The evidence places Gerry McCann in the tapas bar at 10pm

[Admin]

Report and Time-line taken from official police files

This report is based on a time line (resulting from the depositions made to the Polícia Judiciária and the “Control Risk” by five elements of the G9, the manager of the clients support Service of Mark Warner’s and by other witnesses, having a text been performed by the British analyst) and several Communications chronograms, both elaborated and sent by the Analysis Sector of the British Police that, within the police cooperation act, was in Portugal.

All the elements were analyzed and checked by this BCAI, where only one or another discrepancy was detected (between the 1st and 2nd statements of some elements of the G9)

HISTORIC

On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz – Lagos, four british couples and the mother of one feminine element of those.
The travelling and the staying of the group was organized in the Uk through the Mark Warner’s Agency, the same that on the previous year had organized a travel to Greece.
The returning should occur on May the 5th.
Every couple had children with ages below 4.

COMPOSITION OF THE GROUP:

Gerald McCann + Kate Healy = Madeleine (4 y.o.) and the twins Sean and Amelie (2 y.o.)
Russel O’Brien + Jane Tanner = E**a (3 y.o.) and E**e (1 y.o.)
Mathew Oldfield + Rachael Mampilly = G***e (?)
David Payne + Fiona Payne + (Dianne Webster) = Scarlett (1 y.o.) and Lilly (3 y.o. )

INFORMATION

The Place:

The apartment of the McCann at the Ocean Club is situated on the ground floor, on the East side of the building and can be accessed:

Through the front door, the same where it is situated the window of Madeleine and the twin’s bedroom (photos on pag 12)

Through the two glass doors, in the living room and another in the bedroom of the couple, on the opposite side of the apartment, doors that lead to a veranda, that can be accessed by a step of stairs through a small gate, coming from the lateral street. NOTE: this last access was the one most used for being closer to the restaurant.

The living room door used to remain closed but not locked, in order to be opened from the exterior.

Routines:

In a general manner the days passed at the Ocean Club by this group of friends and their sons obeyed to the following routine:

The children had their breakfast with the parents;

Once the meal was finished, they were taken to the local mini-clubs where they developed the recreational activities according to their ages;

At lunch time they returned to the parents company, at the end of which they returned to the same clubs;
During the morning and on the afternoons after leaving the children at the Kid Clubs, the parents involved into several recreational activities, namely tennis, jogging, reading, etc.;

At around 18:00h the parents went to fetch the children;

Between 19:30/20:00h, after the bath and dinner, they put them to bed/sleep;

Except on the first day, this group of friends dined at the tapas, close to the pool of the Ocean Club, where they reserved a table for nine persons;

The dinner started at around 20:30h/21:00h and prolonged until 24:00h;

By the inexistence or lack of knowledge of the parents about a supervising service for children ove the period of the dinner, they took turns on supervising going to the apartments every half an hour, aproximately;

This supervising was developed either by the parents or by the other, in this last case, just passing by the windows of the rooms and listening if there were cries;

[Admin]

THE DEPOSITIONS/DECLARATIONS

On the night of May 3, at 20:30h, the McCann were the first to arrive at the “Tapas” restaurant. The other elements of the group kept arriving until 21:00h.

At 21:00h Mathew went to see his daughter. He listened close to rooms of the rest of the children and everything was calm.

At 21:05H/21:10H Gerald went to check his children. He entered through the sliding door and found it strange that the children’s bedroom door was slightly more opened than when they went out. But he assumed that Madeleine had gotten up and gone back to bed.

He saw that Madeleine and the twins were in their beds, quiet.

He went to the bathroom and got out through the sliding doors. On the street, close to the gate, he met Jez, known from the tennis, with whom he spoke for 3 to 5 minutes.

At that moment (21:15h) coming from the restaurant to check her children, Jane passed by them.

She says that at that moment she saw, up the street, on the perpendicular, at about 10 meters, a man crossing carrying a child (see map and photo pags 50/51).

The child was on pajamas and without shoes, but she only found strange the fact that she wasn’t covered.
Only later, after learning about the colors of the pajamas, Jane concluded that the child she says she saw held by the man could be Madeleine.

She didn’t notice if the shutters of Madeleine’s bedroom window were up or down.

Neither Gerald nor Jez noticed Jane’s passage, nor did they see the man carrying the child.

At 21:30h Mathew got out of the “Tapas” to go check his children. He told Kate that he would control her children also.

He entered 5A by the living room sliding door.

He found that in Madeleine’s room, where the twins were also staying, there was more light than normal, it seemed that the shutters were lifted.

He didn’t take notice and just looked into the room through the semi opened door.

