PJ Files: GNR Officer Statements

José Maria Batista Roque - Statement, 07 May 2007

Processos Volume II

Pages 412 to 414

José Maria Batista Roque

Date/Time: 2007/05/07 18H45

G.N.R. Military Personnel

Concerning the issue of the process said;
. In the sequence of facts, he was with the patrol of the GNR that went to the Ocean Club Gardens establishment (situated in Para da Luz) on night of May 03, 2007, with the goal of investigating the circumstances that surrounded the disappearance of a minor, of British nationality, that was installed there temporarily, together with the rest of her more direct family – knowing these to be, the respective parents, and two siblings, twins, minors, whose name do not need to be clarified;
. Clarifies that the occurrence in question was transmitted to the above referenced patrol via radio, at time when they were located in Odiaxere;
. The patrol of which he took part, and now as a witness, went immediately to the principal reception of the aforementioned establishment, where there was encountered the father of the missing child;
. Following, this patrol went to the residence where the family of said minor was staying in the ‘Ocean Garden’ together with the father;
. At reaching the location, the two elements that made up the patrol , the current witness and his colleague, Nelson Costas, proceeded into the interior of the apartment, with the goal of investigating the contours which eventually surrounded the disappearance of that minor;
. In this sentiment, the deponent states that they searched al the dependencies of the residence and all the pieces of furniture, in order to confirm the disappearance -- effectively confirming that that she was not in the interior;
. The questioned made, the deponent states that the access to interior of the residence was accessed through a principal door- this is, a wood door which is placed facing north;
. Inside, the deponent encountered the mother and two siblings of the missing minor;
. The deponent stats that he is unable to specify if that entrance door was found open or closed when he reached the apartment during which he was taking in the facts with the witness is now clarifying;
. In the sequence of confirming the facts of the effective disappearance of that minor, he states that this has been communicated prior, for the reason of helping the Policia Judiciara;
. Urged to reveal other details that may be considered relevant to the investigation, the deponent reveals that he has no other knowledge of any elements that may help contribute to that end;
. And nothing more said, having read the statement, finds it in conformity and signs it;
. The document is duly signed by me …

Pedro Varanda, an Inspector with this Polícia Judiciária.

José Maria Batista Roque - Statement, 16 May 2007

Processos Volume V

Pages 1348 – 1349

Witness Statement

José María Batista Roque

Date: 2007 – 05 –16

Occupation: GNR Officer

He comes to the process for a second time, having made a previous statement giving details about the police intervention at the site of the events.

He has been a GNR officer since 1986, he currently works at the Lagos GNR post.

On 3rd May he was on duty at the events, he arrived at the OC at about 23.00 accompanied by Officer Costa. They were the first to arrive on the scene.

They went to the reception of the OC resort.

At that moment the girl’s father arrived at the reception who informed them of the situation.

After hearing what had happened he went to the exact site the girl had disappeared from accompanied by his colleague, Nelson Costa, the girl’s father, a woman acting as interpreter, whose surname was Ramos, and another individual, a friend of the girl’s father, whose name he does not remember.

He never spoke directly to the father or with any other persons of foreign nationality, the questions were formulated to the interpreter who acted an intermediary in the dialogue.

He remembers that inside the apartment Madeleine had disappeared from was the mother and another foreign woman, whom he assumed to be a friend of the family.

When asked, he says he never saw Murat on any of the occasions he was at the site.

No more is said. Reads, ratifies, signs.

José Maria Batista Roque - Statement, 17 October 2007

Processos Volume XII

Pages 3281 - 3284

Witness Statement

José María Batista Roque

Date: 17 – 10 - 2007

He comes to the process as a witness. He is an officer with the Lagos GNR and has worked for the Guarda for 21 years.

He confirms the integrity of his previous statements.

As regards the facts on the night of 3rd May, when he was on patrol with his colleague Costa in Odiaxere, he received a radio communication from the central telling him to go to P da L, specifically to the reception of OC resort where the father of a girl who had disappeared was. When they were on their way to this place and had reached the zone of Valverde he received another communication saying that this was a very young girl and that her father had called again. They continued on their way, now with urgency, heading for the main reception of the resort.

When they arrived, they saw the girl's father, a friend whom he cannot describe, an OC employee and a translator who was also an OC employee, named Silvia Batista.

After hearing about the circumstances of the disappearance (from the father with the help of translation) at a determined moment he thinks it was the father who told the translator that it was an abduction, at least this is how it was translated. He then went to the apartment, accompanied by his colleague, the father and friend as well as the translator. When he arrived at the apartment he saw the mother there, who opened the wooden door, now referred to as the main door. When he entered, apart from the mother, there were three individuals, one female and two male, whom he cannot identify.

Then, while his colleague remained in the hall, and the others were in the living room, the witness went through the entire apartment. He opened all the cupboards in the bedrooms, living room and kitchen and checked under the beds and inside the washing machine. He did not see the fridge.

During the search he did not find anything strange apart from the bedclothes on Madeleine's bed, which were too tidy, it appeared that she had been picked up from or had left the bed with great care. There was a mark on the sheet that appeared to be made by a child's body.

After the search, he noticed a situation that seemed unusual to him, when at a determined moment, the girl's parents kneeled down on the floor of their bedroom and placed their heads on the bed, crying. He did not notice any comments or expression from them, just crying. He says that at the main reception the father also knelt down, placing his head on the floor and crying. He did not hear the father say anything.

He never heard the parents ask to see a priest.

After the search he told his colleague to wait by the door while he went to the area around the apartments and the Tapas Restaurant. Whilst he was doing this he noticed the presence of many local people who were searching for the girl.

Meanwhile the post commander arrived at the scene and he joined him in a vehicle and travelled around the whole resort. At about 02.30 after having been replaced by two colleagues, he left the scene as the police had already arrived.

When questioned about the windows in the bedroom, he only remembers that the window in the girl's bedroom was closed with the blind raised up the space of the width of a hand. He does not remember the existence of curtains. The father indicated, through the translator, alleging that when the disappearance was discovered, the windows and blinds were open.

He says there were two children in cots placed in Madeleine's room in a transversal position to the beds. The children never woke up, were in a ventral position, they did not even move during or after the search.

He found the parents to be nervous and anxious, he did not see any tears from either of them although they produced noises identical to crying. He did not feel that this was an abduction, although this was the line indicated by the father.

