David James Smith, Steven Swinford and Richard Woods
September 9, 2007
After a dramatic twist, are the Portuguese police close
to solving the most extraordinary disappearance of recent years?
As Gerry McCann emerged from Porti-mao police station at midnight on Friday, he stared unblinkingly
into the distance while his lawyer read out a statement. The consultant cardiologist, said the lawyer, had just joined his
wife as a prime suspect in the death of his daughter, Madeleine, who went missing four months ago.
Beneath his unflinching exterior, Gerry was in a state of turmoil and fury. "We are being absolutely stitched up
by the Portuguese police," he had told a friend after his wife Kate had earlier been named a suspect after hours of interrogation.
"We are completely f*****, we should have seen this coming weeks ago and gone back to Britain."
Barely six days earlier the McCanns had been preparing to do just that: to end their vigil in Portugal and return
home to Rothley in Leicestershire. They had informed the police who had reacted calmly enough.
Detectives had warned their lawyer that the McCanns might be made arguidos - suspects - in the investigation, but
had emphasised that it would be a purely "technical" move. The status would give the McCanns greater rights in interviews.
The couple were going to need them. Kate was the first to be summoned and on Thursday was questioned for 11 hours.
Drained and exhausted she left the police station at 12.55am, only to be back for a further five hours of questioning on Friday,
before which she was named an arguida (the feminine form).
The archaic procedures made her grilling all the more arduous. Instead of taping the interviews, an officer took
hand-written notes in Portuguese of Kate's comments, which were then translated back into English at regular intervals for
her approval.
The police have said nothing publicly about the evidence they are reported to have. But according to friends of
the McCanns who spoke to them after their interviews, the police told Kate they had found "bodily fluids" in a Renault Scenic
car hired by the McCanns.
The police implied the forensic traces had come from Madeleine - yet the McCanns had only hired the car 25 days
after their daughter disappeared. The implication was clear: Madeleine had died and the McCanns had later used the car to
dispose of her body.
The police added that a sniffer dog brought in from South Yorkshire police to help with the inquiry had detected
the "scent of a corpse". During questioning they repeatedly played footage of sniffer dogs becoming animated around the Renault
Scenic. They are also said to have found Madeleine’s DNA on items of clothing bought by Kate after her daughter’s
disappearance.
The police declared that the elements were enough to make them believe that Madeleine was dead and to make Kate
a suspect. They even offered her a deal: if she confessed to killing her daughter accidentally, she would receive a "lenient
sentence" of just "two to three years".
After all the weeks of grief and pressure, it might have been too much for some to bear. Kate, although worried
sick, stayed strong. "How dare you," she told the police. "How dare you use blackmail to get me to confess to something I
didn’t do." Gerry returned distressed and tired. His sister Philomena McCann, who spoke to him after his interrogation,
said: "He’s adamant that he’s done nothing wrong. Every question he was asked, he answered. Gerry didn’t
seem particularly worried. He’s more concerned that the investigation seems to have moved away from finding Madeleine
alive."
She added: "Kate and Gerry have not been charged. They are free to leave Portugal, which is what I would want them
to do - because I am sick of seeing them persecuted in this shameful manner."
This weekend their fate hangs in the balance. A source at Britain's Forensic Science Service said that the whole
edifice of suspicion against the McCanns may rest on sand. Forensic samples, he cautioned, may have been too small or too
contaminated to prove anything.
A senior British police source said he was astonished by the decision to accuse Kate of killing her daughter just
on the basis of the forensic tests. "It sounds over the top. What we do is to get an independent review of the forensic evidence
and bring someone in from the outside. You independently review what is going on and you certainly don’t make an arrest
off the top of one specific piece of evidence," he said.
On the other hand, a Portuguese newspaper yesterday claimed that Kate is accused of homicide, negligence and "preventing
the corpse from being found". Reports also claimed that police sources said Kate is mentally unstable, displayed "aggression"
and has been using her right to remain silent.
The Portuguese authorities are considering whether to suspend the McCanns’ passports - and the police may
yet lay charges.
To appreciate the McCanns' extraordinary predicament, you have to go back to the night in question, Thursday, May
3, and in particular the three hours between when Madeleine was last seen by a nonfamily member and when she was reported
missing. What happened in this period is regarded by police as the key to solving the mystery.
