OFFICIAL INQUIRY FILES and DOCUMENTS
P.J. BRIGADE OF INFORMATION ANALYSIS

This information belongs to the Ministério Público in Portimão, Portugal.
It was released to the public on 4 August 2008 in accordance with Portuguese Law

01 to 14 page  01 TO 14 Analysis September 2007
01 to 14 brigade of information
02-09-OUTROS APENSOS II  (FILE 09) pages 01 to 14

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Reports from the Brigade for Information Analysis Sep 2007

No page numbers written on files.

I have done a summarised translation of a report compiled by the Brigade of Information Analysis in September 2007 for the PJ (the report consists of

14 pages).

This report was based upon a timeline analysis (the result of statements made to the PJ and to Control Risk by 5 elements of the T9, by the client support service staff from Mark Warner and from other statements, a text having been compiled for an English analyst) and various chronogrammes of communications elaborated and presented to the British police who were in Portugal in cooperation with the PJ.

(-----)

From the analysis of the timeline it was possible to conclude:

On 3rd May at about 18.00 (when she left the Kids club) until 22.00 when her mother gave the alert, nobody apart from the parents, Kate and Gerry, saw Madeleine. During the checks carried out, Matthew, at 21.00 only checked outside the apartment by the shutters and at 21.30 entered the apartment, but did not confirm whether Madeleine was there (unless David saw her between 18.30 and 19.00 at Gerry's request).

Discrepancies in the statements


- During Gerry's first questioning (Folio 34) he said that at 21.05 when he went to his apartment to 'check' the children, he entered by the main door; during his second questioning (Folio 891) he changed this by saying he had entered through the patio doors.
- During Gerry's first questioning he said that Kate, at 22.00, when she went to the apartment, entered by the locked front door . When she entered she noticed the door to the children's bedroom was opened inwards, the window was open and the shutter was raised. (if this had happened, she would not have noticed this scene after entering. She would have noticed this before entering the apartment, as she would have passed the window of the children's bedroom).
- During his second questioning, Gerry said that Kate entered through the patio doors.
- During Kate's questioning she said that she entered through the patio doors.
- During Gerald's second questioning, he says that he was playing tennis on 3rd May between 18.00 and 19.00. At about 18.30 David arrived at the tennis courts and the went back to his apartment. Presuming that it was certain that David would return to play tennis, Gerald asked him to check whether all was well with the children and Kate.
- During his questioning (Folio 66) David Payne was not asked about this request, it is not known whether he was with Kate and the children between 18.30 and 19.00.
- During his questioning, Matthew (Folios 52 and 905) stated that at 21.00 when he 'checked' from the outside of the apartment, the shutter was closed. But when he entered the apartment at 12.30, he said there was more light than usual in the children's bedroom, that the curtains were closed and that it occurred to him that the shutter might be open (note how he did not find this circumstance strange, when it should be considered absolutely abnormal). Gerald himself, when Matthew returned to the restaurant and said everything was fine, stated that he thought the shutter was closed.


Note: The italics are from the authors.


If the child being carried by the man referred to by Jane was Madeleine, then the ' eventual - abductor (given the tiny space of time between Gerry's exit from the apartment and the moment when Jane claims to have seen the man) would have to have been inside the apartment when Gerry went there at 21.05/21.10, and especially because Matthew, at 21.00 carried out an external check and guaranteed that the shutter of Madeleine's bedroom window was shut.

If it was not Madeleine and Jane, with hindsight, although unintentionally, created this conviction, the disappearance could have occurred after that time, between Gerry exit and Matthew's entrance at 21.30, or between the latter entrance and Kate's arrival at 22.00.

Moreover, because Gerald as well as Jez, who were talking close to the apartment and 25 metres away from the place where the man carrying the child would have passed and both stated not having seen Jane pass before them and neither did they see the man.

The brigade team made charts and analysed phone calls made by the T9 between 21-04-2007 and 06-05-2007.


Conclusions (Regarding phone calls)

The analysis we undertook did not, in truth, reveal major dissonance or pertinent questions, except perhaps the existence of diverse numbers contacted (sometimes insistently) by some of the members of the group and the owner of those telephone lines ' presumably because they did not correspond to national telecommunications operators ' were not identified, knowledge of this information could eventually be useful.

