PJ Files: The McCanns' Statements

Kate refuses to answer 48 questions at her arguida interview

"Kate will answer every question put to her – she has nothing to hide."

Justine McGuinness - 06 September 2007

"I spoke to Kate at about, errm... half eleven, eleven to half past last night."

"What did she say to you?"

"Errm... she just told me that she was alright, errm... and she sounded quite strong. Errm... she had fought her corner in her interview with the police yesterday, errm... and I think, errm... I felt quite proud that she'd been able to do this knowing how distraught she is at Madeleine's disappearance... "

Susan Healy - 08 September 2007

Gerry McCann's witness statement: 04 May 2007

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

Processos Vol I, 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.

Kate McCann's witness statement: 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.

Kate's Diary, 04 May 2007

FRIDAY, MAY 4: No sleep, Gerry and I started looking through the streets around 06.00 as it was starting to get light. Nobody around. Why not? Desperate.

Minutes seem like hours. Outside of the apartments masses of people asking questions about that night and for descriptions of Madeleine. Long day.

(Then Kate, Gerrry and their seven friends were taken to the Policia Judiciaria, or PJ, headquarters in nearby Portimao to give statements.)

Nobody from the police introduced themselves. Nobody offered us a drink or food. All the police dressed informally and smoking. No sympathy was shown and far from inspiring.

I believe my statement would have been around 15.00 and such. They allowed G (Gerry) to come in with me but seated behind me. Translator present.

The police officer who took us by car to the station was the one asking the questions and afterwards typed the answers on a typewriter. Morose.

We left the police station around 7.30pm to 8pm. After 15 minutes we received a call from the PJ saying we had to go back but they didn't tell us why. We turned around and flew back at around 200 kilometres an hour. Once again frightening. Did they find her? Please God. Is she dead? Prayers. We arrived—they showed us a photo of a girl they'd forgotten to show us from the close circuit TV footage. Not M. Devastating.

The McCanns and Tapas group's prepared timeline, type-written and presented to the PJ on 10 May 2007

Sequence of Events: Thursday 3rd May 2007 - 2030 to 2200

As recalled by:

Gerry McCann - 5A

Kate McCann - 5A

David Payne - 5H (First floor)

Fiona Payne - 5H (First floor)

Dianne Webster - 5H (First floor)

Jane Tanner - 5D

Russell O'Brien - 5D

Matthew Oldfield - 5B

Rachael Oldfield - 5B

Times shown are approximate, but accurate to the best of our knowledge.

Prior to 2030, all couples and children were in their apartments preparing for bedtime.
- 5A (Madeleine, Amelie and Sean McCann)
- 5B (Grace Oldfield)
- 5D (Ella and Evie O'Brien) and
- 5H (Lily and Scarlett Payne)

2030: Standard booking for meal at Tapas restaurant for group – same all week (Sun–Thur)

2035: Gerry McCann (GM) and Kate McCann (KC) arrive at table at Tapas Restaurant.

2040: Jane Tanner (JT) arrives, followed shortly by Matthew Oldfield (MO) and Rachael Mampilly Oldfield (RMO).

2045: Russell O'Brien (RJO) arrives at table.

2055: MO returns to apartments to check on ground floor flats, passing David Payne (DP) and Fiona Payne (FP) and her mother Dianne Webster (DW) on their way down to the table.

2057: MO listens outside all ground floor flats’ windows on the car park side of the apartment (5A, 5B and 5D) to make sure they were asleep. At this time, all the shutters were down on each window.

2100: MO return to the table. Starters were ordered.

2105: GM returns to his flat (5A) and enters via the patio gate entrance. This and a child gate at the top of the stairs were closed at the time. He enters the flat via the patio door which is closed but unlocked.

The door is slightly ajar (about 45 degrees) which is unusual. All the 3 children were present and asleep. GM believes the shutter was down. The room in which the children are asleep is completely dark. On leaving the room, GM shuts the door to approximately 5 degrees. He then goes to the toilet to urinate.

2115: JT leaves table, and sees GM talking with fellow resident ("Jez" Wilkins) outside the patio gate of 5A. The two were standing just up the hill from the gate towards Rua A. da Silva Road. She did not speak to GM as she passed.

As JT continued up the hill towards the junction with Rua A. da Silva, she sees a man carrying a child in his arms crossing left to right from the apartment side continuing east along Rua A. da Silva in the direction of the "Millennium restaurant." He was on the same side of the road as JT 5-10 metres ahead of her.

Description of Man:

- Age 35 to 40.
- 1.7m tall approximately with a slim build.
- Good head of dark glossy hair with possible flick of hair to the right. The hair was longer at the back (i.e. not clippered or shaven).
- The central and the left side of the face were not seen
- Full length trousers, casual, the material hanging without creases. The colour was possibly a browny mustard. They were not jeans.
- Long sleeved jacket, fastened at the front, possibly by a zipper. It had a gathered lower hem and was also possibly brownish in colour.
- Shoes may have been a semi-formal brogue.
- Whether he was wearing gloves or not could not be ascertained.
- He was not wearing a rucksack or any other identifiable objects.
- He was only carrying a child, with the head against the left upper chest away from JT and the feet to the right – i.e. cradling the child like a baby.
- He appeared to be walking in a rush to get somewhere.
- He was not someone JT recognised from the week.
- He was not dressed typically for a "tourist," or at least his clothing did not seem to be of UK origin and may have been purchased in Portugal.

Description of Child:

- The child appeared to be a Caucasian girl about the ages of 3-4.
- She was seen to lie motionless/limp in the man's arms consistent with her sleeping or possibly drugged.
- She did not seem to be wrapped up well for the time of night wearing only pyjamas; the trousers were light coloured with a floral element, possibly with turn-ups. The top was not well seen though there was thought to be another colour involved possibly pink.
- She was not wearing shoes.

