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P.J.TRANSLATIONS
INDEX |
|
TRANSLATION BY DUARTE LEVY |
|
Russell O'Brien's
Rogatory interview 10 April 2008 Hours 8.59am |
|
RUSSELL
JAMES O'BRIEN SIGNED STATEMENT 08/04/08 |
Russell James O’Brien & The lost
DVD Interview
Russell James O’Brien was
questioned on the 8th of April from 9.55
a.m. until 8.18 p.m., divided into 5
distinct time periods (9.55 – 11.30
a.m., 12.01 – 12.50 a.m., 2.06 – 3.55
p.m., 5.15 – 6.56 p.m., and 7.37 – 8.18
p.m.). Officially, all the video images
of this day were rendered useless
because the video camera didn’t work…
which means that Enderby police wants us
to believe that, even during pauses,
they never verified if the interrogation
was being recorded correctly. This was
the official version, the one that was
offered to the Portuguese authorities.
Nevertheless, the truth of facts is
different, and Russell O’Brien was
questioned again on the 10th of April;
this time the camera worked.
Surname:
O-BRIEN
Forenames:
RUSSELL JAMES
Age: OVER 18 Date of Birth:
Address:
Postcode:
Occupation:
Telephone No:
Statement Date: 08/04/2008 Number of
Pages: 1
I am the above named and I live at
the address given to the police.
On
Tuesday 8th April, 2008, between
09:55am and 11:30am
I was
interviewed by Detective Constable
GIERC at Leicestershire Police
Headquarters, the interview was
recorded on DVD. I am able to state
that what I said during that
interview is an accurate account of
my evidence.
On
Tuesday, 8th of April 2008, between
12:01pm and 12:50pm
I was interviewed by Detective
Constable GIERC at Leicestershire
Police Headquarters, the interview
was recorded on DVD. I am able to
state that what I said during that
interview is an accurate account of
my evidence.
On
Tuesday 8th of April 2008, between
14:06 hours and 15:55 hours
I was interviewed by Detective
Constable GIERC at Leicestershire
Police Headquarters, the interview
was recorded on DVD. I am able to
state that what I said during that
interview is an accurate account of
my evidence. During the interview I
produced the following exhibits:
Sketch map ' Praia Da Luz (RJO/100)
Table Plan ' Tapas Restaurant
(RJO/101)
Search Sketch ' Praia Da Luz
(RJO/102)
Phone List ' (RJO/103)
On Tuesday
8th of April 2008, between 17:15
hours and 18:56
hours
I was interviewed by Detective
Constable GIERC at Leicestershire
Police Headquarters, the interview
was recorded on DVD. I am able to
state that what I said during that
interview is an accurate account of
my evidence.
On
Tuesday 8th of April 2008, between
19:37 hours and 20:18
hours
I was interviewed by Detective
Constable GIERC at Leicestershire
Police Headquarters, the interview
was recorded on DVD. I am able to
state that what I said during that
interview is an accurate account of
my evidence.
This statement is made by myself and
is true to the
best of my knowledge and belief.
Signed: RUSSELL O'BRIEN Signature
witnessed by: A J GIERC DC 1578
I have
previously
made my
statement to
the
Portuguese
Police in
relation to
my holiday
visit to
Portugal in
April-May
2007. I
stayed in
the resort
of Praia Da
Luz and was
there at the
time of the
disappearance
of Madeleine
Beth MCCANN.
I had
travelled to
Portugal
with my wife
Jane TANNER,
and our two
daughters
Ella and
Evie, also
travelling
with us was
our friends
Matthew
OLDFIELD,
Rachael
MAMPILLY and
their
daughter
Grace. We
were due to
meet our
mutual
friends over
in Portugal
David and
Fiona PAYNE,
their two
daughters
Lilly and
Scarlett
along with
Fiona’s
mother
Dianne
WEBSTER, and
Kate and
Gerry MCCANN and
their three
children
Madeleine,
Sean and
Amelie. We
arrived in
Portugal on
Saturday
28th April
2007.
On the 8th
April 2008
officers
from
Leicestershire
Constabulary
interviewed
me in order
to clarify
certain
points and
in order for
me to
provide
further
information
where
possible.
The
interviews
were
visually
recorded,
however I
understand
that due to
technical
difficulties
the
equipment
failed to
record.
I have been
informed
that these
questions
arise from
an official
request from
the
Portuguese
authorities.
I am aware
that my
statement
will be
subject to
the
Portuguese
Criminal
Code in
addition to
English Law.
I
have been
informed
that this
statement
has been
made from
the
monitoring
notes which
were taken
at the time
of the
interviews
being
conducted.
I
have been
given the
opportunity
to refresh
my memory
from the
statement
made by Jane
TANNER (my
wife) and I
have been
allowed to
see these
documents,
this was
done in the
presence of
DC 1578
GIERC.
I
wish to add
that Jane’s
statement
covered our
routine from
the 28th
April
2007-2nd May
2007 quite
comprehensively
and my
original
Portuguese
statement
referred to
Jane’s
statement,
this was
therefore a
good point
of reference
for me.
The
following
statements
are answers
given in
response to
the
questions
asked of me
during the
interviews,
in the order
that the
questions
were asked.
(page 1)
We have been
away before
as couples
and have had
various
conversations
about going
away as
families,
the planning
took place
in January
2007, this
was around
the time
that Jane
and I were
moving with
the girls to
Exeter- 3rd
January
2007.
It was Fiona
and David
PAYNE’S idea
to go away
and Jane and
I were more
than happy
for them to
do the
organising
as we were
busy with
moving
house. We
had all been
away on Mark
Warner
holiday’s
before, and
they seemed
to be a good
destination.
There were
emails
between us
as a group,
mainly
exchanged
with Matt
and Dave,
things
weren’t so
straight
forward as
we were all
living in
different
parts of the
country
which made
planning
things very
difficult.
I am aware
that David
had made
various
requests to
the Mark
Warner
Company and
one of which
was that all
the
apartments
were to be
in the same
block, and
preferably
all to be
near by to
each other.
I am aware
that Matt
had replied
to an email
sent by
Dave, and by
mistake had
included
Mark Warner
on the same
reply I
recall that
it said
something
along the
lines of ‘Go
Dave Go’.
Dave is
quite
certain
about what
he expects
from things,
and is quite
aware of his
consumer
rights and
entitlements
although it
seemed to be
quite
trivial to
me at the
time. We
were aware
from the
various
emails that
the resort
was quite
spread out,
and Dave
strived to
keep us all
together. I
feel that
this may
have been
construed by
Mark Warner
staff as
having been
annoying and
the staff
member
receiving it
may have
been annoyed
by it, I
feel that
this could
be looked
upon badly.
We flew out
from Gatwick
airport
having
stayed the
night with
Matt and
Rachael at
their home
which was
near to the
airport.
The others
flew out
later the
same day
from East
Midlands
Airport.
This was the
first
holiday that
we had been
on with the
MC CANN
family we
had been
away
previously
with the
others in
the group.
We had been
due to go
away as
couples to
Majorca in
2005 but
Jane had
found out
that she was
pregnant
days after
we had
booked the
holiday, as
far as I am
aware our
places had
been given
to another
couple I
believe by
the name of
Tara and
Stuart GOLD.
I’d describe
our
relationship
with the
couples as
very good, I
had met
David PAYNE
at Medical
School in
1989 and we
had stayed
in Halls and
Student
Houses
together, I
met Fiona in
1993/1994
and was
best-man at
their
wedding in
2003, we all
went out to
Tuscany in
Italy for
their
Wedding. I
recall that
Matt and
Rachael were
there as
were Gerry
and Kate. I
met Matt in
my first
year as a
Doctor this
was in
around 1994,
again I was
close
friends with
him we lived
in the same
house, and I
was best-man
at their
wedding in
1999. I
have
remained
friends with
Matt he
moves around
a lot and
has worked
in several
places and
countries.
I would say
that our
relationship
with Kate
and Gerry MC
CANN is not
as close as
with the
other two
couples, I
first met
Gerry when
he was
speaking at
a conference
in Atlanta
in 1999, and
I recall
that we both
had interest
in the same
aspects of
cardiology.
I recall
that we
exchanged
emails with
each other
to discuss
various
aspects of
our
research.
Gerry moved
to the
Glenfield
hospital and
worked in
the same
department
as I did but
I was based
at the
Leicester
Royal
Infirmary,
at that time
Gerry was my
equivalent
at Glenfield
and a voice
at the end
of the
phone- I’d
say this was
in
2001-2002.
I’d say that
we have
known Kate
and Gerry on
a more
personal
level since
2002-2003
when both
Kate and
Jane were
pregnant
with
Madeleine/Ella.
At the
beginning of
their
pregnancies
they had
been given a
similar due
date,
although
Madeleine
was born
about a
month before
(page 2)
Ella. Our
friendship
increased
through
Fiona and
Dave, we
would often
see Kate and
Gerry at
their house
on
occasions.
I recall
that on one
occasion
Kate and
Gerry
visited us
with
Madeleine, I
think that
the girls
must have
been around
9months old
as they were
crawling.
Other than
that I don’t
recall them
visiting us
again, I
know that we
have been to
their house
for
Madeleine’s
1st and 2nd
birthdays
but I would
say that we
hadn’t spent
any
considerable
time at the
MC CANN’S
home.
In relation
to Kate
HEALY/MC
CANN I have
only really
met her
since
Madeleine
was born, or
through our
meeting with
Dave and
Fiona.
Dianne
WEBSTER is
Fiona’s
mother we
obviously
met her
through
Fiona and
Dave PAYNE,
we have been
friends with
them for
some time
meeting them
at Fiona and
Dave’s
house. We
have been
for trips
out on their
boat I’d say
we know
Dianne quite
well.
As far as I
am aware
there were
no others
due to go to
Portugal, I
think that
Dave and
Fiona had
thought of
asking
others, but
Jane and I
thought that
nine adults
were
enough. I
recall that
Dave and
Fiona had
mentioned
another
couple by
the name of
Dave and
Fiona
BURLING who
live
somewhere in
Maidenhead
but I am not
entirely
sure whether
or not they
were
actually
asked or
invited. I
am aware
that Dianne
was a late
edition, but
I am not
sure when
she was
booked onto
the holiday.
In relation
to there
being any
group
hierarchy
I’d say that
that wasn’t
at all the
case, Dave,
Matt and I
have all
been close
friends
since
Medical
school and
see each
other as
equals, I
don’t know
Gerry quite
as well but
there is no
problem with
him fitting
into the
group. I am
aware that
Dave and
Gerry know
each other
very well.
The flight
out to
Portugal on
the Saturday
was early it
was around
08:00am we
all sat
together on
the flight
and I recall
that is
where I
first saw
Jez WILKINS,
he was sat
near to Matt
on the
aisle. I
recall that
a lot of
people were
speaking to
one and
another as
people do on
the plane,
we landed
around
10:00am and
waited for
the baggage,
on our
arrival we
were met by
Mark Warner
staff.
We were
taken out of
the airport
and out onto
the buses
waiting
nearby, we
sat in the
middle of
the coach on
the right
hand side.
I recall
that
Charlotte
PENNINGTON
who was a
nanny at
Mark Warner
was also sat
on the bus-
I believe
that she
looked after
Fiona and
Dave’s
kids. It
was reported
in the press
that she had
seen Kate
and Gerry at
the airport
but I don’t
see how that
would have
been
possible as
I don’t
believe they
had arrived
by then, I
believe that
their flight
arrived an
hour or so
after ours
did.
