order dinner [immediately] after which Gerald went to his apartment to check his children.

Asked if, at that instant, Jane also went to her flat, he says he does not recall, adding that they were gone at the same time as each other.

On the other hand, he cannot be precise [about] which of the two returned first.

Nevertheless, he wishes to add that he has no idea about anyone having possibly mentioned the possibility of both having been together.

Asked why Gerald had gone to the apartment at that time if the deponent had been there a few minutes before, he relates that Gerald might not have heard him say that all was well, adding further that he had not personally checked the children at that time.

Asked if there was some agreement about checking all the children of the group he says that it was common practice for one member of each couple to stand up each 15 minutes with the objective to go to check their own child(ren).

Some minutes later, at 21h25, the deponent went to his apartment to do a further check, he having done that together with Russell who intended to do the same with his two girls, E**e and E**a.

At that time he offered [made himself available] to perform a check in the bedroom of Madeleine.

Questioned about his motives for such a check, going against the prevailing/established procedure, or – why would two people have gone to check the three apartments (in this case the witness and Russell going to check their own apartments and that of Gerald), the deponent explained that both [men] had suggested that Kate remain in the restaurant [they] assuming the responsibility of verifying the children.

Nonetheless, and the question asked, he relates not being able to state exactly if the suggestion was made by himself or by Russell, adding not being able to clarify why it was done, but, in the case of it having been he to make such a suggestion, it would have been due to, having spent days on holiday together, [there already being] a very close friendship with the couple [allowing him] to enter their apartment.

That, on that occasion, Russell and he went to their own residences, to check on their own children. After leaving his apartment he went to that of Russell who opted to stay there to calm his daughter who was crying, that done with the deponent went alone to the McCann apartment. He clarifies that Russell's daughter was ill, with vomiting.

To this end, he took the quickest route between Russell's apartment and the side garden gate entrance to the rear patio of the McCann residence, to which he gained access through the glass sliding door into the apartment lounge. The door was closed but not locked as Kate had said it would be.

That he did not enter the bedroom where Madeleine and the twins were sleeping. He recalls that the bedroom door was half open, making an angle of 50 degrees. He does not know how far away he was from the bedroom door. He recalls having the perception that the window curtains – green in colour – were drawn closed but could not determine if the window was closed or open. Concerning the external blinds he clarifies that he did not see if it was closed or open. He recalls having thought that in that bedroom there was more brightness than there was in his daughter's room (where the external blinds were always fully closed), adding to have had the feeling that that light was coming from the outside – making the point that both [bedroom windows] were facing in the same direction.

Consequently, he admits the possibility of the light he was perceiving was owing to the blinds being raised, denying however that he was capable of assessing the height at which it may have been.

The question asked, he was sure that, at the time of his first being in the vicinity of Madeleine's bedroom, reported as 21h05 in the course of which he had approached the the window of that bedroom from the outside for the purpose of an auditory check, the blinds were, in his view, fully closed.

Consequently, he is convinced that at the time of the second check the blinds were more open than on the first check, given that he considers that the light inside the bedroom, undoubtedly coming from the outside, could not have been coming through it [the blinds] if they had been fully closed.

Following on, convinced that everything was within normality, given that he perceived no noise to make him think otherwise, and further, due to, in his mind, having managed to glimpse the two twin siblings of Madeleine inside their cots, the deponent returned to the restaurant to finish dinner.

Asked, he clarifies to not have seen Madeleine lying on the bed in the bedroom because from where he was during the check he had no sight of that bed.

The question asked, he relates that he thinks he returned to Tapas between 21h25 and 21h30, telling the others in the group that he found everything within normality in the residential block.

The question asked, he clarifies not having told Madeleine's parents the facts of having found the door half-open, estimating it about 50 degrees, and having perceived the above mentioned brightness inside [the room], he related not having done it because he didn't attach any relevance to them [the facts].

Asked, he relates that, at that time, he rejoined the table of travelling friends, all except Russell who stayed in his apartment due to the indisposition his daughter.

The question asked, he relates that, due to the large size of the whole group, comprising nine adults (four couple and Fiona Payne's mother), the deponent and the others always occupied the same table because it was the only one that could handle so many people.

Asked, he relates that, from where that table was positioned the group would have sight of the apartments they were occupying.

Nevertheless, he admits that it was a tenuous sight considering the distance to the apartments (estimated as about 50 to 100 metres), and further, due to their vision being impaired by a transparent oilcloth [tarpaulin] that covered the area in which the tables were located.

Consequently, he admits it being possible for someone to have entered the ground-floor apartments without being detected, through [by way of] the patios that were round the back of the residential block.

Nevertheless, he relates not having perceived any movements at the rear of the McCann apartment during the last of the checks that he took part in.

Consequently, it had been an enormous surprise to receive the news of the disappearance of small Madeleine McCann.

By the way, he clarifies that that news had been communicated to all the friends who were in the Tapas by Kate subsequent to her having personally been to her flat to check that her children were well.

The question asked, he relates that she had gone there alone to do that at 21h50.

Noticing the disappearance, Kate returned in panic to the restaurant where the deponent was in order to tell her husband, Gerald.

The question asked, he relates being convinced that, at the time of that communication, all the group members were in the restaurant – the reason for which he supposes that Russell had rejoined them in the meantime.

In view of such news all group members rushed to Gerald's apartment which was accessed through the rear entrance, namely by the sliding glass door facing the pool.

Asked, he relates that when he entered the McCanns' apartment, from memory, he did not approach Madeleine McCann's bedroom therefore cannot provide any details about its condition.

Asked, the deponent denies that at any time he had perceived any suspicious movements undertaken by unknown individuals (or by group members) to the date of the event or in the days that preceded it.

In the same way he relates never to have perceived suspicious movements undertaken by any motor vehicles in the vicinity of the resort where they were lodged.

By the way, he relates never to have perceived the presence of a light blue motor vehicle in the vicinity of the Ocean Club Garden.

Regarding the situation at hand, he relates to not know with absolute certainty any matters that surrounded them [the events], as well as the motivations that could have given rise to them.

In the same way, he does not know for sure the possible existence of conjugal, professional or other problems that might have possibly resulted in someone undertaking the removal [taking] of that small child.

The question asked, he reiterates that during the group's stay in Praia da Luz they had always dined at the Tapas, except for the first night when they did it at the Millennium.

On the other hand he relates that only those adults who were part of their group met for dinner at their table.

By the way, he denied that at any time did any individuals named 'Irwin' form part of the table, refuting equally that he had made the acquaintance of anyone so named.

The question asked, he relates that he entered the McCann apartment for the first [and only] time on the night of the disappearance (i.e. 3 May), and [that was] on the second check reported above, namely at 21h25.

On the other hand he points out that he was on foot for all the trips he made outside the resort, similar to all other group members.

The question asked he says that there had been no change in his sleep [sleeping pattern]. He does not recall bouts of insomnia nor of overly deep sleep.

Questioned about other changes in his health – or of his family – he recalls that the three had had intestinal problems: he on 28 April; from memory, his wife on 30 April or 1 May, and his daughter on 7 May.

Regarding the other group members he does not know if there were changes in their health.

Prompted about relationships of friendship, or other, of the deponent or other group members, with persons resident in Portigal, the witness says he knows no-one in this country and thinks the same applies to the other holidaying friends.

Also he would not know other holiday makers. He thinks that the same applies to the rest of the group members.

Asked about the drinking of alcoholic beverages by the group members the deponent admits that all the members did (including himself), admitting further that they did in quantities unusually high [for them] by virtue of them fully enjoying the holidays.

Nevertheless he relates that despite what is reported in the preceding paragraph it did not remove any of their cognitive faculties, adding, by way of example, that they could possibly consume about six bottles of wine.

The question asked, he relates that this was his second time in Portugal, the first occurred in 1999 when he spent a single night in Lisbon.

With respect to the other group members, he knows only that Jane had been here previously on various occasions, he thinks for professional reasons, adding further that she had also visited together with Russell.

Prompted to reveal any other things that might possibly help in understanding the events under investigation, the deponent was unable to do so, alleging a total lack of knowledge about other circumstances which might possibly have surrounded it, beyond those already reported above.

The question asked, he relates that during his stay he used the same mobile phone that he used in England.

The question asked, he relates that he used the number since 2002.

Prompted to define what he understands by "auditory check", he clarified that it was a check in which he does not establish visual contact with the children – limiting himself to check for noises that could indicate some problems with them.

Jane Tanner - 16h35, 10 May 2007

Processos Vol IV

Pages 919 to 931

Witness Statement

Jane Michelle Tanner

Date: 2007/05/10

Time: 16h35

Since she is English and does not understand the Portuguese language, neither spoken nor written, this official document was made with a translator, Fi.Ma.da Co.Si. in attendance.

She met her companion/husband Russell O'Brien about 10/11 years ago having begun to live with him as his wife a short time after.

About 4 years before, through her companion Russell O'Brien, who at that time was a colleague of Gerald (Gerry) McCann (father of Madeleine Beth McCann), she met the McCann couple. One of the reasons for the closeness between the two couples, besides the professional acquaintance, both Russell O'Brien and Gerald McCann are medical doctors, was the fact they have children, Madeleine Beth McCann and E**a O'Brien, of approximately the same age. Another very important reason was the fact that Fiona Payne is a common friend of both couples (Fiona Payne worked with Kate Healy McCann), she having facilitated the relationship.