Restricting this information to the McCann couple, once established that no communications that could be seen as suspicious were detected from the other members of the group, the following calls are notable:

1. Gerald (TM 4477********), the numbers:

- 4478******** from which 14 text messages were received on the eve of the disappearance 02-05-2007 and another 4 messages on 04-05-2007.

- 4479******** the only number to contact the girl's father during the afternoon of the disappearance (12.24).

- 4413******** to which Gerry made a long call (of more than 11 minutes) at 23.40 on 03-05-2007 and which he contacted again at 00.05, 00.13 and 00.21, receiving a return call of 2.28 minute at 00.27, which was the last contact registered between these 2 numbers.

2. Kate (TM 4479********), the numbers:

- 4479******** the only number to contact Madeleine0s mother by SMS on the afternoon of 03-05-2007 at 12.31 and 12.34, the following communications being two short calls (6 and 29 seconds respectively) made by Gerry to his wife after the disappearance at 23.14 and 23.17.

- 4479******** ' for which there is a register of 20 messages between the number and Kate's mobile and also 5 calls during the early morning on 04-05-2007 at 03.07, 03.23, 03.28, 08.34 and 08.52 with a duration of 03, 3.04, 6.56, 1.01 and 1.15, the first and last 2 of these calls (the shortest) were made by Kate.

- 4415********,
- 4417********
- 4411******** for being numbers with which relatively long conversations were held in comparison to the others.

This letter is part of the report. Translation: 14-08-2007

This letter is part of the report. Translation:

Subject: Group timeline after Madeleine's disappearance


Date:14-08-2007


Dear Sirs,

This report contains a summary of the 'timeline' that shows the movements of the group after the disappearance of Madeleine McCann from apartment G5A in the Mark Warner resort in Praia da Luz on 3rd May 2007. It is centred on the McCann family and the group of friends who travelled with them on holiday to Portugal.

This 'timeline' was created based upon translations of statements made be elements of the group to the Portuguese police, from statements made in English to 'Control Risks' by five elements of the group and by Emma Knights, manager of client support services for Mark Warner, from various statements and questioning of Mark Warner staff made to the Portuguese and British police and from questioning carried out at that time.

At about 22.00 when Kate Healy returned to the apartment to check on the children, the rest of the group were at the Tapas Bar/Restaurant except for Jane Tanner, who was in her apartment G5D as, Evie, one of her children was unwell.

When Kate discovered that her daughter Madeleine was not in the apartment (G5A) she ran back to the Tapas Bar to alert the rest of the group.
Dianne Webster remained at the table whilst all the others rushed to the apartment. Gerry McCann and Kate Healy were the first to return to their apartment, where Kate had left the patio doors completely open and the twins were fast asleep in their beds.

Gerald searched the apartment and stated that the window of the children's bedroom was open and the shutter raised. He checked the shutter before continuing to search outside.

All the men from the group began to search the immediate area.

David Payne ran from the McCann's apartment towards the Millennium area. Then he turned in the direction of the church. He searched the rocky areas of the beach/coast and checked the stands and boats. He then returned to the Ocean Club reception, passing the Millennium area. David then checked the area around the walls together with Matthew Oldfield.


Russell O'Brien was in the McCann's apartment for a moment only, rushing out to search the perimeter of the apartment. Then he went to look for Madeleine with Matthew Oldfield. They went in the direction of the beach. He searched the perimeter of the tennis courts and the paths leading to the beach. Russell searched the gardens and all of the surrounding area. He searched the eastern part of the beach, zigzagging back along the roads to the McCann's apartment. All the time more people were joining in the search and Russell knew the police had been contacted.
Afterwards he searched the adjacent apartments to the east of Kate and Gerry along the Rua da Ramalhete and more apartments to the east. On some occasions David Payne was with him.

When Matthew saw that Madeleine was not in the apartment, he went to the 24 hours reception to ask them to telephone the police. Matthew spent most of the night searching the neighbouring areas for Madeleine without success. Matthew searched the road between the apartment and the Creche. He searched between the apartment and the Millennium restaurant, also along the beach and finally a cemetery as well as the road leading back to the apartment. Part of this search was carried out with David Payne and Russell O'Brien and part was carried out alone. Matthew talked to an Indian insurance salesman and saw Nathan, the director of the beach concession.

Fiona Payne was the only woman from the group to help in the searches. Fiona searched the periphery of the complex ' one search, which she made alone. When she returned she spent the rest of the night with Kate.