JT checked only 5D entering via the deadlocked door on the car park side of the apartment. Both children inside were asleep. She did not check 5A or 5B.

2120: JT then returns to the restaurant, by which time GM has also returned. The entire party then begins eating their starters which have arrived.

2125: After starters, MO and RJO go back to the apartments via the car park entrance to check all flats. They go first to 5D where RJO's daughter Evie is heard crying. RJO enters flat, whilst MO checks inside 5B, and then returns to 5D.

2130: RJO remains in 5D as daughter has vomited. MO goes to check on 5A via the patio gate entrance. The outside gate is probably shut, but the child gate on the stairs up to the patio is possibly open. The patio door is closed but unlocked.

MO enters flat, hears a sound in the children's bedroom that is probably one of the twins rolling over in their cot. He does not enter the bedroom but can see through a now quite open door (greater than 45 degrees) into the room.
He sees the two twins in their cot, but does not check Madeleine formally as no sounds and twins asleep. He recalls the room did seem lighter than expected, perhaps suggesting the shutter had been raised or the curtains opened?

2135: MO returns to restaurant table, by which time main courses are arriving or being eaten. MO tells JT that Evie unwell.

2140: JT returns to 5D to take over care of Evie from RJO.

2145: RJO returns to table to eat main course leaving JT in 5D.

2155: RMO asked time at table. RJO's main course arrives.

22.00: (approx): KM leaves table to check children in 5A. The patio gate is closed and the child gate is also probably closed. She enters through the closed patio entrance, with the curtains closed. She crosses the living area, and there is no noise from the children's bedroom. She is about to leave, when she notices the bedroom door was open (approximately 60 degrees).
She starts to close it and it slams. Considering the patio doors had caused a draft, she checks these doors but they are closed. KM returns to the bedroom and opens the door to check the children were not disturbed by the noise.
At this point, she notices that Madeleine is missing. She checks the other single bed in the room and also Kate and Gerry's beds. Then she double checks that Madeleine was not in her bedroom again. At this point she notices the curtains blowing forward with a gust of wind. She runs over, pulls open the curtains and notices the shutter was completely raised, and the windows pushed open to the left as far as possible.

She then completes a check of the bathroom, kitchen and wardrobes.

On failing to find Madeleine, she runs to the entrance of the restaurant, shouting from the path leading to the restaurant area raising the alarm that Madeleine was missing.

Gerry McCann's witness statement: 10 May 2007

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

Processos Vol I, 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.

Kate McCann's witness statement: 06 September 2007

Witness statement of Kate Marie Healy, on the 6th of September 2007, at 3 p.m.

Processos Vol X, pages 2359-2548
Location: CID Portimão

Comes to the process as an assistant.

Of British nationality, the assistant cannot speak or write Portuguese, therefore an interpreter is present, Armanda Duarte Salbany Russell, chosen by the assistant from a list provided by the Consulate.

Also present is Dr. Carlos Pinto de Abreu, attorney.

The assistant confirms the full contents of her statement given to this police force on the 4th of May 2007, the day following the events under investigation.

When asked about the 1st of May 2007, a holiday, she says that on that day they left the apartment around 8:30PM, the same time that was repeated every night. That time was scheduled at the restaurant as the start of dinner, except on Saturday, the day of arrival, when they had dinner at the Milénio restaurant. On that day, May 1, the children were asleep, as she put them to bed at around 7:15/7:30 and was sure they were sleeping.

They arrived at the Tapas at around 8:31, taking the direct route, i.e. left by the balcony door, went down to the road and entered the resort’s secondary reception. As they left by the balcony door, this door remained closed but not locked, as this is only possible from the inside. The curtains were closed.

When they arrived at the Tapas, she thinks that nobody from the group was there, but is not sure.

During dinner, every half hour they went to the apartment to check on the children. This was done by the deponent and by Gerry. She does not remember if on this night any of their friends went to the apartment. She states that Russell was not present during dinner, so his wife Jane, or somebody else took his dinner to the apartment. The reason for his absence was that their youngest daughter was sick.

When asked, the assistant said that dinner ended at around 11 p.m., and together with Gerry, she left for the apartment.

She thinks they went to the flat four times, one every half hour: Gerry twice and herself twice, at around 9, 9:30, 10, and 10:30 p.m.

When asked about the fact her daughter had been crying on Tuesday night for one hour and 15 minutes, between 10:30 and 11:45 p.m., she says that is not true. She says that on that night, after midnight, Madeleine went to their room and said that her sister Amelie was crying, so she stayed to sleep with her and Gerry in their bedroom. She says that before Madeleine appeared in her bedroom, she had already heard Amelie crying, however she did not go to the room, as Madeleine came into the room almost at the same time she heard the crying. She does not remember if afterwards she, or Gerry, went to the children’s room, however she asserts that Amelie cried for a short time.

When asked, she says that on that night the twins slept in the bedroom where Madeleine slept, each in their own cot.

When questioned about the apartment’s layout, she said that on the first day the moved the furniture: they moved the two cots out of their bedroom and put them in the other one, where the children were to sleep, after they pushed the two single beds in that bedroom apart. They also pushed the two single beds in their bedroom together. She presumes that the cots, when in their bedroom, were at the beds’ bottom.

She mentions that when she arrived there not two, but three cots, in the same spot, and she believes that one was lent to the Payne family.

When shown a diagram of the room (attached), she said the cots were located at point A, chair B at point C, and the cots in Madeleine’s bedroom were placed horizontally, not vertically.

When asked, she said that the cleaning, which was provided by the resort, took place on Monday and Wednesday. Thus she mentions once more that she never altered the above described disposition, which means it is not true that at any one moment in time a cot was in the deponent’s bedroom and the other one in MADELEINE’S bedroom.

