Dianne Webster's statement is good enough for me, she had no reason what so ever to lie to the police.
A waiter saw Gerry looking for Madeleine not long after 10 ' clock too, he would have to have hidden Madeleine pretty quickly to have got back to the Tapas Bar to be seen by the waiter. How on earth could he have hidden Madeleine where no one could find her in that short time and get back to be seen looking for Madeleine?
How do you know Dianne Webster's timing is accurate?
When, exactly was "Smith Man" seen? 9:50pm? 9:55pm? It's 5 minutes walking from the tapas bar to the smith sighting point and and significantly less jogging/running. Maybe another minute or so to the area at the top of the rocks where the local small boats are kept. More than enough time for a fit man who liked jogging to get back from that area to the Tapas bar and be seen "shortly after 10" if the waiter's timing is accurate even.
This is the problem - none of the timings are accurate, they're all estimates, aren't they? If there was only a tapas bar cctv or something then the timings would have been verifiable. There wasn't, so the timings all have to be treated as potentially inaccurate.
I'd therefore venture that it'd perhaps be misleading/disingenuous to treat only those that suit a particular version of events (from either side) as being accurate timings, wouldn't you?
Therefore, it's impossible to say Gerry McCann was - or wasn't - at the tapas bar at 10pm?