Whilst we
were on the
bus we were
given
welcome
packs and
from what I
recall we
had been
allocated
room numbers
and the
packs I do
not believe
that it
included the
apartment
keys (5D)
but I cannot
be sure. I
recall that
there was
also a map
of the area.
When we
arrived we
parked near
to the
apartment
reception
and we were
taken to our
room around
lunchtime.
I recall
sending a
text message
to Gerry and
Dave to say
that we had
arrived and
also a text
to a friend
from
Germany- who
had tried to
ring me, I
had sent a
message to
tell them I
was away on
holiday.
I recall we
all went to
the pool as
the kids
wanted to
swim, it was
a windy and
cold I’d say
it was mid
afternoon
time, I
remember
that the
PAYNE’S and
MC CANN’S
arrived at
some point
whilst we
were all at
the pool.
We all went
to the
welcome
meeting at
the Tapas
Bar on
Saturday and
I think that
we may have
gone to
another one
but I cannot
be sure.
(page 3)
I recall
that they
spoke about
where to
eat, the
nannies
introduced
themselves
and I recall
that there
were various
people there
from the
sporting
activities
recruiting
for their
events/activities.
We all went
to the
Millennium
restaurant
that evening
including
the children
it was a
10minute
walk this
was around
18:00-18:30hours,
it was at
this meal
that Matt
began to
feel quite
unwell. We
didn’t stay
out late so
that we
could put
the children
to bed as it
had been a
long and
tiring day,
Jane and I
didn’t stay
up
particularly
late as we
all felt
tired too.
The
respective
apartments
were as
follows
Dave, Fiona
and Dianne
5H, empty
apartment
5C, Matt and
Rachael 5B-
which was a
smaller
apartment
and Kate and
Gerry were
in 5A. I
believe that
the
apartments
were
allocated to
fit in with
the number
in each
individual
group- as I
said
previously
the
allocations
appeared to
be done
prior to our
arrival and
may have
been done
following
Dave’s
emails to
Mark Warner.
I recall
seeing Jez
around the
Mark Warner
complex we
didn’t speak
much I
hadn’t met
him prior to
being on the
plane, I
can’t recall
him being on
the coach
from the
airport but
I think that
he must have
been on
there as he
was staying
at the same
resort. I
don’t know
what
apartment he
was staying
in at Mark
Warner, but
I think it
was quite
near us.
I’d like to
point out
that we had
had the
occasional
conversation
on polite
terms as
well as
seeing him
at tennis.
Sunday 29th
April 2007 I
had booked
into
water-sports
on the
Saturday but
I don’t
think they
operated on
Sunday. I
can’t recall
exactly what
I did on
what day but
I had booked
to have
windsurfing
lessons and
to do a bit
of sailing.
My
recollection
now is a
little poor
due to the
lapse in
time I got
up around
08:00-08:30am
we had
breakfast at
the
Millennium
restaurant,
we went down
to the
beach,
played a bit
of tennis-
but as I’m
not a
brilliant
player I
wasn’t all
that
bothered
about
playing
tennis.
We were
booked into
the Tapas
bar, we ate
there that
night
initially it
was booked
as a one off
I think by
Rachael as
far as I am
aware the
table was
booked for
20:30hours.
I am aware
that Rachael
asked to eat
there each
night for
the
remainder of
our stay
this I
believe was
booked on
the Monday
morning as a
block
booking- the
time was
agreed by
the group.
Matt was
unwell and I
recall I
went to see
him, he had
been
suffering
from a
stomach
upset so I
can say that
there were
only eight
adults at
the Tapas
bar that
night.
The good
thing about
the Tapas
bar was that
it was quite
near to the
apartments,
and the walk
to the
Millennium
was quite
far away,
the Tapas
bar was also
used by the
kids club
for
afternoon
tea.
Kate and
Gerry
weren’t so
flexible
about meal
times as
their
children
were in more
of a
routine, as
were Dave
and Fiona,
where as
Jane and I
are slightly
more
accommodating
and our
children
have been
used to
staying up
late on
occasions.
The bookings
were made
for the
following
week
20:30hours
after the
children
were settled
in bed.
In relation
to the
childcare
routine it
was a
collective
decision
made as a
group, Dave
and Fiona
used their
two way
child
monitor to
monitor
their
children.
Kate and
Gerry made a
physical
check on
their
children.
Matt and
Rachael made
a physical
check on
Grace. Jane
and I also
made a
physical
check on
Evie and
Ella.
I’d like to
point out
that we knew
that there
was NOT a
baby
listening
service,
this had
been picked
up before
our
departure as
there had
been other
inaccuracies
in the
brochure
picked up by
Dave, I
believe that
the brochure
inaccuracies
would be
recorded in
emails by
David PAYNE.
(page four)
Jane and I
made checks
between
courses, and
would
generally
alternate
the visits,
Kate and
Gerry did
their checks
by the
clock. I’m
aware that
initially we
would only
check on our
own rooms
but on
occasions we
often
listened at
other
apartment
doors or
windows, and
made checks
on some
visits.
On Sunday I
recall I
checked Kate
and Gerry’s
apartment as
well as
Rachael and
Matt’s. I
had taken
Matt’s keys
and I
believe that
their door
was
deadlocked
the same as
ours and
that I would
have needed
to turn the
key two
times. We
kept our
shutters
down, and
the patio
door was
closed I am
not sure
whether
theirs was
the same. I
recall that
Kate and
Gerry’s
apartment
was accessed
by the
patios door
which was
left closed
and
unlocked. I
recall that
their front
door was
accessed
from the
car-park
access was
easily
gained to
the
apartment
from the
poolside.
All the
meals were
included in
the booking
as was a
limited
choice in
drinks, if
anything
else was
ordered
there may
have been a
need to have
made an
additional
payment. I
recall that
orders may
have been
put onto a
bar bill and
paid at the
end of the
week.
Sunday we
left the
restaurant
early around
22:00hours
the service
was
reasonable
and quite
quick, times
didn’t vary
all that
much we may
have had a
drink at the
bar before
going back
to the
apartment
but I cannot
be sure.
Generally of
an evening
we would
drink beer
or have a
few glasses
of wine,
generally
three to
four
glasses, I
can honestly
say that
no-one in
our group
was ever
drunk. I’d
say that
generally we
had five-six
bottle of
wine between
the group of
nine, it was
a similar
amount most
nights.
Monday 30th
April 2007 I
recall I may
have done
some
windsurfing
this was
just after
I’d dropped
Ella off at
the kids
club near
the Ocean
Club and
Evie at
crèche near
to the Tapas
bar. I may
have done
some
shopping but
I really
can’t be
certain, I
recall Jane,
Kate and
Gerry
playing
tennis. We
didn’t eat
out at
lunchtime we
generally
ate with
Rachael and
Matt and
this was in
our
apartment or
theirs, as
well as at
David and
Fiona’s.
After
Madeleine
disappeared
we all began
eating lunch
at Dave and
Fiona’s
apartment.
I think in
the
afternoon I
may have
been out
with Matt, I
had wanted
to spend
time as a
family but
Ella wanted
to go to the
kids club.
Monday to
Wednesday I
can say that
the days
were all
very similar
and it is
difficult to
distinguish
one from
each other.
I know that
on one of
the evenings
either
Monday or
Tuesday I
stayed in
the flat
with Evie as
she wasn’t
well Jane
brought my
meals over
to me this
was
mentioned in
my first
statement.
I feel that
this is more
likely to
have been
Monday as I
feel that we
were all
together as
a group on
Tuesday-
nine
adults. I
believe that
this was
when the
Trivia quiz
had taken
place.
I recall
going for a
sailing
lesson on
Tuesday and
Jane went to
play tennis,
we collected
the kids as
usual around
lunchtime,
Kate and
Gerry had
lunch in
their
apartment as
they did on
most days.
I went out
in the
afternoon to
the beach I
was with
Matt and as
far as I can
recall we
went out
kayaking.
The children
were in bed
as usual
19:30-20:00
they
appeared to
be well
asleep and
checked that
they were
prior to
leaving the
days were
generally
uneventful
up until
Thursday 3rd
May 2007.
On Wednesday
Rachael was
ill, we
stayed out
later than
normal,
after our
meal we sat
around and
then moved
into the bar
area we
stayed for
around
45minutes to
an hour,
this was our
only ‘late
night’ of
the holiday,
I recall we
had a
cocktail.
Checks were
made as
usual we
would
alternate
completing
the checks
and this was
done every
half hour or
so. I
listened at
(page 5) the
MC CANN’S
apartment
and believe
that this
was around
23:00hours,
on all
occasions
the children
were ok.
During the
week I
checked on
some
occasions
and listened
at others.
On the 3rd
May 2007 I
saw
Madeleine in
the morning
a couple of
times this
was when I
dropped Ella
off. I took
the kids up
to breakfast
at the
Millennium
club and
walked to
the Ocean
Club I was
late getting
Ella there,
the kids
were having
a great time
at the kids
club and all
appeared to
well.
I went to
the flat
with Evie,
whilst she
was resting
I read a
book. When
she woke up
we went
outside to
watch Jane
play tennis
I saw
Madeleine at
lunchtime I
can’t recall
if Jane or I
collected
Ella it’s
all a bit
hazy now.
I recall
that Jane
had been
having a
tennis
lesson also
there was
Kate and
Rachael. We
were
watching
some
children
have their
lesson this
was before
lunch. I
recall that
one of the
guests a guy
from
Southampton
came over
his daughter
was playing
tennis, he
wanted to
take a
picture but
expressed to
us how
uncomfortable
he felt in
doing so- he
said
something
similar to
feeling like
a pervert or
a dirty old
man when
taking a
picture of
his own
child, I do
not wish to
implicate
him. I
recall that
the child
was of a
similar age
to Madeleine
and Ella.
I recall
that
Madeleine
and Ella had
had a
similar
lesson the
day before.
We agreed
that in this
day and age
taking a
photograph
of your own
child you
shouldn’t be
made to feel
uncomfortable,
it was a
horrible
coincident.
I would like
to stress
that I do
not think
that this
man had any
involvement
in
Madeleine’s
disappearance.
I feel that
it was a
haunting
coincidence.
Ella went
back to the
kids club
and I went
out with
Matt
sailing, I
Jane was
looking
after Evie.
Whilst I was
out sailing
with Matt he
fell in the
water, I had
to sail back
to save him
this made
the day
quite
memorable
that and it
being the
best day
weather
wise. When
we came back
Jane was at
the beach
with the
children, I
recall that
at some
point around
17:00-17:30
Kate was out
running she
was dressed
in her full
running kit
which was a
vest and
shorts- one
item was
grey and the
other pale
blue but I
cannot say
which way
round.
When Kate
ran past on
her run she
didn’t speak
to us, but
she did
acknowledge
us as a
group.
We didn’t
stick to our
usual
routine so
much that
day the
children
stayed with
us and ate
their tea at
the bar by
the beach
called the
Paridiso.
Everyone was
there at the
beach except
Kate, Gerry
and their
kids. I
collected
Ella from
the Ocean
Club before
she went up
to tea at
the Tapas
Bar, I
cannot say
whether
Madeleine
was there or
not.
It was a
warm day,
good
afternoon I
recall that
I went up to
the social
tennis
around
18:00hours
with Matt I
think David
went to the
apartment
and then up
to Gerry’s.
I played
tennis for
around an
hour to an
hour and a
half, Dan
the tennis
coach was
also
present, as
were some
other male
guests and
Gerry we
played a
mixture of
singles and
doubles.