After waiting at the restaurant table for five minutes, Dianne Webster went to the McCann's apartment where she entered the children's bedroom and saw Kate with the twins. Kate insisted on the fact that the window and shutters were open when she saw the children, Dianne went outside to see if she could raise the shutter from the outside and found it to be impossible. Dianne stayed in the McCann's apartment for about 5 minutes and then returned to the restaurant to fetch her bag, the McCann's camera and the baby monitor. She then immediately returned to the McCann's apartment. Gerry and Kate were in the apartment as well as Fiona. Fiona asked Dianne to stay with Lily and Scarlet to check that they were ok. Dianne returned to the Payne apartment and stayed there for the rest of the night.

Rachel Mampilly went to see her own daughter before going to meet Jane in her apartment. When they talked Jane told her that when she had gone to check on the children she saw Gerry and Jez talking together as well as a man carrying a child. Jane told Rachel that she had not said anything at the time because nobody knew that Madeleine had gone missing and she had not seen the child's face.


Summary

It is difficult to confirm where all the elements were in the minutes/ hours after the discovery that Madeleine was missing. It appears that most of the women remained within or near the apartments, Fiona Payne left and searched around the complex, before returning to the McCann's apartment where she stayed with Kate. Then Emma Knights (client support director) searched the beach area and asked Kate what Madeleine had been wearing. Shortly afterwards Emma returned to the McCann's apartment and stayed with Kate.

The men's movements, however, are more difficult to pinpoint.

Gerald was seen and spoken to by Neil Berry and Raj Malu. They heard him calling for Madeleine when they were sitting on Neil's balcony, not far from the McCann's apartment. They both went down to talk to Gerald and helped in the search.

Both David Payne and Matthew Oldfield were seen by Emma Knights when she was on her way to the beach, the search area to which she was assigned by Lyndsey Johnson (child care director and search coordinator).

At about 01.00 Matthew was with John Hill (resort manager) when they knocked on Jeremy Wilkins's door to ask if he had seen anything.

At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr
and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.


Conclusion

In the confusion following the disappearance of Madeleine it would be possible that one of the men or Fiona Payne 'escaped' to join in the searches again later.

Analyst 7792 Eaton

At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.
No statement from the Kerr family in the files missing pages

 

01-08  pages 01 to 08 Title Page Report Analysis

02-8 Outros Apensos II  May 2007 (File 08) Pages 01 to 08
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timeline - Initiation of Robert Murat as translator

May 2007 Report from the Central Brigade for Information Analysis

Development of the Investigation
Outros Apensos II - Analysis Report - May 2007 (File 08)

Analysis Report

1) Introduction

On 28 April 2007, coming from the UK there arrived at the Ocean Club in Praia da Luz - Lagos four English couples and the mother of one female member of them. All the couples were accompanied by children, with a maximum age of 4 years.

The Group comprised:
- Gerald McCann + Kate Healy = Madeleine (4) and Sean and Amelie (twins) (2).
- Russel O'Brien + Jane Tanner = E**a (3) and E**e (1)
- Matthew Oldfield + Rachael Manpilly = G***e (1)
- David Payne + Fiona Payne + (Diane Webster) = Scarlett (1) and Lilly (3)

The journey and stay was booked and organised in the UK through Mark Warner, a company with which they already had prior contact, namely a trip to Greece in the previous year.

The return from Algarve to UK should have occurred on 5 May 2007.

Generally, days spent in the Ocean Club followed a certain routine.

The children took breakfast with the parents after which they went to mini clubs, in the area, where they participated in recreation activities suited with to their respective ages. They ate with their parents at lunch time and returned to kid club for the afternoon. About 18h00 the parents went to collect the children to return to the apartments. They gave them a bath and dinner and put them to bed around 19h30/20h00.

During the periods that the children were in the mini clubs, the parents indulged in various amusement activities, namely tennis, jogging, reading, etc.

Except for the first day, the Group of adults dined in the Tapas restaurant (situated next to the Ocean Club swimming pool) where a table was reserved for nine persons. These dinners started around 20h30/21h00, going on until about 24h00.

Given that there was no (or two parents had not been informed) system of monitoring children during the dinner time, the parents resolved to make their own checks of their children by going to the apartments approximately each half hour.

This check on the children was performed by their own parents, or, some times, by parents of other children who, when going to observe their children would also check on the others. However, in some cases, this was limited to passing next to the bedroom windows and listening for crying.

