80 to 82 Witness statement
of Russell James
TRANSLATION BY ANNA/ALBYM
01-Processo 01-page 80 to 82
Russell O'Brien's Statement
04/05/07 @ 09.45pm
The interview begins at 9.45pm on May 4th 2007. Being a British
citizen and not understanding Portuguese, in written or spoken
form, the informant is accompanied during his statements by a
sworn translator: Filipa M.
The informant completely corroborates the statements by his
partner Jane Tanner and Rachael Mampilly, interviews taken by
the signatory to the present document, J.C., police inspector,
concerning the journey, the make-up of the group and the usual
routines of the adults and children of the group, of which the
informant is part, at the Ocean Cub, he states that:
Apart from his partner, he is on holiday with their children
**** O'Brien, aged three years and **** O'Brien aged one year.
He works as a doctor. He is a colleague of (Gerry) McCann,
having worked together for six months. His partner became
pregnant around the same time as Gerry's wife. The informant's
daughter, ****, and Madeleine Beth McCann are more or less a
month apart in ages. **** and Madeleine go to the same room at
the Kids Cub, near the reception. The staff are Cat and another
person named Emma.
Until yesterday, May 3rd 2007, he has no knowledge of anything
suspicious or strange happening around the group of friends or
their children. Everybody seemed normal to him from the cleaning
staff, to the gardeners, to the rest of the employees of the
complex. Also on the beach, he never noticed anything strange or people
who could have been thought of as strange enough to attract his
Yesterday, as his daughter **** was feeling ill, the informant
dropped **** (his other
daughter!) at the Kids Club at around 10am after
breakfast. He completely corroborates his partner Jane Tanner's
statements for the rest of the day.
At around 7.15/7.30pm, the informant went back to his apartment.
He read stories to his daughters, including **** who was feeling
better. His partner, Jane, went to have dinner at the "TAPAS"
restaurant at around 8.30pm and he went there at around 8.45pm.
When he arrived at the restaurant, nearly all the adults were
present, without children, with the exception of David, Fiona
and Diane. They arrived more or less 5 minutes later.
At around 9pm, they had all ordered their meals. While they were
eating, it was normal that every 15 minutes, one person from
each apartment would go to the apartments/bedrooms make sure the
children were ok.
Yesterday, as **** was not well, the interval between checks was
reduced. He recalls that Matthew Oldfield left the restaurant at
shortly after 9pm to check the children. He is no longer sure
who went out first, but five minutes later, Gerry McCann and his
own partner, Jane, went out, almost at the same time, to check
the children. Jane could have come back first because she found
Gerry chatting with a person who is also a guest in the same
place, named Jez. He thinks that Jane only checked their
apartment, being worried about ****. Then Gerry came back at
around 9.25/9.30 and they started to eat the first course.
At around 9.35/9.40, taking advantage of the lull
before being served with the first [main] course, the informant left the restaurant with Matthew to check
the children. When he got there, his daughter **** was crying.
He stayed in her bedroom with her. He supposes that Matthew
checked his apartment. Matthew returned to the restaurant five
minutes after leaving it. His partner came to take his place in
****'s bedroom around 15 minutes later after finishing dinner.
At around 9.55, he went back to the restaurant where his food
had been waiting for 5 or 10 minutes. All the other adults had
At a round 10pm, Kate Healy went out to check her children in
her apartment. When she came back, she came towards our table,
shouting that Madeleine had disappeared. They all went out,
running, and he with a few more people decided to look around
the apartment blocks, and in their own apartments, to see if
they could find Madeleine. In the personal search that he did
following the disappearance he did not manage to identify any
suspect item/person/object. When it seemed to them that possibly
she didn't have to be in the immediate surrounding area they
widened the search area having the same fruitless result.
not know who called the police.
No more was said ...."
