McCanns could face court over report


29 October 2013
Irish Daily Mail
Gerard Couzens
Paper edition

The parents of Madeleine McCann faced further pressure yesterday after ex-police chief Goncalo Amaral hinted he may fight them in court over a key report they allegedly held back.

Gerry and Kate McCann were accused at the weekend of sidelining the 2008 report by former MI5 investigators they hired after it pinpointed ‘anomalies’ in statements they and their friends made.

The result was that e-fits of the prime suspect in Madeleine McCann’s abduction – hidden for five years in the unpublished report – were only made public this month during a new Met Police appeal.

The report said Irish holidaymaker Martin Smith’s sighting of a man carrying a girl in pyjamas near the McCann’s Algarve holiday apartment was ‘credible evidence’ which had been ‘neglected for too long.’

Mr Amaral’s lawyer said last night he was considering raising the issue in the couple’s ongoing libel trial against the former police.

The McCanns are seeking one million pounds in damages over the ex-detective’s claims in his July 2008 book The Truth of the Lie that they faked their daughter’s abduction to cover up her death in their holiday flat.

Vitor Santos de Oliveira, who is representing Mr Amaral, said: ‘We are aware of the revelations concerning this report by the McCanns’ former investigators and believe they are very important.

‘It is possible I may try to submit it as evidence to defend my client but I haven’t decided yet.

‘Nothing’s been ruled out. We are analysing the relevance of the report and considering our position. We have no intention of introducing irrelevant material into this case because we respect the McCanns as people and have no intention of harming them for sake of it,’ he said.

‘But I can tell you that if we feel something is relevant in disproving the McCanns’ claims about my client then we will have no hesitation in using it.

‘I think the revelations about the suppression of this report are very important with regards to the ongoing criminal case.

‘It’s a report written by McCann-hired investigators who make strong criticisms of the couple.

‘As far as the civil libel case is going we are very calm,’ Mr de Oliveira continued.

‘My client’s arguments in his book have been backed up in court by his former police colleagues who say it was the police position in 2008 when the book was published.’

The ongoing libel case launched by the McCanns against Mr Amaral is due to restart next Tuesday.

[ See ::  Joana Morais Blog ]
 (scroll to second article)
 
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Amaral on Wikileaks release regarding McCanns


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The moment Gerry walked into kidnap flat... after 2 years


The moment Gerry walked into kidnap flat... after 2 years
Sarah Jellema
3 May 2009
People


This is the moment Gerry McCann stepped back into the last place he saw his daughter - to reconstruct the nightmare of the evening she was snatched.

Standing outside the bedroom where he had left three-year-old Madeleine asleep, he looked anguished as he relived the events of exactly two years ago.

Gerry, 40, walked into Apartment 5a at the Ocean Club complex in Praia da Luz and said:
"We are a family and we are a happy family - but we are not a complete family.

"There is still a scar - a deep, deep scar - that is kind of knitted at the minute.

"But you still think the stitches of it might break or come loose." 
Meanwhile, Maddie's mum Kate, 41 - who did not return to the Portuguese holiday flat - said:
"I think we are far from normality.

"We need to get out there - she is alive, she is out there, she is findable.

"She might look different, she could be speaking a different language, she might have her hair different, she might have different interests. But she's still our daughter."
As brave Gerry and Kate today to mark the second anniversary of Maddie's disappearance, Channel 4 is preparing to air a TV documentary reconstructing the disappearance and spelling out how a team of British investigators have already uncovered new leads they believe will help find her captor.

More than 30,000 files released by Portuguese police after they shelved the hunt for Maddie last summer contain key witness statements about a suspicious man loitering near the McCanns' apartment.

Answer

The Cutting Edge documentary - to be screened at 9 pm on Thursday - reveals vital sightings around the Ocean Club complex in the days leading up to May 3, 2007.

Search leader Dave Edgar believes the key to the mystery lies within 10 miles of the Algarve resort.

The retired detective inspector, who has more than 30 years police experience, says:
"Someone local has the answer to this.

"This offence happened in Praia de Luz. It's a very self-contained resort and that's where we've started - and that's where I think the answer is."
The Portuguese files - which cost the McCanns £100,000 to translate into English - include a statement that seems to corroborate a sighting by Jane Tanner, one of the pals holidaying with the McCanns when their daughter went missing.

She told police she saw a man carrying a small girl near the apartment at about 9.10pm on May 3 - minutes after Gerry had last checked on Maddie.

The British investigators have now found the files show another family reported a similar sighting shortly afterwards.

The search team also uncovered statements from tourists who had spotted a suspicious-looking man near the McCanns' apartment on several dates BEFORE she went missing.

Investigators believe the reports suggest the family may have been staked out for days in the run-up to Madeleine's abduction.

Mr Edgar - who worked with witnesses and the McCanns to make the reconstruction for Cutting Edge - says:
"In my experience random just doesn't happen.

"Someone - a passer-by - doesn't go in and pick up a child and take it. These things are planned.

"So someone will have been in the vicinity of Apartment 5A.

"They may even have been watching the apartment for a week - or more." 
GP Kate and brain specialist Gerry, of Rothley, Leicestershire, reported Madeleine missing at 10 pm on the evening she vanished. They had been eating at a nearby restaurant with a group of pals - the so-called Tapas Seven - after putting Maddie and their two-year-old twins Amelie and Sean to bed.

The devastated couple have always insisted their daughter is still alive. And they have toured the world in their desperate search for some clue to her whereabouts. Last week they appeared on Oprah Winfrey's top-rated American TV chat-show.

They are also publicising a digitallyenhanced pictue to show what Maddie might look like now - as she approaches her sixth birthday. Launching the image and backing the TV reconstruction, Gerry and Kate said in a statement:
"It is two long years since Madeleine was taken.

"It is two years since we were a happy family of five.

"The pain does not lessen but our determination to find our beautiful daughter remains steadfast.

"It is our hope the reconstructed scenes will trigger somebody's memory and prompt them to come forward, giving us the key piece of the jigsaw we - and Madeleine especially - so desperately need.

"Madeleine is still missing. She has the right to be back with her family. We have a responsibility to keep looking for her. We urge you - please do not give up on Madeleine."

But their tireless crusade has been blighted by disgraced former police chief Goncalo Amaral.

Amaral was appointed head of the Portuguese hunt when Maddie first went missing.

Sleuths

But he was unceremoniously sacked after accusing British cops of being "too close" to her parents - who were later branded official suspects in the case.

Now Amaral plans to launch a private investigation into the disappearance - with the help of sleuths from across Europe, including the UK.

He has vowed to send the results of his probe to Portugal's judicial chiefs and demand the case is reopened. Amaral, who claims Maddie died in a "tragic accident" in the flat, said:
"This investigation is not aimed at finding evidence against Gerry or Kate McCann or persecuting anyone.

"We want to make sure the truth comes out and justice is done." 
Meanwhile, the McCanns are due to mark today's traumatic anniversary joining in prayers for Maddie at their local Catholic church, the Sacred Heart.

The front gates outside the couple's home are draped with green and yellow ribbons of hope.

And posters in windows throughout Rothley bear the words: "Still missing, still missed."
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The little girl died in that apartment


See The McCann Files archive:  Gonçalo Amaral - The Interviews (July '08)

"The little girl died in that apartment"
28 July 2008
As Tardes da Júlia
Gonçalo Amaral Interview
TVI
Thanks to 'astro' for transcription and translation

This is the transcript of an interview with Gonçalo Amaral, Paulo Reis and Duarte Levy, by Júlia Pinheiro, on 'As Tardes da Júlia', TVI, broadcast live on the 28th of July 2008.

Júlia Pinheiro:
The Attorney General's Office has archived the process, but everything indicates that a new stage of the Maddie case is about to begin. Gonçalo Amaral, the PJ's former coordinator has launched this book (Maddie : The Truth about the Lie) which is already here and also in my hand, where he numbers some surprising facts. He is going to be my guest today, he has not arrived yet but he will soon be here, and as these things work best with more than one accomplice, I have two journalists present to talk with me and to interrogate and talk a bit with Gonçalo Amaral. These are also two well known faces, who have been following the Maddie case in a committed and involved manner, please welcome Duarte Levy and Paulo Reis.

(applause)

Júlia Pinheiro:
Hello good afternoon! Now tell me, you have obviously read the book already.

Paulo Reis:
Yes.

Duarte Levy:
Yes.

Júlia Pinheiro:
Right away, right away.

Paulo Reis:
On the day before.

Duarte Levy:
Right on the day before.

Júlia Pinheiro:
Right on the day before. So while we wait for Gonçalo Amaral, and we're talking in his back, afterwards we will talk in front of him, what did you think? Duarte?

Duarte Levy:
There are still things that remain unsaid. I think that this book already opens a path, it already shows, clarifies a lot of things, many doubts that existed concerning the case, but I think that former inspector Gonçalo Amaral probably has a lot more to say.