He says that he saw the twins in their cots and that everything was calm.

Because Madeleine’s bed was standing to the closest wall he was unable to see her.

At 22:00 Kate went to the apartment.

She went through the sliding doors and immediately noticed that the door to the children’s bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.

The twins were sleeping in their cots but Madeleine had disappeared.

[Admin]

TIME LINE

Taking into account the depositions of the elements of the group and others, the goal was to determine eventual contradictions and establish the moment of the disappearing of Madeleine.

From that work it was possible to conclude that:

On May the 3rd, 2007, at around 18:00h (time when she left the Kid’s Club) until 22:00 h (when the mother gave the alarm), nobody but the parents – Kate and Gerald – saw Madeleine. From the control realyzed, Mathew, at 21:00h only did it from the exterior close to the shutter and at 21:30h entered the apartment but didn’t check if Madeleine was there. (unless David had seen her between 18:30h and 19:00h, at Gerald’s request).

Discrepancies on the declarations:

-During his first interrogation, Gerald (pag 34) said that at 21:05h, when he went to the apartment to check the children, he entered through the main door; on the second inquisition (pag 891) he rectified and said he entered by the sliding door that leads to the veranda.

-On his first testemony, Gerald said that Kate, at around 22:00h, wento to the apartment and entered through the main door with the key. Immediately after entering noticed that the children’s bedroom door was opened back, the window opened and the shutter lifted (if it had happened that way it wouldn’t be after entering that such a picture would have been noticed. She would have noticed that immediately before entering since she would have pased in front of the window of her children’s bedroom).

-On the second interrogation, Gerald said that Kate had entered through the sliding door.

-On her interrogation (page 58), Kate said that she entered through the sliding door.

-On the second statement, Gerald said that on May the 3rd he ws playing tennis from 18:00 to 19:00h. At about 18:30h David Payne pased the court and then went home. Assuming that Payne was returning to play tennis, Gerald asked him to check on Kate and the children, if everything was alright.

-During his interrogation (pag 66), Payne was not questioned about this request for it is not known if he was with Kate and the chidren at 18:30/19:00h.

-Mathew on his testemony (pags 52 and 905), declared that, at 21:00h, when controlling from the exterior the shutters of Madeleine’s bedroom, it was shut down. But when he entered the apartment at 21:30h he said there was more light than normal in the children’s bedroom; that the curtains were drawn open and that it seemed that the shutter seemed opened. (it is surprising that he hadn’t found strange such a situation that should have been considered abnormal). Gerald, when Mathew returned to the restaurant and said that everything was okay, declared that he assumed that the shutter was closed.

On this way, if the child carried by the man referred by Jane was Madeleine, then, the eventual abductor (considering the limited time gap between Gerald’s exit and the moment when Jane saw him) had to be in the apartment when he went there at 21:05/21:10h; even because Mathew at 21:00 had made a control from the exterior and assured that the shuters from Madeleine’s bedroom were closed.

If it wasn’t Madeleine, and Jane afterwards, although unintentionally, has creatd that convinction, the disappearance could have occurred after that time, that is, betwen Gerald’s exit and the entrance of Mathew (21:30h), or between the exit of this last one and the arrival of Kate (22:00h).

Also because Gerald and Jez were talking at the entrance of the little side gate to the apartment, and t about 25 metres from the crossroads when the mantioned man was passing carrying the child, and they declare they didn’t see neither Jane passing past them or the man.

DIAGRAM OF CONNECTIONS AND CHRONOGRAM

The data – which were grouped into a sample of annexes – correspond to a graphic representation of the date/hour and/or sense of the communications established between May 2nd and 5th, 2007, with origin or destination to the phones associated with the “elements of the group”, identified in the process, constituted by the coupe McCann and their seven friends (to whom we attribute the sigla G9)

Apart from the diagram of the connections that represent the contacts established (21-04-2007 to 06-05-2007) between them or with other elements not belonging to the group, a chronogram was produced for each one, taking as criteria the same period – from 07:30 h 02-05-2007 to 24:00h 04-05-2007 – independently of the communication having been registered only on the 3rd. When within such interval no contacts were established, as happened with Fiona Payne, no graph was realized.

In order to obtain a more ample idea, a general chronogram was developped, contemplating the communications of the whole group but only during the day of the event.

The connections diagram, where it is reflected the volume of contacts for each individual, shows the different magnitudes of the traffic between each other.

However, only crossing the diagram with the chronograms can we obtain a clearer vision in relation to the moments when the contacts were produced. At doing so it’s easily perceptible that the communications under analysis are disproportionate among the members, being notorious the concentration of calls on the subsequent hours after Madeleine’s disappearance. And it is also understandable that the bigger flux is aimed at the McCann.