She asserts that after the day they arrived, April 28, this was the layout of the furniture and this was not altered during the following days.

When asked if she ever slept in Madeleine’s bedroom, she says that such happened on the Wednesday, because she was annoyed with Gerry. He ignored her after dinner when they went to the Tapas bar, which only happened that day. She decided to retaliate by sleeping in the other bedroom, in the bed under the window. She doesn’t know if Gerry noticed this because he was sleeping when she left, and if in fact her husband was aware of this, he made no comment.

Regarding this night she said that none of the children cried, which she would have noticed as she was in the room. Regarding the fact that on the next morning, Thursday, during breakfast, Madeleine said to both of them that she had been crying and that nobody had come to her room, she presumes that this crying must have been before she and Gerry returned to the apartment. When she asked Madeleine about this however, the child gave no importance to the matter. On that night they also checked on the children every half hour; however she thinks that 45 minutes had gone by from the time of the last check to when they arrived, as exceptionally they went to the Tapas’ bar. On this day she thinks that Gerry arrived at the apartment around 23:50 and she arrived 5 minutes later. She went to sleep in Madeleine’s room 15/20 minutes later. Before this she spent a few minutes in her bed next to Gerry.

From reading her previous statement, mainly lines 34-40 it can be understood that on the Wednesday night she slept in the couple’s bedroom, but that did not happen since she slept in Madeleine’s room.

When asked if Madeleine slept in their room, she says yes, as mentioned, on the Tuesday night.

When asked about the sleeping schedule for her children, she says that in England Madeleine slept in a room by herself and the twins slept in another room. At home the twins go to bed between 7 and 7.30 p.m., Madeleine half an hour later. During the holidays, namely in Portugal, the three children went to bed at 7:30 p.m. When asked, she says that during the holidays it is relatively easy to put the three children to sleep because they had not slept during the day and were tired after the day’s activities. When on holiday the twins and Madeleine normally went to sleep at the same time. They never left the apartment for dinner unless the three were actually asleep. Normally when they left the apartment the three children had been asleep for around 1 hour. With the exception of what has been described above, during the holidays, she does not remember any of the children awakening during the night. However, in England, Madeleine sometimes woke up during the night, later, at around 2 – 2:30 a.m., and went to her parents. During the holidays it was normal for the children to awake at around 7:30/8:00 a.m., while in England, at home, they would normally wake up between 7 and 7:30 a.m.

When questioned about a British custom of having a behaviour chart for the children, she says that she has several notes about Madeleine because she would get up during the night with some regularity. This situation dates back to April 2006 up to Christmas time of that same year, when she stopped having this problem. These notes correspond to the stars given on the nights that Madeleine did not get up and go to her parents’ bedroom. When she had 20 stars she got a present and if she woke up at night and did not stay in her bed, she did not get a star.

When questioned, she said that during these holidays Madeleine usually slept clutching a soft toy, a pink cat, and sometimes also wrapped in a pink blanket. Sometimes she slept on top of the bedcover and at other times she was covered with it. When shown a photo of Madeleine’s bedroom and bed, she recognizes the soft toy and the blanket of the same colour.

The interview was interrupted at 5 p.m. for a rest period, and recommenced at 5:15 p.m.

On the 3rd of May they all woke up between 7.30 and 8.00 a.m.; she doesn’t know who woke up first. They washed the children and had breakfast at the apartment between 08:00 and 08:30 a.m. Food was bought by her and GERRY at the “Baptista” supermarket. She refers that the stay included breakfast at the Milénio restaurant, but as it was too far away they’d decided to have breakfast at the apartment. During breakfast the “crying episode”, already described, took place. She noticed a stain, supposedly of tea, on Madeleine’s pyjama top, which she washed a little later that same morning. She hung it out to dry on a small stand, and it was dry by the afternoon. Madeleine sometimes drank tea; nevertheless the stain did not appear during breakfast, maybe it happened another day, as Madeleine did not have tea the previous night and the stain was dry.

After breakfast they got dressed and left the apartment through the main door. All children went walking. The balcony door was closed and locked; she doesn’t know whether the main door was locked or unlocked.

After leaving the apartment they left the twins at the crèche next to the Tapas; at the same time she supposes that Gerry took Madeleine to the crèche next to the 24-hour reception area.

Once the children were delivered, they went to the tennis courts for a scheduled tennis lesson. Kate’s group lesson was at 9:15, Gerry’s an hour later. She doesn’t know what Gerry did during that free hour; she presumes he went to the apartment. When her lesson ended at 10:15, she went to the recreation area next to the swimming pool to talk to Russell until Gerry’s lesson was over. Afterwards, she is not sure, they went back together to the apartment until close to 12:15 when she went to Madeleine’s crèche to pick her up, together with Fiona Payne. She signed the crèche's register and went to the twins’ crèche with the intention of picking them up, she thinks that she met Gerry there, not knowing if he already had the twins with him. Together with the three children they went to the apartment for lunch, with food bought at the supermarket. This would be around 12:35/12:40. They ate sandwiches, mainly the deponent and Gerry, and the children maybe ate pasta. Lunch lasted around 20 minutes. After finishing lunch they stayed for a while at the apartment, then they went to the recreation area next to the pool, as the children were somewhat restless, maybe tired and bored. They remained at this area for about an hour, maybe more, then they left the twins at the crèche next to the Tapas and both of them took Madeleine to the other crèche. They went via a path in front of the small reception and then through a garden area and stairs, taking a short cut. This route was indicated to her by Gerry.

After leaving Madeleine at around 2:50 p.m., they both had, once more, a tennis lesson, this time an individual one just for the two of them, so they started playing a few balls at that time, given the fact that the court was empty.

She doesn’t remember if they were already wearing appropriate clothes or if they went to the apartment to change.