Júlia Pinheiro:
So there is a certain feeling that there could be more. Is that it?

Duarte Levy:
There could be more. I think that sooner or later he will do it. The book should maybe be read twice, because there is a lot between the lines but it's a book that I strongly advise people to read.

Júlia Pinheiro:
Paulo?

Paulo Reis:
Just one detail. We read the book on the day before like so many other journalists, because the editor offered copies to the journalists that requested them on the eve of the publication. I make a very simple initial analysis that is the following. I presume that what is in the book is what is in the process. Dr Gonçalo Amaral would not make things up and include things that are not in the process. And after reading the book, I remembered the PJ's final report which led to the archiving. I went to re-read and compare both.

Júlia Pinheiro:
And what about that comparison?

Paulo Reis:
The perception that I have is that there are two perspectives, the perspective with which the PJ looks at the process' contents, in the light of what is contained in Gonçalo Amaral's book, it gives me the idea that the PJ's report focuses on what was not discovered. While the book contains what was discovered and what was not discovered. This would be almost like looking at a glass of water that is filled up to half, and saying it is half full or half empty. But I think that the PJ's report says that the glass is half empty, and Dr Gonçalo Amaral's book says that the glass is two thirds full.

Júlia Pinheiro:
And we are desperate to read the whole liquid, to drink the whole liquid, aren't we? Gonçalo Amaral could not endure us speaking about him in his back and he is already here. A round of applause for Gonçalo Amaral. Please come in?

(applause)

Júlia Pinheiro:
Good afternoon! How are you?

Gonçalo Amaral:
Good afternoon.

Júlia Pinheiro:
Please be seated.

Gonçalo Amaral:
Here?

Júlia Pinheiro:
Yes, here. I finally get to meet the man who everyone is talking about and I can't resist the first question: Are you apprehensive about the McCann couple's threats?

Gonçalo Amaral:
No. The book is based on facts and like someone told me it was written honestly, therefore it does not contain falsehoods and I'm not apprehensive.

Júlia Pinheiro:
Why do you think that they went as far as making sure that it reached Portugal, especially that sentence: "He should be very careful" the McCann couple said two days before the book was published?

Gonçalo Amaral:
I didn't hear the McCann couple say that. I heard a person who says he is a spokesman. Therefore it is not a status within the process, I think he is even a witness in the process at the moment, so that gentleman should know what he is saying.

Júlia Pinheiro:
You don't give it anything more, another value?

Gonçalo Amaral:
I have already thought about what I should do regarding that gentleman, but I'm keeping it to myself, therefore?

Júlia Pinheiro:
With Clarence Mitchell?

Gonçalo Amaral:
Exactly.

Júlia Pinheiro:
It is curious that he is one of the persons that are not mentioned in the book.

Gonçalo Amaral:
Yes because the book is about a criminal investigation of which that gentleman is not part. There may be an area, which is the journalistic area to understand the political pressure, but maybe a journalist could write about that area, even concerning the role of the media, the book doesn't focus much on that.

Júlia Pinheiro:
Yes but it also covers it.

Gonçalo Amaral:
It mentions facts, a set of facts, diligences, testimonies and scientific and documental evidence that is featured in the process. Therefore that gentleman is not part of the investigation despite all the noise that he has produced in the investigation.

Júlia Pinheiro:
Indeed and you report his entry into the process. There are so many questions that have not been clarified to this day

Gonçalo Amaral:
The investigation does not have to worry about that gentleman, does it?

Júlia Pinheiro:
Duarte Levy and Paulo, who will ask questions just like me, were saying that they were left with the feeling, may I call you Gonçalo?

Gonçalo Amaral:
Yes.

Júlia Pinheiro:
That's settled, then. They were left with the feeling that you leave a lot out of the book. And that the book does not contain everything.

Gonçalo Amaral:
Something has to be left out.

Júlia Pinheiro:
Why?

Gonçalo Amaral:
I'm a trained lawyer, I'm a lawyer, and we don't say everything, do we. It may be for a second edition of the book, it may be for certain explanations that someone wishes, therefore it's my own secret.

Júlia Pinheiro:
It's your own secret. So there is a secret? You haven't told everything?

Gonçalo Amaral:
No, but it's details, anyway.

Júlia Pinheiro:
But I get the feeling, precisely in this book, you two can join the conversation if you wish (to Duarte Levy and Paulo Reis), that in this book the details are very important, in fact, it's in the details that for people like us who follow things attentively, that this book becomes surprising. I'm going to let Paulo launch?

Paulo Reis:
A very precise, very direct question for Dr Gonçalo Amaral. Do you think that the PJ's final report, which was widely reported by the media and was even published online by Expresso newspaper. Do you think that the report faithfully reflects, does it make an accurate balance of the investigation?

Gonçalo Amaral:
Well before anything else, I want to thank you for the work that you have done since that time, the manner how you have followed the investigation and the way that you have been solidary with truth and justice.

Paulo Reis:
That is my obligation as a journalist.

Gonçalo Amaral:
You may not have done more than your obligation but I want to thank you and to thank all the journalists. Concerning that report, I have to be sincere, I haven't read it yet. I haven't had time to read it but if it is a report that led to the archiving, it cannot be faithful towards what exists in the process, so it's an imposition, I would not like to comment much further on that, but it's the position of police professionals who took it, that decision to write that report that was being very well written?

Júlia Pinheiro:
Weren't you curious to read that report? That final report from the PJ?

Gonçalo Amaral:
No, no. I haven't had time, either. I haven't had any time at all to read it. This has been a bumpy ride?

Júlia Pinheiro:
I find that absolutely impossible, I don't believe it. Have you cut all bonds with what you left behind? Have you distanced yourself emotionally from all of this?

Gonçalo Amaral:
No. I haven't cut all bonds. No.

Júlia Pinheiro:
I don't believe it!

Gonçalo Amaral:
But sincerely I haven't read the report yet. I haven't read the report, I know it's on the internet, so I will read it but I haven't read it yet.

Júlia Pinheiro:
I'm not convinced at all but say it.

Gonçalo Amaral:
But I'm telling you the truth.

Júlia Pinheiro:
Yes, Duarte?

Duarte Levy:
There is a question. We heard, a short while ago, about the existence of an investigation into your private life, yours, inspector Tavares de Almeida's private life and even Guilhermino de Encarnação's private life. Carried out by private detectives that are connected to the McCann family. And in the book, at some point you mention your dog. What happened to that dog? This is a question.

Gonçalo Amaral:
A mere coincidence, at the beginning of the investigation, the dog died. Surely nobody went there and killed him, it could have been other dogs, right.

Duarte Levy:
But during this investigation, did you never feel that maybe there was a pressure on you, on your colleagues?

Gonçalo Amaral:
The pressure was the persecution that we were subject to, but it was not much of a persecution anyway, because they didn't find out where I lived, they didn't find out outside of Portimão and not inside either, which was 100 metres from the police building that we all lived, they just followed me during those 100 metres from the police building and from the restaurant where I had lunch, so that big investigation that was done, by those journalists from English tabloids, they only managed to check 100 metres, because in fact nothing more apart from that. Concerning those gentlemen's investigation, it's the first time that I hear about that, I'm not worried. I only hope that if it is true, I hope that the entities that have responsibilities in criminal terms in this country act, because in fact it has been too much time. There is a very serious interference that started after I left Portimão, to try to carry out investigations, not only in this case but also related to the Joana case. And I think that -

Júlia Pinheiro:
In order to discredit you, to ruin your credibility, is that it?

Gonçalo Amaral:
Me and the Polícia Judiciária. I mean, they tried to question both investigations, there are things that, people came up and told me that this is for the little girls, for Joana and for Madeleine. Therefore, and they want to obtain information and things, therefore. In Portugal, criminal investigation it's well defined in the law who can carry it out, those gentlemen cannot do it and what they do here in Portugal has to be sanctioned somehow.

Júlia Pinheiro:
Obviously. Before I let Paulo speak, I would like to ask a question which I don't know whether Gonçalo will answer, but as you are not an inspector anymore and are now out of the circuit and haven't even read?

Gonçalo Amaral:
I was never an inspector. I was a coordinator? it's a matter of?

Júlia Pinheiro:
Coordinator, I apologise, but as you are not with the PJ anymore, maybe you can, we have already talked more about states of the soul, about impressions. You started shaking your head as a no, but anyway. The first contact that you had with the McCann family, father and mother, what did you think?

Gonçalo Amaral:
Well, I don't speak English, therefore the contact was made through other persons, but I had no reaction.

Júlia Pinheiro:
But did you think that you were in the presence of a genuinely worried couple, desperate to find their daughter?