As for meeting with the McCanns she said sporadic meetings have already occurred between the group, recalling that the first trip they made together was when Fiona and David Payne were married in Italy in August 2003. She thinks that all the people in the present group were at the wedding recalling that the McCanns, at that time, had only one child (the missing Madeleine Beth McCann).

Since she became a mother (of E**a O'Brien, almost 4 years old), she went to Italy to the above wedding; to Germany to visit a friend (a former colleague of Russell, named B.D. - she was a trainee at the place where her husband worked in England). Also she went to Australia in Nov/Dec 2006 for six weeks. On that trip she went with only her companion and the two girls.

In May 2005 she was in Greece for one week with Russell and her daughter. It was the first time they travelled using the Mark Warner agency.

Also they had had holidays in England in August 2004 (Cornwall) and April 2006 (Longleat nature reserve). Those holidays were spent solely with David and Fiona Payne, and their respective children.

With the McCanns they began to meet at parties, for example weddings and birthdays. She met Kate Healy's mother, whose name she does not recall, on Madeleine Beth McCann's third birthday last year, but she didn't get to know any of the other McCann family members, knowing that both had siblings but not knowing other details.

This was the first time that all four couples had holidayed together.

She knows that, in Sept 2005, the McCanns and the Paynes holidayed together in Majorca, she [and Russell] not having joined them because of her advanced state of pregnancy.

The deponent was in Portugal three time before. The first was some eight years ago and the the second five years ago, both with her husband in Albufeira and both were holidays. The third time in January 2004 was for work near Vilamoura. She came to organise an event for the company where she worked, "Fisher Sientific" in Leicester.

Asked about her private life she said that she [has] never had marital problems with her companion, saying that she believes it is "100%" at all levels.

As for the professional life of Gerald McCann, that he is a cardiologist, and of her companion Russell O'Brien, that he works/specialises in 'Emergencies' [and] said that her husband [has] never had any disciplinary or criminal action in relation to his profession.

About Gerald McCann, on this subject she does not know if he had any problem at any time.

Fiona and David Payne were the people who had the idea to come to Portugal for holidays. They chose the time because it was cheaper, and less heat for the children. They took only one week of holiday, where they intended to return home/to work on the last Saturday and Tuesday, respectively. Monday was a public holiday in UK.

They caught the plane directly from Gatwick to Faro at 08h30 on 28 May 2007. The agency that organised it was Mark Warner. They arrived at Faro airport at 10h00. They went to the "Ocean Club" tourist complex in Praia da Luz-Lagos in a Mark Warner bus. The journey was made with her companion and daughters together with the Oldfield couple, Matthew and Rachael, along with their daughter.

As for the Payne and McCann couples, they journeyed by plane from East Midlands to Faro, having arrived around 11h00. They took a taxi from Faro to Luz arriving at 12h00 also on 28 May.

On the plane they did not know anyone specific, allowing, as usual, for someone with children to have introduced [themselves] and made some comment. On the other hand, she recalls one couple on the plane who changed seats because her girls were making a lot of noise, which is normal because, like all kids, they are very restless.

On arrival the rooms were already assigned, [they] having asked, when buying the holiday in England, to stay in apartments close to one another. The only change needed was, due to the children, the flights at different times as said above.

As for the holidays, on the first day (Saturday, 28 April 2007) they had dinner in the complex, making their way to the Millennium restaurant. No-one booked dinner at that restaurant, all, including the children, having gone for dinner around 18h00.

The Millennium used to serve dinner on other days (except Saturday) only from 19:30 and, for this reason, they decided to start dining at the Tapas, seeing that, in addition to the above, they would be closer to the apartments. This was discussed at the table in the Millennium on the first night.

Dinner was taken at the Tapas in order to be closer to the apartments where the children were sleeping.

At first dinner was booked each day having later been diarised as a permanent booking for 20h30 until the end of the stay.

It is normal (culturally, traditionally, education/examples seen) [for] English tourists to leave, for some time, their small children alone in the bedroom/apartment to sleep while the parents are absent, normally guaranteeing that it is done for short periods of time (15/30 minutes). At those times there is a sporadic check, in time, of the places where the children are.

She admitted that on her holiday in Greece she also left her daughters alone in the apartment knowing that there were two or three child-minders in the block where they stayed to take care of/ascertain the noises (screams, cries, or other), [it being] incumbent upon [the minders] to notify the parents who, meanwhile, were absent. Those holidays were also organised by Mark Warner.

Since it was asked of her, she affirmed that she had no knowledge that the McCanns had left the patio sliding door open, suspecting, however, that they did because she saw, several times, the couple climb the steps at the rear of the apartment. She never entered apartments of other couples limiting herself only to listen for any noise, putting her ear to the children's bedroom window at the front of the apartment. Only with her own children did she enter the apartment, in all others she limited herself to listen at the doors to see if there was any noise. She thinks that all the other couples entered by the front doors of the building/apartments, except for the McCanns. She is not sure if they always entered the apartment from the rear.

Questioned, she relates that, from memory, she always saw the blinds of the McCann apartment totally closed, it being a place where she placed her ear to know if any of them were asleep.

Personally, in relation to her daughters, she has not habitually adopted this posture, namely, to leave them alone, having done it only because all the couples of the group did it. However she locked all the doors, also the external blind of the children's bedroom.

As for the security methods effected by the adults in relation to the children, when they went to dinner and the children remained sleeping in the apartments, the deponent clarifies that, in the first days each couple went in rotation to check their own children. As days passed they were asking one of the members who had stood up if they had heard any noise at their apartment.

However, the deponent and her husband maintained regular checks on their own children.

They were always on foot, having no motor vehicle, own or rented. Movements were never far as the group always remained in the complex or its surrounds (the beach or supermarket). Activities were in Praia da Luz and organised by Mark Warner.

In the tourist complex last Sunday, 30 April, she met a couple she knew from Exeter, Jim [sic: James] and Charlotte Gorrod, with their son of 20 months, B** Gorrod. She knew they had travelled on the same day as her, on a different flight. Asked, she relates that they had a hired car, not knowing the brand, model or colour. He (Jim [sic: James] Gorrod) liked to surf and that was why he had hired the car.

Not untrusting, she never suspected that anyone might do harm to any of the children, never having observed any [such] behaviour by clients, workers or other people with [either] the group or children.

Of the group only David and Fiona Payne knew/had been to her home at the above address in Exeter. None of the other group members had ever been to her home.

About 2 May, the day before the disappearance of Madeleine Beth McCann, from memory, at 09h00 the deponent had a tennis lesson with Kate.

Every day they had breakfast at the Millennium restaurant and only afterwards did they take the children, on foot, to Kids Club, it being that Russell O'Brien took E**a to Mini Club and she took E**e.

Questioned about the route that the McCanns took with their children to Kids Club (since they took breakfast in the apartment), she said she did not know.

At 10h10 the children at Kids Club, her daughter E**a (and Madeleine Beth McCann), a total on six children including them, also had a tennis lesson. The responsible adults at the time were Cat and Georgina (tennis instructor). Kate was, together with the deponent, watching the lesson of their respective girls. The witness left before the class ended, not recalling if Kate Healy left at the same time or later.

She went to the beach where she met David and Fiona Payne. She and other members of the group made the acquaintance of, in the course of their tennis classes, a lady called O., the deponent's husband, Russell O'Brien, also knew the lady's husband named Rob from windsurf classes. The couple (Rob and O.) were also guests at the complex. That morning, after having been to her daughter's tennis class, the deponent went to the beach meeting Rob there. From what she knows, the couple Rob and O. have two children (a girl of 3 years and a younger child, not knowing if it was a boy or girl). She thinks they were Londoners. They were "normal" people.

While she was sailing, her husband stayed at home with E**e who was sick and indisposed. Questioned, she relates that this type of behaviour is normal with the British, namely, it is not necessary for both adults to sacrifice themselves when children are sick. The usual procedure in these situations is for them to divide the time and the tasks between them.

She recalls that after the boat trip she was with her husband and girls, all having gone to lunch at the apartment of Fiona and David Payne. She is not sure but thinks that Matthew Oldfield and Rachael Mampilly also lunched with them in the apartment. She does not know where the McCanns lunched.

After lunch, after they took E**a to Kids Club, Russell O'Brien went to the beach for a canoe class while she rested in the bedroom with E**e. After her daughter woke up she went with her to the children's play area ("slides") next to the pool.

She doesn't remember, but as Gerald McCann usually had tennis classes every afternoon, she thinks that he could have been on the court. As for Kate, she does not know if she saw her during the afternoon.

As usual at 17:00, they were at the children's tea with Kate, the time at which they would go to find [pick up] the children. With Kate and Gerry she went to the tennis courts where the adults and children of the group played [seriously] and played [for fun], respectively, with each other. They were at the courts until 19h00. At that time the men of the group (though she was not sure if Gerry was there) stayed a while longer to play tennis, the women went to their respective apartments to get [the children] ready for bed. 20-30 minutes later the men arrived. They got themselves ready for dinner. At 20h35, as E**a didn't want to sleep, Russell went to the restaurant alone. Around 20h45, E**a fell asleep and the deponent also left for the restaurant. When she arrived everyone else was already there, except for Rachael Mampilly who was feeling poorly and stayed in her apartment. Her husband, Matthew Oldfield, was at the restaurant. She doesn't recall if David and Fiona Payne were already there. It is usual for them to always be last to arrive, since they were always late.