As regards the sofa next to the window, he thinks, but is not sure, that it was against the wall.

He also refers to a situation when he was searching outside, near the pool, that someone from the Ocean Club whom he cannot identify, passed him a mobile phone, as a British Consulate employee who spoke in Portuguese, wanted to talk to the authorities. Upon speaking to him, he told him that the investigation and subsequent actions were under the responsibility of the PJ.

He has nothing to add.

Reads, ratifies, signs.

Nelson Filipe Pacheco da Costa - statement, 07 May 2007

Processos Volume II

Pages 417 to 419

Nelson Filipe Pacheco da Costa

Date/Time: 2007/05/07 18H45

G.N.R. Military Personnel

Concerning the issue of the process said;
. In the sequence of facts, he was with the patrol of the GNR that went to the Ocean Club Gardens establishment (situated in Para da Luz) on night of May 03, 2007, with the goal of investigating the circumstances that surrounded the disappearance of a minor, of British nationality, that was installed there temporarily, together with the rest of her more direct family – knowing these to be, the respective parents, and two siblings, twins, minors, whose name do not need to be clarified;
. Clarifies that the occurrence in question was transmitted to the above referenced patrol via radio, at time when they were located in Odiaxere;
. The patrol of which he took part, and now as a witness, went immediately to the principal reception of the aforementioned establishment, where there was encountered the father of the missing child;
. Following, this patrol went to the residence where the family of said minor was staying in the ‘Ocean Garden’ together with the father;
. At reaching the location, the two elements that made up the patrol , the current witness and his colleague, Jose Roque, proceeded into the interior of the apartment, with the goal of investigating the contours which eventually surrounded the disappearance of that minor;
. In this sentiment, the deponent states that they searched al the dependencies of the residence and all the pieces of furniture, in order to confirm the disappearance -- effectively confirming that that she was not in the interior;
. The question made, the deponent states that the access to interior of the residence was accessed through a principal door- that is, a wood door which is placed facing north;
. Inside, the deponent encountered the mother and two siblings of the missing minor;
. The deponent stats that he is unable to specify if that entrance door was found open or closed when he reached the apartment during which he was taking in the facts with the witness is now clarifying;
. In the sequence of confirming the facts of the effective disappearance of that minor, he states that this has been communicated prior, for the reason of helping the Policia Judiciara;
. States that other details that may be relevant to the investigation concerns that they were directed to a citizen, of British nationality, who made up the group of tourists together with the family, name of Jane Tanner, and who detected the presence of a suspicious movement of an individual in the immediate area above identified, in the discourse of which was seen transporting a child of an early age;
. And nothing more said, having read the statement, finds it in conformity and signs it;
. The document is duly signed by me …

Pedro Varanda, an Inspector with this Polícia Judiciária.

Nelson Filipe Pacheco da Costa - Statement, 16 May 2007

Processos Volume V

Pages 1340 – 1341

Witness Statement

Nelson Filipe Pacheco da Costa

Date: 2007-05-16

Occupation: GNR Officer

This is his second statement, in the first he gave a detailed description of police intervention at the site of the events.

He has been a GNR officer since 1994. He is a soldier, currently employed at the Lagos GNR post.

On the 3rd May he arrived at the resort in P da L at about 23.00, accompanied by officer Roque.

They went to the OC reception.

At that moment Madeleine’s father arrived at the reception and informed them of the events.

After having found out what happened, he went to the exact place Madeleine had disappeared from, accompanied by Roque, the girl’s father and a woman who was acting as interpreter, whose name he does not remember and another individual, a friend of the girl’s father, whose name he does not recall.

When asked, he says he never saw Robert Murat during any of the time he was on the scene.

No more is said. Reads, ratifies, signs.

Nelson Filipe Pacheco da Costa - Statement, 17 October 2007

Processos Volume XII

Pages 3885

Witness Statement

Nelson Filipe Pacheco da Costa

Date: 17-10-2007

He comes to the process as a witness, as an officer from the Lagos GNR, he has worked for the Guarda for 13 years.

He confirms the integrity of his previous statements.

Regarding the facts on 3rd May, when he was on patrol with his colleague Roque in the Odiaxere zone, they received a radio communication from the central, telling them to go to P da L, specifically to the OC resort reception where the father of a little girl who had gone missing was. When they were on their way to this place and in the Valverde area, they received a new communication, informing them that this was a very young child and that her father had called again. They continued on their way, now with urgency, heading for the main reception of the resort.

When they arrived they saw the girl’s father, a friend whom the witness describes as tall and blond, an OC employee and a translator who was also an OC employee, named Silvia Baptista.

After hearing about the circumstances of the disappearance (from the father with the help of translation) he does not remember whether the word abduction was mentioned, and he went in his police car, to the apartment, accompanied by the father, the friend and the translator. When he arrived at the apartment he saw that the wooden door, now referred to as the main door, was closed and he thinks someone who he cannot identify opened it. When he entered, there were other individual apart from the mother, he does not know how many but there was at least another couple present.

Then, with his colleague, he searched the apartment. He opened all the cupboards of the bedrooms, living room and kitchen and he checked under the beds and in the fridge. He did not see the washing machine. He did not see anything strange during the search and there was no sign of a break in. As regards the bed clothes of the child’s bed, he found it to have a normal disposition.

He found it notable that when they were still at the main reception, the father kneeled down, laying his head on the ground and crying, at the same time as making an expression which the witness did not understand.

After the search of the interior, his colleague went to check the area around the apartments and the Tapas Bar, while the witness remained next the apartment, just outside it. At that moment a female individual, he does not know whether she was a member of the group of friends, who was in the neighbouring apartment, said that she saw an individual carrying a child, running, and that because of the pyjamas she was wearing it could have been Madeleine. It was in these circumstances that abduction began to be talked about. He made a report about this situation and sent it to the police.

This sighting did not seem to him to be very credible, because when he asked her about the physical characteristics of the individual, she said it was very dark, however she saw the pyjamas clearly.

When asked, he said that at that time he also saw a lot of local people, who were searching for the missing girl.

Whilst he was outside he talked to the witness mentioned previously and to some residents who had not seen anything. He exchanged some words with the mother, who was crying and only asked for more police officers.

When questioned about the bedroom windows, he only remembers that blinds of the window of the girl’s bedroom were not totally closed. He does not remember about the existence of curtains or whether the window itself was closed.