Gonçalo Amaral:
I didn't make that type of judgment. In a criminal investigation, we have to base ourselves in facts, we have to be objective and leave emotions behind. The parents' situation of anguish is logical, there was anguish, now whether it was anguish over the disappearance of their daughter or over knowing that their daughter was dead, it's different and it cannot be distinguished like that. But in fact there was anguish contrary to what is being said, not in the police building but it's known that the little girl's mother cried, she apparently cried that morning, so that anguish could be over the loss of her daughter, right? Therefore if they are committed to searching, it's not normal that on the first day, the first hour, the only possible lead was abduction, abduction and it's extended into saying abduction by Portuguese paedophile networks, therefore, these conclusions are made too soon after the event, because several possibilities were open at that moment, therefore, from then onwards I also find that strange and we took it into consideration.

Júlia Pinheiro:
And later on? When you continue the investigation, you cross ways with this couple several times, did your opinion change or do you think that?

Gonçalo Amaral:
The idea that I got and that my colleagues got, things have to be put in their place, don't they, I was the coordinator of an investigation team, which included English, Portuguese, joint national directors, vice directors, this was the operational part that was being directed from Portimão, where the investigation was based. The advance that happens, is relatively changed. There is a sort of flight forward, we can understand that, it happens and possibly not only in this case, but in other cases where people sort of, I don't want to say lie, half truth, they stick to the idea that there is an abduction and they don't think about anything except abduction and psychologists and psychiatrists have already mentioned that, so it's as if they believed it was true, there is this flight forward, therefore, from that moment onwards they continue to say that they search for their daughter.

Júlia Pinheiro:
But did they change their behaviour, or did they have a more cold, more reserved attitude, more contained or more emotional?

Gonçalo Amaral:
There are situations that are reported in the book but there are others when there isn't a normal behaviour, so the person despairs during a moment of anxiety and we actually try to understand, we try, if it's an obstruction that was the issue there, if it was really a demand for ransom, and we try to negotiate with that individual who was in Holland.

Júlia Pinheiro:
That episode is particularly surprising.

Gonçalo Amaral:
And then we watch that, us Portuguese who were there...

Júlia Pinheiro:
... and the English...

Gonçalo Amaral:
... and the English, we watched it in stupefaction, he was sitting there with a lollipop laughing on the phone and we were all waiting...

Júlia Pinheiro:
We're talking about Gerry McCann, at the moment when, because someone did try a coup like that, correct? So while you were waiting for him to make contact with you?

Gonçalo Amaral:
... maybe it was his way of reacting to that tension, maybe it's justifiable but to us, we were shocked, it's not. We were searching for his daughter, doing our job.

Júlia Pinheiro:
While he visited sites on the internet...

Gonçalo Amaral:
No, he was on the phone.

Júlia Pinheiro:
Ah he was on the phone and sucking on a lollipop wasn't it and laughing and chatting?

Gonçalo Amaral:
Yes! Completely detached from what was going on and about to happen?

Júlia Pinheiro:
So that shocked you in particular?

Gonçalo Amaral:
Me and the colleagues who were present.

Júlia Pinheiro:
Very well. Paulo wanted to ask a question. Let's hear it ?

Paulo Reis:
A very specific question that stands out in your book. There are 7 witnesses, 4 friends of the McCanns, 2 English tourists that were there at the Ocean Club, and one of the nannies from the crèche who guarantee that they saw Robert Murat near the apartment on the evening that Madeleine disappeared. Robert Murat denies this, he says that he was with his mother, and then the Judiciária questions several members of the GNR, of the staff from the Ocean Club, and people who live there and who participated in the searches and who know Robert Murat perfectly because he lives there and all of those people deny those witnesses and peremptorily state that they did not see Robert Murat that night. This is the question that I ask you. Isn't it obligatory even from a legal standpoint, faced with what to me seem like false statements, that certificates are extracted and that there are legal procedures against those witnesses because they are giving a false statement?

Gonçalo Amaral:
Provided that the Public Ministry proves that they are really false statements.

Paulo Reis:
I'm aware it's a decision for the Public Ministry, I only...

Gonçalo Amaral:
I think they are. As a layer, I think they are, I have that notion that they in fact don't give a truthful testimony.

Paulo Reis:
But there is no news that those persons were targeted by a process from the Public Ministry.

Gonçalo Amaral:
In fact there is another situation with Mathew Oldfield who says he went inside the apartment and states that he saw two windows, and his wife says that moments before that, minutes earlier, he had listened at the two bedroom windows, so that detail of the two windows, which seems to be a mistake but it's not quite so, therefore, if they had been in the bedroom they would know that there was only one window in the bedroom, even outside of the bedroom if they had been listening it would only be one window as well, therefore there is only one window.

Paulo Reis:
So it is not known that the Public Ministry acted on the matter of the false testimonies by those witnesses, which in fact, Robert Murat's lawyer has already announced that as soon as he has access to the process ?

Gonçalo Amaral:
Yes, because there even was a confrontation between them?

Paulo Reis:
Yes precisely, precisely.

Júlia Pinheiro:
So for now there are no consequences?

Gonçalo Amaral:
Well, it seems not.

Júlia Pinheiro:
It seems not. I insist on the questions concerning your impressions because it was maybe the aspect of the book that I was most avid to know whether or not you would take that route, and twice or thrice you let the text slide towards it, and I was really very surprised over that behaviour from Gerry McCann at the moment when the possibility of his daughter's ransom is being discussed, which was obviously fictitious, but his behaviour relating to it and some observations that you make concerning Kate McCann. Namely a certain irritation and ill humour under several circumstances. Can you define who is Kate McCann?

Gonçalo Amaral:
It is difficult to define, isn't it. She almost cried in front of us, and then she lowered her head and when she returned she came back more aggressive, more ...

Júlia Pinheiro:
But within the couple she is the more combative, the more controlling person.

Gonçalo Amaral:
I didn't want to take that route in terms of rendering things subjective but...

Júlia Pinheiro:
I noticed that.

Gonçalo Amaral:
...but that is how it was. It was a bit, there was something not right there, but maybe a psychiatrist or someone could analyse the behaviour.

Júlia Pinheiro:
Very well, you don't want to say much about your personal impressions of her ahaha

Gonçalo Amaral:
The issue here is not... I don't have to worry about the McCann couple. What I have to worry about, or had to worry about is that little girl and find out what happened to her. It's logical that knowing who the parents are and their behaviour, how they react, all of that is important within an investigation. But the most important thing is for us to integrate with what we have, to find the facts and to follow a route in terms of the final objective. Therefore, discussing the parents... it's a question...

Júlia Pinheiro:
But surely the second route that was chosen was the possibility that they are involved in her disappearance it had to do with that behaviour that we just referred... some coldness, some...

Gonçalo Amaral:
No...

Júlia Pinheiro:
It wasn't only about that?

Gonçalo Amaral:
It was about the entire investigation that is made isn't it, but...

Júlia Pinheiro:
And these elements aren't analysed?

Gonçalo Amaral:
We don't base ourselves on empathies and we don't like or dislike persons, we focus on the investigations.

Júlia Pinheiro:
I'm not talking about empathies; I'm talking about behavioural observation. That is also analysed.

Gonçalo Amaral:
It is, but ...

Júlia Pinheiro:
Ah!

Gonçalo Amaral:
But what leads us into the direction of the little girl's death is facts, not only looking at people and thinking that...

Júlia Pinheiro:
Do you really reach the theory of an accidental death according to your theory, before the dogs arrive in Portugal, or?

Gonçalo Amaral:
Yes, before the dogs come to Portugal, there are signs of death as I say in the book, signs which are given by the family that a cadaver is being searched. This gentleman comes from South Africa, and hair from the little girl, supposedly from the little girl, he places it inside a machine which he invented and we hear its contents which says that there within a certain area of the beach lies a cadaver. So he came on the couple's request, otherwise he would not be requested. Then, the dogs' intervention follows a work of analysis, of planning carried out by a British national consultant, from the British police, he was here in Portugal, he saw the area, he consulted the process with what happened, therefore with facts that existed, he went to the area, he rode a helicopter, consulted with academics, and all that and he reached the conclusion that we have to search for a cadaver. In order to search for a cadaver these experts have to be used, these dogs and that was what happened. So from there on...

Júlia Pinheiro:
So that was what is called a good relationship between British and Portuguese investigators.

Gonçalo Amaral:
Very good.

Júlia Pinheiro:
Very good. Contrary to everything that was later reported by the press.

Gonçalo Amaral:
Exactly.

Júlia Pinheiro:
So your opinion is that an accidental death took place in that apartment.

Gonçalo Amaral:
It is not my opinion. It's the opinion of the investigation. This has to be made very clear. I have repeated this several times but it's important.

Júlia Pinheiro:
You are absolutely right, so according to the investigation?

Gonçalo Amaral:
According to the investigation that was composed of English, Portuguese investigators...