934 to 941 - Witness
statement of Russell
J. O'Brien 2007.05.11
942 - Consent for mouth swab
of Russell J. O'Brien
TRANSLATION BY INES
Volume IV, pgs. 934 to 941
I, Volume 1 page
case: Russell O'Brien's interview 11th May 2007
Name: Russell James O'Brien
Presiding officer: Maria Jose Ramos, Inspector
Executing officer: Joao Carvalho, Inspector
- Is assisted by interpreter Alice Dias Avakoff
- Confirms in the integrity of his previous declarations which
correspond to the truth
- Questioned how he came to know the elements of the group which
accompanied him on holidays, states that he has known David
Payne since 1989, having frequented the same University where
they both studied medicine. He also worked with him in the same
hospital even though in different specialities. He got to know
Fiona through David Payne, a couple that married four years ago,
with the deponent serving as the couple's best man
- He got to know Matthew Oldfield in 1994, as they were both
doctors. They became friends and Russell served as Matthew's
best man at his marriage to Rachel Mampilly in 1999
- He got to know Gerald (Gerry) McCann more recently, in 2002 or
2003, given that Gerry was also a doctor. The contact between
them was established by the Payne couple. The four couples get
together when they have an opportunity but, as they live certain
distances from each other, they seize the opportunity to get
together during holiday periods. All the couples have children
of roughly the same ages, which is also a factor in their
- Questioned if anyone of them has had problems related to their
profession, given that all the men of the group are doctors, and
also Fiona Payne and Kate Healy, the deponent states that for
his part and from what he remembers, there has never been a
situation of this kind. However, he remembers that Matthew
Oldfield did experience a situation which consisted of a
patient's family member accusing the team lead by Matthew of the
untimely death of his patient. This family member accused the
team of making a late diagnosis which resulted in the death of
said patient. He has no other knowledge of any threats made
against Matthew Oldfield or his medical team except for this
case which was formally lodged in the hospital where his team
worked. He has no knowledge of any similar situation having
happened with Gerry or with Kate.
- Questioned whether problems exist between the couples, between
each couple or with third parties, be these questions of
professionalism or sentimental ones, or vices, states that he
does not know of any. Each couple has been together for many
years and one of the points they have in common, is that there
is an understanding between each couple and the couple between
themselves. When he has the opportunity of meeting up with them,
they pass time together, conversing and playing activities
together, for fun. Clarifies that the couple with who has done
this less is the McCanns, but he also has no knowledge of any
strange or complicated situation. He has no knowledge of vices,
drugs and/or games, on behalf of anyone in the group.
- Questioned, states that this was the second time that the four
couples came together (the first was at David and Fiona's
marriage, in Italy), although he has already vacationed with two
or three couples, but not with the group presently in Portugal.
He remembers that, in September of 2005, three couples,
excluding the deponent and his wife, went on holiday to Mallorca
and that they did not accompany them as Jane tanner was in the
final stages of pregnancy. They travelled together, as did the
other couples, to David and Fiona's marriage, which occurred in
- These holidays were combined between themselves, and it was
David and Fiona Payne who organised the details. The deponent
and his companion Jane tanner travelled with Matthew and Rachel
and their respective children on the plane given the tourist
package that they had organised initially. Because he does not
know, he cannot say who took care of the details but believes
that it was David Payne who took care of the major part of the
formalities with the agency.
- Because they travelled at different times, the four couples
only came together at the Ocean Club resort to have dinner
around 18H00 in the Milenium Restaurant which is located inside
the resort. As he remembers, when the travel was booked, the
apartments of the four couples were located close to each other
in the same block, to make it easier to check on the children.
The Milenium Restaurant habitually served food after 19H30 -
except on Saturdays. Guests, who normally arrived on Saturday,
do not have to have a previous booking - this time was late for
the children, and thus they opted to have dinner, after that
day, in the Tapas Restaurant. That restaurant is situated next
to the pool, in the patio areas of the block of apartments where
they found themselves lodged. The deponent furthers that the
daughters of David and Fiona Payne are very agitated, and that
they preferred to be the closest possible to the apartment. All
the couples agreed, without objections.
- The deponent clarifies that, when they were on holiday in
Greece via a booking with Markwarner, they verified that they
had available a type of service called 'baby listening',
clarifying that it consisted of leaving the children asleep, at
home, while the parents went out to dinner, with the checking of
the children carried out by nannies, who would listen close to
the room windows, to hear if the children were crying,
immediately informing the parents, if there was a problem. He
explains that Markwarner makes this service available in Greece,
but that in Portugal it is not; a fact that they came to know
when they made their bookings. In the Luz Ocean Club, a
baby-sitter service is offered so that the adults can dine. This
service is free. However, the children do not stay at home, but
in the creche installations. The nanny service costs around 15
euros per hour and functions until 01H00. In this case, they
opted for a type of vigilance of the children like that they
experienced in Greece. They thought that, given the number of
adults present, it would be easy to carry out. Sporadically,
when someone would get up, they would offer to go and listen for
other couple's children, next to the window of their rooms.
