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?
I think you have to look at the crime scene as a whole.
At the front of the property there was reportedly a closed door & an open window/shutter.
At the rear of the property there was a closed side gate, a stairgate in an unconfirmed position & a closed patio door.
Madeleine's shoes were near the front door, her(?) pink jacket was over the back of the dining chair.
The front suggests an intrusion of some sort.
The rear appears undisturbed.
There appears no sign anyone left in a hurry.
There appears no sign a controlled & untroubled child consciously left the premises to look for her parents.
Why lock the gate at all? Habit/just in case.
Were the McCanns asked if Madeleine could open the safety gate on her own?
Why didn't the additional gate dissuade an intruder from attempting to enter via the front & exit via the rear?