About dinner, she relates that nothing abnormal happened regarding the checking of the bedrooms, it having been done in turns as usual.

Questioned about an episode where she related that one of the twins, Sean, and Madeleine Beth McCann (both children of Gerald McCann and Kate Healy), had cried in the night (the one prior to the events) she said she knew of that situation but only from the beginning of dinner on 3 May when Kate Healy commented at the table that Madeleine Beth McCann had, that morning, asked the reason why her parents had not come to the bedroom when she and her brother had cried (the previous night). Asked, she says that none of the adults were aware of that situation on the night that it supposedly occurred.

On Wednesday (2 May), after the dinner that went as normal, like the previous days, they had stayed later to have a drink at the bar returning to their apartments close to midnight.

As for 3 May she related in the same manner exactly the same activities/routines/times of that day, as had been described in her previous testimony. The times/intervals were exhaustively confirmed.

Requested to clarify certain details she said:

To confirm that the first time that she went to the beach with the children was 3 May in the morning. Only on 3 May (Thursday) afternoon she met the group, almost all, in Prais da Luz, except for the McCanns because they had a private tennis class together.

Around 17h15 she saw Kate Healy "jogging" on the beach, having waved [a hand].

Her husband Russell O'Brien, Matthew Oldfield and David Payne left the beach a little earlier they having gone to the tennis courts, it was the night of the men's tennis. When she, together with the friends and children, returned from the beach, at 18h20, they went to the tennis courts having seen that all the men, including Gerald McCann, were on the court. They stayed to talk to them them for about 20/30 minutes. Gerald McCann comported himself as usual.

She thinks that Kate Healy was in the apartment getting the children ready for bed.

Around 19h00 each one went to their apartment with the children. She bathed her daughters, she read them a story, she put them to bed. E**e was sick and had difficulty with sleeping stayed with her father, who had arrived in the meantime, (on the previous night the deponent stayed later in the bedroom because her daughter had difficulty in sleeping; on this night it was her husband's turn). She left the apartment and went to the Tapas, for dinner, around 20h30.

When she arrived at the restaurant there were already some adult members of the group, namely the McCanns, without their children. They [the children] were supposedly sleeping.

Around 21h00 her husband arrived at the restaurant, E**e, meanwhile, having fallen asleep.

As usual, the Paynes and mother, were late. A few minutes to 21h00 Matthew Oldfield left the restaurant and went to the apartment area, saying that he would 'hurry up' the couple that was already late enough. She related that Matthew Oldfield, on the way, took the opportunity and looked in on the children's bedrooms. She relates that Matthew Oldfield passed the Paynes and Dianne Webster on the way, but, benefiting from them already being up and on their way [i.e. because he did not have to go all the way up to their apartment], he made a circuit to listen at the homes, detecting nothing abnormal.

They ordered dinner and waited for the starters when, about 21h10, Gerald McCann left the restaurant having gone to the apartment to see his children. Five or ten minutes later the deponent left, having gone to her apartment to check that all was well with her girls. At that time she observed Gerald McCann talking to an English citizen called Jez that they had met on these holidays. He played tennis with them. She doesn't know if they saw her giving the assurance that, on her part, she did not start a conversation with either of them.

She passed them knowing that Gerald McCann had already been in the apartment to see the children.

She doesn't recall the position/orientation of either Jez or Gerald McCann while they spoke to each other on the street, only having the perception that one was on the pavement and the other was in the road next to the other. Jez had a baby carriage, the deponent knowing that he had a small child.

Prompted, she clarified that the reason she left, following Gerald McCann only 5/10 minutes later, she relates that she did it because she knew that he would only go to his apartment, reiterating that she checked her daughters regularly.

Questioned about the path she took on the way to her home, she relates that she left the reception at the entrance to the Tapas/pool area and went up the pavement to the corner, having entered the apartment by the front door, which was, as already stated, locked. The only access to the interior of the home is by that door, seeing that the windows and the sliding patio door to the lounge were locked from the inside, it being this way that they are only passable if they are opened, also from the inside.

Asked [about] the route of Gerald McCann to his home when he went to check on his children, she relates that she does not know, but that she knows that he, at times, accessed the home by the glass lounge door which was only closed but not locked. She explains that this was the easiest and fastest way to enter the McCann apartment as they have a stairway up to the veranda which is next to the pavement, saving thereby half [the distance of] the route. Questioned, she relates that all the couples had to access their respective apartments by the front door, except the McCanns since they were the only ones who left the glass door unlocked.

Prompted to say if she checked the state of the windows and external blinds of the McCann children's bedroom when she went to her house, she relates that no, she did not look in that direction, hence they might already have been open without her having noticed.

After having gone to see the child she returned to the restaurant. On her return Gerald McCann was no longer talking where she had seen him.

When she arrived at the restaurant Gerald McCann was already seated at the table accompanied by his wife Kate Healy and all the others.

Between 15 to 20 minutes later her husband Russell O'Brien and Matthew Oldfield left, together, and went to see their respective children. As her daughter E**e was restless and crying Russell O'Brien stayed in the bedroom.

Meanwhile, Matthew Oldfield went to check his children and those of Gerald McCann and Kate Healy. According to what he said, he saw the twins but he did not see Madeleine Beth McCann probably because he did not enter the bedroom. As he heard no noise he left presupposing that all was well, returning to the restaurant. Matthew Oldfield told her that Russell O'Brien had stayed in the bedroom.

After having quickly eaten the main course she went to the apartment to take the place of her husband so that he could finish his meal. Her husband returned to the restaurant. Some time later, she doesn't know precisely how long, she looked through the lounge window towards the restaurant area, ascertaining, strangely, that there was no-one seated at the table it being that it was still very early for all of them to have already finished the meal. Later she heard voices of Kate Healy and Fiona Payne who were in the corridor in front of the bedroom windows and who called, desperately, for Madeleine. When she saw her it was Kate Healy herself who told the deponent that Madeleine had disappeared, not clarifying in what circumstances, continuing her search. The deponent stayed in her apartment because her daughter, E**a, was asleep and the smallest, E**e, was still awake and complaining.

As it was asked of her she relates that she did not go into the McCann apartment therefore she does not know the state of the bedroom nor any details of what happened that night. Now, already she had heard many versions or theories of what could have happened, but, for her part, she can only affirm that the man that she saw carrying the child was, in her belief, associated with the disappearance of Madeleine Beth McCann.

She was then confronted with the fact that when her husband Russell O'Brien and Matthew Oldfield went to check their respective children the window already might have been open and Madeleine Beth McCann probably no longer in her bed. She clarifies that she cannot answer for them but thinks that Matthew Oldfield had not entered the McCann children's bedroom, limiting himself to hear that there was no crying and that the twins were in their beds. Asked if he couldn't have checked for noise at the bedroom window, as had been done many times, the deponent clarifies that Matthew Oldfielf had assured the parents that he would go to check the state of the children from inside the house. For this he went up the pavement to the main entrance of the apartments, entered [his] house and turned to leave, descended the pavement again to the rear entrance of the McCann flat, climbed the steps and accessed the lounge through the glass door (that was not locked). Anyway, a better understanding of these details can only be provided by Matthew Oldfield himself.

Confronted with the information that the [tracker] dog teams had followed/followed the scent trails in which, purportedly, Madeleine Beth McCann had not passed the intersection where she indicated a man carried a child, she affirmed, immediately, that she was not lying, maintaining the honesty of her initial version. That, indeed, there had passed in front of her a man carrying, in his arms, a barefoot child. At the time she had not paid him much attention because it is common, at the Ocean Club, for children to pass in the arms of their parents between the crèche and their respective homes, when they have collected them from the baby-sitting service. Only it was strange that the child had no cover (blanket) and the way the man walked, rapidly, and how he was dressed, the trousers were slightly wide their entire length, being straight. They (trousers) were as to colour, identical to "corticite" [a type of floor covering], "chino" style. As for the coat it was dark coloured, she was not able to specify what, seeming to be the same material as the trousers, it being a type of "anorak". As for the footwear she relates that she cannot confirm with certainty but [they were] shoes which enabled the man to be fleet-footed.

About the description of the child, she confirmed that it was being carried in his arms, with the legs in her direction and barefoot. She thought that it was a female child because the pyjamas were a light colour (seemingly pink to her). She never saw the hair of the child. She never saw it move nor make any sound, thinking that it was asleep.

Subsequently, she had no doubts that it could have been Madeleine Beth McCann because, through conversations with Fiona Payne in which [Fiona Payne] described the pyjamas that Madeleine Beth McCann had worn that night, which coincided with those she had seen. Questioned why she had not commented to Kate Healy what she had seen that night, namely that she had seen a male individual who carried a child with pink pyjamas, she relates that she always avoided making this comment to the McCanns so as not to torture them more in their suffering.

She swore "by everything most sacred" that what she said is true, namely that she saw an individual with a child in his arms. Confronted, she demonstrated the distance at which the man with the child had passed her, and that was gauged to be about 5 metres.