Questioned, the deponent clarifies that the Payne couple did not
get up as they had a baby monitor on the table, that they
considered sufficient and did not consider is necessary to
personally check on the children. States that he does not know
how many times each member of a couple got up to check on their
respective children, and that he and Jane Tanner found it more
convenient to check on their own children.
- Because he is asked, states that he went to the apartment of
the McCann couple once but does not remember if he was asked to
go or went of his own accord. He furthers that he did not know
if the glass sliding doors were locked or not but that probably
Gerry told him on this night to enter his apartment to check on
the children. The deponent explains that for him and his spouse,
this system was secure and effective and each couple would check
on their children every 15/30 minutes. For his part, he
guarantees that all the doors and windows were closed and
locked, explaining that the windows and the glass sliding doors
can only be open and closed via the interior of the apartment.
As he understood, only Gerald and Kate used the system of
entering through the sliding doors, as this was easier. They
stayed in the apartment closest to the pathway and there was a
corridor in the back area that gave access to the stairs. The
rest of the elements of the group went via the passage-way,
until the corner and would enter through their front doors. When
the carried out the audio checks, they would position themselves
near the windows and would try to hear if noise was coming from
inside or crying.
- Questioned regarding his routine during the holidays, he
confirms in all of his previous declarations and that his
version is absolutely in line with his companion's Jane Tanner.
He also verifies in the total conformity between his
declarations and those of Jane Tanner regarding the holiday
trip, of the constitution of the group and of the daily routine
of the adults and the children which accompanied this group in
the tourist complex, the Ocean Club, in Praia da Luz-Lagos.
- Until the past Thursday, 3rd of May 2007, he has no knowledge
of any strange/suspicious happenings in the group of friends or
with the children. Everything to him seemed normal, from the
cleaning staff, gardeners, and the rest of the functionaries of
the complex. He also saw no strange people on the beach who
looked of a suspicious nature.
- Questioned, states that no one from the group used a vehicle,
particular or rented and that they went everywhere in Praia da
Luz on foot.
- He made note of the activities on the 3rd of May p.p.. This
note consists of all the facts presented, of his activities and
those of the group. They are in accordance with the version
already represented by his wife, Jane Tanner.
- Regarding the night period, affirms that, on this day, around
19H15/19H30 he went to his apartment. Told his daughters some
stories, having stayed with Evie O'Brien, who was a little
better but had a hard time sleeping. Meanwhile, his companion
Jane went to dinner in the restaurant the Tapas around
20H35/20H40 with the deponent going around 20H45. As the menu
was always the same, the group already knew what plates made up
the menu, for this reason the deponent told his wife what he
wanted, and that she place the order, while he tried to put Evie
- When he arrived at the restaurant, all the adults were there,
without the children. David and Fiona were missing and Dianne
Webster. They arrived more or less 10 minutes after.
- Around 2100 they ordered dinner.
- As was normal, in more or less every 15/30 minutes, one person
from each apartment would go to the apartments/rooms to check on
the children and if they were well. On that day, as Evie O'Brien
was ill, this time was reduced.
- He remembers that Matthew Oldfield left the restaurant, around
21H00, having gone to the apartments to ensure that no noise was
coming from within.
- He is not sure who left first. But has the notion that, about
five minutes after, Gerry McCann went to check on his children.
Around 5 or 10 minutes after Gerry McCann had left, the
deponent's companion, Jane Tanner, also left, to check
personally on how her two children were doing. He does remember
is Jane or Gerry arrived first but remembers that Jane commented
on having passed Gerry on the road, and that he was talking to
another guest in the same locale, named Jez.
- Around 21h25, taking advantage of a pause in the service of
the first plate, the deponent left the restaurant with Matthew
Oldfield to check on the children. He arrived at his apartment
and immediately heard his daughter Evie crying and stayed in the
apartment. He believes that Matthew Oldfield went to his
apartment, and is not aware if he was going to also check on the
McCann children and went to the deponent's apartment and asked
him if he needed help.
- Matthew Oldfield returned to the restaurant, having told Jane
Tanner that the deponent stayed behind with Evie O'Brien because
she was crying.
