I had posted this in the VIDEO thead but felt the information should be availale in this thread also.
The Tavares Intercalary Report was written during the investigation on September 10th 2007 a couple of days after the McCanns were declared Arguidos (suspects) and the day after they returned to UK.
A portion of it with illustrations can be seen on this thread:
From the OFFICIAL PORTUGUESE POLICE FILES (and more)
http://miscarriageofjustice.co/index.php?topic=1085.0 (http://miscarriageofjustice.co/index.php?topic=1085.0)
It was based on the details of the investigation until that point.
From what I understand, Portuguese law requires after, 8 months (with approved 3 month extensions) Arguido status to be lifted or the Arguido charged with the crime.
On 21st July 2008 the Public Prosecutor issued his Archiving Dispatch Final Report a 57 page summary can be seen here (voluntarily translated by 'astro', 'debk' and 'JM' )
The PJ's Final Report, 57-page summary, 21 July 2008
http://www.mccannfiles.com/id136.html (http://www.mccannfiles.com/id136.html)
It appears that a decision had to be made whether to charge the Arguidos or whether to shelve the case.
The PJ had requested that the McCanns and their friends return to Portugal for a RECONSTRUCTION which could have helped them establish the timeline of that night and ultimately removed doubt about the inconsistent statements. The McCanns and their friends have, to date, refused to comply. ('chose not to attend')
Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.
We believe that the main damage was caused to the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified.
in: Processo 201/07.0 GALGS - Volume XVII - pages 4636-4638 (Public Prosecutor's Archiving Dispatch)
There are two things to keep in mind here.
A reconstruction MAY have helped establish some details that could have helped in the SEARCH for Madeleine, so WHY did the refuse?
RECONSTRUCTION: Why McCanns and Tapas 7 won't participate.
http://www.youtube.com/watch?v=ugXW5LD32Sg (http://www.youtube.com/watch?v=ugXW5LD32Sg)
They subsequently returned to Portugal to create their own reconstruction for Channel 4. For unknown reasons the actress chosen to play 'Kate' was never used. WHY did they choose NOT to assist the Portuguese police in the investigation?
McCLIP: 'Kate' Actress not used in McCann Documentary...WHY?
http://www.youtube.com/watch?v=VKcQkNsPT64 (http://www.youtube.com/watch?v=VKcQkNsPT64)
Partially because the McCanns had refused to help the investigation, the decision was made to 'shelve' the case pending new evidence. (I believe a reconstruction could be classified as new evidence)
The McCanns had the opportunity to have prevent the investigation being shelved but they chose not to use that option.
They STILL have the option of applying officially to the Public Prosecutor to reopen the case but for reasons unknown they have not used that option either They wanted a 'Review' instead at a cost to taxpayers of approx £4,000,000!
Kate also refused to answer 48 questions which, regardless of whether her lawyer suggested she didn't answer, MAY have helped with the investigation.
The ONE question she did answer was this..
Q. Are you aware that in not answering the questions you are jeopardising the investigation, which seeks to discover what happened to your daughter?
A. 'Yes, if that’s what the investigation thinks.'
These are the questions:
1. On May 3 2007, around 22:00, when you entered the apartment, what did you see? What did you do? Where did you look? What did you touch?
2. Did you search inside the bedroom wardrobe? (she replied that she wouldn’t answer)
3. (shown 2 photographs of her bedroom wardrobe) Can you describe its contents?
4. Why had the curtain behind the sofa in front of the side window (whose photo was shown to her) been tampered with? Did somebody go behind that sofa?
5. How long did your search of the apartment take after you detected your daughter Madeleine’s disappearance?
6. Why did you say from the start that Madeleine had been abducted?
7. Assuming Madeleine had been abducted, why did you leave the twins home alone to go to the ‘Tapas’ and raise the alarm? Because the supposed abductor could still be in the apartment.