She accepts that, at that moment, although the event had called her attention, she didn't lay any great stress on it for the reasons already explained.

Regarding the most and best information that might help the present investigation she said she remembered on one night (she thinks it was Tuesday, 1 May) there were two couples, supposedly English, that dined in the Tapas restaurant. After [their meal] they left, [Jane Tanner] not knowing if they participated in the quiz game that Mark Warner put on during the meal. The game consisted of a Mark Warner worker asking questions about films, namely quotations with the objective of identifying the films. At the end the tables were given a questionnaire that gave the source and a result. The first prize was a jug of sangria, curiously won by the deponent's table. She remembered only [that] the agency lady commented on the the two couples who had left the game before the final result was known.

She never saw those couples before nor since that day. She does not know if they were Mark Warner clients.

Prompted to clarify which member of the group booked the first dinner at Tapas she responded that she did not know. She clarifies that, that morning, she played tennis with Kate going, at the end of the game, to the restaurant to make the booking. She recalls that, when they arrived there, the booking was already made and she had not questioned who had made it. Asked if it would have been her companion Russell O'Brien who booked that meal, on his own initiative, she relates that it could have been done by any other person but considers [someone with] an excessively organised disposition would have done it, [something] usual of her companion.

On these holidays, she never met nor dined (along with the rest of the group) with any family or person having the surname "Irwin".

Other than Rachael Mampilly, as already stated previously, only on the first day (Saturday night) was there a group member, Matthew Oldfield, feeling indisposed (ill) and not having eaten dinner on Sunday. On Monday he had recovered.

Still about the security procedures relating to the children, asked, the deponent clarifies that the Paynes were the only ones who never went to their apartment because they had, at the table, an intercomm device of good quality and power/range that allowed them to hear any noise caused by their children. She adds that, from memory, it was the first time they had used the device on holidays but it is a common procedure in their home, as the deponent has seen for herself.

Questioned, she reaffirms that she doesn't have any suspicion to put forward - other than the individual referred to as carrying a child in his arms - she doesn't recall any detail or situation that might be related to the disappearance of little Madeleine Beth McCann.

Asked, she relates that she does not recall any incident or argument between any of the couples, or any of the group members individually, nor between them and any third parties. Until the disappearance of Madeleine Beth McCann, the holidays had been peaceful and fun, like all such other holidays of the group of friends.

Russell O'Brien - 11h20, 11 May 2007

Processos Volume IV

Pages 934 to 941

Witness Statement

Russell James O'Brien

Date: 2007/05/11

Time: 11h20

• Is assisted by interpreter Alice Dias Avakoff

• Confirms in the integrity of his previous declarations which correspond to the truth

• Questioned how he came to know the elements of the group which accompanied him on holidays, states that he has known David Payne since 1989, having frequented the same University where they both studied medicine. He also worked with him in the same hospital even though in different specialities. He got to know Fiona through David Payne, a couple that married four years ago, with the deponent serving as the couple's best man

• He got to know Matthew Oldfield in 1994, as they were both doctors. They became friends and Russell served as Matthew’s best man at his marriage to Rachel Mampilly in 1999

• He got to know Gerald (Gerry) McCann more recently, in 2002 or 2003, given that Gerry was also a doctor. The contact between them was established by the Payne couple. The four couples get together when they have an opportunity but, as they live certain distances from each other, they seize the opportunity to get together during holiday periods. All the couples have children of roughly the same ages, which is also a factor in their friendships

• Questioned if anyone of them has had problems related to their profession, given that all the men of the group are doctors, and also Fiona Payne and Kate Healy, the deponent states that for his part and from what he remembers, there has never been a situation of this kind. However, he remembers that Matthew Oldfield did experience a situation which consisted of a patient’s family member accusing the team lead by Matthew of the untimely death of his patient. This family member accused the team of making a late diagnosis which resulted in the death of said patient. He has no other knowledge of any threats made against Matthew Oldfield or his medical team except for this case which was formally lodged in the hospital where his team worked. He has no knowledge of any similar situation having happened with Gerry or with Kate.

• Questioned whether problems exist between the couples, between each couple or with third parties, be these questions of professionalism or sentimental ones, or vices, states that he does not know of any. Each couple has been together for many years and one of the points they have in common, is that there is an understanding between each couple and the couple between themselves. When he has the opportunity of meeting up with them, they pass time together, conversing and playing activities together, for fun. Clarifies that the couple with who has done this less is the McCanns, but he also has no knowledge of any strange or complicated situation. He has no knowledge of vices, drugs and/or games, on behalf of anyone in the group.

• Questioned, states that this was the second time that the four couples came together (the first was at David and Fiona's marriage, in Italy), although he has already vacationed with two or three couples, but not with the group presently in Portugal. He remembers that, in September of 2005, three couples, excluding the deponent and his wife, went on holiday to Mallorca and that they did not accompany them as Jane tanner was in the final stages of pregnancy. They travelled together, as did the other couples, to David and Fiona's marriage, which occurred in Italy.

• These holidays were combined between themselves, and it was David and Fiona Payne who organised the details. The deponent and his companion Jane tanner travelled with Matthew and Rachel and their respective children on the plane given the tourist package that they had organised initially. Because he does not know, he cannot say who took care of the details but believes that it was David Payne who took care of the major part of the formalities with the agency.

• Because they travelled at different times, the four couples only came together at the Ocean Club resort to have dinner around 18h00 in the Millennium Restaurant which is located inside the resort. As he remembers, when the travel was booked, the apartments of the four couples were located close to each other in the same block, to make it easier to check on the children. The Millennium Restaurant habitually served food after 19h30 – except on Saturdays. Guests, who normally arrived on Saturday, do not have to have a previous booking – this time was late for the children, and thus they opted to have dinner, after that day, in the Tapas Restaurant. That restaurant is situated next to the pool, in the patio areas of the block of apartments where they found themselves lodged. The deponent furthers that the daughters of David and Fiona Payne are very agitated, and that they preferred to be the closest possible to the apartment. All the couples agreed, without objections.

• The deponent clarifies that, when they were on holiday in Greece via a booking with Mark Warner, they verified that they had available a type of service called "baby listening", clarifying that it consisted of leaving the children asleep, at home, while the parents went out to dinner, with the checking of the children carried out by nannies, who would listen close to the room windows, to hear if the children were crying, immediately informing the parents, if there was a problem. He explains that Mark Warner makes this service available in Greece, but that in Portugal it is not - a fact that they came to know when they made their bookings. In the Luz Ocean Club, a baby-sitter service is offered so that the adults can dine. This service is free. However, the children do not stay at home, but in the crèche installations. The nanny service costs around 15 euros per hour and functions until 01h00. In this case, they opted for a type of vigilance of the children like that they experienced in Greece. They thought that, given the number of adults present, it would be easy to carry out. Sporadically, when someone would get up, they would offer to go and listen for other couple's children, next to the window of their rooms. Questioned, the deponent clarifies that the Payne couple did not get up as they had a baby monitor on the table, that they considered sufficient and did not consider is necessary to personally check on the children. States that he does not know how many times each member of a couple got up to check on their respective children, and that he and Jane Tanner found it more convenient to check on their own children.

• Because he is asked, states that he went to the apartment of the McCann couple once but does not remember if he was asked to go or went of his own accord. He furthers that he did not know if the glass sliding doors were locked or not but that probably Gerry told him on this night to enter his apartment to check on the children. The deponent explains that for him and his spouse, this system was secure and effective and each couple would check on their children every 15/30 minutes. For his part, he guarantees that all the doors and windows were closed and locked, explaining that the windows and the glass sliding doors can only be open and closed via the interior of the apartment. As he understood, only Gerald and Kate used the system of entering through the sliding doors, as this was easier. They stayed in the apartment closest to the pathway and there was a corridor in the back area that gave access to the stairs. The rest of the elements of the group went via the passage-way, until the corner and would enter through their front doors. When the carried out the audio checks, they would position themselves near the windows and would try to hear if noise was coming from inside or crying.

• Questioned regarding his routine during the holidays, he confirms in all of his previous declarations and that his version is absolutely in line with his companion's Jane Tanner. He also verifies in the total conformity between his declarations and those of Jane Tanner regarding the holiday trip, of the constitution of the group and of the daily routine of the adults and the children which accompanied this group in the tourist complex, the Ocean Club, in Praia da Luz-Lagos.

• Until the past Thursday, 3rd of May 2007, he has no knowledge of any strange/suspicious happenings in the group of friends or with the children. Everything to him seemed normal, from the cleaning staff, gardeners, and the rest of the functionaries of the complex. He also saw no strange people on the beach who looked of a suspicious nature.

• Questioned, states that no one from the group used a vehicle, particular or rented and that they went everywhere in Praia da Luz on foot.

• He made note of the activities on the 3rd of May p.p.. This note consists of all the facts presented, of his activities and those of the group. They are in accordance with the version already represented by his wife, Jane Tanner.

• Regarding the night period, affirms that, on this day, around 19h15/19h30 he went to his apartment. Told his daughters some stories, having stayed with E**e O'Brien, who was a little better but had a hard time sleeping. Meanwhile, his companion Jane went to dinner in the restaurant - the Tapas - around 20h35/20h40 with the deponent going around 20h45. As the menu was always the same, the group already knew what plates made up the menu, for this reason the deponent told his wife what he wanted, and that she place the order, while he tried to put E**e down.