* * *

The McCann apartment is situated on the ground floor, at the eastern end of the building. It is accessible in two ways: - through the main door giving access on the same side as bedroom window of Madeleine and the twins (see photos on page 12); - on the opposite side through two (sliding) glass doors, one into the lounge and the other into the couple's bedroom. These give access to the veranda from which a stairway, through a small gate, gives access to the side street.

Because this latter access is most convenient, it being closest to the restaurant entrance, the lounge door stayed closed but not locked in a way that it could be opened from the outside, permitting there to be a gap in which to introduce a hand {i.e. the reporter says that the door would be ajar}.

2) The Event

On the night of 3 May, at 20h30, the McCanns were the first to arrive at the 'Tapas'. The others were arriving up to about 21h00.

At 21h00 Matthew went to see his daughter. He said that he listened next to the bedrooms of the other children and all was quiet.

At 21h05/21h10 Gerald went to see his children. He entered by the sliding door. It was strange that the door from the lounge into the bedroom was a little more open than they had left it when they went out. But, he thought that Madeleine had got up and returned to bed. He saw that Madeleine and the twins were in their respective beds and quiet [peaceful/undisturbed]. He went to the WC and left by the sliding door. In the street, near to the gate, he met Jez, whom he knew from tennis, with whom he spoke for 3 to 5 minutes.

At this time (21h15), coming from the restaurant and going to see her children, Jane Tanner passed by them. She says that at that moment she saw walking on the road perpendicular [to the road on which she was walking], about 10 metres away, a man carrying a child in his arms (see diagram and photo on pages 50/51). The child was barefoot and [dressed] in pyjamas, but she thought only that it was strange [for the child] not to be covered. She did not notice if the external blinds of Madeleine's bedroom were down or raised.

Neither Gerald nor Jez noted the passage of Jane nor did they see the man with the child in his arms.

At 21h30 Matthew left the 'Tapas' to go to see his children. He said to Kate that he would check her children. He entered the 5A lounge by the sliding door. He thought that the bedroom of Madeleine and the twins was brighter than usual, it appearing to him that the external blinds could have been lifted.. However, he paid no attention to it and limited himself to looking into the bedroom through the door that was open enough [for him to see]. He says that he saw the twins were in the cots and that all was quiet. As Madeleine's bed was against the nearside wall he did not see if she was in her bed.

At 22h00 Kate went to her apartment. She entered by the sliding door and, at once, noticed that the bedroom door was fully open, the window was open, the external blinds raised and the curtains pulled to the sides. The twins were sleeping in the cots but Madeleine had disappeared.
Only later, after knowing the colour of the pyjamas, did Jane come to the conclusion that the child she says she had seen in the arms of the man could have been Madeleine.

2.1 Time Line, of the Group - (Annexe 2)

A time line was prepared, based on the statements of the Group members, trying to determine the time at which Madeleine disappeared.

2.1.1) - Conclusion
From what was stated, and if the child carried in the arms of the man referred to by Jane Tanner was Madeleine, then the abductor (given the very limited time between Gerald leaving and the moment Jane says she saw him) was already inside the apartment when Gerald went there at 21h05/21h10, having exited immediately afterwards.

If it was not Madeleine, and Jane, later, unintentionally, had created that conviction, the disappearance could have occurred after [later]. Either between Gerald's exit and Matthew's entrance (21h30), or between his exit and Kate's arrival (22h00).

From any manner [Anyway], everything leads one to believe that the author [of the time line] exercised control over the Group of 9.

3 Development of the Investigation

(Not leaving out of the assessment two possibilities, however remote: - one, Madeleine walking out by herself, to have lost herself [to have got lost], and to be in an unknown place - the other, an attempted robbery (the individual, being interrupted by Gerald's entrance, and allowing that Madeleine had seen him, or something had gone wrong, having resolved [decided] to take her with him.)

Now, according to all the work performed and all the clues collected, everything points to Madeleine having been abducted.
There having been no ransom demand, we believe the following motivations remain:
- of a sexual nature - 'predator' and/or a paedophile network;
- human trafficking;
- childless person/couple or substitution for a missing child;
- revenge against Madeleine's parents, for professional or impassioned reasons, etc.

During the investigation certain clues were determined that, collectively, pointed to a suspect - Robert Murat. Because they were closed associated with him, the investigation focused, also, its attention on his friend/girlfriend - Michaela Walczuch and on a Russian individual, a computer expert - Sergey Malinka, with whom they were associated.