The lesson ended an hour later, at around 4:30 p.m. Gerry continued playing tennis with a guest called JULIAN who belonged to his tennis group, while she went for a jog along the beach, for around half an hour. During that period she saw the rest of the group, children and grownups; she was disappointed as nobody had told her that they were going to the beach and Madeleine surely would have loved to have gone with them. She cannot confirm whether she went to the apartment between the tennis game and the jog.

When she finished jogging, at around 5:20/5:30 p.m., she went to the Tapas area. Gerry was there, as well as the twins and Madeleine who were having dinner at separate tables. Madeleine had been taken to the area by the nannies. Her parents were required to sign the register when the meal was over, at around 5.30 p.m.. During the meal Kate asked Madeleine if she was sad because the other children in the group had gone to the beach without her; she replied that she wasn’t, but was rather tired. She asked Kate to carry her back to the apartment. Kate agreed, and Gerry led the twins back to the apartment, as well. Tiredness was due to the intense daily activities, not to any sickness.

They arrived at the apartment at around 5:40 p.m., earlier than usual, because Madeleine was tired, their other friends were at the beach and Gerry had an all-male tennis game at 6:00 p.m. At the apartment they both bathed the children, and close to 6:00 p.m. Gerry went to the tennis courts, right after the children had finished their bath. They entered the apartment by the main door, with the key. She does not know if it was locked, and presumes it was Gerry who opened it. At lunch time they also entered through the same door.

After the children’s bath, already alone, she put pyjamas and nappies on the twins, and gave them each a glass of milk and biscuits. Before bathing the children and because it was early, they had thought of taking them to the recreation area, but then decided against this because of tiredness.

While the children were eating and looking at some books, Kate had a shower which lasted around 5 minutes. After showering, at around 6:30/6:40 p.m. and while she was getting dry, she heard somebody knocking at the balcony door. She wrapped herself in a towel and went to see who was at the balcony door. This door was closed but not locked as Gerry had left through this door. She saw that it was David Payne, because he called out and had opened the door slightly. David’s visit was to help her to take the children to the recreation area. When David returned from the beach he was with Gerry at the tennis courts, and it was Gerry who asked him to help Kate with taking the children to the recreation area, which had been arranged but did not take place. David was at the apartment for around 30 seconds, he didn’t even actually enter the flat, he remained at the balcony door. According to her he then left for the tennis courts where Gerry was. The time was around 6:30-6:40 p.m.

After David left, Kate dressed and sat with the children, Madeleine on her lap. She was wearing a top, she doesn’t remember what colour it was, a green long-sleeved t-shirt, blue denim trousers. Sports shoes and white socks.

She read a story to the children in the living room, on the sofa in front of the balcony door, identified on the diagram with the letter D. At 7:00 p.m. Gerry arrived and entered through the balcony door. He sat on the sofa identified with letter E. She doesn’t know if the story was finished, but thinks she was still sitting on the sofa.

She doesn’t remember having changed the layout of the furniture in the living room, the sofas, the table or others. She says that the sofa (letter E) supposedly was against the side window, because she doesn’t remember anyone having gone behind it. She does not know if this window was open or closed, she does not remember it ever being open, or looking through the window.

After Gerry arrived the children went to brush their teeth and she then read them another story, this time all four of them sitting on Madeleine’s bed. She thinks that Gerry entered the room, but does not recall him sitting on the bed. During the story Madeleine was lying on the pillow, but alert and paying attention to the story. Afterwards both twins kissed Madeleine, she thinks that Gerry was in the room, and each one of them, the deponent and Gerry, placed a twin in its cot at the same time, between Madeleine’s bed and the bed under the window. They also kissed Madeleine, who was already lying down. She was under the covers, she thinks, because it was a bit cold. She normally clutched the soft toy and if she wasn’t holding it then it was next to her, on the left. She remained lying down on her left side, with the soft toy and a pink blanket, which she thinks was covering her. The twins were laid down on their backs, covered with open weave blankets. She says that she doesn’t know if the children were in the same positions when they left the apartment.

It was around 7:15 p.m. when they put the children to bed and checked they were sleeping, she is sure of this.

As the children were asleep, she dried her hair and put on make up. Gerry maybe had a shower and they sat on one of the sofas in the living room, she doesn’t know which one. She had a glass of wine, poured by Gerry, and he had wine or beer. The wine was from New Zealand, white.

Gerry was wearing blue denim trousers and sports shoes. She doesn’t remember what else he was wearing.

They talked while they drank, until they left for the Tapas restaurant at around 8.30-8.35 p.m. Before leaving they checked on the children, she doesn’t know who; however Gerry says it was him. She only knows the children were quiet. She doesn’t know if they were in their same positions. She says she is sure that they were asleep, because Gerry told her so and all was quiet.

They left through the balcony door, which they left closed but not locked. Main door was closed but not locked. She thinks it could be opened from the inside but not from the outside. She thinks that before she left she put on a cream coloured polar fleece with a zipper, and on top a blue raincoat, also with a zipper. Concerning Gerry, she doesn’t know if he put on any other clothing items.

Concerning objects, she says they took their mobile phones with them, and Gerry might also have taken his wallet with money. Not sure if they took a camera.

Regarding the apartment, and as far as windows are concerned, she said they were closed but she doesn’t know if they were locked. The balcony window was closed but not locked, curtains closed. The second window in the living room was probably closed, she never used it and does not know if the shutters were closed. The kitchen window was probably closed but with the shutters open as there was light in the kitchen.

The window to Madeleine’s bedroom remained closed, but she doesn’t know if it was locked, shutters and curtains drawn, and that was how it remained since the first day, night and day. She never opened it. If somebody saw the window shutters in Madeleine’s room open, it was not the deponent who opened them, and she never saw them open.

The window in the deponent’s bedroom was closed and she knows they use the shutters, even because Gerry broke them and they were repaired on the Monday; the incident would have taken place on Sunday.