*
AFTER a series of interviews in Praia da Luz in recent weeks, The Sunday Times has established new details of what
happened that night and how the police inquiry took its dramatic twist this weekend.
The McCanns had travelled to the Ocean Club resort in Praia da Luz with a group of friends, predominantly doctors
like them. Altogether, four families, comprising nine adults and eight children, set out.
At the Ocean Club all four families had apartments in Waterside Gardens Block 5, which overlooked
one of two pool and restaurant areas on the resort. It was not a gated site and Gerry’s and Kate’s ground floor
apartment, 5a, was on a street corner. The group occupied two of the neighbouring apartments, 5b and 5d, and another on the
floor above.
On the first night, Saturday, April 28, the adults and children all ate together at the Ocean Club’s other
location, some 10 minutes away, the Millennium Restaurant and Terrace. But the next night, and for all the nights thereafter,
all four families settled the children in their apartments and then walked down to the nearby Tapas restaurant with its open
air tables offering a clear line of sight to the apartments, about 50 metres away.
You could see the rear of the apartments where french windows opened out of the lounge and kitchen area. In the
McCanns' apartment there was a master bedroom next to the lounge, a bathroom and, furthest away from the Tapas restaurant,
at the front, next to the front door, the second bedroom where the three children were put to sleep every night.
Each evening the group followed a pattern of giving the children tea together and then playing with them for an
hour before putting them to bed. The children, worn out, were soon asleep.
For the adults, the evenings were fun, although not excessive, despite some of the more excitable reporting. The
Portuguese magazine Sol, for example, claimed 14 bottles of wine were consumed on the night of May 3 - adding the supposedly
persuasive details of eight bottles of red and six of white. In fact, according to Gerry, the group had drunk only four bottles;
another two stood barely touched on the table.
Each set of parents took responsibility for checking on their own children, so there was fairly constant traffic
up and down from the table, the parents often crossing paths. Gerry and Kate took turns to check every half hour.
On the evening of May 3, the last moment when Madeleine was definitely seen alive by anybody other than the McCanns
was at about 7pm as the group put their children to bed.
As the adults dined, Gerry went to check on Madeleine and the twins Sean and Amelie at just after 9pm, perhaps
at 9.05pm. He says all the children were safely asleep.
As he was returning to the table he encountered Jeremy Wilkins, an English fellow holidaymaker whom Gerry had befriended
at the resort’s tennis courts. They chatted for a few minutes in the street outside the McCanns’ apartment.
One of the party, Russell O’Brien, was away from the table for much of the evening, caring for his sick child.
At about 9.15pm Jane Tanner, his girlfriend, went to their apartment to see how things were. As she did so she passed, right
on the street corner by the McCanns’ apartment, a man carrying a child wrapped in a blanket.
The man was crossing the road, walking away from the apartment complex. At the time Tanner thought nothing of it;
it seemed a perfectly normal spectacle in a family resort.
At 9.30pm Kate was due to check on her children, but another of the party, believed to be Matt Oldfield, was getting
up from the table to make his own check. Oldfield said he would look in on the McCanns’ children, according to a source
close to the McCanns.
When Oldfield reached the corner apartment he entered through the closed but unlocked french windows and checked
on the sleeping children. Afterwards, with the terrible agony of hindsight, he could clearly recall seeing the twins lying
there, but could not say for sure that he had seen Madeleine. But that was afterwards. The evening went on.
O’Brien rejoined the table shortly before 10pm. Not long afterwards Kate got up to make the next check on
her three children. The walk must have taken her less than a minute. Madeleine was not in her bed.
Left behind was Cuddle Cat, Madeleine’s comfort toy. She was never separated from it, especially at night.
According to Kate, the bedroom window was open and the shutter up, yet they had been closed and down when Gerry
checked at 9pm. Kate searched the apartment and the area immediately outside.
She ran down the hill and into the restaurant, where Gerry recalls her shouting or screaming either "Madeleine
has gone. Somebody has taken her" or "Madeleine has gone. Someone has taken her". Other reports suggest she shouted, "They've
taken her."
Gerry thought "that can’t be right, that can’t be right". He went running up to the apartment with
Kate and checked everywhere she had already looked, and made a quick run around the apartment block.
They decided straight away to call the police but had no idea what the emergency numbers were and, anyway, could
not speak Portuguese.