The kids
came up with
Jane, Fiona
and Rachael
from the
beach, but
not the MC
CANN’S
children I
presume that
they were at
the
apartment.
They stayed
for a short
while before
going back
to the
apartment to
be bathed
and put to
bed. I got
back to the
flat around
20:00hours
as we were
running late
we had to
take the
rackets back
with us.
The children
were in bed
Jane went
down to the
restaurant
around
20:30-20:40hours
I remained
in the flat
for another
ten minutes
or so
waiting for
them to
settle
down. I
went down to
the Tapas
bar the
adults of 5H
were running
late as
usual, David
and Fiona
are always
late and it
is a
standing
joke in our
group.
Around
21:00hours
Matt was
going over
to check on
Grace so he
said he
would chase
(page 6) the
Payne’s up
as we were
all waiting
to order and
we were
conscious
that the
waiting
staff wanted
us to place
our orders.
I believe
that he
listened at
the windows
on his way
to find the
PAYNES
having gone
to check on
Grace.
The evening
was the same
as evenings
before Kate
and Gerry
were
behaving
entirely
normally.
Following
Madeleine’s
disappearance
and
subsequent
search we
had made a
time line
together
this will
show what
time Gerry
left the
table. I
don’t recall
at what
point but it
was around
21:05 Gerry
left the
table was
only away
for a little
while, Jane
also went to
check the
children and
was gone for
a minute or
so. The
children
were ok she
didn’t
mention
anything
unusual.
After we had
eaten the
starters I
needed to go
to the
toilet so
Matt and I
decided we
would go and
check on the
children.
We walked
together I
recall that
the light
was fading I
went
straight to
5D I could
hear Evie
was
murmuring.
I went into
the
apartment
and Matt
went into
his. I went
to the
toilet to
urinate and
then started
to clean up
Evie and
change her,
Matt came
into my
apartment
and asked if
I needed any
help. It
was getting
darker by
this time.
I said to go
back and
tell Jane
that Evie
was unwell.
I sat in the
lounge and
read to Evie
Jane came
back having
eaten her
meal. We
stayed
together in
the
apartment
for around
5minutes. I
went across
to the Tapas
restaurant
this would
have been
around
21:45hours,
Jane
remained
with Evie.
The group
joked about
Jane having
been to
relieve me
they were
all in good
humour.
Kate left
the table
there was
nothing
significant
about her
leaving but
I think it
was a
similar time
to my meal
arriving. I
think that
this would
have been
around
22:00hours,
I didn’t
have a watch
or phone to
check the
time but
Rachael did
ask for the
time and
22:00hours
was
mentioned.
I know that
she didn’t
leave
straight
after me
arriving
back as the
waiters had
agreed to
cook me a
fresh meal.
Kate
returned
through the
reception
area
standing at
the end of
the path
near the
stones, and
yelled over
towards our
table in the
Tapas bar I
cannot
recall
exactly what
she yelled
but it was
along the
lines of
Maddy is
missing. We
all got up
immediately
except
Dianne who
remained at
the table.
I am fairly
sure on the
time, I have
put a great
deal of
thought who
may have
been
watching us
during the
week, but
all appeared
quite normal
to us, the
people who
would have
known our
routine
would have
been the
waiters. I
can’t recall
any other
people
dining in
the
restaurant
at the time,
there would
have been
people in
there but as
we ate quite
left they
would have
left during
our meal.
We went over
to Gerry and
Kate’s
apartment I
didn’t go in
to the
apartment.
I can recall
it would
have been a
similar
layout to
ours,
although the
furniture
and décor
was
different to
ours as the
apartments
are leased.
I didn’t go
into the
bedroom on
this
occasion,
but I’d
imagine that
there are
wardrobes in
there as
there are in
ours. When
I had been
into the
apartment on
previous
occasions it
had been
dark.
During the
interview I
drew a
seating plan
of the Tapas
bar and who
was sitting
where which
I have
previously
marked and
produced as
my exhibit.
On the
evening I
was wearing
brown
jeans/cord
style
trousers, a
pale blue
stripe top,
and Jane had
taken my
jumper which
was blue.
The nights
were quite
chilly which
is why Jane
had my
jumper I am
quite use to
the cold.
I wish to
reiterate
that I
joined the
group at the
Tapas bar
20:45 I went
down to the
table alone,
everyone was
there except
the PAYNE’S
and Dianne.
(page seven)
When I went
to check the
children I
went to my
flat first
then Matt
walked on to
his flat 5B,
I believe
that he was
gone for
around
60-90seconds.
Then he
checked on
the MC
CANN’S
children
having left
my
apartment.
This was the
final check
before
Madeleine
was noticed
missing,
nothing
appeared to
be unusual
and there
was nothing
that
suggested we
were being
watched.
When Kate
raised the
alarm she
didn’t get
to the table
as the area
was all
enclosed,
she was at
the start of
the path she
shouted
across to
us. We ran
out through
the
reception we
were all in
a panic some
people went
into the
flat I
stayed
outside, I
then
conducted a
quick search
of the
immediate
area with
Matt, Dave
and possibly
Gerry. We
searched a
cul-de-sac
area which I
would
describe as
being a
passage way
at the front
of the block
on the car
park side.
We went on
to search
the gardens
and patios.
Then we went
downhill
towards the
centre. On
the second
search we
went to the
shopping
centre and
then towards
the tennis
courts. We
searched
around the
back of the
tennis
courts.
On my way
back I
bumped into
Dave he said
to me this
is bad this
is really
bad they’ve
not found
her. We
searched
down to the
beach I
searched the
East side,
and Matt and
Dave the
West side.
We went back
to 5A it was
clear that
panic was
setting in
Gerry was on
the phone to
a family
member back
home, for
someone that
is such a
strong
character he
is usually
so calm,
decisive,
confident.
He was lying
on the floor
in
hysterics,
he had a
high voice
crying like
a baby, I
didn’t know
what to say.
By this time
we had been
joined by
Ocean Club
staff I am
aware that
Fiona and
Rachael had
spoken to
Jane.
Jane has
been made to
feel
frustrated,
like she is
a
sympathetic
witness, a
fantasist
and a liar.
She feels
that the P.J
do not
believe her.
I went to
Jane she was
with Rachael
I hugged her
she said “I
knew there
was
something
odd, I knew
it was
strange”.
“I watched
someone
carrying a
child”. She
played it
down Jane’s
character is
to be calm,
composed but
she wasn’t
herself at
this time.
She was
adamant that
she had seen
the man, and
that the
child could
have been
Madeleine.
She feels
there is a
good chance
she
witnessed
the
abduction.
I know that
Kate and
Gerry were
NOT involved
at all, I
saw Jane she
was shaking
she had a
terrible
realisation
the she may
have seen
Madeleine
being taken
away. We
have been
crying out
for these
interviews I
have never
seen Jane
like this
before.
We have
coped-
somehow we
have been
keen to be
there to put
across our
feelings, we
have
struggled in
silence,
what Jane
saw was
suspicious
she is NOT a
liar, a
fantasist we
as a group
have nothing
to gain by
giving false
evidence or
creating
false leads.
I was asked
who I spoke
to' People
in the bar
at the
shopping
centre.
Older groups
of
Portuguese
people near
the front,
and a female
possibly
member of
staff from
Mark Warner.
We tried to
find a
picture of
Madeleine
Kate checked
her camera
but these
were mainly
of her at
home or not
such a clear
picture. We
found a
picture of
Madeleine
but we
couldn’t
print it
off. Cat or
one of the
nannies said
that they
had a
printer and
took the
camera away
to get some
photos
copied. A
copy of the
photo was
given
directly to
the Police,
someone from
the Mark
Warner staff
made a
poster- but
I do not
know who
that was.
(page eight)
I am not
sure who
informed the
authorities
or media of
Madeleine’s
disappearance
but Gerry
may have
informed the
authorities
along with
Matt. As
for the
media I
think
Rachael
called a
friend who
works at the
BBC.
I loathe the
media even
more so now,
I have a
very low
opinion of
them Dave
was also
seen keen to
make use of
the media
and think
that he may
have
constructed
an email-
but I am not
sure whether
that was
actually
sent. I
know that
there were
attempts to
contact the
British
Consulate.
Searches- I
searched
mainly on my
own,
although we
were all
close by to
each other.
The searches
weren’t
really
planned no
plans were
drawn up and
there wasn’t
really any
particular
structure.
There may
have been
places that
we missed,
it was
hap-hazard
and
panicked.
It wasn’t
well
organised.
Leave
doors/windows
open- We
didn’t leave
doors/windows
open. We
did sit
outside on
Saturday
along with
other days
on the
patio, we
wouldn’t
have left it
open once
away.
Checks on
children-
Checks made
on children,
we had the
routine
already
outlined in
this
statement.
How often-
four-five
checks per
evening.
Kate and
Gerry
checked by
the clock,
where as
Jane and I
checked
between
courses, I
don’t have
any
recollection
of the MC
CANN’S
children
crying had I
have heard
them crying
I would have
checked on
them.
Confirmed
his mobile
phone
number.
Number
ending 678-
belongs to
Susan HEALY
mother of
Kate MC
CANN,
believes
that the
call
recorded was
made by
Fiona Payne
who had
borrowed his
phone due to
her battery
being flat.
Number
ending 842-
belongs to
Brian HEALY
again cannot
account for
call doesn’t
believe that
he made or
received it
and may have
leant the
phone to
Fiona.
Number
ending 801-
his mother
text message
asking how
holiday was
going and
checking on
their
welfare.
Landline
number- his
parents home
spoke to
parents
again to
check on
welfare as
distressed
and upset by
Madeleine’s
disappearance.
Number
ending 603-
Anthony
NICHOLLS
colleague,
call made
wanted to
make him
aware that
he would be
away for a
longer
period, but
as he was
also away
conversation
cut short,
and called
another
colleague.
I wish to
clarify that
I have only
met Susan
and Brian
HEALY
previously
at
Madeleine’s
birthday
parties. I
then met
them after
they flew in
following
Madeleine’s
disappearance.
Clarified
light
beginning to
fade, when
Jane left
the table
reasonable
amount of
light, aware
that there
were street
lamps in the
area. Route
back from
table-
shutters
didn’t look
at them, but
would have
noticed if
there was
anything
suspicious
or untoward-
felt that it
was a loaded
question.
Inner route
would take
less than
minute and
outer route
just over a
minute.
Clarified
who made the
time line
handed to
Portuguese
officers- I
had written
it- both
copies, in
consultation
with Dave
and Gerry.
It was
written
02:00-03:00hours
in Gerry’s
room. It
was my idea
a form of
gathering
information
and putting
things in
order. This
was after
the searches
which were
again
conducted
around
01:00-02:00hours.
(page nine)
Shown a
typed time
line typed
on a lap top
borrowed
from female
tennis coach
Georgina,
seven adults
there when
time line
drawn up,
then shown
to the MC
CANN’S
afterwards
for them to
make any
alterations
or
additions.
Was written
after the
first
weekend
after
Madeleine’s
disappearance
this was
following
David
PAYNE’S
suggestion.
It was
checked
against
initial
draft, it
was a group
recollection
and with the
groups
agreement.
The document
was typed on
the laptop
USB flash
disk which
was handed
to the PJ
when I went
to complete
my
statement.
Clarified
who Dan was-
Tennis coach
from Mark
Warner, saw
him in car
when
conducting
the search-
he was in a
car, and had
other
occupants
but cannot
say who. He
went on to
search area
which was in
darkness.
Comments- I
am troubled
by MURAT’S
denial of
being there
on the night
of
Madeleine’s
disappearance
and
assisting in
the
translations.