- The truth is that after the crying, the deponent had to change
all the sheets and his daughter's clothing as she had vomited.
- His companion came to change places with him 15 minutes after
and told him to go finish dinner.
- Around 21H55, he returned to the restaurant, having stayed
there for 5/10 minutes waiting to be served his plate. At this
point, all the others had already finished eating.
- Around 22H00, Kate Healy left to check on the children in her
apartment an returned in desperation, entered the restaurant
screaming, in the direction of the table where the group was
seated, affirming that Madeleine McCann has disappeared.
- All of them left, except Dianne Webster, and the deponent with
some other people decided to start looking around the apartment
blocks, and in the apartments, to see if they could find
- In the searches they carried out, after the disappearance,
they did not identify any element/person/or suspicious object.
- Because he is asked, states that he cannot describe the state
of the children's room after the disappearance of Madeleine
McCann, because he never entered there. When they were alerted
to the situation, they immediately left the table, and the
deponent immediately began searching the immediate areas,
heading towards the village and the beach zone.
- Questioned regarding if he noticed whether the blind to the
children's room was up or down, states that he cannot answer
because he did not look. He remembers that when he went to check
on his children, together with Matthew Oldfield, they were
talking and did not look to the windows.
- Questioned whether he knows if Matthew Oldfield went, or not,
to check on the McCann children, he states that he does not know
as he stayed with his daughter Evie Obrien in the apartment,
but heard, after, a comment that he was supposed to have gone,
but that in the checking, he went to the outside of the door to
the room, saw the twins, and not Madeleine McCann's bed, which
was situated at an angle which did not give him visual contact.
- States that he has no suspicion to present, and doe not
remember any detail of situation that could be related to the
disappearance of little Madeleine McCann.
- States that he does not remember any discussion between any of
the couples, or any other element of the group with him, nor
equally between any of the group with a third-party.
- The deponent remembers only one episode, that for him did not
have any importance, but that, given the circumstances, make him
relate it. States that between the activities of tennis and
others on the beach, he took notice of an individual who he only
knows as NIGEL - a British individual, married, and with a
daughter of 3 years whose name is Ixxx. He had trivial
conversations with him. On the day of the disappearance of
Madeleine McCann, in the late morning, part of the group, with
their children, were next to the tennis courts when NIGEL
approached him. They were filming his daughter, with a video
camera, and that, questioned, the deponent states that he does
not remember seeing anyone with such an apparatus. Considering
the current particulars of paedophilia, they conversed and the
deponent considered this perfectly normal. Nigel had commented
that he felt uncomfortable in having his daughter filmed. The
deponent finished by concurring with him and together they spoke
about the ridiculous situation and 'the state to which the world
has come'. The deponent states that he has no reason to suspect
NIGEL, in any circumstances whatsoever, and that he appeared to
him a normal citizen, with a normal family. He never again
thought about this conversation and only reports it of all the
situations of the week, he has no incident to register or
- States that what he has just related is the truth of the
- At this moment a mouth swab collection was requested of him,
to be taken by Special Adjunct Irene Trovao, police officer in
the current investigation. The same, and voluntarily accedes to
the request and signs the respective declaration of consent,
after it is read and translated by the interpreter, who has also
signed together with the deponent.
- And nothing more was said-
1320 to 1322 Witness
statement of Russell James O
- Brien 2007.05.15
Vol V Pages 1320 to 1322
Russell James O'Brien
He comes to the process as a witness and of his own free will to
make this statement.
When asked he says that he does not speak Portuguese and is
assisted by the interpreter Alice Avakoff.
When asked whether he is capable of recognising without any
doubt the suspect Robert Murat, the witness replies yes.
When questioned he says that the first time he saw Robert Murat
was on the night of the events currently under investigation, in
other words, the night upon which Madeleine disappeared, at
about 01.00 in the early morning of 4th May.
That he saw Murat for the first time at this moment in the Rua
Silva in front of the apartment where the events occurred, near
to the parking area.
When asked whether Murat arrived before or after the police, the
witness says that he does not know, given that at the time the
police arrived he was not present as he was searching for
When he saw him for the first time the police were on the scene.
Robert Murat appeared in the middle of different people (friends
from the group, people from the resort, tourists and locals) who
were searching for Madeleine. he adds that he does not know at
what time Murat appeared on the scene, nor whether he arrive
alone or accompanied, in the sense that when the witness arrived
at the scene, Murat was already there.