Taking the commun chronogram, there is a discrepancy between the lack of contacts in the afternoon of 03-05-2007 and the amount of communications arriving after 22:30h. The graph’s configuration corresponds to the “timeline” that sintesyzes the contents of the depositions of the elements of the group: almost all were involved in activities in the open.

[Admin]

CONCLUSIONS

The analysis we decided to do was unable, in fact, to reveal great dissonances or really pertinent questions, saving, maybe, the existence of several numbers contacted (some times insistently) by some of the intervenients and whose holder – because the numbers do not correspond to national operators of telecommunications – are still unidentified, an information that could, eventually, be of some utility.
Restraining this information to the Mccann, once that about the others it was not detected communications that could be reputed as suspect, it is to be outlined the following:

1. Gerald (447.......), the numbers:
-447......., from this to that one, 14 SMS on the day before the facts, 02-05-2007, and more 4, on the day after the disappearance, 04-05-20057;
-447........, the only number to contact the child’s father mobile phone (around 12:24h) of the afternoon of the day when she disappeared;
-441........., to which Gerry makes a long call (more than 11 minutes) around 23:40h on 03-05-2007 and to which he calls again at 00:05h, 00:13h, 00:21h, receiving a call back of 2min 28 sec. at 00:27h, the last contact registered between them;


2. Kate (4479........), the numbers:
- 447.........., the only number to contact by SMS, the mobile phone of Madeleine’s mother on the afternoon of 03-05-2007, at 12:31h and 12:34h, being the following communications very short (6 secs and 29 secs) made by Gerry to his wife, after the disappearance, at 23:14h and 23:17h;
-447............., there is a register of 20 messages between this number and Kate’s mobile, and also 5 phone calls during the evening and morning of 04-05-2007, at 03:07h; 03:23h; 03:28h; 08:34h and 08:52h, with the respective duration of 03 secs, 3min 4 secs; 6min and 56 secs, 1 min 1 sec and 1 min an 15 secs, the two last ones made by Kate.
-447........, from which comes, at 04:36h of 04-05-2007 one single long communication (28 min 47 secs).
-441........., 441.......... and 441.........., because they were numbers through which were maintained relatively long conversations on the early morning of 04-05-2007 (6min47sec; 9min 45sec; 11min 42 sec).
It must be remembered that none of the graphs covers the calls operated through the house phones, because they do not use the G.S.M.system of the mobile communications, and so they do not activate the antennas (BTS) whose traffic was used for the composition of these diagrams.

[…]

RECOMENDATIONS/SUGGESTIONS

In relation with the Time Line:

-In order to determine with more exactitude the period when Madeleine was not seen by anyone other but the parents (03-05-2007 – 17h30/18h00 – 20h00), find out if David Payne went to the apartment (at the request of Gerald) at 19h00.

-Clarify if Mathew was in the apartment 5A, at 21h30, how were the curtains, the window and the shutters in the children’s room.

About the chronograms:

-Try to figure out, close to the respective authorities, the identity of the holders of each of the phone numbers mentioned above. Such elements could help clear the facts.


Polícia Judiciária – DCCB
Brigada Central de Análise de Informação
(Inspectores Victor Pereira e Sérgio Cruz)
Lisboa, 10.09.2007


Courtesy "The Maddie Case Files"  http://themaddiecasefiles.com/topic32.html

Translation thanks to Luz

[John]

Can I make a basic observation from the time-line and cross-referencing it to the Smiths and Fiona Payne's statements.

According to Martin Smith and family they encountered a man carrying a child at 10pm, he was quite precise about this.

The Portuguese police files contain the following...

At 21:05H/21:10H Gerald went to check his children. He entered through the sliding door and found it strange that the children’s bedroom door was slightly more opened than when they went out. But he assumed that Madeleine had gotten up and gone back to bed.

He saw that Madeleine and the twins were in their beds, quiet.

He went to the bathroom and got out through the sliding doors. On the street, close to the gate, he met Jez, known from the tennis, with whom he spoke for 3 to 5 minutes.

At that moment (21:15h) coming from the restaurant to check her children, Jane passed by them.

She says that at that moment she saw, up the street, on the perpendicular, at about 10 meters, a man crossing carrying a child.

At 22:00 Kate went to the apartment.

She went through the sliding doors and immediately noticed that the door to the children’s bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.

The twins were sleeping in their cots but Madeleine had disappeared.


From Fiona Payne's statement we have the following...