They asked one of their friends in the group to go down to the main reception, which is manned 24 hours, and call
the police. The call was made at 10.14pm or 10.15pm, according to the McCanns.
Two officers from the GNR local police arrived at 11.10pm, nearly an hour after the call. They could not speak
English and a member of the Ocean Club staff had to translate.
The immediate assumption was that Madeleine must have wandered off, but Gerry and Kate were adamant that this could
not have happened. Besides there were, apparently, obvious signs that an intruder had been there. What they were, however,
is not clear. Apart from the open window and shutter, neither the McCanns nor the police have confirmed any other evidence
of a break-in.
At midnight the local police called the Policia Judiciaria, the PJ, who investigate serious crimes. The PJ arrived
at 1am, according to the McCanns. There was substantial searching involving tourists and locals for some hours. Kate remained
in the apartment hoping for news, while Gerry went out and looked.
By 3.30am the police had packed it in for the night. The searching was pretty much over. Gerry and Kate were frustrated
and desperate. Gerry went out at about 4am with David Payne, another of their group, hoping to find something.
Later, at about 6am, the McCanns went out alone and walked around the scrubland on the outskirts of
the village, holding hands and calling Madeleine’s name. There was nobody else around and they felt utterly alone.
*
FROM the beginning the McCanns felt that they must keep faith with the Portuguese detectives who were investigating
their daughter’s disappearance. Others around them were ready to criticise but, in public at least, the McCanns expressed
their support.
They were also advised not to betray any emotion when making public appeals for help, which accounts for the even
face which Gerry has presented to the media. Jim Gamble, chief executive of the Child Exploitation and Online Protection Centre,
told them that if the abductor was watching he or she might take pleasure in the McCanns’ distress.
Behind the scenes, however, tensions festered on both sides. It was not always easy for the McCanns or their friends
to maintain the veneer of confidence in the police. One forensics officer spent a long time in the McCanns’ apartment
collecting exhibits, but wore the same gloves the whole time. The gloves should have been replaced regularly to avoid cross-contamination.
The Portuguese police were unused to the intense media interest and the McCanns’ highly successful and in
some ways controversial strategy of keeping Madeleine’s story and image in the public eye in the hope that someone would
recognise her. The PJ, steeped in a culture of secrecy dating back to Portugal’s dictatorship, which ended in 1974,
resented the media attention and having to give a press conference.
There were further complications, too. The McCanns knew, as few others did, that the PJ had adopted a local expat
called Robert Murat, who spoke English and Portuguese, as an official translator.
Murat lived in a villa with his mother just across the road from the Ocean Club and only a few hundred yards from
the McCanns’ apartment - in the very direction that Tanner had seen a man with a child wrapped in a blanket. Yet he
was given a position of trust by the police: when Murat told the police that some members of the press already suspected him,
the PJ told him not to worry. He should keep away from the press, the PJ said, and help them as a translator.
He began informally translating for the PJ on Monday, May 7, and on the Wednesday signed an agreement as an official
interpreter. He translated the interview of the McCanns’ holiday companion Rachel Oldfield, among others.
On the night of Saturday, May 12, he left the PJ offices in Portimao and realised that he was being followed by
an unmarked police car as he drove home. On Sunday he tried in vain to find out from the PJ why they had changed their minds
about him. He has still never been told why he became a suspect but the next day, at 7am, the police raided his house and
took him off for questioning.
How could he be trusted one day and suspected the next? It made little sense, least of all to Murat. Police investigations
into his movements and associates produced little of interest. Excavations at his mother’s villa turned up no sign of
a body. The police investigation appeared to be going nowhere.
From the beginning the McCanns had been warned by the PJ that they could not speak about the details of the investigation
or the circumstances of Madeleine’s disappearance. The "secrecy of justice" laws prevented anybody involved, including
all police officers and witnesses, from talking about it to the press or anyone else. Both Gerry and Kate were meticulous
in observing this rule.
The McCanns lived - and continue to live - on hope. They knew their daughter could have been abused and killed
but, in the absence of certainty, they could have hope. When a German journalist asked in June whether they had had anything
to do with Madeleine’s disappearance, it seemed an insulting aberration. The McCanns maintained their composure.