When asked, she said that before they left she took some precautions, namely placed the medicine inside a bag with a clasp in her room inside the wardrobe or the dresser. These were Calpol (paracetamol) and Nurofen (ibuprofen), for fevers and pains, both for adults and children (packages in liquid for the children). In this bag there was also a small pair of scissors. In the kitchen were cutting items that were used to prepare the meals and which were not put out of sight. During their trips it was normal for them to take these medicines. During these holidays she never gave any medicine to her children, nor did Gerry. She now says that Gerry also took medicine for acidity called Losec (omeprozole) which they also possessed.

The interview was interrupted at around 8 p.m. for a brief rest period and food; it was recommenced at 10:00 p.m.

Back to the description, the deponent says that on the 3rd they left the apartment leaving the children sleeping. Knowing that Madeleine sometimes woke and got up, she did not worry about leaving her alone, because when this happened, and it wasn’t always, it was around 2 – 3 a.m., at which time they would be back in the apartment already.

They left the apartment between 8:30-8:35 p.m., and headed straight for the Tapas where they arrived 1 minute later maximum. None of the group were at the Tapas because they were usually the first to arrive, but she isn’t sure this was the case every night. There was a couple there who they knew, Steve and Carolyn Carpenter, who belonged to Gerry’s tennis group. They talked with them for a few moments before sitting down. Meanwhile, while they talked to the Carpenters, the rest of their group arrived and sat down at a round table, where they sat every day. Order of arrival: Kate and Gerry first, then Jane, she thinks on her own, then Mathew and Rachel, then Russell, she thinks, and right afterwards David, Fiona and Diane. She makes a sketch of the table and says that both she and Gerry were not facing the apartments. Sketch attached.

Dinner began around 9 p.m., and she thinks the nine adults were at the table. She ate steak and maybe sardines. She drank white wine and water.

She doesn’t know if anyone took any photographs that night, however she thinks that Rachel took photos on one of the nights. When asked, she said that Fiona also took some photos but she thinks it was probably on another night. She doesn’t know whether Fiona had a camera with her that night. She remembers hearing a comment that night about a camera being forgotten, but she doesn’t know who said this or who the camera belonged to.

Concerning the checks on the children, she said that Gerry was the first one to check on the children, this was decided on the spot, at around 9-9:05 p.m. He got up from the table and entered the apartment through the balcony door. He came back to the table ten minutes later; he implied that the children were asleep and that he’d met a tennis friend by the name of Jez, with whom he had a chat. During this check, she thinks that Gerry did not check on the children of any other couple, because it was usual just to check on their own children. She never checked on any other child, other than her own.

At 9:30 p.m. she got up to go and check on her children at the same time as Mathew, who said he was going to check on his daughter Grace in apartment 5B, and could check on her children. She hesitated, however he said not to worry as he was going anyway.

After less than ten minutes Mathew returned to the Tapas, saying all was quiet. At that time she did not ask him if he went inside the apartment, however she assumed he had checked on her children, entering through the balcony door which was closed but not locked.

Apart from Matt, she does not remember if anyone else got up from the table.

At 10 p.m. she got up from the table, as it was her turn after having been replaced by Matt. She entered the apartment by the balcony door which was closed, but as already said, not locked.

At this moment, and because it is late, 11 p.m., the interview was interrupted and will be continued on the next morning.

She says nothing further. Reads, confirms, ratifies and signs, as do the interpreter and the defence lawyer.

Kate McCann's arguida statement: 07 September 2007

Arguido questioning of Kate Marie Healy, on the 7th of September 2007, at 11 a.m.

Processos Vol X, pages 2557-2561
Location: CID Portimão

Of British nationality, the arguida cannot speak or write Portuguese, therefore an interpreter is present, Armanda Duarte Salbany Russell, chosen by the arguida from a list provided by the Consulate.

The arguida's legal representative, Dr Carlos Pinto de Abreu, is also present.

She now possesses arguida status, and the rights and duties that assist her are explained to her, and she is subject to TIR ["termo de identidade e residência", the lowest coercion measure that is automatically applicable, and consists of stating one’s name and residence].

She is informed of the facts that befall her, and said that she does not wish to make a statement.

When asked, on the 3rd of May 2007, at around 10 p.m., when she entered the apartment, what she saw and what she did, where she searched, what she handled, she did not reply.

If she looked inside the couple's bedroom’s wardrobe, she said she would not reply. When shown two photographs of her bedroom's wardrobe, and requested to describe its contents, she did not reply.

When asked for the reason why the curtain behind the sofa under the side window, whose photograph was shown to her, is ruffled, she did not reply. She did not reply to the question if someone passed behind that sofa.

When asked for how long she searched inside the apartment after detecting the disappearance of her daughter Madeleine, she did not reply.

When asked why she said right away that Madeleine was abducted, she did not reply.

Presuming that Madeleine had been abducted, why she left the twins alone at home to go to the Tapas to raise the alarm, even because the supposed abductor might still be inside the apartment, she did not reply. Why she did not ask the twins right away what had happened to their sister, or why she did not asked them later on, she did not reply.

When questioned about having raised the alarm at the Tapas, what exactly she said, which words she used, she did not reply.

When asked about what happened after she raised the alarm at the Tapas, she did not reply. When asked whether she had a mobile phone with her at that moment, she did not reply. When asked why she went to alert her friends instead of shouting from the balcony, she did not reply.

When asked who contacted the authorities, she did not reply. When asked who participated in the searches, she did not reply. When asked if anyone outside of the group learned bout Madeleine’s disappearance during the following moments, she did not reply.

When asked if any neighbour had offered to help after the alarm about the disappearance, she did not reply.

When asked what the expression “we let her down” means, she did not reply.

When asked if Jane mentioned to her that she’d seen a man with a child, that night, she did not reply.