'Erm, tut, she sort of raced back and she just appeared at the doors of the sort of reception area and just shouted across, erm, 'She's gone. Gerry, Madeleine's gone'. And, you know, well you can just imagine the shock maybe. So everyone was just sort of still for what seemed like, sort of five seconds or so. Gerry jumped up and went 'She can't be gone' and raced off with Kate.



Now, what I would like to know is how the hell can Gerry McCann be sitting eating his main course at 10pm, the same time as Mr Smith swears he saw him hundreds of yards away?

[stephen25000]

Can I make a basic observation from the time-line and cross-referencing it to the Smiths and Fiona Payne's statements.

According to Martin Smith and family they encountered the man carrying the child at 10pm, he was quite precise about this.

The Portuguese police files contain the following...

At 21:05H/21:10H Gerald went to check his children. He entered through the sliding door and found it strange that the children’s bedroom door was slightly more opened than when they went out. But he assumed that Madeleine had gotten up and gone back to bed.

He saw that Madeleine and the twins were in their beds, quiet.

He went to the bathroom and got out through the sliding doors. On the street, close to the gate, he met Jez, known from the tennis, with whom he spoke for 3 to 5 minutes.

At that moment (21:15h) coming from the restaurant to check her children, Jane passed by them.

She says that at that moment she saw, up the street, on the perpendicular, at about 10 meters, a man crossing carrying a child.

At 22:00 Kate went to the apartment.

She went through the sliding doors and immediately noticed that the door to the children’s bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.

The twins were sleeping in their cots but Madeleine had disappeared.


From Fiona Payne's statement we have the following...

'Erm, tut, she sort of raced back and she just appeared at the doors of the sort of reception area and just shouted across, erm, 'She's gone. Gerry, Madeleine's gone'. And, you know, well you can just imagine the shock maybe. So everyone was just sort of still for what seemed like, sort of five seconds or so. Gerry jumped up and went 'She can't be gone' and raced off with Kate.



Now, what I would like to know is how the hell can Gerry McCann be sitting eating his main course at the same time as Mr Smith swear he saw him hundreds of yards away?

Very simple.

Someone was probably lying.

Hardly unheralded in criminal investigations.

[John]

That's a rather simplistic get-out response don't you think?   So who is lying, the entire Smith family or the entire tapas bar including the waiters?

Gerry was sat down enjoying his main course at 10pm and everybody confirms this so it couldn't have been him that the Smiths saw many streets away. 

[DCI]

Report and Time-line taken from official police files

This report is based on a time line (resulting from the depositions made to the Polícia Judiciária and the “Control Risk” by five elements of the G9, the manager of the clients support Service of Mark Warner’s and by other witnesses, having a text been performed by the British analyst) and several Communications chronograms, both elaborated and sent by the Analysis Sector of the British Police that, within the police cooperation act, was in Portugal.

All the elements were analyzed and checked by this BCAI, where only one or another discrepancy was detected (between the 1st and 2nd statements of some elements of the G9)

HISTORIC

On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz – Lagos, four british couples and the mother of one feminine element of those.
The travelling and the staying of the group was organized in the Uk through the Mark Warner’s Agency, the same that on the previous year had organized a travel to Greece.
The returning should occur on May the 5th.
Every couple had children with ages below 4.

COMPOSITION OF THE GROUP:

Gerald McCann + Kate Healy = Madeleine (4 y.o.) and the twins Sean and Amelie (2 y.o.)
Russel O’Brien + Jane Tanner = E**a (3 y.o.) and E**e (1 y.o.)
Mathew Oldfield + Rachael Mampilly = G***e (?)
David Payne + Fiona Payne + (Dianne Webster) = Scarlett (1 y.o.) and Lilly (3 y.o. )

INFORMATION

The Place:

The apartment of the McCann at the Ocean Club is situated on the ground floor, on the East side of the building and can be accessed:

Through the front door, the same where it is situated the window of Madeleine and the twin’s bedroom (photos on pag 12)

Through the two glass doors, in the living room and another in the bedroom of the couple, on the opposite side of the apartment, doors that lead to a veranda, that can be accessed by a step of stairs through a small gate, coming from the lateral street. NOTE: this last access was the one most used for being closer to the restaurant.

The living room door used to remain closed but not locked, in order to be opened from the exterior.