He says that in the apartment there were two beds and two cots placed in Madeleine’s room, he does not remember their position. The children never woke up, he is sure, not knowing what position they were in, however he found this situation to be very strange, as a lot of noise was made.

As regards the parents, he says they were nervous and anxious, emotional. He adds that upon observing the scene it did not appear to him to be an abduction, but rather a normal disappearance where the child had left by her own means.

As regards the living room sofa, next to a curtain, he cannot be sure whether the sofa was against the wall.

He also refers to a situation at about 02 or 03.00, that the parents asked for a priest and his colleague had tried to contact one on his mobile, but did not manage to find one.

He also emphasises the situation that someone, who he cannot identify, having contacted Sky News and the Embassy that night. He does not know if were the parents.

He also notes that he saw various photographs on normal A4 paper of the girl, which had been printed at the reception, as well as other photos on photographic paper, poster type 10x15, that could not have been printed at the reception. This seemed unusual to him and he later confirmed that it was not possible for them to have been printed at the reception.

He has nothing else to add.

Reads, ratifies, signs.

Antonio Henrique da Conceição Duarte - Statement, 16 May 2007

Processos Volume V

Pages 1315 – 1317

Witness Statement

Date: 2007/05/16

Antonio Henrique da Conceição Duarte

Occupation: GNR Officer

He has been a GNR office since 1982. He holds the post of sergeant and is currently the Commander of the Lagos GNR Post.

At about 23.10/23.17 he heard from a telephone call from the Patrol Commander, Officer Roque, that there had been a disappearance at the OC resort, P da L.

Roque was on duty that day with Officer Nelson Costa.

He was told that (Roque) had already gone to main reception of the complex in Rua Direita and had met the father of the little girl who had appeared in the reception with a friend. Together with employee Silvia (service manager of the OC and who also acted as translator, the father (Gerald McCann) and the friend they went inside the apartment from which Madeleine McCann had disappeared. After Roque checked that the child was not in the apartment, he gathered information from the mother and father. He was told by the patrol, that the father had put forward a theory saying that it could have been an abduction. He was also told that there was a shutter that had been “raised”.

The witness, from the description and supposed seriousness of the facts related, ordered the immediate preservation of the scene, and said he would go to the site and communicate the facts to the PJ (this was done from the Post, he does not remember which officer did this but thinks it was Officer Patricio).

He arrived alone, in his own car at about 23.50 and went to the apartment (to the entrance hall) by means of the front door (opposite the parking area) where he found the girl’s parents, a couple and Silvia. He was told that the twins were still sleeping in the bedroom. On the patio next to the front door, was an English woman who had spoken to the patrol, and had referred to having see someone pass in the street, in a dark area, who was carrying a child. As the information had already been gathered and given his limited knowledge of English, he did not manage to talk to the woman.

At the scene, he talked directly to the patrol and to Silvia who informed him about what had been said. His hope was that the child had left the apartment alone and got lost or that someone had seen her and stayed with her temporarily.

He gave orders to the post so that they would send more officers to the scene, amongst them he remembers Officers Pimentel, Costa, Silva, Santos, Casimiro and Neto. He ordered one officer from the patrol to stay on the scene – Officer Costa. He then contacted the interim commander in Portimao, Lieutenant Bengala. He then went with Roque to several establishments that were still open and also patrolled the zone, in his car and on foot.

He had contact with several people, individually and as groups, obtaining information about the search results. He cannot say whom these people were.

Between 05.30 and 06.00 he went home, returning at 08.00.

He say he does not know Murat, and does not have the notion of having seen him before Friday 4th May at the mobile post installed at Rua Agostinho da Silva.

The first he knew about the existence of Murat was of an active individual who offered his help to translate some information/contacts with people who arrived at the mobile post, also offering to make a bridge with the OC.

He remembers that on a certain day, which he cannot specify, a journalist whom he cannot identify, informed him that amongst the Portuguese and foreign journalists at the scene, suspicion was “running” about Robert Murat. Together with Officer Sequeira he informed the PJ to transmit this information.

On the following day, in the morning, he remembers that Robert Murat arrived at the mobile post saying that he noticed the journalists’s suspicion about him and gave his mobile number and told him that he was going to discuss this with the PJ and that he was going to have “dinner”.

No more was said. Reads, ratifies and signs.

Antonio Henrique de Conceiçâo Duarte - Statement, 08 November 2007

Processos Vol XIII

Pages 3988 to 3990

Witness Statement

Date: 08/11/2007

Antonio Henrique de Conceiçâo Duarte

Comes to the process as a witness GNR officer.

He has worked at the Lagos GNR station for 7 years.

That he confirms the integrity of the previous statement he made to the PJ and has nothing to add to it.

Upon questioning, he states that he arrived at the site of the disappearance of the young girl on 3rd May of this year, about 25 to 30 minutes after the patrol.

Upon arriving at the site he was told that this was a case of abduction, this information being transmitted, he thinks, by the girl’s father. He was also informed by Silvia (head of maintenance at the resort) that the parents and friends said it was an abduction, their intention being to inform the media, and that they were in fact making phone calls to this effect.

As regards the witness who alleged to have seen an individual carrying a child, whose (the witness) name he cannot remember, he says that upon learning of this situation, she stood next to two soldiers, awaiting the arrival of police officers. He did not speak to her as he does not speak English well.

As regards the searches, he say that he did not enter the apartment, as it had already been searched, but instead remained outside. Upon arriving and finding out about the situation with his Chief Roque, he carried out a search in a GNR car of all the places the child could be, specifically in commercial establishments, swimming pools and open spaces.

After the arrival of the police, also accompanied by a member of the GNR, he continued searching, checking the beach and all the paths leading to it.

At 05.00/06.00 he left the scene, having returned a little after 07.00. He did not carry out any searches in the company of the child’s family or friends.

When questioned he replies that he remembers that the blinds of the window of the child’s room were open, but inclined (the lower part, at about a hand’s width). He does not remember if the window was open or what the state of the curtains was. He did not enter the room because he was told, he does not remember by whom, that the twins were sleeping.

He did not talk to the parents because, as he has stated previously, he does not speak English well.

By observing the scene he was unable to form an opinion whether it was an abduction or just a disappearance, although the whole area had been searched.