When asked, he says that as far as he can remember, Robert was
translating conversations between two officers and various
people who were searching for Madeleine. As far as he could make
out at that time, it seemed that Robert was trying to help, in
the sense that these people were exasperated with some of the
officers. He remembers that all the people were quite upset,
whilst Robert was very calm. That morning was the first time the
witness spoke to Murat, not remembering whether he had
approached Murat or whether Robert had addressed him. They had
various discussions including the fact that Robert was fluent in
Portuguese as he had lived in the country for many years.
He adds that Robert told him he had a daughter of Madeleines
age in the UK and that Madeleines disappearance was a terrible
When asked what Murat was wearing that night, the witness says
he is not certain but thinks he was wearing dark coloured
trousers, he can't remember the colour, and a T-shirt, perhaps
dark grey in colour and perhaps a jacket, the characteristics of
which he cannot describe. He clearly remembers that Robert wore
When asked he says he does not know how Robert found out about
Madeleines disappearance nor how he arrived at the scene.
When asked, he says that he had never seen Robert before.
After this morning the witness saw Murat 3 more times, once on
the morning of 4th May in the same street, rua Silva at about
12.00 in the company of police officers. About two days later he
saw Murat at the OC reception at about 12.00/14.00. Robert was
alone and walking towards the previously mentioned road. The
witness says that he (ROB) was accompanied by Rachel. The last
time he saw Robert was last Sunday, near to his house at about
20.30. At that moment the witness was with Jane.
He never noticed anything suspicious about Murat except for the
last time he saw him when Robert was being transported in a
vehicle, a green van with four windows, he does not remember the
make, model or number plate and that he stopped, got out of the
van, opened the back and showed photos of Madeleine and that he
showed himself to be a very important person in the
investigation, saying that he was providing immense help to the
police in discovering the truth.
When asked, he says that according to his wife Jane, she did not
see Murat on the night of the events as she had spent most of
the time looking after her children.
No more is said. Reads, ratifies, signs.
1945 to 1946 Witness statement of Russell James O'Brien
Volume 8 pages 1945 to 1946
Witness statement of Russell
James O'Brien 2007.07.11
Date: 11 July 2007; Time: 19h15; Place: Praia da Luz
Officer: Paulo F., Inspector
To the matter at hand he said:
--- That he confirms the completeness of his previous
declarations given in the present case, giving
all of it unchanged as reproduced for this present document.
--- The deponent reaffirms that in truth he met Robert Murat on
the night on which Madeleine
disappeared. He saw him for the first time about 01h00 on 4 May
near to the parking area in front
of the main entrance [front door] of the apartment from which
--- That in the early hours of the morning of 4 May he was
speaking with Robert Murat, having
spoken about the circumstances in which Madeleine could have
disappeared. He saw him several
times that night given that he had stayed [remained] in the area
[and] having also seen him
speaking with uniformed people.
--- The deponent would like now to inform that at some time he
was aware that Robert Murat
assisted police officers [by] being the interpreter. Therefore,
at some time, but already the following
morning, it appeared to him, he [ROB] approached Robert Murat
having asked him [RM] to give
him [ROB] his [RM's] telephone number because he [ROB]
considered that at some time he might
need the support of that person [RM] given that he spoke
Portuguese correctly. In truth Robert
Murat furnished him with his mobile number which the deponent
inserted into the calendar/address
book of his own mobile phone. He doesn't recall exactly the time
that happened but has the idea
that it was already during the morning of 4 May [i.e. it was
already daylight]. In an analysis of the
calendar/address book of the mobile phone by PJ officers it was
verified that the number of Robert
Murat was inserted there immediately before number 914...,
indicated as being of David Priest.
Questioned the deponent states that David was an Anglican priest
[English vicar?] with whom the
deponent spoke on the morning of 4 May, and [of/from] whom he
had asked his [David P.'s]
telephone number. He recalls that the conversation that he had
had with that vicar was
accomplished [done/made] already at the end of the morning in
the Ocean Club it having been on
that occasion that the deponent introduced that number into his
--- He has no knowledge of any other facts that might assist in
any way the present investigation.
--- The present work was accomplished in the presence of of Mrs.
Lieve Van Loock, interpreter
who translated all questions and answers.
Nothing more said. Read, ratifies and will sign.
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