This has
troubled me
he would
have an
alibi had he
have been
honest about
being
there. The
statement
given in
Portugal are
true and
accurate,
other people
put MURAT
there on the
night one of
those being
Sylvia head
of house
keeping. I
would like
to point out
that I do
not wish to
change the
statement
given to the
PJ but have
reservations
that the
time may
have been
inaccurate
and it may
have been
the
following
morning when
I saw him.
Our
statements
have been
previously
given in
good faith I
am positive
that he was
there on the
night. What
I said in my
statement
was right.
To attend
for
re-enactment,
no great
willingness
to attend
suspecting
Kate and
Gerry or the
group is
very very
wrong. How
do we all
move on we
have been
unable to
defend
ourselves in
the press,
we have been
threatened,
the press
just magnify
things, our
professional
status has
been
threatened I
have had the
press
ringing my
ward,
Spanish
reporters
running
around the
hospital.
It is
unbearable.
There are
various
websites set
up about us
all we have
been
reported, on
our lives
are no
longer our
own. It
appears to
us that the
PJ are
trying to
nail someone
in the group
or Kate and
Gerry for
this, to us
they are now
doing too
little too
late. This
all should
have been
done in the
first
10-14days.
At least now
there is a
genuine
attempt to
further
their
investigation,
we have had
so much
adverse
publicity,
we are not
hiding
anything.
We would
only really
be willing
to attend
now if Kate
and Gerry’s
Arguidos
status was
relinquished,
and the
media be
shown that
they are NOT
to blame for
this, none
of us are.
This now
needs to be
managed in a
way that is
mutually
agreeable to
both sides
now, we
don’t trust
the
environment
we don’t
feel that we
would be
safe going
over there.
We are
willing to
help with
the
investigation,
Jane is not
willing to
go back and
I don’t
think that
we would be
able to cope
with it.
Jane is calm
and composed
and able to
deal with
things, but
how is she
expected to
cope with
all the
slating in
the media.
I cannot
stress
enough that
we as a
group have
not been
involved in
Madeleine’s
disappearance,
we have only
ever tried
to help the
PJ and
investigating
officers
with the
investigation
into her
disappearance.
If we are to
be expected
to return to
Portugal for
this
re-enactment
then we will
need certain
assurances.
I wish to
add that
this
statement
may appear
at time to
be
disjointed
but these
are my
responses to
questions
posed by
Leicestershire
Constabulary
Officers on
behalf of
the PJ and
the MCCANN
family.
This
statement is
made by
myself and
is true to
the best of
my knowledge
and belief.
Signed:
RUSSELL
OBRIEN
Signature
witnessed
by: K
HOLLIDAY
4064
|
|
WITH THANKS TO INES |
|
Russell James O’Brien - Record Of
Tape Recorded Interview I |
Edited version - I have removed the "erms" and "you knows" unless
they were the answer to a question.
00.00.11 1578 “Right. The time is eight
fifty-nine am and that is on Thursday
the tenth of April two thousand and
eight. We are in an interview room at
Leicestershire Police Force
Headquarters. I am Detective Constable,
one, five, seven, eight, Andrew GIERC
from the Leicestershire Major Crime
Unit. Would you kindly give me your full
name and date of birth please?”
Reply “Yeah, it’s Russell James O'BRIEN,
twenty-six, eleven, seventy”.
1578 “Thank you very much. As you know
Russell this is your second visit to
Force Headquarters this week. You are
here voluntarily as a significant
witness to assist with the Portuguese
Authorities in the investigation of the
disappearance of Madeleine McCANN, which
occurred on the evening of Thursday the
third of May two thousand and seven in
Portugal. You have given previous
interviews with us on, it was Tuesday
the eighth, wasn’t it, two days ago?”
Reply “Umm”.
1578 “And from those interviews we have
compiled a statement in respect of the
content of those interviews. And what I
would like you to do now is, I will
present you with the statement and I
will invite you to read through it and
we can alter, amend, add, take out
anything you need”.
Reply “Okay, okay”.
00.01.33 1578 “So it is really to your
satisfaction”.
Reply “Alright”.
1578 “It will be your statement”.
Reply “Uh hu”.
1578 “So if, it is quite lengthy, there
are about nine or ten pages”.
Reply “Yeah”.
1578 “And we can, as we go through we
can take note of any modifications or
alterations required”.
Reply “Right, okay. Do you want me to
read this out loud or just to?”
1578 “You can do if you wish it is
entirely up to you”.
Reply “(O'BRIEN read through the
statement). The first page, is, fine. I
suppose the only addition was that, was
an explanation of why I, why I would
look Jane’s statement. And that was
because there was a reference in my
original statement for a period of time
that was not covered in my interview.
That would be the only thing that I
would have”.
1578 “So that is an addition?”
Reply “It says, ‘I have been given the
opportunity to refresh my memory from
the statement made from Jane TANNER’,
she is not actually legally my wife we
are just, we are just partners, , ‘and
I’ve been allowed to see the documents’.
I asked to see her document because my
original statement to the PJ, made
reference, I think for the Monday to the
Wednesday especially, to Jane’s and it
was not written in any detail in mine.
Does that make sense?”
1578 “I think so”.
Reply “Yeah, so I just, I just, the
clarification for why I’m seeing Jane’s
statement was that the three days of, of
the holiday were really a reference to
her statement in my statement. But,
apart from that, the rest of page one is
fine. I can confirm we moved down to
Exeter on the third of January, I can’t
be more specific at the bottom, but. In
the second paragraph, at the start, ‘I
am aware that Matt’, I suppose I’d just
have it clarified that, it says that,
‘Dave is quite certain of what he
expects of things and quite aware of his
consumer rights, et cetera’. I think it
would just be worthwhile, that the
reason I brought that up was I’d imagine
that the people at MARK WARNER may have
probably in London or their Head Office,
would have thought that, that, that,
that this was a, rather annoying email,
in the fact that they had been copied
back in on Matt’s reply, it may have
just irritated a few people at, at their
office. There’s a, an error in the
paragraph that says ‘This was the first
holiday that we have been on with the
McCANN family’, that’s true. It said ‘We
had been due to go away as couples to
Greece in two thousand and six’, Matt
and Rachael, Dave and Fiona and myself
and Jane did go to Greece in two
thousand and six, it was actually, we
were due to go away with the McCANNs in
the Autumn of two thousand and five to
Majorca but pulled out because Jane as
heavily pregnant with, was heavily
pregnant with E***”.
00.06.54 1578 “’This was the first
holiday we’d been on with the McCANN
family’?”
Reply “Yeah, that, that’s true, but it’s
the next statement that’s wrong”.
1578 “’We were due to go away was
couples’?”
Reply “We did go away as couples to
Greece but the McCANNs weren’t with us,
it was with the rest of the group, the
other three couples”.
1578 “Okay”.
Reply “Jane was heavily pregnant for a
holiday in September two thousand and
five to Majorca, where Dave and Fi did
go away with the McCANNs and also with
T*** and, actually, I think it’s S*****
G*** rather than Andrew G***”.
1578 “T*** and S***** G***?”
Reply “It’s S***** G***, I think
actually I said Andrew, it’s actually
S****”.
Reply “And the rest, like I said, is
fine. And the rest of the second page
is, is, is fine”.
00.08.58 1578 “Okay, it is down to?”
Reply “Yeah, the paragraph ending ‘In
relation to (inaudible). And the rest of
that page seems, seems fine. Page
three”.
1578 “This is where we go out of synch a
little, I’m afraid, there was an error
in printing”.
Reply “Alright, so it starts, at my page
three it says ‘Dianne WEBSTER’?”
1578 “Yes, I’ve got that”.
Reply “Have you got that?”
1578 “Yeah”.
Reply “The first three paragraphs are
fine. I think, I suppose, the only
comment is, when I’m talking about
Charlotte PENNINGTON in the fifth
paragraph, I said that she, ‘I believe
she looked after Dave and Fiona’s kids’,
then, then there’s a separate, a sort of
a separate sentence there. And it might
be worth clarifying that, at least in
popular Press, she she, there was a
report that she said she saw Kate and
Gerry at the Airport, but I think she’s,
and I don’t think that would have been
possible, because we had left the
Airport on the coach with her, so I
think she’s probably confusing that
with, with one of us. So that’s, that’s
only a report from the popular Press
rather than anything that she said”.
1578 “So how do you wish us to word
that?”
Reply “I suppose, ‘I believe she looked
after Fiona and Dave’s kids’, full stop,
‘In the media at least she has reported
seeing Kate and Gerry at FARO Airport on
our arrival, but I don’t think, I think
she’s mistaken because they had not
arrived by then’”. I mean, it, it is
potentially, theoretically possible that
she was nipping in and out of the bus,
but I don’t think she would have, they
were, they were a good hour landing
after us and we weren’t extensively
delayed at the Airport, from my
recollection, it seem, probably less
like”.
1578 “So they arrived some time after
you?”
00.12.08 Reply “Yeah, I think they, they
were, they were landing about a full
hour after us, but I think by the time
we’d got luggage out and we were on the
coach, they were actually coming by taxi
anyway, so I don’t think they would have
been expecting to meet anyone from MARK
WARNER, because they’d made their own,
because they’d changed the flight,
they’d made their own independent means
of getting from the airport to PRAIA DA
LUZ. Erm, so, I mean, that’s, she’s
probably wrong there. Yeah, ‘I think the
apartment keys weren’t’, but I think
it’s the other way round really, I
think, I think we were just given our,
we were allocated numbers and I don’t
think the packs had the keys in, but I
can’t be sure, so it’s, it’s the same
sort of thing, I’m not sure, but, it’s
the other way round”.
1578 “’We had been allocated room
numbers and the packs may have included
the apartment keys but I cannot be
sure’?”
Reply “I think they didn’t, they may
have, yeah, I suppose, it’s just, I
don’t think we did get the keys, but, or
the other way round. I, I don’t suppose
that’s terribly important. I’m not, I
can’t quite say, but certainly, in terms
of that text message from a friend from
Germany, I’ve only got a fairly dim
recollection of it, it wouldn’t have
been ringing me in relation to work, I
mean, she was in Leicester as a student
in our University Department about,
nearly eight years ago, so there
wouldn’t be any relation to work now, so
it would have just been, maybe just
delete in relation to work, because I
think she’d either texted me or called
me at some point. I just want to clarify
the, the third from bottom paragraph, on
my copy that says ‘I recall that they
spoke about where to eat’, it’s just, we
were actually at the Tapas here, it says
‘I recall this was to be – at the
Millennium Restaurant’. I don’t, I think
that could be just deleted, I mean, we
had, we had to eat at the Millennium
Restaurant that night because the Tapas
was not open on the, the day of arrivals
I think, but that implies that we were
at the Millennium Restaurant at the time
a little bit, so I would perhaps just
delete ‘at the Millennium Restaurant’.
They told, they went, they went through
the eating arrangements and they
introduced themselves and there were
people recruiting for activities, but we
were actually at the Tapas at the time”.
00.15.28 1578 “So take out ‘at the
Millennium’?”
Reply “I think just delete ‘at the
Millennium Restaurant’, it just implies
that we were in a different position
there. There’s an error in the next
paragraph, ‘We all went to the
Millennium Restaurant that evening, it
was a ten minute walk, this was around
half six to seven’, probably, I don’t
know whether we discussed the times, it
was probably, maybe six to six thirty
for a start. And it says ‘Everyone
expect Matt was there because he was
feeling unwell’, that’s wrong, Matt
actually did come with us but he started
to feel quite unwell when we got there
and just sort of sat looking fairly
green and unhappy during the meal, so he
did come with us”.