As concerns the photos of the child, he says that he only saw what he calls the originals, poster type 10 x 15 cm on photographic paper. He did not see any other type of photos. Upon being shown a sample, he recognises it as being identical.

When asked he say he does not know the quantity of photos, but that there was more than one. He says that of these photos, at least five, he annexed one to the document he sent to the Tribunal and another four were handed to the officers carrying out searches, which were later returned and handed to the police, in due course.

He says he does not know who handed him the photos, different from each other, two by two.

He is sure that he is the person who received them.

He states that the photos came from inside the apartment, he still cannot say who had them. When he was inside the police car, gathering identification documents from the parents, he asked someone nearby for photos, he does not know if that person was Portuguese or British. This same person entered the apartment and came out with the photos.

He does not know whether it was Silvia Baptista who gave him the photos, as she was translating the conversations, neither whether it was someone from the family or friends.

He is sure that he received them in the early morning, at about 02.00, when the police arrived, after having carried out the first search.

He has the impression he saw the girl’s father, however he cannot confirm whether he was the one to give him the photos.

He presumes he was given the photos directly, or in other words that they were not passed to him via someone else.

When questioned he says that the photos could not have been printed/revealed at the Ocean Club installations (they do not have this kind of paper). He adds that the photos produced the following day, which he observed, were printed on A4 paper, which was available at the resort.

He says no more.

Reads, ratifies and signs.

Rui Sergio Lópes Silva - Statement, 16 May 2007

Processos Volume V

Pages 1342 – 1343

Witness Statement

Date: 2007/05/16

Rui Sergio Lópes Silva

Occupation: GNR Officer

He has been a GNR officer since 2004. He is a soldier and currently works at the Lagos post.

On 3rd May it was his day off, however he was drinking coffee at the Lagos GNR bar. He does not know exactly what time this was but he was when he was in the bar with other colleagues that he heard about the events.

Together with his colleague, Santos, he immediately offered to do all that was necessary to help.

After having helped his previously mentioned colleague prepare a message to distribute the news, he left for the OC in his own car. He arrived with his colleague Santos between 00.00 and 00.01 and presented himself to the GNR post commander, Duarte.

He was immediately sent to one of the search zones, initially accompanied by the post commander.

He never entered the McCann apartment the girl disappeared from.

He only had direct contact with the couple and their friends at about 04.00 when Gerry McCann approached the GNR group of which he was a member to ask whether there was a church close by. He replied to him in English, giving the directions to a nearby church.

During the searches that he carried out on the scene until 05.00, he saw many people searching and he especially remembers two large groups of 10 – 15 people. One close to the beach and the other near to the McCann apartment block in Rua Agostinho da Silva.

He never spoke to any unknown person not was he approached by any unknown individual.

When asked about Robert Murat, he said that he did not see him on that night nor on other days when he went to the scene.

Reads, ratifies, signs.

Paolo Jorge Carvaihosa da Costa - Statement, 16 May 2007

Processos Volume V

Pages 1344 – 1345

Witness Statement

Date: 2007/05/16

Paolo Jorge Carvaihosa da Costa

Occupation: GNR Officer

He has been a GNR officer since 1996. He is a soldier and works at the Lagos GNR post.

On 3rd May when he was at home, he was contacted by the GNR post commander who asked him to go to P da L.

He arrived at the OC at 00.05 on 4th May having contacted his colleague Nelson Costa who informed him about the situation.

After having been informed he began to search the perimeter of the tourist complex. First he revised the perimeter alone and was later accompanied by Officer Pimentel. During his time on the scene he did not talk to anyone.

Neither did he enter the apartment from which Madeleine had disappeared. There many people at the scene but nobody particularly drew his attention.

When asked he said that he never saw Robert Murat in all the times he visited the scene.

He does remember however, that on a day he cannot recall, an individual who identified himself as Robert, saying that he was in P da L as a translator helping the PJ, phoned the Lagos post saying:

That some foreign women, who had already been interviewed by the police, had phoned him, telling him that there was a child crying in an apartment near to them.

No more is said. Reads, ratifies, signs.

José Carlos Leal Pimental - Statement, 16 May 2007

Processos Volume V

Pages 1346 – 1347

Witness Statement

José Carlos Leal Pimental

Date: 2007 – 05 – 16

Occupation: GNR Officer

He has been a GNR officer since 1992 and is currently stationed at the Lagos GNR post.

At about 00.00 on 4th May, he received a telephone call at his home from Officer Costa, informing him that a child had disappeared from P da L. he was also informed that the post commander had previously tried to contact him, which had been impossible as he had left his home, forgetting to take his mobile phone with him.

He immediately left for P da L in his own car and met his post commander, Sergeant Duarte who accompanied him to the site of the events in the resort in P da L. Officer Costa was on site. The witness arrived at 00.10 - 00.15.

According to orders from his superior he teamed up with Officer Costa to carry out external searches of the resort in case the girl had left the apartment and got lost nearby.

At about 04.00 AM they searched the streets, gardens, caravans, lorries, etc. As well as questioning lorry drivers in the parking area next to the “Luz Tur” building, they stopped a caravan with two English individuals, who said they lived in the Espiche area. The caravan was duly searched.

When carrying out the search of the resort area they also saw several local people helping to search. He remembers a woman named Silvia who worked at the resort.

He left for home at about 04.20.

As regards the McCann’s apartment that the girl disappeared from he was in the corridor next to the entrance when the forensic team arrived from Portimao. He never had any contact with the McCann family or friends.

When asked about Robert Murat, he says that he does not remember having seen him at dawn, having seen him during the day on 4th May in the afternoon at about 17.00- 18.00. He saw Murat pass by close to the mobile post accompanied by Officer Costa. At this time he was searching, he (RM) appeared with roll of electrical cable, that he was going to give to the mobile GNR post in the Rua Agostinho da Silva.

The witness saw him that night at about 22.30 in the Tapas restaurant. He was sitting at a table with some OC employees, including, as he recalls, Silvia responsible for maintenance at the resort.

No more is said. Reads, ratifies, signs.

Paolo Jorge Fernandes Neto - Statement, 16 May 2007

Processos Volume V

Pages 1318 – 1319

Date: 27/05/16

Witness Statement

Paolo Jorge Fernandes Neto

GNR Officer

He has been a GNR officer since 2002.

On the night of 4th May at 01.00 after having begun duty at his post, he first heard, from the Patrol Commander, Officer Casimiro, that a girl had disappeared and that he to go and join his colleagues who were there.