When asked how the authorities were contacted and which police force was alerted, she did not reply.

When asked, during the searches and already with the police present, in what locations Madeleine was searched for, how and in what manner, she did not reply. When asked why the twins did not wake up during that search, or when they were taken to the upper floor, she did not reply.

When asked whom she phoned after the facts, she did not reply. When asked if she phoned “Sky News”, she did not reply. When asked about the danger of phoning the media, alerting them about the abduction, which could have an effect on the abductor, she did not reply.

Questioned if they requested the presence of a priest, she did not reply.

When asked about the manner in which Madeleine’s face was divulged, if through photographs or other media, she did not reply.

When asked if it is true that during the search she remained sat on her bed inside her bedroom without moving, she did not reply.

When asked about her behaviour that night, she did not reply. And questioned about whether or not she was able to sleep, she did not reply.

When asked if before the trip to Portugal she made a comment about a bad presentiment or presages, she did not reply.

When asked about Madeleine’s behaviour, she did not reply. When asked if she suffered of any illness or took some medication, she did not reply. When asked about Madeleine’s relationship with her siblings, friends and school mates, she did not reply.

When asked about her professional life, and at how many and which hospitals she had worked, she did not reply. Being a doctor, and questioned about her speciality, she did not reply. When asked about whether she worked shifts, at the emergency room or in other services, she did not reply. If she worked every day, she did not reply. When asked if at a given moment she quit working and why, she did not reply.

When asked if it is true that her twin children have difficulty in falling asleep, that they are restless and that it upsets her, she did not reply.

When asked whether or not it is true that sometimes she felt desperate over her children’s behaviour and that it upset her very much, she did not reply.

When asked whether or not it is true that in England she considered the possibility of handing over Madeleine’s guardianship to a relative, she did not reply.

When asked if at home (in England) she gave her children medication and what kind of medication, she did not reply.

During this session, several dog inspection movies of forensic character were shown to her, where the dogs can be seen marking human cadaver odour and human blood traces, and only of human type, and the comments of the expert that headed the diligence can be heard.

After watching and after cadaver odour was signalled in her bedroom next to the wardrobe and behind the sofa that was pushed against the living room window, she said that she cannot explain more than what she has mentioned already.

Also marked, now by the human blood detection dog behind the aforementioned sofa, she said that she cannot explain more than what she has mentioned already.

With cadaver odour being signalled in the vehicle that they rented approximately one month after the disappearance, license plate 59-DA-27, she said that she cannot explain more than what she has mentioned already.

When confronted with the result of the collection of Madeleine’s DNA, whose analysis was carried out by a British lab, behind the sofa and in the vehicle’s boot, situations that were explained above, she said that she cannot explain any more that what she has mentioned already.

When asked if she had any responsibility or intervention in her daughter Madeleine’s disappearance, she did not reply.

When asked if she is aware of the fact that by not replying to the questions asked, she places the investigation, which seeks to find out what happened to her daughter, at risk, she replied yes, if that is what the investigation thinks.

When questioned if she wants to add anything, she replied negatively.

The illustrious defence lawyer is offered the opportunity to comment, he says he has nothing to argue or to request.

At around 2.30 p.m., this questioning is finished.

She says nothing further. Reads, confirms, ratifies and signs, as do the defence lawyer and the interpreter.

Gerry McCann's arguido statement: 07 September 2007

Arguido questioning of Gerald Patrick McCann, on the 7th of September 2007, at 4.05 p.m.

Processos Vol IV, pages 2569-2578
Location: CID Portimão

Of British nationality, the arguido cannot speak or write Portuguese, therefore an interpreter is present, Armanda Duarte Salbany Russell, chosen by the arguida from a list provided by the Consulate.

The arguido's legal representative, Dr Carlos Pinto de Abreu, is also present.

He now possesses arguida status, and the rights and duties that assist him are explained to him, and he is subject to TIR ["termo de identidade e residência", the lowest coercion measure that is automatically applicable, and consists of stating one’s name and residence].

He fully confirms the contents of the statements that he has previously given to this Police, on two occasions, and has nothing further to add.

After being made aware of the facts that befall him, he says that he wishes to make a statement.

When asked if he had any responsibility or participation in the disappearance of his daughter Madeleine, he peremptorily denies this.

When asked if on the night of May 1, 2007 he went to have dinner at the Tapas with Kate, he says yes. As usual they would come and check on the children every half hour, usually alternating. They arrived at the Tapas around 20:30, and then went to the apartment every half hour, until they arrived back, at around 23:00, plus or minus 10 minutes. Occasionally one of the others in the group made the check, he does not remember if this happened on the 1st. It is not true that Madeleine had been crying that night for an hour and 15 minutes, because she was not alone all that time.

When questioned, he said that on the day they arrived, April 28, they removed two cots that were in their room, and placed them in Madeleine's room. He is unable to confirm, but it could be possible, that there were 3 cots, and they asked for one to be removed.

It is not true that on a certain day they placed one cot in their room, leaving the other in Madeleine's room.

He does not know what days were scheduled for cleaning the apartment.

He now states that he also pushed the two single beds in his room together, which had been separated by a night table. He did that to transform the two beds into a double bed.

Regarding the windows, he says they were normally closed, he does not know if they were locked, with the shutters also closed. Regarding Madeleine’s window he says that he made sure the shutters worked so as to darken the room for the children.

On the day of arrival, he does not know if the shutters in Madeleine's room were open, and if they were, he closed them. He did not open them again, and does not know if somebody else did. When confronted with a testimony that states having seen the shutters to that window open after their arrival, he says that it was not him who opened them.

When asked about the window behind one of the sofas in the living room, he says that yes, he remembers the window but does not remember if the shutters were also closed.