1578 “So we amend the time?”
Reply “I think it was probably a bit
earlier than that”.
1578 “Eighteen hundred”.
Reply “Yeah”.
1578 “To eighteen thirty”.
Reply “I don’t think it was,
particularly late”.
1578 “And Matt was present?”
Reply “Yeah, but was just,”.
1578 “But feeling unwell?”
Reply “Yes, and then it just rather
jumps, the next paragraph, ‘The children
were all in bed’ and that the children
came, the children were with us on this
occasion, yeah, they came up to the
Millennium, it was, every single person
went up, because we were all in there. I
think, maybe the clarity is, after we
returned from the Millennium Restaurant
I think everyone just put their
respective children to bed and called
it”.
1578 “This implies that the children
were not with you at the Millennium?”
Reply “Yes”.
1578 “Which in fact they were?”
00.17.06 Reply “No, every, we all went
up and then we came back, well I think,
when, if we had the video, what, what
went on and we talked about there, is
that we return, after we returned from
the Millennium Restaurant we didn’t
really do much else, I think we just got
our respective children to bed and then,
and then probably went too, or not that
much longer afterwards. The rest of that
page is fine. A little bit sort of out
of, out of, synch really about Jez, I
mean, it’s talking, it’s going back to
the coach and not saying much on the
plane. I think, I certainly don’t think
I recall, I, I, we did see Jez around
the MARK WARNER complex, we were on,
hello terms, I don’t know how, we were
on kind of greeting terms, we had the,
the odd, the odd conversation here and
there during the week, he played I think
a lot more tennis, so he knew, he had
more, a lot more time with Gerry than
with me, and it says ‘I hadn’t met him
prior to being on’, oh yes I have, ‘We
didn’t speak much’”.
1578 “’I hadn’t met him prior to being
on the plane’?”
Reply “Yeah, I did meet him on the
plane, yeah”.
1578 “That is correct, isn’t it?”
Reply “Yeah, it’s just jumping around a
bit, isn’t it really”.
1578 “’I can’t recall him being on the
coach from the Airport but I think that
he must have been on there as he was
staying on the same resort’?”
Reply “Yeah, I think it’s just to say
that”.
1578 “So if we add there that you saw
him”.
Reply “It’s just like all three
sentences are all kind of ploughing into
one there. ‘I recall seeing Jez around
the MARK WARNER complex and was on’, I
don’t know, ‘polite terms with him’,
we’d sort of say hello and not, we’ve
had a couple of conversations probably,
but not much more than that. and then,
we didn’t speak much, ‘I hadn’t met him
prior to being on the plane’, full stop.
‘I can’t recall him being on the coach’,
but, he almost certainly was because he
was staying on the same resort, that’s
fine. And I don’t, ‘I don’t know
whereabouts he was staying but I think
it was fairly near to where we were’”.
00.19.42 1578 “Fairly near to where you
were?”
Reply “Yeah, I think it was in, either
the apartment blocks near us or there
was some just over the other side of the
road, as we discussed on Tuesday, MARK
WARNER didn’t own every, every apartment
in every block, they had a, sort of a
splattering of apartments across the
Ocean Club. It says ‘Sunday the
twenty-ninth of April’, I think it’s
worth just saying, on that it currently
runs, I think it’s actually running
straight into the Monday thereafter, we,
I think I booked into Water Sports on
the Saturday at this meeting at the
Tapas, I think that’s where you made
your bookings, it possibly may have been
on the Sunday, I’m not entirely sure
there, but”.
1578 “So the booking for Water Sports?”
Reply “May have been on the Saturday at
the Tapas, it could have possibly been
on, at a separate meeting on the Sunday,
I’m not entirely sure whether there was
one, one introductory meeting where
everything happened including some of
your bookings for what you wanted to do
or whether there was a separate one on
the Sunday. But, just the way, the way
this reads it implies that I had wind
surfing lessons that day, but actually,
there was no water, I don’t think there
was anything in terms, in terms of
lessons down at the waterfront until the
Monday”.
1578 “’I can’t recall exactly what I did
on that day’ it should read, shouldn’t
it?”
Reply “On that day, yeah. But ‘I’d
agreed to have wind surfing lessons and
do a bit of sailing’ shall we say
‘Monday through Thursday’, we add
‘Monday through Thursday’, because we
certainly didn’t do that, I think the
Sunday was sort of a, a relative day off
for, for the staff, well certainly with
the, for the staff at the beach I think.
I think the rest of it’s fine. I don’t,
I really can’t recall an awful lot about
the Sunday, I think we probably just had
a bit of a look round, a trip to the
beach. I’ve got a vague idea I, that you
may have been able to still hire the
kayaks, so I think I might have had a go
on one of them, but I suppose that’s not
terribly, terribly relevant. It says on
the next paragraph ‘I’m aware that
Rachael asked to eat there each night
for the remainder of our stay’, that’s
correct, but I think it’s worth pointing
out that that booking was probably made
on the Monday. So we made one-off
booking to eat at the Tapas on the
Sunday, as I say, I think that was
Rachael. But I might be confusing it
with the, the next day, where there were
only a certain number of us around and I
think Rachael made, asked, was asking if
there was a block booking and I can
certainly remember being stood, around,
there was a number of the group, with
her at the time, but I think it was
Rachael that asked”.
00.22.48 1578 “So Rachael asked for the
block booking on the Monday?”
Reply “After we’d eaten there once. We
must, we, we didn’t know what it was
like and I think we ate there and,
enjoyed it and thought it was, it was
going to be convenient, for, for, for us
and for the children and so the block
booking would have been the next
morning. So, yeah, Matt was unwell on
the Sunday. Yeah, there was only eight
of us there. It doesn’t quite make sense
here. It says ‘In relation to the child
care issues it was a collective decision
made as a group’, fine. ‘Dave and Fiona
used their two-way child monitor’,
‘alone to monitor their children’
because they”.
1578 “’Dave and Fiona used their two-way
child monitor to monitor their
children’?”
Reply “Yeah, and that, that’s what they
used because they had this, they could,
they could listen in and talk to, in
their room as well, so they didn’t. And
then it says, and it doesn’t make sense,
it just says ‘Kate and Gerry to check
their children’, there’s a verb missing
there”.
1578 “Really it should be a full-stop
after ‘their children’, shouldn’t it?”
Reply “A full-stop, yeah. Yeah,
full-stop, yeah. And then ‘Kate and
Gerry’, I’d say, ‘physically’,
‘physically went’, yeah, ‘physically
checked’”.
1578 “’Kate and Gerry had to physically
check their children’?”
Reply “A physically check, ‘physically
check their children’, ‘as did Matt and
Rachael to check G***e and Jane and
myself to check E*** and E***’. I’m not
sure that we were ever, I don’t think we
were led to believe that there was a
Baby Listening Service, I think”.
00.25.06 1578 “Right, just bear with me
a minute”.
Reply “Sorry”.
1578 “’We were led to believe that there
was a Baby Listening Service but this
wasn’t the case’?”
Reply “I don’t think we were led to
believe, I think we, we, knew that there
wasn’t a Baby Listening Service, I don’t
think we were led to believe that there
was. There were certain things in the
brochure about the resort that were
incorrect and that formed part of Dave’s
emails, but they were largely about
other things, like hire and,”.
1578 “’The brochure was incorrect’?”
Reply “In, in, in other ways, but I
don’t think it was about, it wasn’t
about”.
1578 “Was incorrect in relation to the
Baby Listening Service?”
Reply “No, I don’t think, I don’t, I
don’t remember it was, I think,”.
1578 “’The brochure was incorrect in
other aspects’?”
Reply “Yeah, fairly trivial, just about
I think”.
1578 “’And these formed part of’?”
Reply “Of Dave’s correspondence with
MARK WARNER. I think it was, there were
a few things that I, because it was a
new resort I think things had, were,
were in a state of flux for MARK WARNER
on what, on what was said in the
brochure and what was actually there and
things were changing and some things
that we were promised didn’t happen,
some things that, that were. A lot in
the brochure were actually there and, I
don’t, it wasn’t that there wasn’t a
Baby Listening Service, I don’t think,
but, I think, I think for the next
paragraph, ‘Kate and Gerry would check’,
it says ‘Initially we would only check
our own room’, I think actually it was,
it was more, it was more fluid than
that, I think early on, for instance”.
00.27.20 1578 “Sorry, whereabouts are
we?”
Reply “’I’m aware that initially we
would only check on our own rooms, on
occasions we may have listened at other
apartments and doors and windows’, I
think actually, generally speaking, what
we would do is, we would often listen at
other, often listened at the windows of
the other apartments and routinely go
into our own. But it wasn’t a question
of initially we’d only check our own
rooms, I think actually earlier on, and
certainly from my point of view, I
actually went into Kate and Gerry’s
room, on the Sunday and Matt’s room on
the Sunday, we, at the start we were
going to each and every room, but I
think then, because there was a bit of,
it was actually more that we would
listen at the windows and go into our
own room, because there was, , everyone
was going up and down in a cycle, in the
circuit, so”.
1578 “So ‘We may have listened at
other’?”
Reply “Listened and, and early on
actually checked, yeah, early on we”.
1578 “’Listened at other apartment doors
or windows’?”
Reply “I think that happened, that
happened quite a lot, we would often do
that”.
1578 “So you are happy with ‘the doors
or the windows’?”
Reply “Yeah, ‘listened at the doors and
windows’”.
1578 “’And also’?”
Reply “’And checked on our own rooms
and’, ‘on some visits other people’s
apartments’. But I don’t think it was
like, I don’t, it’s the word ‘initial’
‘Initially we’d only check on our
rooms’, I don’t think that was
necessarily true, I think we would be
listening at the window just to make
sure no-one was awake”.
1578 “So we could take out that
‘initial’ then?”
Reply “You can just say, yeah”.
1578 “’I’m aware we’?”
00.28.50 Reply “Well, ‘I’m aware that we
checked our own rooms and also listened
at other apartment doors and windows’
and then ‘maybe on occasion, on some
occasions we actually entered the other
rooms as well’. The next paragraph, I
don’t think I was quite so specific
about, , ‘Other people’s apartments were
on deadlock’, but I think when I, well,
so that’s wrong. ‘On Sunday I recall I
checked Kate and Gerry’s apartment as
well as Rachael and Matt’s’, that’s
true. I’m not sure about taking their
keys, I think I, I think I definitely
took Matt and Rachael’s keys, but I
entered Gerry’s flat through the patio
door”.
1578 “Okay. So, ‘I had taken their keys
and recall the door was deadlocked, I
needed to turn the key two times, the
shutters were down’?”
Reply “Yeah, yeah, I don’t think, I
don’t think,”.
1578 “’I recall that Gerry and Kate’s I
had to get (inaudible)’”.
Reply “That, that, that is me talking
about our arrangements in our flat, so
it’s kind of all fused into one there.
So maybe just to clarify that, it would
be easier to say ‘In our flat we closed
the patio door, shut and locked’, ‘shut
the blinds, the shutters down and locked
the internal window, double locked the
front door after we went out and the
patio door was also locked, was closed
and locked’. So that was, that was our
arrangements inside our flat. And then
on Sunday ‘I recall I checked Kate and
Gerry’s apartment as well as Rachael and
Matt’s and my recollection is that I
needed Matt’s key to check on their room
and I had it, but I didn’t need Kate and
Gerry’s key because they went through
the patio door’, we went through the
patio door to cross in and look into the
children’s bedroom. So, at the time, I
have to say, I didn’t really think that,
about the differences in how, in how we
were, the security in the, in the rooms
was, but, I definitely did not go in
through Gerry’s and Kate’s main, double
locked door or anything, I’m sure I went
through the patio, so I think they were
doing things differently from Matt and
Rachael, at least from the ground floor
perspective, right from the word go”.