• When he arrived at the restaurant, all the adults were there, without the children. David and Fiona were missing and Dianne Webster. They arrived more or less 10 minutes after.

• Around 2100 they ordered dinner.

• As was normal, in more or less every 15/30 minutes, one person from each apartment would go to the apartments/rooms to check on the children and if they were well. On that day, as E**e O’Brien was ill, this time was reduced.

• He remembers that Matthew Oldfield left the restaurant, around 21h00, having gone to the apartments to ensure that no noise was coming from within.

• He is not sure who left first. But has the notion that, about five minutes after, Gerry McCann went to check on his children. Around 5 or 10 minutes after Gerry McCann had left, the deponent's companion, Jane Tanner, also left, to check personally on how her two children were doing. He does not remember if Jane or Gerry arrived first but remembers that Jane commented on having passed Gerry on the road, and that he was talking to another guest in the same locale, named Jez.

• Around 21h25, taking advantage of a pause in the service of the first plate, the deponent left the restaurant with Matthew Oldfield to check on the children. He arrived at his apartment and immediately heard his daughter E**e crying and stayed in the apartment. He believes that Matthew Oldfield went to his apartment, and is not aware if he was going to also check on the McCann children and went to the deponent’s apartment and asked him if he needed help.

• Matthew Odlfield returned to the restaurant, having told Jane Tanner that the deponent stayed behind with E**e O’Brien because she was crying.

• The truth is that after the crying, the deponent had to change all the sheets and his daughter's clothing as she had vomited.

• His companion came to change places with him 15 minutes after and told him to go finish dinner.

• Around 21h55, he returned to the restaurant, having stayed there for 5/10 minutes waiting to be served his plate. At this point, all the others had already finished eating.

• Around 22h00, Kate Healy left to check on the children in her apartment an returned in desperation, entered the restaurant screaming, in the direction of the table where the group was seated, affirming that Madeleine McCann has disappeared.

• All of them left, except Dianne Webster, and the deponent with some other people decided to start looking around the apartment blocks, and in the apartments, to see if they could find Madeleine.

• In the searches they carried out, after the disappearance, they did not identify any element/person/or suspicious object.

• Because he is asked, states that he cannot describe the state of the children’s room after the disappearance of Madeleine McCann, because he never entered there. When they were alerted to the situation, they immediately left the table, and the deponent immediately began searching the immediate areas, heading towards the village and the beach zone.

• Questioned regarding if he noticed whether the blind to the children’s room was up or down, states that he cannot answer because he did not look. He remembers that when he went to check on his children, together with Matthew Oldfield, they were talking and did not look to the windows.

• Questioned whether he knows if Matthew Oldfield went, or not, to check on the McCann children, he states that he does not know as he stayed with his daughter E**e O’Brien in the apartment, but heard, after, a comment that he was supposed to have gone, but that in the checking, he went to the outside of the door to the room, saw the twins, and not Madeleine McCann’s bed, which was situated at an angle which did not give him visual contact.

• States that he has no suspicion to present, and doe not remember any detail of situation that could be related to the disappearance of little Madeleine McCann.

• States that he does not remember any discussion between any of the couples, or any other element of the group with him, nor equally between any of the group with a third-party.

• The deponent remembers only one episode, that for him did not have any importance, but that, given the circumstances, make him relate it. States that between the activities of tennis and others on the beach, he took notice of an individual who he only knows as NIGEL - a British individual, married, and with a daughter of ¾ years whose name is Ixxx. He had trivial conversations with him. On the day of the disappearance of Madeleine McCann, in the late morning, part of the group, with their children, were next to the tennis courts when Nigel approached him. They were filming his daughter, with a video camera, and that, questioned, the deponent states that he does not remember seeing anyone with such an apparatus. Considering the current particulars of paedophilia, they conversed and the deponent considered this perfectly normal. Nigel had commented that he felt uncomfortable in having his daughter filmed. The deponent finished by concurring with him and together they spoke about the ridiculous situation and "the state to which the world has come". The deponent states that he has no reason to suspect Nigel, in any circumstances whatsoever, and that he appeared to him a normal citizen, with a normal family. He never again thought about this conversation and only reports it of all the situations of the week, he has no incident to register or relate.

• States that what he has just related is the truth of the facts.

• At this moment a mouth swab collection was requested of him, to be taken by Special Adjunct Irene Trovao, police officer in the current investigation. The same, and voluntarily accedes to the request and signs the respective declaration of consent, after it is read and translated by the interpreter, who has also signed together with the deponent.

• And nothing more was said...

Dianne Webster - 11h30, 11 May 2007

Processos Vol IV

Pages 949 – 954

Witness Statement

Dianne Webster

Date: 2007/05/11

Time 11h30

That she came on holiday to Portugal with the group which included Madeleine, this group composed of nine adults and eight children. As to the purpose of the individuals in the above mentioned group, she explains that they are united [together] in four couples (among them was her daughter Fiona and son-in-law David), and their children.

Concerning her relationship with the members of that group, adds that she would have no direct relationship with them as they are individuals close to the Payne couple.

She thought the Payne couple started a relationship of friendship, insofar as her son-in-law, David, had attended the university together with Russell, which will have been extended to two other couples (McCann and O'Brien), because the members of those couples, except for Rachael and Jane, were [also] practicing doctors.

Asked, she states that it is the first time that she has been on holiday with that group, knowing, however, that some of those couples have already spent holidays together on other occasions.

With regard to this trip she explains that she thought all details of the trip to Portugal were handled by her daughter, Fiona; together with her husband David, and aided by the tour operator "Mark Warner, via the Internet.

She states that she came on holiday at the invitation of her daughter Fiona and son-in-law David - Adding that she does not know the reasons why Portugal was chosen, nor why Praia da Luz and the "Ocean Garden Club" in particular.

She states that she made her own reservation, only with regard to the plane, via the Internet, unlike the other members of the group, whose reservations had been made through the Payne couple. Asked, she explains that she had never been to Portugal, being sure that the first time that she was here was this present holiday. That the whole group arrived in Portugal on April 28 and they have also been housed in the tourist resort buildings identified above, as initially planned. Because she was asked, she clarified that she had stayed in apartment 5H, together with the Payne family and their daughters (L***, two years, and S*******, one year).

Prompted about the routine during the holiday period, she clarifies that she usually took breakfast in their apartment, since the "Millennium" restaurant was quite removed from the building in which she was staying.

Still, she explains, on May 2, the eve of disappearance of Madeleine she had taken her breakfast in the "Millennium" restaurant, since it was raining that day and she did not have an opportunity to partake in the morning sports.

She added that in the days preceding the disappearance of Madeleine, after breakfast, she would play sport (especially tennis), after which she would go to the Baptista supermarket to make the purchases for lunch. In return, she points out that several families - who made up the group - met in the Payne's apartment to have lunch together, explaining that this was due to the fact that it is the larger apartment.

After lunch the children took a nap, usually staying in her care, since they [the adults] went with the Paynes to continue together with the leisure activities to which the holidays were dedicated. The purpose of those activities, it is clear, is that it was usual to go to the beach, pool and practice several sports monitored by the resort. Also she went to the beach at times with the Paynes and the children when they were not at the Kids Club.

In the late afternoon, from 16h45 to 17h30, the children had dinner at the "Tapas" restaurant, after which they were taken to the apartment to prepare for sleep, which usually occurred at 19h00. That said, the Payne family, the deponent included, prepared for the dinner that usually occurred around 20h45 in the "Tapas" restaurant.

The question asked, she added that the restaurant always reserved the same table for the group at the only table that was capable of seating a group composed of nine people.

Asked, she states that, although it is positioned in front of the balconies at the rear of the residential block, the angle of vision can not permit full control over possible access by people to the interior of ground-floor apartment patios that are there - especially since the restaurant is covered by a transparent oilcloth which hampers vision.

Asked who has done the booking of the restaurant, says that it was done by Rachael, explaining that although the dinner was scheduled for 20h30, the group never gathered before 20h45/21h00 due to successive delays of several couples.

The question asked, regarding the fact that, possibly, on the first day it was Russell who had made the reservation at the restaurant, she admits that as possible, although she cannot be sure which of the two (Rachael or Russell) would have done it. Prompted, she says that, from memory, the dinners usually ended around 23h00 the time at which they returned to their apartments where they slept.

Concerning May 3, the date of the occurrence of the facts now under investigation, she states that she did the things she has generally described above being unaware of anything, nor having seen anything, that might relate to the disappearance of Madeleine.

Prompted to report the events that had unfolded during the period between 19h00 and 22h40 of that day, the deponent states that around 19h00 she had gone together with the Payne couple and their children to the apartment in order to prepare them for bed. Then, as usual, the adults prepared themselves for dinner. In this matter, she recalled that they had been late with these preparations because they only managed to get to Restaurant around 21h00.

Asked, she adds that she went to the restaurant in the company of her daughter and son-in-law.

Asked directly if someone had gone to her apartment to call them (herself and the Payne couple) for dinner the witness said no.

Asked if there was the possibility of having crossed paths with someone during the journey between her apartment and restaurant, the witness said no.