Júlia Pinheiro:
Exactly. The little girl died in that apartment?

Gonçalo Amaral:
The little girl died in that apartment.

Júlia Pinheiro:
On the evening of the 3rd of May.

Gonçalo Amaral:
And we reached that conclusion with the data that we have.

Júlia Pinheiro:
And before the time that was announced? Before 10 pm which is the time that was?

Gonçalo Amaral:
The time is not known because the reconstruction was not carried out, which could be important in order to define the times and to verify if they could have attended all that vigilance from the parents, every 10 or every 5 minutes, so if they were having dinner and all of a sudden almost nobody dined, isn't it. But it seems that only one plate went back, a steak that had to be warmed up. It was necessary to understand who it was that failed to eat that steak and what everyone else ate, how long the dinner lasted, how long the meals take to be prepared, and all of those things in order to understand it all afterwards.

The reconstruction was not carried out and from there on it's difficult to know at what time it could have happened. There is one piece of data in terms of accurate time that evening, it exists and it concerns the little girl, it's the time at which she left the nursery.

Júlia Pinheiro:
At 5.30 pm.

Gonçalo Amaral:
At 5.30 pm, concerning the other witnesses that were at the beach there is the video registry, they were filmed by the camera that was there, at 6.36 pm they leave the beach, first the men and afterwards the women and children, in terms of times and then there is the time of the Irish witness who knows at what time his dinner ends, and he has the receipt of the payment with the time at which he paid, when he leaves the restaurant across the street ?

Júlia Pinheiro:
Across the street he sees a man walking down with a child?

Gonçalo Amaral:
He sees a man walking down with a child.

Júlia Pinheiro:
? who he only realises to be Gerry McCann when he sees Gerry McCann descending with his children?

Gonçalo Amaral:
Exactly.

Júlia Pinheiro:
...when they return to England.

Gonçalo Amaral:
The files that mention the testimony, they mention the clumsy manner in which he carried the child, the posture which we could call athletic, that he was an athletic individual and they offer a description, they reach the point of saying that, it was maybe possible in terms of saying who it is physically, but with those characteristics, the manner in which he walked, how he carried the child, they could know who it was. And so when he sees, when that family sees Gerry McCann descending from the airplane carrying the child and he starts to walk on the pavement, they realised. Now he says it's 80%, if you tell me ah that is not evidence, I also agree it's not evidence but at least it's a piece of information and that information should always be worked out.

Júlia Pinheiro:
And was it?

Gonçalo Amaral:
When I left Portimão, on the 1st of October, I left on the 2nd but on the 1st we were arranging for those witnesses to come to Portugal. We already had permission from the national director, all that was left to do was to choose a hotel for them to stay and to schedule a date. After I left I know it took several months until the witness was heard, which happened around January or February this year, I don't know, through a rogatory letter or a request for assistance under international cooperation.

Júlia Pinheiro:
That is really one of the surprising bits of data. Another piece of data which is also surprising is related to that towel that Kate McCann gives for the first dogs, our dogs, the Portuguese. Why did she give a towel and not a piece of clothing? After this I'll let Paulo speak.

Gonçalo Amaral:
That is another question that has to be understood as well, doesn't it? The towel because supposedly she had had a bath that day, right? It would therefore carry more of the little girl's smell, the little girl's odour, so this was an option between her, I think, and the members of GNR.

Júlia Pinheiro:
The GNR which was there. Let's hear Paulo.

Paulo Reis:
Now before I move on to another question, concerning the towel has the PJ established for example how often the bed sheets and the towels in the apartments are changed. Because if memory doesn't fail me, the towel is delivered to the GNR 48 hours after the little girl disappeared.

Gonçalo Amaral:
No. The towel was handed over right on that night.

Paulo Reis:
On that night.

Gonçalo Amaral:
The GNR dogs also arrived that night. But the last time that the apartment had been cleaned was on Wednesday.

Paulo Reis:
A while ago, you mentioned an English policeman, a great expert, I suppose you were referring to Mark Harrison who is one of the two or three best British policemen in terms of investigating complex crimes. He was here, he spent a week in Praia da Luz, he rummaged through Praia da Luz, he walked everywhere, the saw the process upside down, he read the entire process, and then he wrote a report in which he concludes that the most likely hypothesis is the child's death, and if I'm correct, he proposes the dogs' coming, right?

Gonçalo Amaral:
Exactly.

Paulo Reis:
Was he the policeman who also retired, a reference that you made during a press conference? That there was an English policeman who retired.

Gonçalo Amaral:
No.

Paulo Reis:
Was there an English policeman who also retired?

Gonçalo Amaral:
The English policeman who retired is from the Leicester police. Now the reasons I would prefer not to talk about him at the moment. As a matter of fact I'd like to talk to him personally and I don't want him to be pressured so I would reserve myself the right not to comment any further.

Paulo Reis:
Just to make this very clear, is that English policeman, Mark Harrison?

Gonçalo Amaral:
No, no, no.

Paulo Reis:
...who comes here, writes a report, no, I'm not talking about the retirement issue, I'm just saying that he came here, that he is an expert in complex crime, one of the most prestigious from the English police, he walks the streets of Praia da Luz from one end to another, he measures, routes, timings, he analyses the process and after that he writes a report in his quality as one of the finest English experts, where he writes black on white that the most likely possibility is that the child died in the apartment, is that correct?

Gonçalo Amaral:
Correct.

Paulo Reis:
That is what marks the turn in the investigations.

Gonçalo Amaral:
Correct.

Paulo Reis:
And then the famous dogs arrive?

Gonçalo Amaral:
Yes, to detect cadaver and human blood odour.

Júlia Pinheiro:
So you don't want to tell why your colleague retired. He has his own reasons. But you are aware that all of this thickens the public's perception of a Machiavellian conspiracy theory. I understand your position, maybe at the moment you don't want to say more or you can't, it's a fact that your book has brought us something more but we still fail to understand everything. Mainly, possibly the macro-structure that surrounds all of this. Duarte?

Duarte Levy:
No, I just wanted to talk about the issue of the English lab's reports.

Júlia Pinheiro:
That is very important, yes.

Gonçalo Amaral:
The reports from the English labs... the English reports arrive shortly before the questionings that were scheduled. And it contained certain conclusions, if they thought they were inconclusive they shouldn't have mentioned it, the question of the 15 alleles in a profile of 19 from the little girl, stating that they match Madeleine McCann, but they also say that it could have been a construction let's say from various donors, from other persons, a contamination could have produced Madeleine McCann's profile by coincidence. But there are no excuses for saying that it is not from Madeleine McCann because they held the profiles of the father, the mother, the siblings, therefore there are no doubts that at least within that family they only matched Madeleine McCann's.

Duarte Levy:
In Portugal, for example, we only need a match of 15 alleles out of 19 in order to determine someone's paternity, therefore? That is the first fact. The second fact is that at this moment, the institute for Forensic Medicine is already prepared, they already own the same equipment as the FSS in England to carry out this type of analysis. Why does the Public Ministry or the Polícia Judiciária not request, or don't they have any more samples to carry out?

Gonçalo Amaral:
As far as we know, they have all been destroyed by now, namely the hair. Nothing can be done.

Paulo Reis:
Concerning the FSS reports ?

Gonçalo Amaral:
And the samples were microscopic, weren't they?

Paulo Reis:
Are you absolutely certain that the reports that reached you, namely those concerning the blood residues in the car boot, are exactly the reports that left the FSS?

Gonçalo Amaral:
I have no doubts whatsoever, in fact, they were delivered by a senior official from Leicester police, it carries a logo, they came and went by email, so there is an existing origin, therefore the report is signed, so I have no doubts about that.

Júlia Pinheiro:
You have no doubts whatsoever about that.

Gonçalo Amaral:
On the official document.

Júlia Pinheiro:
But wasn't it published in Belgium that?

Duarte Levy:
? that there are two reports. There is one report that left the FSS and there is a second slightly different report that arrived in Portugal.

Gonçalo Amaral:
There is a recent report and there are two other reports. The first one mentions 15 alleles and here is the main question, it places the focus, they place the focus on that part of the exam from the vehicle, in the second [report] they then focus on the apartment, if on one side 15 alleles were not enough, in the other there were only 5 alleles that matched Madeleine McCann's genetic profile, what could be read there was that there were almost no problems. Because it's easily justifiable. It may not be justifiable with the cadaver odour on the spot where the blood sample was collected, but therefore, inside the house it is easy to justify, it's more difficult with a car that was rented more than twenty days later. So this is where the major confusion lies.

Júlia Pinheiro:
Yes, Paulo?

Paulo Reis:
At a given moment in time, around the 9th or 10th of May, starts what you mention in your book, a wave of sightings of Madeleine. Madeleine is first seen in Morocco, by a?