At about 01.05 – 01.20 they arrived at the site. They went to Sergeant Duarte, Commander of the Lagos GNR division, who was on the corner pavement between Rua Agostinho da Silva and Rua Francisco Gentil Martins, where they were informed about the disappearance of a little girl from an apartment at the OC tourist complex.

Afterwards they received a photograph of Madeleine McCann and received orders to search the whole of the Rua da Ramalhete and the access points to Quinta da Bela Vista.

They did not enter the apartment zone nor the parking area opposite.

The patrol he was a member of did not contact anyone, nor were they approached by anyone.

He saw many people, mainly British, who were helping with the searching.

At about 02.15 – 02.30 and after having helped his colleagues from the PJ who had arrived at the site, they contacted the Commander again and were told to search the area surrounding the resort.

During this search they were approached by two people, one, a Portuguese individual who worked at the Mirage Complex, who asked if they knew anything yet, and by a female who was with the individual and who participated in the conversation.

They were in the area until about 09.00 searching in coordination with GNR team members, at which time they were relieved by other officers who came on duty.

He remembers that he saw the McCann couple at about 07.00 alone in the street next to the site where they were stationed.

He did not enter the apartment where the disappearance took place.

Reads, signs, ratifies.

João Vasco da Silva Casimiro - Statement, 16 May 2007

Processos Volume V

Pages 1350 – 1351

Witness Statement

Date: 2007/05/16

Joao Vasco da Silva Casimiro

Occupation: GNR Officer

He has been a GNR officer since 1991.

He is a soldier and works at the Lagos GNR post.

On 4th May 2007 he entered into the service of the events occurred at 01.00, having received orders from the commander to go to P da L. He arrived at the OC complex at 01.10 and went to join Commander Duarte, who updated him on the situation and sent him to Rua da Ramalhete.

On the scene where he had been sent by the Commander, he began to revise the perimeter of the resort, in a police car accompanied by his colleague, Officer Neto.

During his time at the scene he did not have any contact with anyone. Neither did he enter the apartment Madeleine disappeared from.

There many people searching at the scene, nobody in particular drew his attention.

When questioned, he says that he never saw Murat on the occasions he was on the scene.

No more is said. Reads, ratifies, signs.

Armando Augusto Morais - Statement, 16 May 2007

Processos Volume V

Pages 1333 – 1334

Witness Statement

Armando Augusto Morais

Occupation: GNR Officer

He has been a GNR officer since 1982. He currently works in the Portimao Territorial Group, working within the forensics service.

On 4th May he was called at about 01.15, he arrived at the OC at about 1.55, accompanied by the officer Laçao.

They presented themselves to Sergeant Duarte from the GNR Lagos post and were informed by him of the disappearance of a small girl from the resort. There were other GNR officers present at the scene, but he does not remember their names. There were also PJ officers present.

After having established exactly where the girl had disappeared from, he was given a piece of her clothing by one of his colleagues, whose name he does not remember.

From the door of the apartment, accompanied by his dog, he walked around the entire perimeter of the resort and revised the interior of several of the apartments.

As he did not obtain any results in the area close to the resort, he extended the perimeter of the search to a distance of 1 km.

He does not remember having seen plain clothed officers at the scene.

He remembers having seen the McCann couple once, near to the door of the apartment. He did not have any dialogue with them as he does not speak English.

He says that he did not have any dialogue with anyone, limiting himself to exercising his functions, accompanied by his dog, with whom he searched.

He says that he never entered the apartment which Madeleine disappeared from, he was only in the access corridor to the apartment.

When asked, he said that he only saw Robert Murat on the second day of the searches, during the morning of 05-05-2007, near to a GNR vehicle, parked at the site.

He never spoke to Murat. He does not remember having seen Murat in the early morning of 4th May.

No more is said. Reads, ratifies, signs.

Carlos Manuel Carvalho Lacão - Statement, 16 May 2007

Processos Volume V

Pages 1335 – 1337

Witness Statement

Date: 2007-05-16

Carlos Manuel Carvalho Lacão

Occupation: GNR Officer

He has been a GNR officer since 1988. He holds the post of soldier and currently works in the Portimao Territorial Group, working within the forensics service.

On 4th May he was called at about 01h15 when he was asleep at home, requesting him to appear at the Lagos GNR post as a small girl had disappeared. After arriving at the GNR post with his colleagues Morais and two dogs (Numi and Kit), German Shepherd dogs, which made up the search team, they immediately left for P da L. They arrived at about 02h30.

When they arrived at the scene, they entered the McCanns' apartment by the front door, and entered the living room, where there were some PJ officers as well as the McCann couple. They just talked to some colleagues from the PJ and asked for a piece of clothing that Madeleine had worn or used recently. They were given a pink/orange blanket that the child had been covered with in her bed.

They began searching with the dogs from the main entrance to the apartment, having given the blanket to his dog Numi to smell and begin to search.

The route initially taken was from the front entrance door to the passageway between Blocks 4 and 5, along the corridor and then along the passage that leads past the entrance to the small reception to the resort's swimming pool. After that the whole of the area surrounding the resort was searched.

With regard to the indications transmitted by his dog Numi, he says that at the beginning he was only “a little interested”, he let the dog "get on with it" .

They finished the searches at about 07h00 AM.

His dog's speciality is patrolling (Maintenance of Public Order) although the dog also has some training in "tracking".

When they entered the apartment they did not speak to anyone, not wanting to get in the way of other GNR officers present. During the searches they only spoke to the sergeant, from the Lagos GNR post, with a GNR officer and with a security guard who was present, he does not remember what company he was from. The conversation was about whether they had found anything.

He remembers that during a brief rest period at about 04h00, Madeleine's mother asked whether there was any news and whether the roads had been blocked off.

There were some unknown people helping in the searches, especially when they arrived at the resort. Their number decreased as it got later. Between 04h00 and 07h00 basically the only people searching were the witness, his colleague and another GNR officer.

During this night as well as the following night, when he repeated the searches from 23h00 to 08h00 he did not see anyone suspicious.

He did not see Robert Murat on either of the nights. He did not search inside the apartment, just the verandas and surrounding areas.

No more is said. Reads, ratifies, signs.