For many weeks even the identities of the McCanns’ holiday companions remained secret - nobody except the
police knew who they were. Suddenly the friends began receiving telephone calls in England from a Portuguese journalist. It
was a woman from Sol magazine who knew the names, addresses and telephone numbers of all the friends. It appeared that she
could have obtained that information only from the police. Had the PJ, whose competence was being questioned by the British
media, been stung into some sort of riposte?
Those first invasive telephone calls were the opening round of the campaign of speculation and suspicion that seems
to have culminated in the extraordinary events of the last few days. Sol ran a series of articles that cast doubt on the behaviour
and probity of the McCanns and their friends.
The articles were a mixture of straight facts from the police files and random inaccuracies, such as the 14 bottles
of wine. Where Sol led, the rest of the Portuguese media followed - except they did not seem to be so well connected to the
police and their information was even wilder.
The internet became rife with rumour and gossip. The holiday group were "swingers", apparently, and had lied and
contradicted themselves in their statements to the police. The McCanns had accidentally killed Madeleine and conspired with
one or more of their friends to dispose of her body.
The most powerful rumour was that they had used their medical knowledge to sedate their children – presumably
so they could go "swinging".
There was no evidence to support any of the claims. The McCanns insisted they had given their children nothing
more potent than Calpol, which is a painkiller and has no sedative effect. It is also paracetamol based so an overdose would
take days to have an effect, with the child likely first to show signs of jaundice.
The febrile atmosphere persisted. In mid-August the Portuguese papers, apparently following a line from Sol, began
to point suspicion at O’Brien, the friend who had been absent from the dinner for most of that evening.
In some cases the Portuguese stories became the next day’s British stories and the Portuguese journalists,
seeing this apparent corroboration of their own work, would then report the stories again with an additional layer of speculation.
In this way O’Brien went from innocent holidaymaker to prime suspect facing imminent arrest in less than a week.
He had driven Madeleine’s body to the coast to be disposed of, went the terrible fantasy. One morning the
media descended on his Exeter home in the belief that he was about to be arrested. Not only was he not about to be arrested,
the whole thing was an invention– based, it appears, on leaks to Sol from the PJ.
Was it possible, in some bizarre circle of fate, that the PJ had started to believe the exaggerations of the local
press and decided that Gerry and Kate were not so innocent after all? In early August a Portuguese newspaper reported that
sniffer dogs brought in by British police had found traces of blood on a wall in the McCanns’ apartment. It claimed
that detectives believed that Madeleine had been killed accidentally. The blood traces are now thought to be those of a man,
not of Madeleine (although the police have issued no confirmation either way).
After weeks of the McCanns’ publicity drive there was a drought of hard evidence and a flood of speculation
about every suspected new twist.
The lawyer for Murat upped the ante by criticising the McCanns' "strange" behaviour in leaving Madeleine alone.
Then the police acknowledged for the first time that she could be dead.
The ugly mood culminated in a Portuguese newspaper claiming outright that the McCanns had killed their daughter
with an overdose of a sedative. Stunned, the McCanns, who had already decided to start winding down their media campaign,
said they would sue for libel.
Last week the results of forensic tests conducted in Britain were passed to the Portuguese police. Newspapers reported
that Madeleine’s "blood" had been found in the McCanns' hire car - rented 25 days after Madeleine had vanished. But
it is not clear whether it was blood or some other substance, how much was found, where it was found - or indeed how it was
found.
The car has remained in Portugal - bizarrely, it was returned to the McCanns after it was examined and they are
still using it - and the tests were done in England.
Could Gerry or Kate, or both of them, have killed their daughter and later disposed of her remains using the car?
The scenario has to be considered - if only because there have been previous cases of apparently grief-stricken parents turning
out to be killers.
A forensic psychologist suggests it is unlikely that the McCanns could have kept up their united front for four
months in the face of such attention if they were guilty.
"It is very difficult for two people to lie over a death, however that death occurred, whether it was accidental
or deliberate," said Mike Berry, senior lecturer in forensic psychology at Manchester Metropolitan University. "I cannot see
two parents lying and lying consistently."
A friend of the McCanns makes a more practical point: "Where would they have hidden the body for three weeks in
front of the world’s press?"
In the meantime it is day 129, Madeleine is still missing and, as her parents keep reminding anyone who will listen,
there is someone out there who knows.