Gonçalo Amaral:
First she is seen here in Portugal. The wave starts to spread in Portugal.

Paulo Reis:
Exactly. Portugal and then ?

Gonçalo Amaral:
Then she is seen in the North, then jumps to South America, Brazil?

Paulo Reis:
One that was largely publicised by the English newspapers, was from a Norwegian lady who was spending holidays in Morocco and who swears that she saw the little girl. What the English press does not mention at that time is that the lady is Norwegian but she is married to a man who was born and bred in Rothley, the town where the?

Júlia Pinheiro:
It could be a tremendous coincidence.

Paulo Reis:
? the McCanns resided for the last few years. This is the question that I ask you: The wave of sightings, namely in Morocco, where witnesses state that they are 100% certain that it was the child, I have no doubts. Beyond the usual confirmation with Interpol, Interpol and the police forces in those countries were requested to investigate those sightings and those witnesses.

Gonçalo Amaral:
The witnesses, it was necessary to hear those witnesses and she lives in Southern Spain. She lives near Valencia. That is one of the diligences that possibly remained to carry out. But concerning those sightings in Morocco, it was through the cooperation with the English police, with liaison officers with the Moroccan police that tried to obtain the video tapes from that petrol station where the little girl was seen, in order to try to find out if it could actually be her or not. It was all handled from there.

Júlia Pinheiro:
And you don't value the fact that really the lady who saw is married to someone who coincidentally is?

Gonçalo Amaral:
That was actually taken into account and it happened later, as Paulo Reis said, and as a matter of fact it's something that should have been worked upon in terms of being heard.

Júlia Pinheiro:
Well, let's talk about what worries?

Gonçalo Amaral:
But I can also say that apart from those sightings all over the world, in Praia da Luz there were little girls that strongly resembled Madeleine, blond with blue eyes, many of the same age as her. Therefore, someone could have spotted Madeleine there, in Praia da Luz, something that was not done.

Júlia Pinheiro:
That's true, that's true. In your opinion, Maddie, in the opinion of the investigation and of your colleagues and the team that you coordinated, did Maddie die that evening?

Gonçalo Amaral:
She died.

Júlia Pinheiro:
And someone took her from that apartment and placed her where?

Gonçalo Amaral:
Look, when we are in an investigation of this kind we have to understand what the knowledge of those persons is, if they know other people, what contacts they have. If they have means at their disposal. We have to know the area itself, to know about the facility or the almost material impossibility to conceal the corpse within few hours and few minutes. And the conclusion that we reach with all of this, with all of this data is that, if there was any involvement from those nine persons, the corpse could only be in the beach area. And that is in fact where the gentleman?

Júlia Pinheiro:
The investigator.

Gonçalo Amaral:
Not the investigator, the Irish witnesses...

Júlia Pinheiro:
Ah yes!

Gonçalo Amaral:
...see a person passing, a man carrying a child, a little girl, they say that it is in effect Madeleine going towards the South area, let's put it that way, towards the sea side. Now whether or not she stayed there, that is another question. For how long she stayed there, what happens next, only the development of the investigation of that area of death, let's put it that way, could take us there.

Júlia Pinheiro:
Would you have followed that investigation line?

Gonçalo Amaral:
It was the direction that I was following at that time so until we emptied it we weren't stopping, were we?

Júlia Pinheiro:
It sounds so unbelievable, the possibility that a body was placed on a cliff, or in any other area on the beach, and then removed and transported in a rental car.

Gonçalo Amaral:
The corpse couldn't have remained there all the time. It's impossible.

Júlia Pinheiro:
So where was it taken next?

Gonçalo Amaral:
If we take into account that, if we consider the traces that were found in the car boot?

Júlia Pinheiro:
? which are in fact?

Gonçalo Amaral:
? which are in fact from the little girl. In order to justify that bodily fluid as the lab says, it could only have been preserved and conserved in the cold because otherwise it would have been?

Júlia Pinheiro:
That means that?

Gonçalo Amaral:
? in an advanced state of decomposition, at least it's a hypothesis. Therefore it's a question of a deep freezer, or something similar, and there we had to search for it and that was what we were doing. This means, the contacts that they had, where they went, where they were seen? There are people who say that they were seen entering an apartment block near the cemetery in Praia da Luz. At that point in time we weren't able to detect which apartment they entered, who lived there, because it's also a bit complicated because you have to understand it's a tourist area and often it's not known who the apartment belongs to.

Júlia Pinheiro:
Of course, of course?

Gonçalo Amaral:
Who lives there, for how long they live there, so all of that was being worked upon. To try to understand the support?

Júlia Pinheiro:
If someone discovered a deep freezer in the area and?

Gonçalo Amaral:
If it was actually a deep freezer, it doesn't exist anymore now.

Júlia Pinheiro:
Is that still possible to find out? I imagine?

Gonçalo Amaral:
Look, a few years ago on the Azores, after a homicide that had taken place years earlier, we managed to locate a vehicle that was already in a junk yard in which a taxi driver had been killed, a taxi driver from Praia da Vitória in the Azores. But we were unlucky, normally the van's back had a carpet but it didn't exist anymore. That carpet didn't exist anymore, so if we had found that carpet it would have been possible to prove that the death had taken place there, so anything is possible.

Júlia Pinheiro:
Anything is possible. I don't know if Paulo and Duarte have any further questions, you have to be brief, we're almost finishing.

Duarte Levy:
One more doubt, I read in your book that you never received the medical report, Madeleine's clinical history. For example, I also know that ?

Gonçalo Amaral:
We think, because that's the way it is, we spoke to the English police, they said right away that there were problems in England to hand that over within the rogatory letter's context. There is a rogatory letter that was carried out but before that there was another rogatory letter that was being prepared which also contained those questions and which also contained questions about other tests, other tests by the dogs with the friends that were there, namely on the clothes with those same dogs in order to try to find cadaver odour or any other trace, that was important. So there was that rogatory letter?

Duarte Levy:
And you never received those reports, you receive the reply that the McCanns had no credit cards, you already knew that was false, could it then be said that there were two English teams working on this case? The one that in fact stood beside the PJ and the one that worked against?

Gonçalo Amaral:
I don't speak with the English police, I can assure you

Júlia Pinheiro:
And now we don't speak at all because we're arriving at the end. I only want, Gonçalo Amaral, I only want to know one thing. Will Maddie return to your life one of these days, or not?

Gonçalo Amaral:
I think yes. This book has the will of clarifying and of contributing to the investigation, I think yes, there are more things to talk about.

Júlia Pinheiro:
Is that your mission?

Gonçalo Amaral:
It's not a mission, it's a question of recovering my dignity and my honour and that of my colleagues and of this institution to which I was so proud of belonging to for so many years, and of justice being done for the little girl.

Júlia Pinheiro:
Thank you. A round of applause for Gonçalo Amaral. Duarte Levy and Paulo Reis, thank you very much.

(applause)
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Cadaver was frozen or kept in the cold


See The McCann Files archive:  Gonçalo Amaral - The Interviews (July '08)

Cadaver was frozen or kept in the cold
24 July 2008
Correio da Manhã
Thanks to Joana Morais for translation

Gonçalo Amaral regrets that a 'fact-finding inquiry (sindicância) to the investigation was done".  In the first interview where he talks about the process, he defends that Maddie died at the Ocean Club. The book is launched today in Lisbon and promises to re-launch controversy ["revive the controversy"].

Interview with Gonçalo Amaral in Correio da Manhã

Correio da Manhã: As the case investigator, what is your thesis?

Gonçalo Amaral
The little girl died in the apartment. Everything is in the book, which is faithful to the investigation until September: it reflects the understanding of the Portuguese and the English police and of the Public Ministry. For all of us, until then, the concealment of the cadaver, the simulation of abduction and the exposure or abandonment were proved.

What led you to indict the McCanns over all of those crimes?

It all starts with an abduction theory that is forced by the parents. And the abduction is based on two facts: one is Jane Tanner's testimony that says she saw a man passing in front of the apartment, carrying a child; the other is the bedroom window, which, according to Kate, was open when it should have been closed. It was proved that none of that happened.

How was it proved?

Jane Tanner is not credible: she identifies and recognizes different people. She starts with Murat, later on someone else is mentioned, according to the drawing done by a witness, and she already says that is the person, completely different from Robert Murat.

Jane Tanner's testimony drove the abduction theory.

In order to advance into that direction, it would be necessary to give her credit: there was no other indicium of the abduction. And the issue of the bedroom window, where Maddie and her siblings slept, is vital. It leads to simulation. This means, whether or not it was open when Jane says that she saw the man carrying the child. The little girl's mother, Kate, is the only person that mentions the open window.

Does that undo the abduction theory?

There lies the solution. To be closed or not, is a strong indicium for simulation. And why does one simulate abduction, rather than simply saying that the child has disappeared? She could have opened the door and left?