8. Why didn’t you ask the twins, at that moment, what had happened to their sister or why didn’t you ask them later on?
9. When you raised the alarm at the ‘Tapas’ what exactly did you say and what were your exact words?
10. What happened after you raised the alarm in the ‘Tapas’?
11. Why did you go and warn your friends instead of shouting from the verandah?
12. Who contacted the authorities?
13. Who took place in the searches?
14. Did anyone outside of the group learn of Madeleine’s disappearance in those following minutes?
15. Did any neighbour offer you help after the disappearance?
16. What does 'we let her down' mean?
17. Did Jane tell you that night that she’d seen a man with a child?
18. How were the authorities contacted and which police force was alerted?
19. During the searches, with the police already there, where did you search for Maddie, how and in what way?
20. Why did the twins not wake up during that search or when they were taken upstairs?
21. Who did you phone after the occurrence?
22. Did you call Sky News?
23. Did you know the danger of calling the media, because it could influence the abductor?
24. Did you ask for a priest?
25. By what means did you divulge Madeleine’s features, by photographs or by any other means?
26. Is it true that during the searches you remained seated on Maddie’s bed without moving?
27. What was your behaviour that night?
28. Did you manage to sleep?
29. Before travelling to Portugal did you make any comment about a foreboding or a bad feeling?
30. What was Madeleine’s behaviour like?
31. Did Maddie suffer from any illness or take any medication?
32. What was Madeleine’s relationship like with her brother and sister?
33. What was Madeleine’s relationship like with her brother and sister, friends and school mates?
34. As for your professional life, in how many and which hospitals have you worked?
35. What is your medical specialty?
36. Have you ever done shift work in any emergency services or other services?
37. Did you work every day?
38. At a certain point you stopped working, why?
39. Are the twins difficult to get to sleep? Are they restless and does that cause you uneasiness?
40. Is it true that sometimes you despaired with your children’s behaviour and that left you feeling very uneasy?
41. Is it true that in England you even considered handing over Madeleine’s custody to a relative?
42. In England, did you medicate your children? What type of medication?
43. In the case files you were SHOWN CANINE forensic testing films, where you can see them marking due to detection of the scent of human corpse and blood traces, also human, and only human, as well as all the comments of the technician in charge of them. After watching and after the marking of the scent of corpse in your bedroom beside the wardrobe and behind the sofa, pushed up against the sofa wall, did you say you couldn’t explain any more than you already had?
44. When the sniffer dog also marked human blood behind the sofa, did you say you couldn’t explain any more than you already had?
45. When the sniffer dog marked the scent of corpse coming from the vehicle you hired a month after the disappearance, did you say you couldn’t explain any more than you already had?
46. When human blood was marked in the boot of the vehicle, did you say you couldn’t explain any more than you already had?
47. When confronted with the results of Maddie’s DNA, whose analysis was carried out in a British laboratory, collected from behind the sofa and the boot of the vehicle, did you say you couldn’t explain any more than you already had?
48. Did you have any responsibility or intervention in your daughter’s disappearance?
A QUESTION SHE DID ANSWER
Q. Are you aware that in not answering the questions you are jeopardising the investigation, which seeks to discover what happened to your daughter?
A. 'Yes, if that’s what the investigation thinks.'
MCMINUTE: Why didn't Kate McCann answer these 48 QUESTIONS?
http://www.youtube.com/watch?v=jBE_fM8Sd1I (http://www.youtube.com/watch?v=jBE_fM8Sd1I)
I believe it can be clearly seen why the Portuguese Public Prosecutor could do no more than to archive the investigation.
Had the McCanns COMPLIED with the reconstruction and answered the 48 questions they could have helped the investigation and shown their innocence and helped in the SEARCH for their daughter. They DIDN'T!
The Public Prosecutor needed more evidence and the Portuguese law gives a limited time for anyone to remain Arguido.
The case was SHELVED and the Arguido (suspect) status was lifted and the OFFICIAL POTUGUESE POLICE FILES were released.
However, there was a FURTHER OPTION....
They could have been declared INNOCENT....but they weren't. WHY?
(http://i778.photobucket.com/albums/yy69/HiDeHo1/Madeleine%20private/lusa_zpse5031c25.jpg)
But therefore we do not possess any minimally solid and rigorous foundation in order to be able to state, with the safety that is requested, which was or were the exact and precise crime(s) that was or were practised on the person of the minor Madeleine McCann – apart from the supposed but dismissed crime of exposure or abandonment – or to hold anyone responsible over its authorship.
(...)
Nevertheless, anyone who feels unsatisfied about the epilogue of the investigations, will have the possibility to react against it, having the possibility of eventually changing that epilogue, by prompting diligences based on new evidence, as long as that person has the legitimacy to request them and the requested diligences are serious, pertinent and consequent. They may do so in three ways: by requesting the reopening of the inquiry, under article 279, number 1 of the Penal Process Code; by appealing hierarchically against this dispatch under number 2 of article 278, or in another case, under number 2 of article 279 of the Penal Process Code, or by requesting the opening of the instruction under article 287, number 1, item b, of the Penal Process Code.
Finally, it should be noted that an archiving decision may be a fair decision, although of the possible justice, and, especially, to underline heavily that the archiving of the present files does not equal a definite and irreversible closing of the process. This process, as long as the prescription deadline for the possibly committed crimes does reach its term, and if new evidence that justifies it, appears, can always be reopened, officiously or through the request of an assistant, again ordinate to a final decision of accusation or non accusation.
Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:
(...)
b) The archiving of the Process concerning arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.
Article 277 number 3 of the Penal Process Code is to be fulfilled.
Under article 214 number 1 item a) of the Penal Process Code, the coercion measures that have been imposed on the arguidos are declared extinct.
Portimão, 21.07.08
The Republic's Prosecutor
(José de Magalhães e Menezes)
The Joint General Prosecutor
(João Melchior Gomes)
in: Processo 201/07.0 GALGS - Volume XVII - pages 4639-4649 (Public Prosecutor's Archiving Dispatch)
The OFFICIAL PORTUGUESE POLICE FILES (translated)
http://www.mccannpjfiles.co.uk/ (http://www.mccannpjfiles.co.uk/)