1578 “Okay”.
00.31.51 Reply “But, yes, the business
about ‘The door was deadlocked and I
recall I needed to turn it two times’,
actually that is not recalling anything,
that’s just describing how, how we,
left, left five ‘D’ when we went to,
went to dinner, closed the patio door,
deadlocked the main door, put the
shutters down and”.
1578 “Sorry, whereabouts are you now?”
Reply “I’m just clarifying what I’ve
already said there. As I say, that this
is sort of two different, threads of the
same conversation here. One conversation
is, what did, what did we do in our
flat, and that is the shutters were down
on all the windows, the internal windows
behind the shutters were shut and
locked, and the patio door was, was
locked from the inside and, and then we
went out through the main door into the
car park and double locked the door. We
were conscious that, if you, you only do
one lock on the main door then it can be
opened from the inside but if you double
lock it then, then, then you need the
key to get in or out”.
1578 “Yes”.
Reply “And then the second point is,
what did I do on Sunday, and on Sunday,
on one of the visits at least, I went
back to five ‘D’ and checked on our
children, but I also went to five ‘D’ on
Matt’s and I, I’m pretty sure that I
needed Matt’s key to do that, so I think
they were doing the same as us. But
when, for Kate and Gerry, I just went in
through the patio steps and, and just
across to the room. It says ‘I recall
that their front door was accessed from
the car park but immediate access to
their apartment was gained from the pool
side’, and I think that’s, I mean, that
was correct on, on, on that particular
night and that particular visit, it’s
whether that was what they were doing
every night, I’m not sure, but I think,
they generally were going in through,
through the, through the patio door”.
1578 “So if we put ‘generally’ in
between ‘but’ and ‘immediate’, ‘But
generally immediate access to the
apartment w as gained from the pool
side’?”
Reply “The pool side, yes, to their
apartment, yeah. The rest of that page,
as far as, ‘Back to the apartment but I
can’t be sure’, is fine. So on Monday
the thirtieth of April now, I think that
can, (inaudible) Jane’s, not very
important, but, I think it’s not ‘Wind
surfing or sailing’, I think it was wind
surfing, so ‘or sailing’ can be
deleted”.
00.35.43 1578 “’I recall I may have done
some wind surfing or sailing’?”
Reply “Yeah, just delete ‘or sailing’ on
Monday, it was wind surfing. ‘I dropped
E*** off at the crèche’, she was always
quite happy to go, it wasn’t that she
didn’t like going, actually it was E***
that, E*** was a little bit more,
reticent about going, so there’s two,
there’s two things here. What I would
say here is ‘I dropped E*** off at the
crèche’, ‘and E*** was also left at the
crèche although wasn’t quite so keen on
it as E*** initially’. So it was E***
that wasn’t as keen on it”.
1578 “’E*** also dropped off’?”
Reply “’Also dropped off’, they were
obviously at separate places. And the
point about, at the end of the holiday,
was that our intention was not put E***
or E*** into the crèche on every session
because obviously I sort of don’t see
them as much as Jane does and I, I mean,
there were a couple of sessions we
didn’t, we didn’t put them in, so I
just, had some time with them over, over
the week. But, as time went on, although
this clearly also, goes into the couple
of weeks, E*** loved it so much, she was
saying, ‘I just want to go’, ‘I want to
go to club’. So, although we weren’t
intending to put E**a in all the time,
in the end she went most, well she did
go most morning and afternoon sessions
because she was so keen on it and had
such a great time there”.
1578 “So ‘E*** went to’?”
Reply “’E*** went to Kids Club’”.
1578 “’Kids Club’?”
Reply “The plan was for her not
necessarily to go to all sessions”.
1578 “And the Kids Club was the
reception, wasn’t it?”
00.37.27 Reply “That was down at the,
yeah, the Ocean Club. E*** was in the,
the crèche, but immediately behind the
Tapas. But the plan, our plan at least,
Jane and mine, was that we would put
them into a certain number of sessions
just allow us some free time to, to, to
do a few other things, but that I would
probably spend some time with them not
in clubs. But E***, E*** absolutely
loved it and after a couple of sessions
E***, E*** was pretty happy there too”.
1578 “So ‘I dropped E*** off at the Kids
Club’?”
Reply “Yeah, that’s probably more, not
crèche”.
1578 “’And E*** reception’?”
Reply “’E*** the crèche’”.
1578 “Sorry, ‘at the crèche’”.
Reply “E***nt to the crèche”.
1578 “Initially?”
Reply “Initially E***ell, I mean, and by
initially, like a lot of nursery, when
you leave people at nursery, I mean, for
the first five minutes, E***sn’t very
happy, but, no, she been at pre, had
been going to pre-school and had gone to
nursery actually for a lot longer than
E*** over the years, so she just sort of
got on with it, just went in and got on
with it”.
1578 “So the statement there that
‘Initially she didn’t like going but by
the end of the holiday she was asking to
go’?”
Reply “That’s, that’s”.
1578 “That is correct in respect of E***
Reply “No, no. No, no, no, I mean, E***s
only one so she wouldn’t be asking to go
anyway”.
1578 “Sorry”.
00.38.41 Reply “Sorry, the clarification
here is, that we weren’t going to book
them in for every session, initially we
dropped of E***he just got on with it,
absolutely happy from the word go. Erm,
E***en we dropped off, would have a bit,
a few tears like a lot of young kids do
when you leave them at nursery, but
there were no reports of her not having
a good time and she was happy, once she
had been dropped off. The comment about
wanting to go more was actually as the
week wore on, although I’m talking
really now, we were there for an extra
two weeks and we used the facilities of
MARK WARNER, so E***s enjoying the Kids
Club so much that she usually requested
to go rather than, rather than us kind
of saying, ‘Do you want to go’. So
E***end up, going to probably more
sessions because she just got so much
out of it and came back, so animated.
And they were very good with them, they
took them out, they changed, every half
hour they’d do something different,
they’d do something inside or they’d go
to the beach or they’d go sailing or
they’d go and play tennis, a really,
really exciting day for E***d she would
come back absolutely knackered. So I
think that, that’s just for
clarification. Yeah, I think, where it
says ‘We generally ate with Rachael and
Matt’, ‘and this was in our apartment or
theirs’, I think it could be worth
saying there ‘We also ate in’, ‘Fiona
and Dave’s flat’ full-stop. ‘And then
after Madeleine disappeared we all began
eating in Dave and Fiona’s’, well ‘We
all began eating lunch at Dave and
Fiona’s apartment very, very, very
regularly’, that became the focus for us
all. So just the addition of, ‘and
sometimes at Fiona and’”.
1578 “’We didn’t eat out at lunchtime we
generally ate with Rachael and Matt’?”
Reply “’And this was in our apartment or
theirs or also Fiona and Dave’s’, that’s
probably the easiest way of just adding
it without changing the whole thing. So
there was a, there was a sort of a
circuit of lunches where all the kids
would get together and after Madeleine
disappeared we generally ate lunch at
Dave and Fiona’s apartment”.
1578 “So we include ‘or theirs/Dave and
Fiona’?”
Reply “Dave and Fi as well, yeah. And
then the next bit is fair enough, which
is fair enough there that ‘After
Madeleine disappeared we began eating’
maybe just ‘lunch at Dave and Fiona’s
apartment regularly’. At the end, the
next paragraph is fair, it’s fair enough
I think, I think that’s fine. An
addition at the end maybe just saying,
regarding the Monday and Tuesday, I
think it was Monday night because, I
have this recollection that on Tuesday
it was the first night we’d all been
together, the nine of us, actually,
present”.
00.42.23 1578 “Yes”.
Reply “However Jane actually thinks that
it was, Tuesday, it was probably Tuesday
night, so we’re, we’re not entirely
sure. I don’t know if that’s going to be
very relevant, but I thought it was
Monday and Jane thinks it might have
been Tuesday”.
1578 “You say ‘Either Monday or
Tuesday’?”
Reply “Yeah, so as long as, well”.
1578 “You could cross-out ‘either’ and
put in ‘possibly’. ‘Possibly Monday’ and
cross-out ‘or Tuesday’?”
Reply “I don’t know, maybe I’m just
being fussy. I mean, it was either
Monday or Tuesday, me and Jane can’t
quite agree on that one, we thought.
Just leave it as it is”.
1578 “If we leave it as it is. We do say
‘Either Monday or Tuesday’, don’t we?”
Reply “Yeah. I think rather than, at one
point I know, Madeleine and Sean and
Amelie did eat lunch in, in Dave and
Fi’s apartment, so rather than ‘each
day’ it might be worth just saying ‘most
days’. I think they, they generally, had
their lunch separate, I think. So it
says ‘Kate and Gerry had lunch in their
apartment as they did each day’, but
there was certainly an occasion on one
of them, sort of a Sunday, Monday,
Tuesday, that they, that they ate up in
we were all, all the kids were together
at one point, it was a bit of a squeeze
with everyone in there”.
1578 “So do you want to?”
00.43.43 Reply “Just change it to ‘most
days’ and then at least it, because it
certainly wasn’t sort of every day. It
says ‘I want out’, I think it should
probably say ‘I went out’. I think the
conversation we were having there is
actually I think me and Matt”.
1578 “It should be ‘went’, shouldn’t
it?”
Reply “It should be ‘Went out in the
afternoon to the beach’. And I think
this is, what we were saying at this
point is, I think me and Matt actually
went kayaking. And I don’t know”.
1578 “’I went out in the afternoon near
to the beach’?”
Reply “Well ‘to the beach’, I think
possibly me and Matt may have kayaked”.
1578 “So we will cross-out ‘near to the
beach’ and ‘think’?”
Reply “’Matt and I went kayaking’. I
think Dave came, yeah, maybe even Dave
came as well. There was, there was
several on one occasion, the three, the
three of us”.
1578 “’Kayaking, possibly with Dave’?”
Reply “Possibly, but certainly with Matt
and maybe ‘with Matt and possibly also
Dave’. There was one, there was one
occasion when the three of us took the
kayaks out. And I’m not quite sure what
the next bit is, ‘Saw your children with
their Nannies at the Mini Club. We met
at the Tapas Bar’. I think this is
actually, this is, that’s, this is me
describing what happened at the end of
the afternoon, the afternoon Mini Club.
At the end of the morning session we
generally had to pick them up from Ocean
Club, at the end of the afternoon
session the Nannies would bring them up
on a little kind of plastic chain, all
the kids would sort of hold onto a
thing”.
1578 “Yes”.
Reply “And they would walk them through
that garden I described on Tuesday and
they’d come across the road and go to
high tea about five o’clock. So I think,
certainly we wouldn’t go to the beach
and ‘Saw the children with their Nannies
at the Mini Club’, I mean, we went to
the beach had a kayak and the children
came back to high tea at about half
five, brought back by the Nannies from
Ocean Club”.
00.45.05 1578 “’The children came back
about half five to high tea’?”
Reply “Yeah, from, ‘from Ocean Club
accompanied by the Nannies’ which is
what they did every day. Maybe, this is
just the description of, of what tended
to happen. As I say, we didn’t have, you
didn’t have to do a pick up at”.
1578 “’The children came back about five
thirty pm from Ocean Club’?”