3.1) Time Line, the suspects - (Annexe 3)
A time line was prepared, based on the statements of the arguido and close witnesses referred to above, for the geographic locations and timings.

3.1.1) Time line - Beginning of Robert Murat's participation as translator - (Annexe 4)

Based on contradictory statements, a time line was prepared from the moment Robert Murat began his activity as 'translator'.
It is noted that only three members of the Group of 9, and only after him having been considered suspect, came forward to affirm that he was seen in the area of the apartment on the night of 3 - 4 May, a short time after the disappearance of Madeleine. The rest of the witnesses questioned about his participation [being in the area], namely members of the GNR, affirmed not having seen him, or that they saw him only on May 4.
But, generally, they classified his demeanour as being, not like someone who was interested solely in translations, but as having an attitude that exceeded that role, wanting to acquaint himself with the things discovered and 'to drive' [steer; direct] some investigation activities.

4) OBJECTIVE

Supported by the lists of phone calls, to compare the declarations made and to try the clarify the kind of relationship between the participants and/or others.

4.1) Chronogram (timing diagram) of communications (Annexes 5, 6 and 7)
Flow charts of phone calls (Annexes 8, 9 , 10 and 11)


The following list of mobile and fixed telephones were determined:

Robert Murat: mobile 919****41; fixed 282****16
Michaela Walczuch mobile 919****59 and 960****59; fixed 282****89
Sergey Malinka mobile 914****57; fixed 282****07

Lists of calls made and received were requested from the operators [phone service companies], along with SMS [records] showing the destination and originating phones, and the records from the cell masts activated.

Supported by these lists, along with our authority to read the mobile phone call lists, and the authority to read calendars, the respective communication timing diagrams were prepared.

In the timing diagrams (Annexes 5, 6 and 7) calls on days 2, 3 and 4 May were reviewed and analysed.
All phones were identified where possible, whether Portuguese, English or other nationality. Telephone lists from PT, TMN, VODAPHONE and OPTIMUS [the four service operators] were used. Collaboration from officers of the UK police was relied on to identify telephones of that country. Similarly, they correlated all the phone numbers in the inquiry and the calendars under review.
It was sought to compare and to correlate, whether through the flow charts of calls, or through the cell masts activated by the mobile phones, by place/time, the declarations made by each one of those seen.

No discrepancies were found between the time line (statements of RM, MW and SM) and the timing diagram, either in terms of the time that calls were made or received, or in terms of masts activated. But there were omissions, due to forgetfulness or intent.

In this way, one realises, only for him, it is not proven, for determined periods of time, where Robert Murat was located, specifically in the period in which Madeleine disappeared.

[At this point the report lists various calls made and received on RM's mobile and his (and his mother's) fixed service number on 2 and 3 May.
The report continues:]

Observation:
There should be new inquiries made of Robert and Michaela in order to clarify the calls between them on 3 May from 20h15 to 20h25 (fixed), from 23h20 to 23h29 (mobile), from 23h55 to 23h37 (mobile), 23h40 to 23h47 (mobile) and from 23h53 to 24h01 (fixed).
And the call of 30 seconds from Robert to Sergey at 23h39 ' the only such call on those days.


In the flow charts (Annexes 8, 9, and 10) there were considered and analysed connections on days 1, 2, 3 and 4 May 2007, relating to each telephone.

In the flow chart (Annexe 11 - combination of call in Annexes 8, 9 and 10) there were considered and analysed connections on the days 1, 2, 3 and 4 May 2007, together with the target numbers.

- In the period under review, calls by phone and SMS between RM and MW are demonstrated, ether by mobile or fixed service phones.
- No calls are recorded between MW and SM. Between RM and SM only one call is recorded.
- No common numbers are shared between SM and RM, nor between SM and MW.
- Only one common number was found between RM and MW  707960000  UZO (Call Centre)

5) Conclusion

The flow of calls analysed, from fixed and mobile phones, and the respective comparison with witness statements, found no evidence of significant discrepancy.

A close, ongoing relationship between RM and MW was noted

There exists a relationship between RM and SM, but in the period looked at there was only a single call.

There were no telephone contacts common to the three people.

For the reasons presented, it is not possible, in this way, to better clarify the, possible, participation of any of them in the events under investigation.

Lisboa, 28 May 2007

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