Regarding this sofa, he remembers it was drawn against the window. He is not sure, but thinks that this sofa was probably a bit further away from the window, and he vaguely remembers pushing it back a bit, because his children threw objects behind it, namely playing cards. When asked, he does not know if any of the children was behind the sofa or passed behind this sofa.

When asked, he says that on one night, he cannot say which, Madeleine slept in his room and in his bed. He thinks it might have been shortly after their arrival at the apartment. Madeleine came to his room saying that Amelie was crying and she couldn’t sleep. He thinks that he didn’t hear the crying before, and was alerted to this by Madeleine. He does not know if it was him or his wife that comforted Amelie. That night Madeleine slept in his bed.

Concerning his wife, he says that on the Wednesday she slept in the children’s room in the bed next to the window. He doesn’t know why, but thinks it could have been because of his snoring. Also on that day, after dinner, he returned to the apartment sooner than Kate.

Regarding the episode where he spoke to David on the 3rd of May, he says that he was playing tennis at 18:30 when David appeared near the tennis court and asked him through the net if he was going to continue playing. The deponent said he didn’t know because Kate might be needing help to look after the three children, even more so because they intended to bring them to the recreation area after their showers. He thinks that David offered to check if Kate needed help, which he did, and returned minutes later. Concerning his previous statement, where he states that David returned half an hour later, at around 19:00, he says that he returned to the tennis court after half an hour, as this time frame refers to the second time he returned to the tennis court, after dressing up for the game.

When questioned, he says that Madeleine usually sleeps well at night. During the first months of her life she had some difficulties sleeping, due to feeding problems. After moving to their house in Rothley in April 2006, twice a week Madeleine woke up, left her bed and went into their room; this sometimes happened between 23:00 – 24:00 for no apparent reason, maybe because she was used to sleeping with [* blank *].

When asked about a chart highlighting the characteristics of the children, at the house in Rothley, he says that he does in fact have such an object, where several stars show the nights when Madeleine did not get up, as she was rewarded this way.

When questioned if it was therefore safe to leave Madeleine in the apartment, given the fact that she woke and got up at night, he says that this rarely happened, and then only after her parents were in bed.

When questioned about whether the couple's and the children's life was peaceful, namely regarding the work that three children can give a couple, as well as the stress this can cause, he replies that in fact since the birth of the twins their life has been very busy, and that especially during the twins' first year life was difficult. He states that since the twins were born, he and Kate have gone out in the evening only once, leaving the children with relatives. He adds that in spite of this he never saw Kate depressed as a result of too much work. He denies that Kate changed her work habits for reasons related to depression. He asserts that his wife never suggested to him that at some time she had the intention of handing Madeleine into the care of a family member.

When questioned, he says that he works at the Emergency Room of the hospital where he works every 15 days, however he is not usually called out at night, and if this happens then it is once for 4 days' prevention. Kate's specialty is general medicine, but she only works two days a week. After the birth of the twins, Kate did not work for a year, on maternity leave, and currently works part-time as mentioned above.

When questioned, he states that none of his children takes any kind of medication regularly in England.

When they travelled on holiday to Portugal they brought several medicines, namely Calpol, Nurofen, for fevers and pains, both for adults and children, Losec for gastric problems that he occasionally suffers from, and an anti-histamine called Terfenadine, for hay fever. He did not give any of these medicines or any others to the children while on holiday in Portugal.

When asked at what time he went to check on the children the night Madeleine disappeared, he recalls that this was around 21:04 according to his watch. He remembers that once inside the apartment he was surprised that the door to the children's room was slightly more open than how he had left it when he and Kate left for dinner. However, it could have been Madeleine who had opened the door after waking and getting up, eventually to go to her parents’ room. On this occasion, the three children were lying in their beds asleep, he is sure of this. Moreover, he says that with respect to Madeleine she was in the same position in which he had left her at the beginning of the night. Madeleine was lying down on her left side, completely uncovered, i.e. lying on top of the covers, with the soft toy and blanket, both pink, next to her head; he does not know if they were in the position that can be seen in the photograph attached to the files

The second person to go and check on the children should have been Kate, but Matt offered to go as he was going to check on his own daughter. When Matt returned to the restaurant the arguido asked him if all was well; Matt replied that all was quiet. The arguido is not absolutely sure, but he is under the impression that he asked Matt if he entered their apartment, to which Matt replied yes.

The third check was made by Kate at around 22:00. He does not know how long it was before Kate returned, but he does remember that shortly before she returned he was thinking of going to see what was going on, as it seemed a long time and he thought that one of children might have woken up.

He does not remember if he had taken his mobile phone to the restaurant. He is under the impression that he did not take anything with him, except maybe his wallet. He was wearing tennis shoes, blue jeans and a light brown polar top. He does not remember what Kate was wearing that night. The arguido did not take a camera and does not remember if Kate did. He does not remember if anybody in the group took any photograph that night.

He remembers that after it was known that Madeleine had disappeared he looked for her all over the apartment. He particularly remembers having looked under all the beds, inside the wardrobes in all the rooms at the same time that Kate told him she had looked everywhere already.

He remembers that at one time the lady who lived in the apartment above theirs, went onto her balcony and asked what was going on. He does not remember specifically who replied to this lady, but he remembers that somebody spoke to her, and he admits it could have been himself.

When questioned, he states that from the first moment, after the first fruitless searches, he thought that Madeleine had been abducted and it was this information that he gave to everyone to whom he spoke. He reached such a conclusion because he did not think it possible that she had gone out on her own or opened the bedroom shutters and window.

When questioned, he says that on that night he made several phone calls, namely to two sisters, a couple of Kate's uncles, his brother, or certainly sent him a message, father PAUL SEDDON who baptized Madeleine and married the deponent. When questioned, he says he did not get in touch with any media and does not know if anyone did. In the morning his family did contact the press. The deponent spoke of contacting the press, however he never did so.