Routines:

In a general manner the days passed at the Ocean Club by this group of friends and their sons obeyed to the following routine:

The children had their breakfast with the parents;

Once the meal was finished, they were taken to the local mini-clubs where they developed the recreational activities according to their ages;

At lunch time they returned to the parents company, at the end of which they returned to the same clubs;
During the morning and on the afternoons after leaving the children at the Kid Clubs, the parents involved into several recreational activities, namely tennis, jogging, reading, etc.;

At around 18:00h the parents went to fetch the children;

Between 19:30/20:00h, after the bath and dinner, they put them to bed/sleep;

Except on the first day, this group of friends dined at the tapas, close to the pool of the Ocean Club, where they reserved a table for nine persons;

The dinner started at around 20:30h/21:00h and prolonged until 24:00h;

By the inexistence or lack of knowledge of the parents about a supervising service for children ove the period of the dinner, they took turns on supervising going to the apartments every half an hour, aproximately;

This supervising was developed either by the parents or by the other, in this last case, just passing by the windows of the rooms and listening if there were cries;

This has the wrong date on, Admin.

HISTORIC

On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz – Lagos, four british couples and the mother of one feminine element of those.
The travelling and the staying of the group was organized in the Uk through the Mark Warner’s Agency, the same that on the previous year had organized a travel to Greece.
The returning should occur on May the 5th.
Every couple had children with ages below 4.[/quote]

[faithlilly]

That's a rather simplistic get-out response don't you think?   So who is lying, the entire Smith family or the entire tapas bar including the waiters?

Gerry was sat down enjoying his main course at 10pm and everybody confirms this so it couldn't have been him that the Smiths saw many streets away.

None of the waiters categorically put McCann at the tapas table at 10pm.

[John]

Also from the same document...

SVETLANA

-------  STARIKOVA VITORINO (Russian citizen, with the telephone No "96635 ####) - kitchen assistant:
- Said that, yesterday, one individual, purportedly the father of the missing, left the dinner table where a group of friends (in number 8 or 9), for about 30 minutes. After having returned, a woman whom she believed to be his wife, also left the table, there having passed a few moments, all the guests left the table in question, except one elderly lady, who told her [Svetlana's] colleagues that that child had disappeared.
- During the time that she was working yesterday (between 14:30 and 23:00) she did not see any individual with blonde "rastas".

[John]

also the statement of...

--------- JOAQUIM JOSE MOREIRA BATISTA (residing at Rua Ilha Terceira, no. 15, Lagos, Telephone No 91 277 ####) - table employee [waiter].
- Of the group of 8/9 British citizens who dined at the restaurant last night, as usual, of which the parents of missing were part (he didn't know them) he noticed that two individuals left the table, of the male gender.
- The first to leave was about 40/45 years old (tall, skinny, white complexion, with large [a full head of] hair of color gray) and the period of his absence was about 15 minutes, being that they had to [re-]heat his food, which had cooled;
- The second to leave (about 40/45 years of age, having the physical characteristics of the first, but having less bulky hair) did so for about 30 minutes, and that shortly after he returned, all left the table, except for an elderly person, who told him that a child had disappeared, the daughter of a member of the group, due to which he thought that the second person to leave could have been the father of the child;
- Of the times in which this group had dined in that bar it is [was] often [for] someone from the group to go to check at the apartments the state of the children (their offspring) who were sleeping there.

The second being Gerry McCann.

[John]

So lets see, did I remember someone stating that none of the waiters corroborated their story?  hmm.. 

[Luz]

Finally somebody here has started to read the files. 


But you have to keep on... that's not enough or the most relevant.

[Meadow]

''Do I really need a baby monitor?

Baby monitors give you a visible and audible way of keeping a check on your baby, without being in the room. They provide peace of mind where a healthy baby is concerned, rather than actual safety. Baby monitors should be used as an aid and not as a substitute for responsible and proper adult supervision.''

From the Q & A page on this site:  http://www.which.co.uk/baby-and-child/child-safety-at-home/reviews/baby-monitors/page/faqs/

You'll find the same sort of thing written about child safety gates.


But alarms and the Time line checking within the bounds of responsible parenting is really all very irrelevant.

Since according to the timeline, Madeleine and the children were actually in the supervision of their father at the time.  Since it was WHILST he was checking, either slightly ahead of him & hiding in the apartment, or breaking in via the shutters & unlocked window, or having a duplicate key, whilst he stood outside chatting with a fellow tennis player, this was witnessed at approx 9.20 pm by Jane Tanner as the abductor carry off Madeleine, as it would seem within the area of the road.

One might wonder why in the time frame of the checking why it was Madeleine wasn't noticed missing at the 9.30 ish check by MO who also failed to noticed anything untoward about the apartment.  After all this is part of the consideration that responsible checking was checking place.

Much might really point to her disappearance after this check, but where does that leave JT's sighting.

[John]

And another waiter, Stefan Kotsev Todorov reported...

He said that one week before the incident, there had been a robbery (assault) in a room in the lots next to the restaurant, a fact he knows from his colleagues.