Do Kate's fingerprints reinforce the simulation theory?

They are the only fingerprints on the window. And in a position of opening the window.

Did Kate have suspicious attitudes?

She goes out for dinner and supposedly leaves three children asleep. She returns, one is missing, she goes out, leaving the window wide open with the twins asleep. And the night, according to what she says, was very cold?

What about Maddie's bed?

It carries no signs that anyone was in it. Nor does the chair or the bed under the window. And there are no imprints from strangers.

The reconstruction is missing.

It was not carried out 10 or 15 days after the facts, because the resort was full of tourists. We trusted that it could be carried out at a later date. It couldn't.

Did you request data about the group?

At 8 a.m. on the 4th, the request was made to the English liaison officer, but [the data] never arrived.

What did you want to know?

Who the people are, their antecedents. And the child, whether or not there are complaints against the parents or others. How she behaved in school, to find out if she was the target of abuse.

How important is the Irish witness within the case?

He explained where he and his family had seen, at 10 p.m. on the 3rd of May, a man carrying a little girl. And it wasn't Murat. They did not see the face, but they described the athletic and clumsy manner in which he carried the child.

That was back in May.

When the McCanns returned to England, the witness, watching Gerry get off the plane and walking across the asphalt carrying his child, he [Martin Smith] had a realization. By the manner in which he walked and the clumsy way that he carries the child, he [Martin Smith] is 70 to 80 percent certain that it was the person he saw that evening. Says he and say the other members of the family.

What did you do?

On the days before I left Portimão we were taking care of that trip to Portugal. Then, the hearing of that witness was requested through a liaison officer from the Irish police in Madrid, which took months. During that time, the witness was approached by persons that are connected to the McCanns' staff, I don't know with what intention. They felt pressured. Later on, the hearing arrived and he maintains the probability of 70 to 80 percent that it was Gerry who carried the little girl towards the beach.

Couldn't that have been included in the rogatory letter?

It could and it should. The ideal would have been for him to come to Portugal, as a key witness. Just like the couple of doctors that describe the situation in Mallorca [the Gaspars].

Once the abduction theory was set apart, how was the death theory built?

With the elements that exist, we could only reach an accident, natural death, any cause without the intervention of another person. We were cementing evidence and advancing to understand what happened to the little girl's body. Also based on information from the British lab [Forensic Science Laboratory - Birmingham, UK], about residues that were found inside the car that was rented by the McCanns.

Where and how could they have hidden the body for over twenty days?

That was what we were trying to find out. Searching within their friends, because the couple had a lot of acquaintances. We tried to understand where the little girl could have been during those twenty something days.

Out of reach from the searches.

Yes. There was information that the couple had been seen walking towards a certain apartment block, we were trying to understand which apartment it was. Who had access to that apartment. But everything stopped.

How do you interpret that stopping of everything, when you left?

It almost looks as if the investigation was syndicated.

It was even said that the blood that was found was not human.

The dogs [British sniffer dogs] only smell human blood. The sample that is collected and taken to England, to be analysed with the Low Copy Number technique, is microscopic. The technique does not allow them to state whether it is blood or any other type of fluid but it guarantees that it is human.

The family tried to justify itself.

Later on, a brother-in-law and a cousin of Kate said that they had carried steaks in the trunk that had thawed, even garbage, but no. The dogs follow neither garbage smell nor non-human blood. Then there is a witness, that was never heard, a jurist that lived next to the couple, in the second house [villa] outside of the apartment, saying that the car trunk was left open during the night, for airing. But maybe that was because of the garbage?

Within the theory of the parents' involvement, can you reconstruct that night?

We had already concluded, long before the Irish witness, that if those persons were involved, there was only one possibility. It pointed towards the beach. Not only because of what [locations] they knew but also due to the terrain's conditions. In that area, it is not easy to dig a hole. One either knows where holes already exist, or it is not possible, within a short time lapse, to decide where to place a corpse without knowing the area. If there was involvement, it would have been towards the beach area. Which is later corroborated by the Irish witness.

At the time when the Irish tourist reportedly saw Gerry, there are various witness statements that place the child's father at the Ocean Club.

They are not credible. The employees are unable to tell at what time the persons were there, for how long each one of them stayed away when they say they went to the apartments. And the group is not credible. They say that on the previous nights, every 30 minutes, each one of them went to check only on his own children; but on that night, between 9.30 and 10 p.m., someone curiously goes to check that apartment [McCann's apartment], almost every five minutes, leaving the rest unchecked.

And what about Gerry?

He justifies some of the time with a trip to the toilet. That is not five minutes, then he meets another individual outside. Hence the need for the reconstruction. To find out how long it took them to get to the apartments, what route they walked, etc. A reconstruction that should be joint with the restaurant's movement, because when it is said that they asked for the food from 9 p.m. onwards, there was one person who ordered a steak. And that steak was heated again because someone was not there. It is necessary to find out whose steak that was. He was away for a much longer time period?

An adult carrying a child, until the beach, how long [does it take]?

Fifteen minutes.

How was it possible for the apartment to be rented out after the crime?

The apartment was immediately fully contaminated by the parents' action, before the police arrived. A complete fair was built there and at a certain point, dogs were demanded to come inside the house.

You admitted the possibility that the children had been given sedatives.

The twins, with the lights on, with the lights off, with a crowd of people going in and out, slept until 2 a.m., when they were carried into another apartment. Even then, they continued to sleep. That sleep is not normal.

But the Judiciária did nothing.

Once again, we were inhibited. We thought about asking the parents to test their hair, in order to understand whether there were sedatives, but as soon as it was found out, it would be said that we were suspecting the parents, and it was being avoided at all costs that it became public that those suspicions existed.

How is there room for speculation about the DNA tests? It was those results that allowed you to advance with the arguido status.

The speculation is done by the scientist who performs the test. He starts out by saying, in his preliminary report, that it was easy to say that it was Maddie. Then he raised other questions. Of course nobody can be accused, based on that data alone.

"The cadaver was frozen"

Correio da Manhã: What do you think happened to the body?

Gonçalo Amaral
Everything indicated that the body, after having been at a certain location, was moved into another location by car, twenty something days later. With the residues that were found inside the car, the little girl had to have been transported inside it.

How can you state that?

Due to the type of fluid, we policemen, experts, say that the cadaver was frozen or preserved in the cold and when placed into the car boot, with the heat at that time [of the year], part of the ice melted. On a curb, for example, something fell from the trunk's right side, above the wheel. It may be said that this is speculation, but it's the only way to explain what happened there.

If the body was hidden in the beach area first, was it always out of reach for the searches?

The beach was searched at a time when it is not known whether the body was still there. Using dogs, but sniffer dogs have limitations, like the salted water, for example. Later on, it may have been removed.

"We should have done phone tapping"

Correio da Manhã ? Did you feel political pressure during the investigation?

G.A.
Inhibition. One of the mistakes was that we did not advance on this group with everything that legally was within our reach: Tapping, surveillance. It was necessary, for example, to recover the clothes that the little girl was wearing when she left the crèche to go home. There, we thought: if we go, it will immediately be said that we suspect the parents. That inhibition happened throughout time.

And that led you towards the abduction.

We had to prove that there was no abduction, in order to focus on those persons afterwards.

How does the pressure appear?

Right on the morning of the 4th of May, with a consul calling the embassy and saying that the PJ wasn't doing anything. Then an ambassador. Next, an advisor and the English prime minister.

"Payne is the last one to see her"

Correio da Manhã: When do testimonies concerning David Payne's behaviour indicating sexual practices with minors arrive?

Gonçalo Amaral
In May. Something went wrong with that group during a holiday: David Payne made revealing gestures concerning behaviour towards children. Even towards Maddie. We asked for information but it arrived after the 26th of October. They sent the information without giving it any importance.

What exactly did arrive?

A couple of doctors spent holidays in Mallorca, in 2005, with David Payne, the McCanns and another couple. The lady says she saw Payne with his finger in his mouth, making a movement in and out, while rubbing his nipple with the other hand. And he was talking about Maddie, next to her father. Those statements should have been given a different treatment by the police. It was relevant to access the information, about doctors, who are just as credible as anyone else.

What else remains unclear concerning David Payne?

He will be the last one to see Maddie alive after 5.30 p.m., when she leaves the crèche. He meets Gerry playing tennis and asks him about Kate and the children. Gerry answers that they are in the apartment and he goes there. He returns 30 minutes later. Kate says it was 30 seconds. There is something not quite right here.



Pre-publication
The evidence and the results of the case

"Arriving this far, it is important to make a deductive summary about this case. Which means, to reject what is false; to set aside what cannot be proved, because it is insufficient; to consider as valid and certain what has been proved.