When questioned he says that it was not him who requested a priest, but rather Kate, to seek spiritual help.

Regarding the disclosure of Madeleine's photograph, he says that he gave the authorities a photograph from a digital camera, and he thinks it was Russell who printed it at the main 24-hour resort reception. He made the delivery of this, or those, pictures on A4 paper to this Police, but he is absolutely certain that he never delivered any of these photographs to the GNR.

Around 19:00 this interview was interrupted for a rest period, to be recommenced at around 19:40.

When questioned if the twins woke up during the searches in the apartment, he replied negatively. When they were taken to another apartment he does not know if they woke, as he did not take them. When asked, he says that this was not normal, but he can find no reason for it happening. Yet, at that moment he thought that the twins might have been drugged by the possible abductor, even if he only mentioned this to the Police several days later. When questioned, he says he never gave his children anything to help them sleep, nor did Kate. When asked why he did not ask the twins what happened to their sister, he says that when the events took place they still did not speak fluently, which they now do, and that such is part of normal development. At that point and at this point he did not ask them because he thought that they would not have the correct perception of what had happened, in addition to thinking that they would have been sleeping.

When asked why instead of scouring the land next to the complex they remained inside the apartment, he replies that it did not happen that way. While the guests and resort workers were searching, he went to the main reception to check whether they had called the Police, and told Kate to wait inside the apartment. After returning from the reception he went back into the apartment where he stayed in the living room and in their bedroom.

When asked if he has life insurance, he says that he does, and so does Kate. The children do not have any life insurance, nor are their parents, Gerry and Kate, the beneficiaries of any insurance regarding the children.

When asked about the contents of the wardrobe in his room that can be seen in the photographs, he says that on top there is a suitcase and below a pile of dirty clothes that he cannot make out. This wardrobe was opened to look for Madeleine.

When asked if in fact they went to the apartment every half hour, he says it is true, and that this was never forged to justify absences during dinner.

When asked what the expression “we let her down” means, he says that it has to do with the fact that they were not present when Madeleine was abducted. It was Kate who first used this expression.

During this interview several films of a forensic nature showing sniffer dogs were shown to him, where they can be seen signalling human cadaver odour and also human traces of blood, and only of a human nature, as well as the comments made by the expert in charge of the procedure.

After viewing the films and after the signalling of cadaver odour in their room next to the wardrobe and behind the sofa against the window in the living room, he says that he has no comments, neither has he any explanation for this fact.

The dog that detects human blood signalled human blood behind the sofa mentioned above, as well, he says that he cannot explain this fact.

Regarding the signalling of cadaver odour in the vehicle that was rented in late May, license plate 49-DA-27, he says he cannot explain more than what he already has.

Regarding the signalling of human blood in the boot of the same vehicle, he says that he has no explanation for this fact.

When confronted with the fact that Madeleine’s DNA was collected from behind the sofa and in the boot of the vehicle, and analyzed by a British laboratory, situations that had already been described before, he says that he cannot explain.

When asked if on any occasion Madeleine was injured, he says that he has no comments.

When questioned, he said that he is the usual driver of the car. In addition to the deponent, the car was also driven by his wife Kate, his sister in law Sandy, and a cousin of Kate’s by the name of Michael.

When asked if he has anything to add, he said that he has not seen any proof that his daughter Madeleine is dead, and therefore he will continue to search for her in the hope she is alive. He knows nothing more than what has been said.

The defence lawyer said that he wishes the arguido to be asked again if Madeleine bled. To which he said it was common for Madeleine to have nosebleeds. He says that he doesn’t know if in fact his daughter bled while on holiday in Portugal, because he does not want to be influenced by the news in the Press, regarding the detection of human blood in the apartment where his daughter disappeared.

During this interview the arguido was informed of his duty to respect the secrecy of justice, as well as the consequences of not complying with it, stipulated in current law.

At around 22:50 the present interview was ended.

He said nothing further.

Reads, confirms, ratifies and signs, as do the defence lawyer and the interpreter.

Kate's fear of being locked up, 09 September 2007

Kate's fear of being locked up News of the World

09 September 2007

ANGUISHED mum Kate hugged her two-year-old twins close and said a tearful goodbye as she was called in for her SECOND tough interrogation by Portuguese cops.

She had already endured an 11-hour grilling on Thursday and feared she might not be coming home from Friday's session.

A friend revealed: "Kate was petrified that the detectives would charge her over Maddie's disappearance and keep her in prison.

"When she left for the police station on Friday she had no idea whether she'd be seeing little Sean and Amelie later that day or weeks down the line.

"So she went to see them at their crèche and said goodbye, she gave them both a big kiss and cuddle. It was a very emotional journey and her goodbye with Gerry was very personal, too.

"It wasn't so much the words he used, but the look of resilience he gave her. He was saying to her 'Don't let them get you down, we can do this.'"

Defiant

And the pal said that Kate did him proud as she remained defiant throughout the five-hour interview and even turned the tables on the officers, asking them to produce their evidence.

The source said: "Once Kate was formally named as a suspect she had the right to remain silent. But when the police started laying it on thick, she hit back and demanded to be shown what they'd got to support their theory that she and Gerry had killed Maddie then covered up the crime.

"Kate's determined not to be pushed into saying anything that isn't true.

"It was very intense but she stood her ground."

Gerry emerged from his grilling at the police station just after midnight on Friday and a family friend revealed he found the ordeal and allegations distressing.

"But he was determined not to give the police the satisfaction of seeing him break down," said the friend.

"He held firm and answered all the questions. He wasn't going to cry in front of them."

But the tears flooded out when Gerry arrived back at the family's villa in the early hours of yesterday for an emotional reunion with Kate.

The pal said: "There was an explosion of anger. They're in a state of disbelief and shock at what's happened. But they are just trying to remain focused on finding Madeleine."