Witness Statement of Antonio Freitas Silva, 09 May 2007

Processo Volume III

Pages 762 to 765

Witness Statement

Antonio Freitas Silva

Date: 2007.05.09

Location: DIC Portimao

Occupation: 1st Sergeant GNR
Location: GNR-Queluz

The deponent states that:

• He comes to the process in the role of Chief of the GNR Search and Rescue Team. He coordinated all the work carried out by the two sniffer dogs in the Luz zone and the immediate areas relating to the disappearance of the English minor Madeleine McCann from the Ocean Club.

• He remembers that on the 4th of May of the current year, around 23h00, they attempted to tentatively identify and thus reconstruct the path taken by the missing minor. They gave the dogs a Turkish bath towel which was supposedly used by the child in question. This operation was realised by two different dogs.

• That after having given the sniffer dog the towel and next to the residence of the missing girl, more specifically, next to apartment block 5A and 5, the first sniffer dog headed toward the door of that apartment. Immediately afterward, he headed in the direction of block 4, returned around block 5, and came down a road that exists between this block and the leisure area (pools, restaurants, etc). He turned right; in the direction of the aforementioned apartment and headed toward the main road. There, he crossed the street and next to the wall of block 6, turned right, and headed toward the contiguous parking area. More concretely, he headed next to a light post and sniffed the ground around that post. After this, he crossed the street again and headed toward the access zone to the restaurants and pool area, sniffing the door which was closed at that time. He again went to the parking zone, and at that point, lost the scent.

• When carrying out this operation with the second dog, he followed the same rout, took the same direction and headed toward the light post in the parking lot mentioned above. He sniffed the area and at that point appeared to have lost the scent. The only difference was that this dog did not head toward the entrance of the restaurant or the pool area.

• None of the dogs used in this search, after having been given the towel supposedly used by the child, entered into block 5 but went immediately to the street between the apartment and the leisure area. It should be taken into account that the second sniffer dog may have been conditioned by the first sniffer dog. That is to say that in the case of doubt, the second dog may have followed the second of the first.

• Taking into account the aforementioned results, he states that it can be confirmed with a certain degree of certainty that the missing child passed by that location, on that day or on a previous day. This situation can be explained by the nature of the terrain, that is, it is a small space enclosed by walls and as such lingering scents would take longer to dissipate.

• Yesterday (08/05/2007) around 23h45, this search action was repeated but this time the dogs were sent into blocks 5 and 4 of the 'Ocean Club' resort. During this operation, and given the time that had passed combined with the heat, the results that were achieved are very relative given that the dog will confirm all the odours it scents, certainly alerting to those that are most active, namely due to the fact that the apartment was occupied. It is also noted that the dog’s perception in the interior may be affected by noise.

• The initial diligence carried out with first sniffer dog, after having sniffed the towel used in the previous operation, began searching and showing interest in some doors leading to other apartments. He did not show any interest or even approach other apartments. In none of these actions did the dog give the signal to his trainer, Soldado Fernandes. It is certain however, that the dog signalled next to apartments 5J, 5H, and 4G. He showed great interest in sniffing these doors and the immediate areas. Next to door 5H there were two bags of rubbish and the odour may have distracted the dog. Outside 4G was a tray of plates, cutlery and cloth napkins that had apparently been used. This apartment is where the parents of the missing child were staying (at the time). Concerning apartment 5J, the same may have been conditioned by the presence of people in the interior or he could have sniffed an odour that needed to be confirmed.

• He states that after the search inside block 5, and whilst in the exterior, the sniffer dog took the same route on 04/05/07, being the existent road of that apartment and the leisure area (pools and restaurant) and then went to the same parking area. At that point, the scent was lost. This situation may be related to the fact that the biggest concentration of odours are in that area and due to the fact that odours are better preserved near walls and away from major winds. It is certain that upon reaching the main road and turning right is where the biggest concentration of odours exist. This is where the dog lost interest.

• The second dog was taken through the same operation and also showed interest at the door of apartment 5J. This same dog jumped on his hind paws to the parapet of the veranda and raised his head as though in search of an odour. As related above, this interest could have been the result of various factors but it is certain that in this area the scent was intense. In the exterior, the sniffer dog immediately headed to the parking area next to block 6 and there apparently lost the scent.

• I would like to clarify that a search in a bad area, where a more intense odour perceived by the sniffer dog, such as in an urban area due to the large concentration of external odours, make it possible to confuse the dog. In this situation, search activity is very difficult as is the case when some time has passed since the event in question.

• Because he is asked, he states that in relation to this, it is difficult to evaluate precisely the work of the sniffer dog. It is clear that some conditions involved in this action augment the degree of uncertainty. The signalling of the dog may only signify that they are confirming an intense odour in a zone. On the other hand, given the interest of the dog(s) in some of the apartment doorways, this could signify nothing, but could also very well mean that the dog has caught the odour. The dog did not demonstrate to its owner that it had found the scent it was searching for.

• And nothing more was said. Reads, ratifies and signs.

Witness Statement of Pedro Miguel Esteves Fernandes, 09 May 2007

Processo Volume III

Pages 785 to 788

Witness Statement

Pedro Miguel Esteves Fernandes

Date: 2007/05/09

Location: DIC Portimao

Occupation: GNR Officer

Location: GNR-Ajuda

That he comes to the process as witness and states:

• That he is part of the Dog Search Team. In this capacity he serves as a scientific trainer and works with two sniffer dogs. He was asked to bring his team to the Luz zone (Lagos) related to the disappearance of the minor from the Ocean Club.

• On the 4th of May of the current year, around 22h30, he was asked to use the dogs in conjunction with a search that attempted to retrace the steps taken by the missing minor. His role was to use the dogs' skills by allowing them to sniff a towel which had supposedly been used by the minor in question.

• That after the dogs were given this scent from the towel and near apartment 5A of block 5, the first sniffer dog headed to the door of that apartment. Immediately afterward, he turned to block 5, using a circumvented route to block 5, and came to the road between this block and the leisure area of the resort (pools, restaurant, etc), and turned to the left, or around the referred to apartment and headed to the main road. Having reached there, he crossed the road and next to a wall of block 6, crossed the road again, turned right and headed to the parking zone of the resort. More specifically, the dog went next to the light post and began smelling that location. After searching that zone, he again crossed the road and headed toward the entrance to the pool and restaurant area, and smelled the door which was closed at that hour. He turned again to the parking zone and stopped or lost the scent at this point.