Reply “Yeah, five fifteen, five thirty,
yeah”.
1578 “’To’?”
Reply “’To the Tapas area’, there was a
sort of raised covered area where they
would sit all the kids down and they
would bring them out their food, so they
were fed separately”.
1578 “’For high tea’?”
Reply “Yeah, I’d never heard of the word
‘high tea’ until I’d been to MARK
WARNER. Okay, yeah, I think there’s, I
mean, certainly days that were generally
uneventful and nothing kind of sticks
out in my mind about anything unusual
that gave us any suggestion that we were
in for, for the events that we were in
for”.
1578 “Umm”.
Reply “It’s worth, it says, ‘I recall
that there was a Trivia Quiz on either
Tuesday or Wednesday evening, it was
conducted by aerobics’, this is wrong.
This was a way, if you had other
information, of working out which day I
wasn’t there. There was, the day that I
didn’t, so either on the Monday or
Tuesday, the day that I wasn’t there,
that, that I think it was that, there
was an aerobics instructor who, this is
second-hand information, who was
drumming up some support for, some group
called Pool Aerobics or something, from
the people who were there. And the only
reason I mentioned that was, if you had
that information in other people’s
statements about what night the quiz
took place on, that was the night I
wasn’t there”.
00.47.55 1578 “Right. ‘I recall there
was a Trivia Quiz on either the Tuesday
or Wednesday evening’”.
Reply “So that might be better, jumping
back up to where I have said ‘I know on
one of the evenings, either the Monday
or Tuesday, I stayed in the flat with
E*** wasn’t well and Jane brought her
over’, so if at the end of that
statement, that paragraph, it then says
‘this occurred on the night where there
was a Trivia Quiz, possibly conducted by
the aerobics instructor’, I mean, that
would, that would. And then when, when
the statements are, are
cross-referenced, then I think it would
be probably fairly apparent to know
which night that was”.
1578 “Then we can delete those two
lines?”
Reply “And then the rest of it can go,
yeah, that doesn’t, I mean, I might as
well hop, hop back up to the, the other
bit. But I wasn’t there, I don’t recall
the Trivia Quiz, that was the night I
wasn’t there, it is only speaking to
other people, that I know that that was,
that that was the night I missed. On
Wednesday, it might be worth saying that
‘Rachael was ill and stayed in the
flat’”.
1578 “Right. So ‘On Wednesday Rachael
was ill and stayed in the flat’?”
Reply “In five ‘B’. It says ‘I checked
the McCANN’s apartment’, kind of implies
I may have gone in. I think that I made
a check to the apartments at that point,
which would have been in, certainly by
this point, it was generally a listen
outside with the others and a check on
your own”.
1578 “’I checked the McCANN’s apartment
and I believe that this was around
twenty-three hundred’?”
Reply “Yeah, I think this is a kind of
fusion of all that we were discussing on
the extra, the extra visits back from
the bar and I said well within that hour
I think me and Jane, yeah, me and Jane
had gone back, once each”.
1578 “And this was on the Wednesday?”
Reply “This was just the Wednesday. This
is when we stayed, after the meal we
stayed in the bar area for a, for a
cocktail or something and then, so we
were out for a little longer than any
of, any of the other nights. And on the,
but the way it’s written there it says
that I checked the McCANN’s apartment,
but I think by this part of the week,
certainly on my, from my, my own, when I
went back I generally went into our
apartment and then we’d just have a
listen at the shutters on the others”.
00.50.33 1578 “So if I say or if we say
there ‘I checked the McCANN’s apartment
by listening at the shutters’?”
Reply “Yeah, yeah, from outside, yeah.
And that would have been true for Matt’s
as well. Certainly I didn’t end up,
after that first Sunday night, I don’t
really recall going into the other
people’s apartments with any, at all
really, I think it was largely a listen
to make sure all was quiet and a check
on your own. And everyone was doing
this, with a listen outside. So there
were fairly regular listens and then
slightly less regular visits inside by
people, individual, parents. It says
‘All appeared to be well’ rather than
‘too well’. ‘It all appeared too well’
sounds a bit ominous”.
1578 “Yes, possibly right”.
Reply “’Went to the flat with E*** No, I
didn’t leave Ev***the flat. It says
‘Went to the flat with E***whileshe was
resting I went outside to watch Jane
play tennis’. I think I was sat and, I
went to the flat with E** she, I think
she did have a snooze that morning, and
I read a book and played with her and
then, at some stage, I think when Jane
had finished playing tennis, I then went
out with E** play tennis”.
1578 “Right. So we just need to add in
there then?”
Reply “Well if it just said that, well
E*camewith me to watch the tennis,
E*wasn’t in the flat on her own at that
point during the day. ‘Went to the flat
with E* read a book, later me and E*went
outside to watch Jane play tennis’
full-stop. Maybe, ‘I believe I saw
Madeleine at lunchtime’, I’m sure that.
And it says ‘I can’t recall if I
collected El*or whether she was brought
up by the Nannies, it’s all a bit hazy
now’, I think I can probably say the
Nannies did not bring the children back
at the end of the morning session
because there was no tea, they weren’t
bringing them back sort of thing. So I
think I can probably, I can probably
clarify there that, ‘Either Jane or I
collected El*from the’ ‘Ocean Club, Mini
Club’”.
00.53.16 1578 “’Either Jane or I’?”
Reply “Yeah, and it’s slightly out of
order here now. The next paragraph,
yeah, the wording, it’s a bit, it’s a
bit sort of, I mean, there’s, there’s
such a kind of, uncomfortable
coincidences next, in this next, but
this is out of order, this is before we
have gone and collected E** So after
I’ve gone out to play tennis, the next
couple of paragraphs occur and then ‘We
probably saw Madeleine at lunchtime and
one of us probably collected El*so it’s
slightly out of, it’s slightly out of
synch this”.
1578 “So”.
Reply “So these two paragraphs probably
are going to go in at the point where I
went outside to play tennis”.
1578 “Sorry, which two paragraphs?”
Reply “Well the bit about the”.
1578 “So those two paragraphs”.
Reply “The chap on holiday, feeling,
awkward, taking a photograph of his
daughter”.
1578 “Yes, they want to be slipped in?”
Reply “They need to go at the end of ‘I
went outside to watch Jane play tennis’
full-stop, because everything else is at
lunchtime, this was actually before
lunchtime. I think the wording here is a
bit, is a bit”.
1578 “In between ‘play tennis’ and ‘I
believe I saw Madeleine at lunchtime’?”
Reply “Yeah, yeah, so that’s coming, ‘I
saw Madeleine at lunchtime’ and ‘Me or
Jane collected El*from the Ocean Club’
will be a kind of, a later paragraph.
No, this is wrong.”.
00.54.54 1578 “Just bear with me a
moment please”.
Reply “I mean, the essence of it is
right, but, but the”.
1578 “So we now go to?”
Reply “’I recall’, I mean, it’s a bit,
it doesn’t need the ‘I recall’. ‘After’,
it’s actually ‘After Jane’”.
1578 “Are these the two paragraphs that
we want to?”
Reply “That we’ll be moving to, at the
end of that (inaudible)?”
1578 “Yes”.
Reply “It’s actually going to be ‘After
Jane’s tennis lesson’. You can actually
delete ‘Madeleine was playing tennis’ at
all, because, it wasn’t Madeleine,
Madeleine and E**a had done this the day
before”.
1578 “Okay. So I shall take out ‘I
recall that Jane was having a tennis
lesson’?”
Reply “It’s just ‘After Jane’s tennis
lesson’”. And then you can actually
delete ‘Madeleine was playing tennis,
they were having a lesson’, because
that, well it wasn’t Madeleine that day
at all. It says ‘After Jane’s tennis
lesson’, I’ll try and preserve it as
much as possible, ‘I recall that one of
the guests’, ‘a man from Southampton
came up’ full-stop. ‘His daughter’, it
was his three year old daughter, ‘his
young daughter was having a’, this, it
may be word perfect, ‘was having a’,”.
1578 “We have got ‘His daughter was
playing tennis’?”
Reply “Well, yeah, his, his daughter was
having a tennis lesson, a kid’s tennis
lesson, I mean, she was only, she was
probably the same age as E and E, they
were in the same, they were all at the
same clubs but they had, there were,
there were a certain number of children
so they had them in two groups, so they
didn’t always do the same thing, Beavers
and the Lobsters or something. And,
yeah, she was having a, a sort of, well
kind of a kiddies tennis lesson”.
00.56.50 1578 “Yes”.
Reply “And the question about Madeleine
then, this is exactly the same as
Madeleine and E had done the day before.
And that’s where that very famous
picture of Madeleine with the tennis b*lls
was taken, so. But it wasn’t Madeline on
this day, Madeleine and E were in the
same group and I think they’d been done
on, the Tuesday or the Wednesday, they
had come up, so they all, there were two
kind of mini kid groups, mini club kid
groups and they did, they were on like a
rota and they did things at different
times and on different days. So
Madeleine was not there at that point at
all. And I think that’s important,
particularly, because of what the man
said, if Madeleine was potentially being
photographed by anyone, it was
absolutely clear that Madeleine and E
were not there that day. It says ‘I
recall that a guy from Southampton came
up, his daughter was playing tennis, he
wanted to take a picture’, ‘but casual’,
maybe ‘casually expressed to us how
uncomfortable he felt in doing so’”.
1578 “’But casually expressed’?”
Reply “Yeah, he wasn’t, he just. And it
might be worth saying that, he said that
the, something like, ‘These days you
feel like a pervert’ or maybe just
extending that, ‘You feel like a dirty
old man taking a picture of your own
daughter’ maybe just to make it a bit
more explicit, because that’s what he
said, he didn’t just come up and say ‘Oh
I feel like a dirty old man’, sort of,
‘In this’, ‘The way things are these
days’, ‘you feel like a criminal’ or ‘a
dirty old man taking a photo of your own
kid’”.
1578 “’The way things are these days you
feel like a’?”
Reply “Yeah, it, it was, it was a, it
wasn’t just a ‘Oh I feel a bit dirty
taking this’”.
1578 “Did he use the word ‘pervert’?”
Reply “Huh, we had a whole conversation
about this and whether those were his
first words or whether this was what,
because there was Kate, there was
myself, Jane, Rachael, him, there was a
small group, around, and I think he felt
a little self-conscious because he was
walking past another group of parents
taking a photograph of several kids at
the net of the tennis”.
00.58.58 1578 “Yeah”.
Reply “I don’t know if he used the word
‘perv’, but the conversation went round
on this and, that, that society, makes,
can make normal parents feel
uncomfortable doing what ten, twenty,
thirty years ago would have been
considered an entirely innocent thing,
like taking a photograph. I think it
would be ‘a dirty old man’, ‘feel a bit
of a perv’, phew, I don’t know what his
first words were. But then we actually
had a conversation and I think, we,
probably as a group, kind of said, said
‘It’s ridiculous isn’t it, you take a
picture of your own kid and you’re made
to feel like you’re a pervert’ or
something like that. And I don’t like
the next paragraph the way it is, I
think its”.
1578 “Just a moment. And present at that
conversation were?”
Reply “Well certainly myself, Jane, Kate
and Rachael, I don’t know if there was
any, I think it was kind of generally a
sort of women’s tennis lesson that had
gone on, there may have been a partner
of one of the other, of the other
guests, there were a couple of people
who were, who Kate and Rachael and Jane
had played with, I, I forget the names.