That night she judges to have arrived at the restaurant close to 21h00, in the company of the Payne couple.

That, at that time, the whole group were at the restaurant. The witness did not recall, but thinks that perhaps Gerald and Matt had not been in the restaurant along with the other members of the group.

In this regard, asked specifically whether, on the journey to the restaurant, if they had passed either of the two individuals described in the preceding paragraph, she answered categorically not.

Questioned about the members who, during the dinner, had absented themselves from the restaurant, the witness says that, as she recalls, there were some people who left, failing to identify which, except for Russell who had left the restaurant and taken a little more time than usual due to, from what she knows, his daughter who had been sick.

Asked, she states that it would be normal for one member of each of the couples to get up regularly in order to check in their apartments if the children were well. She clarifies that the practice was for each couple to check their own children, it not being usual for anyone to check the children of other couples.

The question asked, she thinks that up to the date of the disappearance it had never happened that anyone had entered the apartment of another couple in order to check their offspring.

Nevertheless, it seems that the Payne couple and the witness, did not make any trips to apartments, because they had an intercom called a "baby monitor", through which sounds or noises of the children could be heard.

Prompted to state for the record the movements that occurred that night, during the above dinner, the witness reiterated that she could not say specifically who had left nor when they had done so.

Therefore, she can only say with precision that, at 22h00 Kate McCann returned to the restaurant, seemingly in panic, communicating to others the fact of Madeleine's disappearance. Asked about the reaction of other members of the group when they heard the above from Kate, the witness says that everyone, except the witness, left the restaurant and went to the apartment of the McCann couple in order to find out what was going on.

In turn, as relates to her, the witness says she stayed at the restaurant for about five minutes, then, noting that the remaining members of the group had not returned, she followed in the direction of the McCann apartment.

In that apartment she found that Kate was completely in panic, in "state of shock".

Because she was asked, she states that she entered the apartment by the sliding glass door of the patio at the back, which gives access to the lounge. Then she went to the children's bedroom, noting that there she found Kate and the twin siblings of Madeleine.

She added that she did not remember too much detail about the scenario that she found in that bedroom, other than that which she said above. However, she states that Kate had repeatedly commented that, on arriving at the bedroom, she had found the window of the room, with its shutter, both open. Yet, she [DW] did not notice, while at the entrance to the room, if the window was, or was not, open.

However, she wants to stress that immediately afterwards, she went outside the apartment in order to ascertain whether she would be able to raise the shutters by hand from the outside, and found it was impossible for her. Consequently she infers that at the time of her arrival at the apartment the window would have been closed.

Because she was asked, she says she does not know if the window, and the shutter, of the couple's bedroom were open or not, in that she did not enter that room.

Prompted about the conditions of light inside the apartment at the time, the witness believes that they were good, judging that the lights were lit and she recalls no darkness. Regarding the bedroom previously occupied by Madeleine, she does not remember if the lights were lit, but knows that when she entered the twins were still sleeping in their beds, which makes her think that maybe those lights were switched off. She added that, for her to see the twins and their cradles, and the bed of Madeleine, the darkness would not be complete, but that the room had some light coming from the lounge.

She adds that that night, and after the occurrence of the facts under investigation, she had been in the the apartment on two separate occasions. At the time described above she remained about 10 minutes in the apartment. After this time she returned to the restaurant to get her handbag as well as the camera of the McCann couple and the "baby monitor" of her daughter, and was soon back again in the apartment.

The question being asked about the people that were inside the McCanns' apartment at that time, the witness said that the McCann couple were present (although on the first occasion she had no recollection of having seen Gerry), and Fiona, not remembering any other people that were there. However, she admits the possibility of there being [others] inside the apartment, including David, in that, as mentioned above, all of them had gone to the apartment following the news that Kate had given.

The question asked, she states to know that male members of the group undertook a search around [outside] the apartment to try to locate Madeleine, which was absolutely fruitless. The deponent states that Fiona had asked her to move to their daughters to make sure that everything would be well with them, hence the deponent will have returned to her apartment from which she did not leave.

Asked, she states to be unaware of any type of problems affecting the family, professional, loving, etc., for any of the group members, either in our country or anywhere else in the world.

She does not know if any of the group members knows anyone residing in Portugal, particularly in the Algarve, or anyone who has been here on holiday in the same period.

Prompted she says that during these holidays all group members made their movements on foot, denying that any of them had rented cars or that they could possibly have driven cars of others, [nor that] they were occasionally available.

She adds that none of the group members left the village of Praia da Luz.

During that period, as far as she is aware, none of the group had formed any kind of acquaintance or relationship with other persons.

Prompted, she explains that in all the dinners during the holidays only members of the group had participated, never having any strangers with them at the table that they usually occupied.

Asked, she says that in the days leading up to the disappearance of Madeleine, or at any other time, she neither saw nor found any abnormal situation that could by itself be interpreted as having any correlation with the facts of the investigation.

Rachael Mampilly (Oldfield) - 11h30, 11 May 2007

Processos Vol IV

Pages 943 – 947

Witness Statement

Rachael Mampilly

Date: 2007/05/11

Time: 11h30

She confirmed the truth of the statements made to the Police Department on 04/05/2007 and is ready to provide any additional clarifications.

She stayed in apartment "5B", which is located immediately next to the apartment of the McCann family. That on 03/05/2007, Thursday, she rose between 06h30 and 07h00, along with her husband Matthew and their daughter G***e of 19 months.

At 07h50, they went to the "Millennium" restaurant, on foot, arriving by 08h00 to have breakfast. She stated that they had been the first of the group to arrive, and, later, came David and Fiona, and two children, then Russell with his children. Jane did not come because that morning she did not feel well. They took the usual route, alone, having left the apartment by the main door, which was locked, turned right, just after that a left, reaching the main road that led to the said restaurant. They took breakfast together at the same table, including the children.

When the breakfast was over, by 09h00, the deponent took her daughter to "nursery" next to the "Tapas", while her husband Matthew went with Russell to take his daughter E**a to "nursery" at the main reception. The witness says she returned to her apartment, did some cleaning and changed clothes as she had scheduled a tennis lesson for 11h00. At 09h45 she left the apartment and went to the swimming pool area where she read a book and talked with Kate until 11h10, the time at which she went to the tennis courts since the lesson was delayed slightly. At that time her husband Matthew arrived also to play tennis until about 12h10.

After class, they collected their daughter and went to the apartment of David Payne and Fiona, where thay had lunch all together. At 13h45, the three returned to their apartment, where they put down her daughter who slept for about two hours. The deponent went to play tennis with Jane until 15h00, while her husband Matthew went to the balcony of Russell to talk, or vice versa, she doesn't know exactly, their apartment being located to the side of his and there is only one other apartment between the two.

After the game of tennis, the witness returned home to rest, her husband and Russell having gone to the beach of Luz to sail. At about 15h45, her daughter having woken up, she took her to the beach of Luz in the company of Dianne, Jane, Fiona and their respective children, where they found Matthew, Russell and David. At 17h30 the children dined in one of restaurants by the beach, [she] not having detected any abnormal or strange situation.

By 18h30, the women and children returned from the beach in the direction of the "Ocean Club" with a view to seeing their husbands play tennis, who had returned from the beach about five minutes before. Prior to going to her apartment she was with the children in the playground area, next to the "Tapas", until about 19h00.

Then she went to her apartment where she gave her daughter a bath, Matthew returning at 19h15. They washed and dressed their daughter and put her to bed by 19h45. The deponent and her husband took a bath, dressed and went to the "Tapas" restaurant around 20h40. They left by the main door, which they locked, arriving at the "Tapas" about two minutes later. She emphasized that the back door [patio window]was closed and properly locked.

When she arrived at the restaurant there was Kate, Gerald and Jane who were talking to another couple who were not part of the group. Russell had not yet arrived because he was singing his daughter to sleep, according to what she was told by Jane.

The deponent states that she sat more or less facing the back of the apartment and Matthew, on the side of the table, to her left. She does not know if, from that position, he could see the the back door of the apartment where Madeleine was, it being that, in her case, she could only see the top end/edge.

Then Russell arrived and after another 10 minutes, when it would be around 20h55, the Payne family - David, Fiona and Dianne - arrived. About a minute before the Paynes arrived, her husband Matthew got up from the table and said he was going to go, taking this opportunity "to listen" to the children. She states that, according to what they [the Paynes] told her, Matthew passed them on his way out. After about 4 minutes, Matthew returned to the table when they ordered the food, and said he had "listened" to his daughter and to the Russell and McCann children, outside the front by putting his head [ear] against the shutters of the windows of their respective bedrooms and that everything was calm with the children. Both ate fish and salad, the deponent drank white wine and Matthew [drank] red wine, she thought that, at the time, one glass each.

By 21h05, Gerald went see his children, and about 10 minutes later Jane left before Gerald had returned. A few minutes after Jane left Gerald arrived and said he had been talking to "Jez" about tennis, [she] not recalling if he said anything about the children. During this time she affirmed that no one else left the table. Two or three minutes after the arrival of Gerald, Jane arrived, [she] again not recalling whether [Jane] made any comment about her children.