What is proved

Therefore:

1. The abduction theory is defended by Maddie's parents since the first moment;

2. Within the group, only her parents stated that they observed the open window in the missing girl's bedroom; the majority cannot witness it faithfully because they arrived at the apartment after the alarm was raised;

3. The only statement outside of the group that mentions the open window and the raised shutters comes from Amy, one of the Ocean Club's nannies, who points her observation towards 10.20 / 10.30 p.m., which is some time after the alarm was raised and does not prove that it was open like that at the time when the crime happened;

4. The set of depositions and witness statements exposes a high number of imprecision, incongruence and contradictions which, in some cases, may be typified as false testimonies. In particular, the key statement for the abduction theory, from Jane Tanner, which loses all credibility due to the fact that it successively evolved throughout various moments in time, becoming ambiguous and disqualifying itself;

5. There is a cadaver that has not been located, a conclusion that is validated by the English EVRD and CSI dogs  [Eddie / Keela] and corroborated by the preliminary lab test results [Forensic Science Laboratory - Birmingham, UK].


Certainties until October

"For me, and for the investigators that worked with me on the case until October 2007, the results that we reached were the following:

1. The minor Madeleine McCann died in apartment 5A at the Ocean Club, in Vila da Luz, on the evening of the 3rd of May 2007;

2. An abduction was simulated;

3. Kate Healy and Gerald McCann are suspected of involvement in the concealment of their daughter's cadaver;

4. Death may have resulted from a tragic accident;

5. There is indicia of neglect in the guard and safety of the children."

"Decisive diligence was never carried out"

"The Smith family [Irish witnesses] is available to make a formal recognition. We had already contacted the Smith family, from Ireland, whose patriarch was prepared to travel to the Algarve, to give a new statement and for a formal recognition [?] following the recognition that he had made on television of the man who on the 3rd of May, in Vila da Luz, walked towards the beach carrying a little girl, a little girl that they had recognized as being Madeleine McCann.

"The man that the Smith were talking about was, with a high degree of certainty, Gerald McCann, who they had seen on the English television news, on the day that the McCann couple returned [on their definitive trip] to the United Kingdom. That man that came down the airplane stairs and walked on the asphalt, carrying a child, was apparently the same man who, on the evening of the 3rd of May, walked into the direction of the beach, carrying Madeleine, who seemed to be deeply asleep.

"When the situation was presented to the National Director of the Polícia Judiciária [Alípio Ribeiro at that time], he agreed with what was being suggested to him, [namely] the coming to the Algarve, at our expenses, of the elements of the Smith family that were able to testify the facts."

McCanns erased all the telephone calls

The calls on the couple's mobile phones were erased, with the exception, in Kate's case, of a call from her husband at 11.17 on that night of the 3rd of May, minutes after the disappearance was known. But this call is not registered on the mobile phone that belongs to Gerry, who erased all the phone calls of that day, presumably after he called Kate at that time. This fact, that was never clarified in terms of its motivation, intrigued the investigators.
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DNA blunder turned Kate McCann into suspect


DNA blunder turned Kate McCann into suspect
Evening Standard
Kiran Randhawa
21 Jul 2008


A key blunder by a British forensics team led to the McCanns being named official suspects, according to a leaked Portuguese report today.

The claim comes as Portugal's attorney general formally cleared Kate and Gerry of any involvement in the disappearance of Madeleine in May last year.

According to the Portuguese, the British Forensic Science Service told them that DNA evidence found in the couple's hire car a month after the girl went missing was categorically Madeleine's.

This led to the McCanns being questioned and made suspects. But one month later the forensic service said it could not be sure whether the DNA belonged to Madeleine, her mother or to her sister Amelie, the report says. Madeleine's DNA was also allegedly found on the window sill of their Algarve holiday flat and in the car park. The McCanns always insisted that such DNA could have come from rubbish, including nappies, they cleared from the flat when they moved out.

Another error highlighted in the report was that when British "cadaver dogs" apparently caught the scent of death in the flat, Portuguese detectives did not take into account that GP Mrs McCann had come into contact with six patients who died before she went on holiday.

There is also strong condemnation of the police for paying too much attention to the media during the massive hunt for the girl. Evidence given by the seven friends the McCanns were dining with when Madeleine disappeared is criticised as they are accused of contradicting each other.

The report also talks about a key witness who contacted the police three weeks after the disappearance saying he saw Mr McCann carrying Madeleine away from the flat on the night she disappeared but later retracted his statement.

The report says there is a strong belief by British and Portuguese police that Madeleine is dead.

Kate and Gerry, both 40, who believe their daughter was abducted and is still alive, were aiming to spend today as routinely as possible. Mr McCann, a consultant cardiologist, went to work at a Leicester hospital while his wife took their three-year-old twins to nursery school near their home in Rothley. She was then said to be seeing friends.

Madeleine was six days short of her fourth birthday when she vanished from her family's holiday flat in the Ocean Club complex at the Praia da Luz resort. The third suspect, Algarve property consultant Robert Murat, 34, also had his "arguido" status lifted.

The claim about the DNA evidence is likely to cause the Forensic Science Service embarrassment. Last week representatives of the service went out to Portugal with Leicestershire police to try to prevent the information being made public. Mark Williams-Thomas, a former police officer and a child protection expert, who has knowledge of the report, which dedicates 50 pages to the DNA evidence, said it was "damning".

"The FSS was out in Portugal on a damage limitation exercise," he said. "They will lose credibility over this."

It is understood that even if the case is shelved, the files will be periodically reviewed and could be reopened if new evidence emerges.

The policeman in charge of the original investigation was revealed to be publishing a "tell-all" book. Gonçalo Amaral, who was sacked as head of the inquiry in October, took early retirement last month.

Mr Amaral, 48, authorised the decision to name the McCanns as official suspects and his book, called True Lies, will be released in Portugal this week.

He told BBC News today: "The evidence that we had gathered by the time that I left the case, pointed to the girl being dead - and having died inside the apartment. I don't know what happened next. I can't say. We'll have to wait for the case files to be made public."

Mr Amaral said the decision to make the McCanns suspects was taken by a number of officials and did not amount to a "persecution".

Mr Mitchell added: "It's a great shame that Mr Amaral apparently feels the need to make money out of Madeleine's disappearance.

"We hope that any profits he makes from this book will go to the fund to find their daughter but we are not optimistic.

"Until the judicial secrecy is lifted, he is covered by those laws in the same way as everybody else associated with the case is, and as a result Kate and Gerry's libel lawyers will read that book with great interest."

   
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Irishman was already discarded


See The McCann Files archive:  Gonçalo Amaral - The Interviews (July '08)

Irishman was already discarded
07 July 2008
24horas
Gonçalo Amaral placed a strong bet on this witness
Carlos Tomas
Thanks to 'astro' for translation

When he was discharged, the former investigator of the Maddie Case was preparing to hear an Irishman, who was considered to be a very relevant witness. But the present investigators don't give him credibility

The statements from the Irish citizen who is considered to be a key witness in the Maddie case by Gonçalo Amaral, the man who lead the entire investigation, were not considered to be relevant by the investigators from the Polícia Judiciária who presently hold the process.

During the two depositions, both informal, the Irishman who is only known as "Smith" said that he saw the father of Madeleine McCann, Gerry, leaving the apartment in Praia da Luz, Lagos, Algarve, carrying a child on the day that the little girl disappeared. This, during the period of time between 6 and 10 p.m., precisely when Maddie disappeared.

"He was one of the witnesses that should be questioned within the rogatory letter that was sent to England. But, due to the fact that he is an Irish citizen, the authorities in Leicester, England, failed to contact him. The diligence was not deemed relevant, given the fact that he was informally heard at the beginning of the process and his depositions were highly contradictory", a senior officer who is connected to the investigations revealed to 24horas.

The same source specified:

"First he said that he saw Maddie's father leaving the apartment carrying a child. But during a second hearing he said he was not certain that it was Gerry who carried the child. He even said he could not assert whether said person was actually carrying a human being. This type of witness is not admissible in court and they do not deserve credibility".

It is now up to prosecutor Magalhães e Meneses, who is analysing the process, to decide whether it is necessary to carry out further diligences, namely whether the hearing of the Irish citizen is necessary or not to reach a decision about the case, which apparently is to be archived concerning the suspicions of concealment of a cadaver and possible homicide that are pending on the McCanns.

(Note: See Martin Smith statements.  Smith never stated that he saw Gerry McCann "leaving the apartment".)



Witness testimony of Martin Smith, 26 May 2007
Date of Diligence: 2007.05.06
Location: DIC Portimao
Name: MARTIN SMITH

The witness states:

• That he comes to the process as a witness.

• Being of Irish nationality, he does not understand Portuguese in its written or oral form and is accompanied by an interpreter.

