On the other hand according to the report it was established that, at the time of the Smith sighting, Gerry was at the Tapas Restaurant.
The Final Report is not 'the ultimate truth'. It says;
witness alleged that she had seen GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM terminal, at around 2.26 p.m. on the 7th of May 2007. According to the witness, the father of the minor was talking on the phone, saying "donít hurt Madeleine, please". She was not peremptory in affirming that it was GERALD McCANN. It seems unlikely to us that it was GERALD, given the fact that on that day, he only activated antennas in Praia da Luz, adding to the fact that, at around 2.16 p.m., he activated an antenna in the centre of Praia da Luz, which we consider to make it impossible that he was present in Lagos ten minutes later.
It may be unlikely that Gerald was in Lagos on 7th May, but it is certainly possible because it's possible to make the journey in 11 minutes and it's also possible that he left his phone in PdL and was speaking on his Portuguese PAYG phone.