At 21h20 they began to dine, and, at 21h30, her husband Matthew said that he would go to see to their daughter, G***e. The deponent offered to go in his place, but he did not accept. Russell also stood up saying that he would also go to see his children. When they were both standing, Kate said the same, namely, that she would also go to see her children. At that point, presumably, she cannot be sure, if her husband Matthew or Russell volunteered to go to see Kate's children, and she told them that they would have to enter by the back door [patio window], which was unlocked. Russell and Matthew left at the same time. About five minutes later, Matthew returned saying that the children were all well, and that Russell had stayed in the bedroom as one of his daughters was crying.

By 21h40/21h45, when they were at dinner, Jane said that she was going to replace Russell so that he could eat, since she had already eaten. About five minutes later Russell returned to the table saying that his daughter E**e was sick and had vomited, [he] starting to dine afterwards.

About 21h55/22h00 Kate got up from the table and went alone to her apartment in order to see her children. Five to ten minutes later, she returned the table, crying, visibly shaken, saying that Madeleine had disappeared. Immediately, all of the group, except Dianne, stood up heading for the apartments, and the witness went to see if her daughter was well. Soon after, the men of the group started to do a search around the apartments in an attempt to find the child, at which time Kate said that the window blinds of Madeleine's bedroom were open and, as such, she had been taken by someone.

The deponent states that she did not enter the bedroom of Madeleine, thinking that Matthew her husband also had not done. Then, they extended the search to more distant areas, and her husband headed to the main reception to see if he could find Madeleine there, since her "nursery" was there, that also being the place he contacted the local police authorities.

They continued the search with the help of more people, which resulted in nothing. Further to that, about 10 minutes after Kate raised the alarm about the disappearance, the deponent was with Jane in the apartment of the latter. While talking, Jane told her that when she came to see their children, and passed Gerald talking to "Jez", she saw a man with a child, supported in his arms, which would not be a baby and could have been more or less the age of Madeleine. Also she said that when she saw the man, it seemed strange because he was walking very fast and had a child wearing pyjamas, without any other piece of clothing. That she questioned her [about it], and Jane said to the deponent that at the time she had said nothing because she knew nothing of the disappearance of Madeleine and she had not seen the face of the child. Asked, says that, initially Jane focused more on the description of the man and, only a few days later, did she make reference to the clothes that the child would have worn, which would be pyjamas, not recalling if [when] she made a comprehensive description of clothing, especially of the colour or design.

Questioned, she said that on Thursday, 03/05/2007, there was nobody sitting at the table who was strange to the group, and she does not know anyone with the name "Irwin".

She added that it was David Payne who organized this trip, and the apartment was where she was already intended, at the time she made the check in, there not having been any choice.

She does not have any suspicion in relation to the facts under investigation, stressing that in the holiday period preceding the day of the disappearance she did not find anything abnormal or strange.

Concerning the monitoring of the children every half hour, it was inspired by the system that "Mark Warner" has and that it is known as "baby listening" and she had used this service in 2006 when they stayed at a holiday resort in Greece.

Questioned, said that no part of the group rented, or was carried in a vehicle, so movement was always made on foot, they only travelled by bus on the day of arrival, on the route between the Faro airport and the "Ocean Club".

She got to know the McCann family at the marriage of David and Fiona, in Italy in 2003, at which time Msdeleine was already 4 months old. She does not know of any enemies.

She has no knowledge, in addition to their group, of other friends of the family of Madeleine, who may have been in Portugal during the period in which occurred the facts.

That, in the photographs she took during this holiday, there are recorded only the various members of the group. Questioned, she states that during the holiday period she went to lunch at the apartment of David and Fiona, and that Madeleine entered the apartment of the deponent at some time.

Questioned, she said that on the day they arrived, her husband Matthew felt sick with diarrhoea and vomiting, a situation that lasted until Sunday morning. Furthermore, on Wednesday, in the early morning, she also felt sick with the same symptoms.

Rachael Mampilly (Oldfield) - 17h00, 15 May 2007

Processos Vol V

Pages 1292 – 1297

Witness Statement

Rachael Mampilly

Date: 2007/05/15

Time: 17h00

She confirms the integrity of her previous statements.

When asked, she said this was the first time she had been in Portugal. She travelled with her husband Matthew, her daughter G***e, aged 19 months. In addition to these, the group was made up of the McCann family (with three children the eldest being Madeleine) the Payne family (two children), Dianne Webster, Fiona Payne's mother and O'Brien and his partner Jane Tanner, who also have two children.

The group was composed of nine adults and eight children.

They arrived in Portugal on Saturday 28th April, arriving at the Ocean Club in the middle of the afternoon. They flew from Gatwick to Faro. The Paynes, McCann family and Diane Webster arrived an hour later by a separate flight (East Midlands – Faro).

On that evening they all went for dinner at the Millennium restaurant.

On the morning of the 29th, Sunday, they all went to play tennis except for Matthew because he was ill (vomiting and diarrhoea) and Russell O'Brien. The children went to the Club. They all lunched in David and Fiona's apartment. The McCanns lunched in their apartment and then went to meet the others. In the afternoon the children slept (except the McCann children) and afterwards they went to the recreation area. At 17h00 the children went for dinner. Immediately afterwards, the witness, her husband and daughter went to walk on the beach. She thinks that the McCanns remained at the recreation area near to the pool and tennis courts, as did the others. At about 20h30 when the children has been bathed and were asleep, they all went for dinner at the Tapas Restaurant, near to the pool.

The only beach the members of the group went to was the beach in Praia da Luz.

On the 29th, 30th of April, 1st, 2nd and 3rd of May they always dined at the Tapas restaurant.

On Monday they were told that there was no room for all of them in the restaurant, but they obtained a special favour from a waiter and all dined together. In order to obtain this favour they said that the children were asleep and that they could not move anywhere else. For this reason, from this day onwards they would reserve a space in the restaurant (for the adults) for the following day.

That on the five consecutive nights they dined at the Tapas restaurant they always followed the same ritual.

They would always begin dinner at 20h30, after the children were asleep. If one of them hadn't fallen asleep, one member of the couple would stay until the child had fallen asleep and as soon as that happened, would go and join the others.

This happened to Russell O'Brien on Tuesday evening and he did not manage to have dinner, his partner Jane Tanner brought him his dinner in his room.

On Wednesday evening the witness did not go for dinner because she was feeling ill and spent the day in the apartment.

On Thursday evening, for the same reason, Russell O'Brien went to dinner ten minutes late.

The ritual during dinner was always the same. The Payne family used a walkie talkie to check whether their children woke up. For this reason they never left the table and were calm. This couple, when they left, would always lock the windows and doors, in spite of their apartment being on the first floor.

The witness and her husband who were staying on the ground floor (5B) in a space of 20 - 30 minutes would leave the restaurant and go to the apartment, entering by the front door and checking on G***e. They always locked the door and closed the windows.

The Russell O'Brien and Jane Tanner couple did exactly the same as the witness. They locked the door and closed the windows.

The McCanns, who were staying in 5A on the ground floor, left the patio doors closed but not locked so that every 30 minutes during dinner, one of them would check to see how the children were.

Each couple checked on their own children.

She never noticed anything strange during dinner or when checking on the children.

On 3rd May, the day of Madeleine's disappearance they all (except for the McCanns who stayed in their apartment) had breakfast at the Millennium at 08h00.

Afterwards the witness took G***e to the Club. Madeleine and the twins also went to the Club that morning, as well as the other children in the group.

Matthew and Russell O'Brien went to the beach. The Payne couple were also at the beach. The witness, after leaving G***e at the club went to the apartment to get ready for tennis. Also present at the tennis courts between 9h10 and 10h10 were Kate McCann, Dianne Webster and Jane Tanner. The witnesses tennis session was at 11h00 with Matthew, after he returned from the beach. Gerry's tennis session was at 10h00.

After tennis, as usual, they went to pick up the children and all had lunch in David and Fiona's apartment apart from the McCann family.

After lunch the children went to sleep. She was not with the McCanns that afternoon until dinner time. She does not know what they did or where they were during that time.

They spent most of the time on the beach that afternoon. They saw Kate running on the beach but she did not stop and they did not speak.

All the children, except the McCann children dined at a beach restaurant at 17h30. After the children's dinner, the men went to play tennis and the women and children watched, once again except for the McCann family (Gerry was playing tennis but she did not see Kate or the children).

Afterwards they went to bathe the children and put them to bed.

When they arrived at the restaurant at 20h45 the McCann couple were already there.

They were talking to a couple they knew from tennis, whose name she cannot remember. Jane was also there but she was not talking to them. The Payne family and Dianne arrived just after 21h00. Matthew bumped into them as he had gone to the apartment, but he did not enter, he just listened outside to see if there was any noise. He did the same at the Tanner and McCann apartments.

The window shutters of the McCann's apartment were closed. The patio door that they used to enter the apartment also had its shutter closed. In order to enter they had to raise the shutter.

At about 21h00 they were all seated at the restaurant. At 21h05 Gerry went to check on his children and returned minutes later. Jane also went to check on her children before returning.

Gerry said that he was chatting to a tennis friend called Jez about the tennis tournament that would take place the following day.

When Jane returned they began to eat dinner.

