The child gate located at the top of the steps.

[G-Unit]

Not hearsay at all - the above statement was based on the witness statement of the employee who actually made the calls. 


Helder Jorge Samaio Luis, receptionist

"He knows about the situation that happened at the Ocean Club concerning the disappearance of a little given that on the day in question (03/05/2007) he was on duty and was contacted by a member of staff from the Tapas Restaurant between 09.30 and 22.00 who informed him that the daughter of some guests who were dining there had disappeared. That he immediately contacted the GNR in Lagos, shortly after this the child’s father and John Hill arrived at the reception and he phoned the GNR again."

Vitor Manuel dos Santos, Head of accommodation

With regard to the date of the disappearance on 3rd May 2007, he remembers that at 22.00/22.15 he received a phone call from the reception, from receptionist Helder, who told him that John Hill was extremely agitated as a child had disappeared and that the GNR had been contacted but had not arrived yet. He added (the receptionist) that he had phoned the GNR post several times and that he had been told that they would arrive when they could but that they were investigating a theft in Odiaxere. The receptionist asked the witness whether he should contact the PSP, to which the witness replied no as this area belongs to the GNR.

End quote.

Not a hint anywhere in those two statements that the first call was not actually made until 10.41 but a clear indication that the first call had been made between 10 and 10.15.

Just goes to show the fallibility of memory and although I'm sure both witnesses told the truth as they remembered it - they were both obviously wrong about the time of the phone calls.   Another reason IMO why the   information in witness statements cannot be relied on to be accurate.

The PJ used their investigative skills to show that witness statements can be shown to be wrong. The reason why is unknown, we can speculate but that doesn't add any truth. A site dedicated to exposing myths should ensure that they have fully examined the evidence available, don't you think?

[pegasus]

I don't recall the time of the first call to police having anything to do with the stairgate for up to 24-month olds.

[G-Unit]

It has nothing to do with it. Someone quoted a site dedicated to exposing myths which is supposed to demonstrate that all three checkers used the unlocked patio doors to enter and exit the apartment. The first statement by Gerald Mccann says he and Kate used the locked front door. If that statement was correct then only one person  entered via the patio door.

[pegasus]

It has nothing to do with it. Someone quoted a site dedicated to exposing myths which is supposed to demonstrate that all three checkers used the unlocked patio doors to enter and exit the apartment. The first statement by Gerald Mccann says he and Kate used the locked front door. If that statement was correct then only one person  entered via the patio door.

IMO it was easily possible for a child to go out that safety gate whether locked or unlocked. But easily possible does not mean it happened. The instinctive behaviour upon the shutter and window north of bed being opened from outside is obvious to go south out of room. But maybe not as far as balcony and safety gate?

[G-Unit]

IMO it was easily possible for a child to go out that safety gate whether locked or unlocked. But easily possible does not mean it happened. The instinctive behaviour upon the shutter and window north of bed being opened from outside is obvious to go south out of room. But maybe not as far as balcony and safety gate?

If the sound of the shutter and window being opened wakened Madeleine, why wouldn't it wake the twins who were nearer?

[mercury]

IMO it was easily possible for a child to go out that safety gate whether locked or unlocked. But easily possible does not mean it happened. The instinctive behaviour upon the shutter and window north of bed being opened from outside is obvious to go south out of room. But maybe not as far as balcony and safety gate?

So how does that square with the applauded heriberto theory that the child would go towards that sound  and be lifted out of the window?

Do you agree with heribertos theory? forgetting for the moment that no forensics existed surrounding a child being dragged through the window

[pegasus]

If the sound of the shutter and window being opened wakened Madeleine, why wouldn't it wake the twins who were nearer?

answered on window thread

[pegasus]

A test for you armchair detectives. Here is a photo of the stairgate on 04 May 2007.
Q. Describe, in three words or less, the status of the stairgate at the moment this photo was taken.

[misty]

A test for you armchair detectives. Here is a photo of the stairgate on 04 May 2007.
Q. Describe, in three words or less, the status of the stairgate at the moment this photo was taken.

Ajar, handle unlocked.

[pegasus]

Ajar, handle unlocked.

Very good Misty you understand how the blue lever works.
But it is ajar by a gap of 0mm therefore it is:
Closed but unlocked

[Brietta]

Very good Misty you understand how the blue lever works.
But it is ajar by a gap of 0mm therefore it is:
Closed but unlocked

Well done you two ... I can't even see the gate never mind its position.

[misty]

Very good Misty you understand how the blue lever works.
But it is ajar by a gap of 0mm therefore it is:
Closed but unlocked

I may be wrong, but when I zoomed in on the photo, the bottom left of the gate looked further back than the bottom right judging by the paving at the bottom and it seemed to be open a good 6 inches....unless it's my eyes.

[pegasus]

Well done you two ... I can't even see the gate never mind its position.

BTW the source is 0m35s into the second video on http://www.mccannfiles.com/id121.html
This proves that it is possible for the stairgate to be closed but unlocked.

A document in the files states that when KM arrived to do the 10pm check the stairgate was "probably closed". That is not enough information, because even if it was closed, we need to know the completely seperate and missing bit of important information - was it locked? 

[misty]

BTW the source is 0m35s into the second video on http://www.mccannfiles.com/id121.html
This proves that it is possible for the stairgate to be closed but unlocked.

A document in the files states that when KM arrived to do the 10pm check the stairgate was "probably closed". That is not enough information, because even if it was closed, we need to know the completely seperate and missing bit of important information - was it locked?

A document also in the files states that when MO checked at 9.35 the stairgate may have been open.
SY will no doubt have tried to clear up these issues which the PJ failed to clarify when memories were much fresher. At no point does MO seem to have been formally asked the relevant positions of the side gate, the safety gate & the patio door upon entering & after exiting 5a.
If the safety gate was unlocked when KM did her check - it may not have registered in her mind, or she may have no recollection at all because of the shock almost immediately afterwards.

[pegasus]

A document also in the files states that when MO checked at 9.35 the stairgate may have been open.
SY will no doubt have tried to clear up these issues which the PJ failed to clarify when memories were much fresher. At no point does MO seem to have been formally asked the relevant positions of the side gate, the safety gate & the patio door upon entering & after exiting 5a.
If the safety gate was unlocked when KM did her check - it may not have registered in her mind, or she may have no recollection at all because of the shock almost immediately afterwards.

Yes same document Misty and it was written by the T9 themselves.

I sometimes wonder if any of the 5 SIOs who were or are on this case looked at small important details like the make and model the stairgate was or know how it works, how to lock it, how to unlock it. The instruction book is clear - closed does not equal locked. And if it wasn't locked it would provide no obstacle at all to a child.

Why would anyone bother locking it anyway if they were so sure a child wouldn't wake and wander?