• When he effected the same operation with the second dog, in general, this dog took the same route and headed to the light post and showed interest there and ended by losing the scent at this point. It should be stated that the one difference is that this second dog did not head toward the entrance to the restaurant and pool zone. But he does state that the dogs followed a 'scent trail', a signal for the animal who was working. He is certain that they were not conditioned in any direction.

• None of the dogs used in this search action, after having smelled the towel, went into block 5 but headed to the zone which gives access to the road between the apartment and the leisure area. He states it should be noted that the second dog may have been conditioned by the original path taken by the first sniffer dog as he may have smelled the first dog's path taken.

• Taking into account the aforementioned result, he states that it can be confirmed with a certain degree of certainty that the missing minor passed that location, on the day of the events or before that date. This situation can be explained by the configuration/layout of the area. That space is reduced and flanked by walls. This helps to conserve scents that may otherwise be affected by winds, etc. He would like to clarify that these sniffer dogs are more used to effecting this type of work in rural settings where there is not such a great concentration of odours.

• Yesterday (08/05/07) around 23h45, this search action was repeated but was centred on the dogs inside blocks 5 and 4 of the resort. He adds that in this type of operation, given the time that had lapsed, and with the heat that could already be felt, the results obtained may be highly relative given that the dog will confirm all the scents it comes across. It is certain the dog will react to more active scents, namely because the apartment is occupied. Also, any noise perceived by the dog in the apartment may make the dog loose interest.

• Initiating the diligence, the first sniffer dog, after having smelled the towel used in the previous operation, began searching, it being certain that next to the doors of some apartment he demonstrated major interest whilst he did not even approach others. In none of these actions did the dog give him a signal that he had caught the scent of the missing child. It is certain however, that near apartment 5J, 5H and 4G, that the dog showed major interest in smelling the doors and the immediate areas. He states that next to 5H, there were two bags of rubbish which may condition the dog. Just outside apartment 4G was a tray with plates, cutlery and cloth napkins, apparently used. It is certain that this apartment is the one where the missing child's parents were lodged (at the time). In relation to the dog's interest at doorway 5J, the same may have been conditioned by the presence of people inside the apartment.

• After completing the search in the interior of block 5, verandas and apartment access, and whilst in the exterior, the sniffer dog took the same route he had taken on 04/05/07, being the road between that apartment and the leisure area - pool sand restaurant, and headed toward the same parking area. There he lost the scent of the search. This situation may be explained by the fact that the biggest concentration of odours in that location have been preserved and protected from the winds due to the adjoining walls. When this dog got to the main road, he turned right where a large dispersion of odours existed. Here the dog lost the scent.

• The second dog was submitted to the same operation. He too showed interest in the door of apartment 5J. Here he got up on his hind paws to the parapet of the veranda and raised his head in such a way as to catch the odour. As mentioned previously, this interest may be due to various factors but it is certain that at this location the dog scented an intense odour. In the exterior, the sniffer-dog immediately took the first road, heading toward the parking area next to block 6, and there lost the scent.

• He clarifies that a search in a rural area, where a scent is much more intense is immediately noted by the sniffer dog but in an urban area, the great concentration of external odours make it possible to confuse the dog, This makes searching difficult as does the time passed between the event and the search.

• When questioned, he states that in relation to an action of this nature, it is difficult to evaluate precisely the work of the dogs, even though he is well aware what these dogs are capable of. The conditions that surrounded this search made the degree of uncertainty that much greater. The dogs may have signified or confirmed intense odours in that zone, however, they may have also merely have given a confirmation of a scent. They did not demonstrate that they had detected the odour in question.

• And nothing more was said, finds it in conformity, ratifies and signs.

Subject: Report of Searches Related to the Disappearance of Madeleine McCann, 30 November 2007

Subject: Report of Searches Related to the Disappearance of Madeleine McCann

Annex B – Report on the Sniffer Dog Search and Rescue Team

I. Methods used

The sniffer dog search and rescue team of the GNR was sent to Vila da Luz in the attempt of locating Madeleine McCann, aged four, of British nationality, who disappeared on the night of 3rd May, from apartment 5 A, Block 5 of the OC resort, the team was composed as follows:

Sargeant Silva – Dog: Timmy

Cabo (Officer) Cortez – Dog: Sacha

Cabo (Officer) Sousa – Dog: Kolly/Cookie

Cabo (Officer) Rosa – Dog: Oscar

Sold. (Soldier) Martins – Dog: Fusco

Sold. (Soldier) Fernandes – Dog: Rex/ Zarus

II Description of action

After the first three members of the team arrived at the scene, the officers gathered some information from the girl's parents about the places they tended to frequent with the children during their stay in Praia da Luz up until now, the parents replied that the only areas that their daughter would frequent since their arrival, was Praia da Luz beach, always accompanied by babysitters and resort pool area, where there was also a playground.

After this, at about 08h00 the three search and rescue sniffer dog teams (Silva with Timmy, Cortez with Sacha and Sousa with Kolly and Cookie) who had arrived at the site, began searching, leaving the resort in the direction of the beach.

During the entire morning, searches were made of the beach and rocks, from Rocha Negra to the area of Ponta da Gaviota (an approximate area of 2 km). During the morning searches were also made of the areas surrounding Praia da Luz, with a radius of about 300 metres, as well as some abandoned houses, wells and plots of land inside Praia da Luz.

After an evaluation of the situation in the field, it was decided to request two more search and rescue sniffer dogs from the GNR Queluz station, given the extent of the terrain to be searched, whilst the hypothesis that the girl could have left the apartment on foot was not discarded.

During the afternoon of 4th May, more searches were carried out around Vila da Luz and were extended to a radius of approximately 600 metres, including the surroundings of the EN125 in the stretch closed to Praia da Luz.

At about 23h00 the extra teams that had been requested for reinforcement arrived (Officer Rosa with Oscar and Officer Martins with Fusco, both from the search and rescue unit and Officer Fernandes with Rex and Zarus from the tracking team).

After the officers had been updated about facts relating to the disappearance, they tried to reconstruct the route the girl might have taken with the two tracker dogs. For this purpose the dogs were given a blanket to sniff, provided by the parents, which had been used by Madeleine.