• That he has an apartment in Luz, Lagos, located in the Estela da Luz Urbanizaco, A1C. This apartment is co-owned by a friend whose name is L*** O*****. He normally visits Portugal three times a year. When here, he stays in the apartment. Concerning this period, he states that he arrived in Portugal on the 30th of April, 2007, with a booked return date of May 9, 2007. He arrived at Faro airport and flew out from Dublin.

• Concerning the facts under investigation, on the 3rd of May, he went with his family to the Dolphin restaurant in Praia da Luz where they dined. Around 21H00 they left the restaurant and headed toward "Kelly's Bar"; about a 50 metre distance from the restaurant, following the path, as it is very short. The walk took him a few minutes. In "Kelly's Bar" they consumed some drinks. They left that establishment around 21H55 as his son was due to return home very early the next day. This bar is located on Calheta Street.

• After leaving the bar, he travelled in the opposite direction and reached a set of stairs which gave access to Rua 25 de Abril (25th of April Street). On this artery they followed a second street, parallel to Rua 1 de Maio (1st of May Street) whose name he does not remember. He was heading toward his apartment (Estrela da Luz complex) which is located a little above the street that crosses the primary school. As he reached this artery, he crossed an individual holding a child. He notes that it is normal to see people carrying children, especially during the holiday season. This individual was walking the downward path, in the opposite direction. He is not aware where this person was headed. He only saw him as they passed each other. He assumed it was a father and daughter and thought nothing more of it.

• Urged, states that when he passed this individual, it must have been around 22H00. He did not know at the time that a child had disappeared. He only became aware of the disappearance of the child the next morning, from his daughter in Ireland. She had sent him a message or called him regarding what had happened. At this point he thought that MADELEINE could have been the child he saw with the individual.

• Regarding the individual he states that: he was Caucasian, around 175 to 180m in height. He appeared to be about 35/40 years old. He had a normal complexion, a bit on the thin side. His hair was short, in a basic male cut, brown in colour. He cannot state if it was dark or lighter in tone. He did not use glasses and had no beard or moustache. He did not notice any other relevant details partly due to the fact that the lighting was not very good.

• He was wearing cream or beige-coloured cloth trousers in a classic cut. He did not see his shoes and cannot describe the colour or form of the same.

• He states that the child was female, about four years of age as she was similar to his granddaughter of the same age. It was a child of normal complexion, about a metre in height. The child has blonde medium-hued hair, without being very light. Her skin was very white, typical of a Brit. He did not look at her eyes. As she was asleep and her eyelids were closed.

• She was wearing light-coloured pyjamas. He cannot state with certainty the colour. She was not covered by any other cover or sheet. He cannot confirm whether she was barefoot but in his group, they spoke about the child having no cover on her feet.

• Urged, he states that the individual did not appear to be a tourist. He cannot explain this further. It was simply his perception given the individual's clothing. He states that the individual carried the child in his arms, with her head laying on the individual's shoulders to the right of the deponent. He adds that he did not hold the child in a comfortable position.

• Having already seen various photographs of MADELEINE alongside her images on television, states that she may have been the child he saw. He cannot state this as fact but is convinced that it could have been MADELEINE. Indeed, this is the opinion of his family.

• Questioned, says that the individual did not speak nor did the child as she was in a deep sleep.

• States that it is not possible to recognise the individual in person or by photograph.

• Adds that in May and August of 2006, he saw ROBERT MURAT in Praia da Luz bars. On one of these occasions, he was inebriated and spoke to everyone. He did not use glasses at this time. He also states that the individual who carried the child was not ROBERT. He would have recognised him immediately.

• At being asked, states that he was accompanied by his wife, MARY SMITH and his son, PETER SMITH, his daughter-in-law, S***, and his grandchildren of 13 and 6 years of age (children of PETER) T**** and C***, his daughter AOIFE (12 years of age) and his other two grandchildren (A******* (10 years old) and E***** (four years old). These are children of his daughter B***** who was in Ireland.

• States also that when he passed this individual mid-street, traffic is minimal or non-existent.

• He adds that the group passed him some metres away so that they could make out the individual from various distinct positions.

• He has added a sketch indicating the direction of the locale and the sighting.

• He has no other elements to offer the investigation.

• And nothing more was said. He reads and finds it in conformity, ratifies and signs together with the interpreter.



Additional statement by Martin Smith, 30 January 2008

I hereby declare that this statement is true to the best of my knowledge and belief and that I make it knowing that if it is tendered in evidence I will be liable to prosecution if I state in it anything which I know to be false or do not believe to be true.

I would like to state that the statement I made on 26th May 2007 in Portugal is correct.

The description of the individual that I saw on 3rd May 2007 carrying a child is as follows. He was average build, 5 foot 10” in height, brown hair cut short, aged 40 years approximately. Wearing beige trousers and darkish top maybe a jacket or blazer. He had a full head of hair with a tight cut. This individual was alone.

I saw Gerard McCann (sic) going down the plane stairs carrying one of his children on 9th September 2007 BBC news at 10 PM, I have been shown the video clip by Sergeant Hogan which I recognise. A clip I have seen before on the Internet.

In relation to the video clips of Gerard McCann and the person I saw on 3rd May 2007 when I saw the BBC news at 10 PM on 9th September 2007 something struck me that it could have been the same person. It was the way Gerard McCann turned his head down which was similar to what the individual did on 3rd May 2007 when we met him. It may have been the way he was carrying the child either.

I would be 60-80% sure that it was Gerard McCann that I met that night carrying a child. I am basing that on his mannerism in the way he carried the child off the plane.

After seeing the BBC news at 10 PM, footage on the 9th September 2007 I contacted Leicestershire police with this information.

During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. She had seen the video clip of Gerard McCann walking down the stairs of the plane earlier that day. We did not discuss this until some days later.

This statement has been read over to me and is correct.
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Irishman in new Maddie probe lead


7 August 2007
Evening Herald


Expat Mr Smith was leaving a bar in the resort with his family at about 9.50pm when he saw a man carrying a small child past the church in the centre of the town. It was about 20 minutes after Madeleine is believed to have been snatched from her bedroom 500 metres away. Mr Smith said the man was walking close to the flat of Sergei Malinka, a 22-year-old Russian web designer who had worked for suspect Robert Murat. He described the man as being about 5’ 7” tall, and wearing beige trousers, with the clothes on his upper body obscured by the child he was carrying.

The description matched that given by Jane Tanner, a friend of Madeleine’s parents Kate and Gerry McCann who claimed to have seen a man carrying a child while she dined with the couple on the night of the abduction.

Mr Smith told Portuguese police that the man he saw was not Robert Murat.

CARRYING

He explained: “If it had been him carrying the child, I guarantee I would have recognised him.”

Furthermore, he said he had seen Murat earlier that night, drinking in a local bar. This contradicts Murat’s claim that he was at home with his mother Jennifer for the evening.

Mr Smith is the second Irishman to come forward with vital information relating to the disappearance of the four-year-old. A family from Drogheda has already given evidence to police after staying in Praia da Luz in the week that Madeleine disappeared.

Members of the family claimed they saw a child being carried by a man, around the time that Madeleine was taken from her parents’ apartment in the Ocean Club complex. The latest revelations came after detectives admitted that they have put a second man under surveillance, in the belief that he may have been an accomplice to the abduction.

SUSPICION

Undercover police have been secretly watching the man, who speaks Portuguese and is in his 30s. He first came under suspicion days after Madeleine disappeared. A source close to the investigation said: “Murat is not the only person in the frame. Another man has been under surveillance for a period of time but has no idea he is suspected of being involved. “His movements have been secretly monitored for some time. The attention being paid to Murat shows he remains the prime suspect. But there has always been a suspicion the whoever abducted Madeleine may not have been acting alone.

“It is also possible the second man was not physically involved in Madeleine"s abduction but knows who did it and is concealing the crime”. The new surveillance operation is being described by detectives as a “major development”.

Yesterday, police called off a second search of Robert Murat’s garden, which is just 100 yards from the apartment where Madeleine was abducted. The examination by specialist teams had been expected to last for several days, with officers digging up sections of the garden. They taped off small areas and used probes that can detect traces of human remains. They found nothing to link Murat with the disappearance. Portugal’s chief prosecutor has also told police that is is time Murat is either charged or cleared.

Meanwhile, Madeleine’s distraught parents will this weekend mark 100 days since her disappearance. In her first solo interview since her daughter’s abduction, Kate McCann told of her last conversation with her daughter as she prepared her for bed. She said: “Mummy, I"ve had the best day ever. I"m having lots and lots of fun”

PAINFUL

She also said it is unlikely she will ever return to the family home Leicestershire because of the painful memories it would trigger.

Meanwhile Belgian authorities are investigating a possible sighting of the missing girl in the Flemish town of Tongeren, close to the Dutch border. A customer at a restaurant in the town told police she was “100pc sure” she had seen the youngster.
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