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...between the McCann couple and their friends, and other phone numbers, which have shown to be related to events of May 3 2007 evening, the minutes are delivered to the Judge of Criminal Investigation (JCI)”. (12)
11. In page 3170 of the criminal investigation, on 3/12/2007, the JCI of Portimão issued a decree in which he stated particularly this:
"Since the investigation, in these autos, concerns the practice of kidnapping, homicide, exposure or abandonment and concealment of corpse, the first three crimes being punished with a sentence of more than 3 years imprisonment, and since it seems convenient to identify the person who exhibited suspicious behaviour in the vicinity of the place where the child disappeared from, as mentioned in statements of folios 3150, 3154 and sq, the data requested by the public prosecutor being thus very important to discover the truth, I order (...) the soliciting telecommunications operator Portugal Telecom.".
12. The defendant Gonçalo Amaral was, until 2/10/2007, the PJ inspector in charge of coordinating the investigation into the disappearance of the applicant Madeleine McCann.
13. The defendant GA is retired from the PJ since 1/7/2008 (n° 19).
14. On 21/7/2008, the Republic General Prosecutor informed through a "note for the social communication" that the investigation mentioned in 5. would be shelved and could be reopened at the instigation of the Public Ministry or at the request of any interested party, if new evidence brought forth serious, relevant and consistent inquiries (n° 20).
15. The archiving dispatch concerning the criminal investigation, issued the 21/7/2008 by the prosecutor, says in particular this :
"Taking into account that certain points in the formal suspects' ('arguidos') and witnesses' statements revealed contradiction, at least apparently, or lacked physical confirmation, it was decided to carry out the "reconstitution of the fact", an operation that is consecrated in article 150 of the Penal Process Code (CPP) (13) in the sense of duly clarifying, on the very location of the facts, the very important following details, among others :1) The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. From our perspective it is strange that neither Gerald McCann nor Jeremy Wilkins...