Beginning to follow the track using Rex, from the door of apartment 5 A (the place where the girl had been sleeping) he would always head in the direction of Block 4, leaving block 5 the dog would turn to the left, pass by a metal access door to a path existing between the apartments blocks to the leisure area (restaurant, pool and playground). Immediately another attempt at reconstruction was made using the dog Zarus, who, in general terms, ended up following the same route as Rex and having the same behaviour.

It is important to state that this tracking work was carried out in an urban area and more than 24 hours after the girl's disappearance and numerous persons had passed along the path the dogs were tracking. It should also be stated that the path the dogs followed within the resort was practically totally surrounded by walls and the concentration of odours was stronger as they were protected from the wind. The searches finished at about 01h30.

On 5th May at about 08h00 after a briefing, two teams consisting of 3 dogs each accompanied by officers from Portimao, again carried out searches in the whole of the Vila da Luz area, with an approximate radius of 2 kilometres, paying special attention to the rocky areas, abandoned houses, wells, drains, road verges etc..including plots of land within Praia da Luz.

During part of the afternoon, searches were carried out in the Turiscampo camping site situated next to Espiche on the EN125 and in the Orbitur camping site next to Vila da Luz. This search operation had the objective of checking all the bungalows whose occupants had left on the day of the disappearance or on the following day as well as the adjacent areas.

During the day the searches were extended using the method of searching in file, accompanied by officers from Portimao, from the Praia da Luz area following the rocks up to Ponta da Cama da Vaca, taking in all of the northern zone to the EN125 as well as the village of Almadena, the Vale Verde zone and Quatro Estradas, some of the areas had already been searched more than once.

At about 22h00 all the vehicles parked in Vila da Luz parking spaced were checked.

On 6th May at about 08h00 and after another briefing from the Operational Command Post, it was decided that on that day they would again search all the plots of land with thick undergrowth within Praia da Luz, but that this time the search sections were divided amongst the teams. For this purpose the same teams of three dogs together with officers from Portimao who had been selected to help using the method of searching in file, carried out searches in all abandoned buildings, wells, rocks, verges of the EN125 and land surrounding Praia da Luz, in some cases reaching distances of 2 km.

On 7th May the same searches were continued, being extended to to the entire northern part of Almadena to the site of Espojeiro and the verges of the EN125 until the Boi valley.

At about 19h00 the undersigned officer, accompanied by the Commander, Officer Silva, took part in a meetings with the PJ Directorate, being asked by the PJ about the viability of giving the girl’s clothes to the dogs for the dogs to sniff again, and if by means of the odour inhaled, they would be able to mark an identical odour in one of the resort’s apartments even though its door was closed.

With regard to this task, Officer Silva referred to the fact that the time that had passed would be a crucial condition for the dogs' work in obtaining results and that the entirety of the human odours existing in the apartments and access paths could make the dogs' searches very difficult. However, in spite of not being a normal situation for tracking, it could be attempted, whilst the operation should be carried out as quickly as possible and not directed towards one but to all the apartments in the resort, it being appropriate for the handler not to know which apartment was chosen, so as not the be conditioned.

In this concrete situation, the objective would be for the dogs to carry out a discontinuous search, in other words, to sniff the girl’s clothes and immediately search near to the apartments, checking to see if there was any change in the behaviour of the dogs.

At about 23h00 accompanied by a PJ inspector, the searches were begun. After Rex was given the girl's clothing to sniff, he began to search on the ground floor of block 5 and when he passed the door of apartment 5A (the place the girl had disappeared from) according to his handler, officer Fernandes, the dog altered its behaviour, sniffing with greater intensity than he had done before. Apartment 5J of the same block was also checked as the dog had been more agitated than before as if there were a very strong strange odour there. It was stated that this apartment had been unoccupied for some time. Afterwards, the same kind of search was carried out using the dog Zarus which in general terms showed the same behaviour in the same places as Rex had done.

It was only when all the searches of the apartments in blocks 4 and 5 were complete, that the behaviour described above was registered. It is certain that this kind of work does not correspond to the area that these dogs were trained in, but given that these types of dogs manage to discriminate a specific odour from others, although it could be a remote possibility that they related the odour of the missing girl with a possible location where she could have been.

On 8th May during the morning four teams returned to search all the areas around Vila, following some indications from local people who had frequently gone to the GNR Command post saying they had seen something suspicious related to the disappearance but no sign of her presence was ever found.

During the afternoon searches along the verges of the EN125 were continued from Boi valley to Figueira and the whole northern part of Budens.

On the following days the strategy adopted was to continue to extend the perimeter of the searches to the villages of Barao de S Miguel and Burgau, Barao de S Joao, Bensafrim and Salema. Searches were carried out in all of these locations, as well as adjacent land, vegetation, abandoned houses, wells and main roads.

On 10th May at about 20h10, upon the request of the PJ, searches were carried out in all of the apartments belonging to blocks 4 and 5 of the OC, two tracker dogs and two search and rescue dogs being used for this operation, adopting the same methods as those used on 7th May, just that this time the apartments were all open and searched one by one, being accompanied by a representative from the resort, who had the keys to all the apartments (apart from those not under her administration) and also with the objective of helping with the searches. The collaboration of all the guests occupying the apartments at that time was requested for this purpose and those apartments that were found to be empty were opened by the administrator.

All the apartments were searched by the dogs and when they arrived at apartment 5J they began to sniff with intensity at the entrance door. During this behaviour it was noted by the PJ officers that there must be some unusual odour, but which with all certainty did not have anything to do with the odour being searched for, but there must have been something strange inside.

After entering the apartment, it was observed that the dour came from close to the fridge, which was open and contained some rotting meat and vegetables.

During the searches carried out in the apartments no sign of the girl was found by the dogs.

On 11th May in the morning, the team went to Odiaxere to visit a forest near the Boavista golf course. The whole forest was searched using the in file method, including some abandoned houses, wells and rail track.

After lunch the team was told that the searches were concluded but that their presence in Praia da Luz would continue to be necessary according to the requirements of the PJ for any other situations that might occur.

On 15th May three search and rescue dogs returned to Lisbon (Officer Cortes with Sacha, Officer Rosa with Oscar and Officer Martins with Fusco) considering that there was no longer any need for them.

The other dogs and their handlers remained on site until 18th May when at about 19h00 they returned to Cino/EPG as their presence was no longer require in Praia da Luz, although it was determined that if their use were required in the future, they would return.

Signed

30 November 2007

Operation Commander

Major Sequeira