At about 21h30 Matthew and Russell went to check on their children at the same time. They offered to check on the McCann children. After checking his children Matthew went to see the McCann children. In order to do so he entered via the patio doors. According to what her husband told her the bedroom door was ajar. He did not enter the room and therefore cannot say whether Madeleine was in the room or not. All he could confirm was that nobody was crying and the twins were there. Russell was not with him as he had stayed in his apartment because one of his children was crying.

Matthew returned to the table and said that all was calm, except for Russell's daughter, which is why Russell O'Brien stayed with her.

In the meantime they began dinner (at that time they would be eating their starters) and after eating Jane went to Russell to see if he wanted to have dinner. It was about 21h45.

While Russell was having dinner, Kate went to see the children. Minutes later at about 22h00 she returned to the restaurant in complete panic, saying that Madeleine had disappeared.

During that day and evening the witness had not seen anything strange.

She just says that at about 21h15 when Gerry was talking to Jez, Jane saw a man carrying a bare-foot child in pyjamas, crossing the road between blocks 5 and 6.

According to Jane she did not see the face of the man carrying the child.

She could only tell what she saw.

When asked what the relation between the group was she says that all the men and Fiona are doctors and a friendship had built up between them because at one stage or another, they had worked together. In spite of not living in the same town they would meet up.

Fiona and David Payne are the closest to the McCann family.

It is the second time that they have been on holiday with these friends. In September 2006, they went for a week to the island of Zakynthos in Greece. However, neither the McCann family nor Dianne Webster went.

When asked she says that all the couples have been together for various years (between 8 and 12 years). They all have stable relationships. She does not know whether any female or male members of the group have had any other relationships between them, other than the current.

She does not have any knowledge of whether any members has a parallel relationship with any other members of the group.

When asked, she says that there is no friction or conflict between those that make up the group as they are in total harmony as regards the kind of holidays they take, they all have good jobs and identical levels of living as well as having the children in common, whom they all have to look after and they try as hard as possible to do everything together.

She says that in terms of harmony and friendship the group is very close.

When asked about the characteristics of the other couples, she says that they are all persons of normal considered behaviour, and has nothing to point out.

She says that the first time she saw the suspect Robert Murat was on the night of 3rd May shortly after they had discovered Madeleine was missing. She saw him for the first time at about 23h30 in the covered area between apartments 5B and D. She thought it very strange as he seemed to be there watching, trying to be the next person to talk to the couples from the group.

That immediately, when the police arrived, he introduced himself to elements of the group, namely Russell, accompanied by the GNR, translating all the initial contacts between the group and the police.

When asked, she says that she does not know whether he entered the McCanns' apartment with the police.

As regards the other people searching for the girl outside the apartment he tried to contact them directly, saying that he had a daughter of the same age as Madeleine, offering to translate whatever was necessary.

She thought this individual's behaviour was very strange, given the intensity of his presence. In addition, all the people they contacted that night belonged to the Mark Warner resort and he stayed there, in the middle of them, without anyone knowing where he had come from. Because of her profession (personnel recruitment, interviews) she thinks she knows a bit about human behaviour, thinking it rather strange that he introduced himself in such an insistent manner.

She saw that this individual was with the police in the area for some minutes before she lost sight of him. She does not know whether he managed to enter the McCann's apartment.

She thinks that after this night she only saw him again on Sunday, 6th May in the morning, in the Praia da Luz church during mass.

She saw him again on 11th May when he was translating some statements at the PJ in Portimao. She thinks he spoke again and wanted to draw close to her companions with great intensity, wanting to talk about his life, saying that he was carrying out work in a house in the UK, that he had a daughter of the same age as Madeleine, that she was phoning him a lot to ask how he was (which she thought strange given the girl's young age), always showing a familiarity that was out of the ordinary.

She always had the impression that this individual had strange behaviour and that he wanted to impose his presence, trying to take part in everything that was related to Madeleine's disappearance.

She did not see him again, except for yesterday, when he was shown on various television channels as a suspect in the abduction of Madeleine. She then felt her suspicions about this individual would be confirmed, feeling bad for not having expressed them earlier to others and to the police.

Reads, ratifies, signs.

Fiona Payne - 12h00, 16 May 2007

Processos, Volume V

Pages 1323 to 1325

Witness Statement

Fiona Elaine Payne

Date: 2007/05/16

Time: 12h00

That she confirms in the integrity of her previous declarations made in this investigation.

Questioned, states that she became aware following various news bulletins - namely on Sky News - that Robert Murat was the main suspect in the abduction of Madeleine McCann.

That upon seeing the individual on television, she recognised him immediately as someone from the night of the disappearance of Madeleine who had made his presence noted.

That she never saw this individual before, and saw him for the first time, as stated, on the night of May 3rd, around 23h30, outside, and next to the door of the McCann apartment in the company of GNR elements, who had arrived.

That at this point, one and a half hours had passed since Kate McCann had noted that her daughter had disappeared.

Questioned, states that she does not remember the characteristics (type, colour, etc) of the clothes that Robert Murat wore that night.

That she found the presence of this individual at the site very strange, and never got to know what his role was (contrary to other people who were there, and who belonged to the police or the resort).

That at a certain time, he said that he was there to help the police but his behaviour was not compatible with this role, in that he looked to be leading the process, stating that he was offering his help in all that was necessary.

That she found his behaviour so excessively strange that she stayed as far away from him as she could.

That she does not remember if he entered the McCann's apartment on this night. She does not know if he spoke to Gerry, but is certain that he did not speak to Kate, in that after the disappearance of Madeleine, the deponent stayed with [Kate] for most of the time in her [Kate's] apartment.

That during this night, she saw him walking to and fro, the majority of the time accompanied by the police, and always with an air of authority, offering suggestions and trying to lead the situation.

That she did not speak to him, and only observed his behaviour.

She only came across him at around 23h30, next to the McCann apartment, when he went there to offer his help in any way possible. She does not remember if anyone was with him at this time.

That in the following days she saw him various times with numerous reporters who were in the locale.

That she did not see him in any other place or situation.

States that since the night of the disappearance, she found his behaviour strange, as he wanted to know everything that was happening and gave the idea that he knew everything. He tried insistently to lead the process - especially the actions of the police.

At one point, he even seemed to try and lead the police movements with his presence and wanted to translate everything.

That she had never seen him before this night.

And nothing more was said.

Russell O'Brien - 12h30, 16 May 2007

Processos Vol V

Pages 1320 to 1322

Witness statement

Russell James O'Brien

Date: 2007/05/16

Time: 12h30

He comes to the process as a witness and of his own free will to make this statement.

When asked he says that he does not speak Portuguese and is assisted by the interpreter Alice Avakoff.

When asked whether he is capable of recognising without any doubt the suspect Robert Murat, the witness replies yes.

When questioned he says that the first time he saw Robert Murat was on the night of the events currently under investigation, in other words, the night upon which Madeleine disappeared, at about 01h00 in the early morning of 4th May.

That he saw Murat for the first time at this moment in the Rua Silva in front of the apartment where the events occurred, near to the parking area.

When asked whether Murat arrived before or after the police, the witness says that he does not know, given that at the time the police arrived he was not present as he was searching for Madeleine.

When he saw him for the first time the police were on the scene.

Robert Murat appeared in the middle of different people (friends from the group, people from the resort, tourists and locals) who were searching for Madeleine. he adds that he does not know at what time Murat appeared on the scene, nor whether he arrive alone or accompanied, in the sense that when the witness arrived at the scene, Murat was already there.

When asked, he says that as far as he can remember, Robert was translating conversations between two officers and various people who were searching for Madeleine. As far as he could make out at that time, it seemed that Robert was trying to help, in the sense that these people were exasperated with some of the officers. He remembers that all the people were quite upset, whilst Robert was very calm. That morning was the first time the witness spoke to Murat, not remembering whether he had approached Murat or whether Robert had addressed him. They had various discussions including the fact that Robert was fluent in Portuguese as he had lived in the country for many years.

He adds that Robert told him he had a daughter of Madeleine's age in the UK and that Madeleine's disappearance was a terrible thing.

When asked what Murat was wearing that night, the witness says he is not certain but thinks he was wearing dark coloured trousers, he can't remember the colour, and a T-shirt, perhaps dark grey in colour and perhaps a jacket, the characteristics of which he cannot describe. He clearly remembers that Robert wore glasses.

When asked he says he does not know how Robert found out about Madeleine's disappearance nor how he arrived at the scene.

When asked, he says that he had never seen Robert before.

After this morning the witness saw Murat 3 more times, once on the morning of 4th May in the same street, rua Silva at about 12h00 in the company of police officers. About two days later he saw Murat at the Ocean Club reception at about 12h00/14h00. Robert was alone and walking towards the previously mentioned road. The witness says that he (RO'B) was accompanied by Rachael. The last time he saw Robert was last Sunday, near to his house at about 20h30. At that moment the witness was with Jane.

He never noticed anything suspicious about Murat except for the last time he saw him when Robert was being transported in a vehicle, a green van with four windows, he does not remember the make, model or number plate and that he stopped, got out of the van, opened the back and showed photos of Madeleine and that he showed himself to be a very important person in the investigation, saying that he was providing immense help to the police in discovering the truth.

When asked, he says that according to his wife Jane, she did not see Murat on the night of the events as she had spent most of the time looking after her children.

No more is said. Reads, ratifies, signs.