I’ve got this vague recollection there
was a lady who, probably in her
mid-forties, blonde hair, who may have
been there as well, I, I never really
spoke to her really. But there may have
been one person like in the group as
well who had been playing tennis. And
this chap who, who whose name is in my
original statement, I’m afraid I’ve
forgotten what it was, but he, as I say,
he lives in Southampton, he was there
with his wife and a young kid and, and
had lived in Exeter about fifteen years
before, which was one of the
conversations we had, at that point.
But, yeah, those are, those, certainly
Rachael, Kate and myself, Jane and this
man”.
1578 “Okay”.
01.01.23 Reply “And the next paragraph
just doesn’t, I know it’s been cobbled
together, it doesn’t read, actually I
think”.
1578 “’I found this most
uncomfortable’?”
Reply “Well, no, I think, not”.
1578 “Or are we going down to E?”
Reply “No, no, no, ‘I found this most’,
I mean, huh, it’s my recollection that
at the time it seemed, like, huh, a
slightly lamenting conversation about
the state of modern day, Britain, so
maybe, I think it might be worth just to
clarify, we then, , something like ‘We
then had a conversation about the
seemingly’, , ‘ludicrous nature of’,”.
1578 “Okay”.
Reply “’Of, , ‘that you couldn’t take
photographs of your own children’”.
1578 “’We then had a conversation’?”
Reply “Yeah, that ‘the ludicrous
pressure on parents that they can’t take
photographs of their own children’,
because I think that was the essence of
it. And certainly the other, the other
aspect of the conversation that was
made, which kind of, is, huh, is doubly
haunting, was that, we said that,
‘You’re far’, You’re far more likely to
get clobbered by your uncle or your
neighbour than some’ ‘random
stranger’.Which in light of the way that
the Police investigation has gone, it
feels like, a real kick in the nuts”.
1578 “’Far more like to get clobbered
by’?”
Reply “You’re far more likely to have to
have a problem with somebody, from
somebody and we actually said, and that
was actually sort of said, we all worry
about, , a small number of fairly kind
of sick perverts”.
1578 “Rather than a stranger?”
01.03.14 Reply “Rather than a stranger,
yeah, but, huh, which of course, of
course statistically is true. And the
bit here that says ‘I found this most
uncomfortable’, is that, since, since
this happened, ten or eleven hours
before, before Madeleine was abducted,
it just seemed a really, it’s really, a
very, very uncomfortable coincidence,
ever since I found this, this whole pile
of things that are nast, are really kind
of unpleasant, but the fact that we
actually had this conversation, within
twelve hours of her going missing was,
was, well, haunting, that men were.
.It’s just, I mean, it is just a
coincidence, it’s not as if, within the
space of a year in Britain, , you don’t
hear of, a school banning cameras and,
it’s quite, it’s not an uncommon
conversation I think for, for parents
with young children these days to think
has it gone too far, is there too much,
is there too much kind of worry and
protection and are we, damaging
children’s upbringing, by by not
allowing them to, to run free a little.
I think, yeah, and the last statement, I
definitely want that there. I mean, as
far as I was concerned, this was, this
was an entirely reasonable comment from
this man, he’d just walked past a few
parents, some of whom he probably didn’t
know, and he was taking photographs of
his daughter, who was on this tennis
court, but there were adjacent children
in, in, in shot. I can, particularly as
a, as a man, can particularly understand
how he might have felt going up there
because clearly, this is, this is
something that, you need to be aware of.
And my dad, we’ve had a conversation
about this since, when I was little and
growing up, in the street he would
freely talk, he would freely talk with
my friends and people going by and he
says, just, these days you just, you
just ignore people, you ignore children
because you wouldn’t want anyone to sort
of think that you were, you were kind
of, trying to entertain them with an
ulterior motive. So this did not feel
bad and I would hate to think that me
saying this that anyone would think that
I was trying to implicate this man, I do
not think that there was anything
untoward in it”.
01.05.55 1578 “Okay”.
Reply “Yeah, ‘I went back to the Kids
Club’, ‘I think Jane was looking after
E’, well ‘Jane was looking after E’,
there wasn’t a question of”.
1578 “So ‘I think that’ wants coming
out?”
Reply “Yeah, ‘Jane was looking after E’,
we didn’t, we didn’t put her into, into
the club that afternoon. Yeah, ‘When I
was with Matt he fell in the water and I
saved him’. The saviour. yeah. Sorry,
yeah, the rest of that page is fine. It
sounds like I’m blowing my own trumpet
there, but I’m a bad sailor, it, it was
quite a, it was quite feat. So at the
end of page”.
1578 “Where are we now up to?”
Reply “’When I was out sailing with Matt
he fell in the water, I had saved him’,
‘which made the day quite memorable’,
yeah, full-stop. Oh that, and it being
‘the best day weather wise’, yeah, it
was a really nice day”.
1578 “Yes”.
Reply “Okay?”
1578 “Yeah”.
Reply “ ‘Jane was at the beach with the
children (inaudible) she was in full
running kit’. You did ask me about what
kit she had on at the time, I mean, I
said I think it was probably either a
grey vest top, it was probably slightly
less than a tee-shirt, and sort of blue
sort of sports, female running shorts,
or the colours were the other way round,
but, that would be a guesstimate. You
also asked if we, oh well you’ve got it
later on, it says ‘When Kate ran past on
her run she didn’t speak to us but she
did acknowledge us as a group’. I think,
yeah, I mean, that perhaps goes back, it
just needs, it’s a bit out of order, but
it’s there nonetheless.No”.
1578 “Do you want me to put that
sentence in ‘in full running kit’?”
Reply “It just, I suppose, ‘She was dressed in her full running kit’
and the description of it and ‘When Kate
ran past’, then at least it’s all the
facts together. The next. Sorry, you
haven’t finished yet. The next, the next
statement is wrong. It says ‘The Nannies
had brought the children up for
readiness for tea, I can’t say if I saw
Madeleine when E came back’, that’s
wrong. What happened was, ordinarily we
would have met all the children from the
Kids Club, the Mini Club at high tea,
they would have been brought up and sat
down by the Nannies and we’d have just
joined the group, we’d have been there
when they got there. On this occasion we
were on the beach and as it got towards
five o’clock I, I pelted up the hill to
collect El before they were taken up to
the main complex. Does that make sense?
And so, the reason that I think this is
in here is, you were asking me I think
if I’d saw Madeleine there, now because
I got there before the children had
left, by rights Madeleine should have
been there as well, unless Kate and
Gerry had taken her out earlier for some
reason. With eleven months passage, I
can’t, if I’m honest with you, I can’t
picture whether Madeleine was there.
But, generally speaking, by this point
in the afternoon people were not, we
weren’t collecting, we weren’t doing any
collecting in that afternoon, so I think
Madeleine will have been there. But if
I’m honest, I can’t, hand on heart, say,
when I picked El up and took her down to
the beach before the Nannies took her up
to, for high tea, that I saw Madeleine
there. But I got in early enough to get
El out before the end of, well, arrived
just before they actually left to go up,
so by rights she should have been
there”.
01.10.03 1578 “Okay”.
Reply “And I think, I, I can’t remember
what I said in my original statement on
that one, to be fair. My gut feeling is
that she was there when I picked El up.
But, as I say, hand on heart, that’s
not, that’s not a”.
1578 “Yeah, you do say you can’t say if
you saw Madeleine”.
Reply “No, I think now it’s, I can’t
honestly say that Madeleine was there
when I picked El up at five, but there
was no particular reason why we were
doing any of these pick ups, the only
reason I ran up there was because we
were on, we were on the beach and we
didn’t want El to be taken all the way
up to high tea. And I think by this
point we’d already decided we were going
to stay on the beach and go and have
some food down there”.
01.10.49 1578 “’When El came back’,
those four words?”
Reply “Yeah, that’s wrong, I mean,
that’s not quite right, I can’t. Well
you need to delete ‘The Nannies had
brought the children up in readiness for
tea’, because that, that’s not true, I
mean, I got El before they’d even taken
her up, so that can go, it needs to go
out entirely. And the comment about that
was that ‘The Nannies would have taken
them up to tea at the Tapas had I not’,
well ‘would have taken El had I not got
in there and signed her out and brought
her down to the beach’. But I think it’s
fair enough to say that, ‘I’m not
entirely convinced now whether Madeleine
was there or not, but I’ve no reason to
suppose that she wasn’t’. And it’s not
‘when El came back’, so perhaps ‘I’m not
entirely sure whether Madeleine was
there now when I picked El up, when I
collected El’”.
1578 “And this was from the Kiddies
Club?”
Reply “Yes, I picked them up from the,
from the club in the, just the sort of
first floor of the Ocean Club complex,
sort of main reception”.
1578 “And you then took her back down to
the beach?”
Reply “We went back down to the beach. I
suppose be a bit more specific about
what happened on the beach. Yeah, ‘We
didn’t stick to the usual routine that
day’ ‘ate their tea at the bar on the
beach called the Paradiso. Everyone was
there except Kate, Gerry and the kids’.
It might be worth just saying ‘I believe
Dianne was there as well’, because
that’s the only person, I’m not entirely
sure, we did, occasionally pop there
during the day on a number of occasions,
rarely in the week or after the
abduction, but I’m pretty sure Dianne
was there. I think, I say ‘I think Dave
went to his apartment and Kate and
Gerry’s’”.
1578 “’I think Dave went to his
apartment’?”
Reply “’His apartment and Kate and
Gerry’s’. At the end of the next, it was
‘Dan the tennis coach was also present,
as were a handful of other male guests’.
‘And Gerry’, for that matter, it
doesn’t, doesn’t explicitly say that
Gerry was playing some tennis, which he
was. So ‘Dan the tennis coach was also
present’, err, ‘as were Dave, Matt,
Gerry and several other male guests’.
It’s probably worth, I don’t think they,
I’m not sure whether the kids were still
awake or not. I think by the time Jane
left to go down the kids were in bed but
they hadn’t been in bed and asleep for
as long as, as we’d normal had, just to
make sure that they were definitely
settled, but I suppose that’s too, too
critical. ‘The children were awake’, I
know the children were only just in
bed”.
01.15.58 1578 “’The children were
awake’, you want it to say ‘The
children’?”
Reply “’The children were only just in
bed when Jane went down to the
restaurant around half’, well, ‘The
children had not long been in bed when
Jane went down to the restaurant
around’, err, we were late, so I think
I’ve said twenty thirty to twenty forty
there, we were late, so, I mean, you
could lose the ‘twenty thirty’. Because
we played tennis a lot later and Jane
was trying to get them bathed and bed
and on her own it invariably takes a lot
longer than when the two of us did it”.
1578 “Sorry, ‘Jane went to the
restaurant around’?”
Reply “I think, it says ‘around twenty
thirty to twenty forty’, she did go down
late, so that was the whole point, so”.
1578 “So you want to remove ‘twenty
thirty’?”
Reply “I think just say, yeah, just say
it was ‘twenty forty’. We certainly
didn’t get down there bang on time.
‘(inaudible) ten minutes or so to settle
down. Went down to the Tapas Bar’
full-stop. Huh, Dave and Fi are going to
kill us if they ever read this. ‘Five
‘H’ were running late as usual, Dave and
Fi are always late, it’s a standing joke
in our group’, yeah. Ha ha, being
absolutely condemned. ‘At nine o’clock’,
okay, that’s fine.I think you did ask me
when I arrived, does it say that there,
yeah. I suppose it’s probably worth
saying ‘I went down to the Tapas Bar,
everyone was present except the adults
in five ‘H’’. I think you’d asked me who
was at the table, Jane was there,
Rachael and Matt were there, Kate and
Gerry were there. There wasn’t a
question of anyone else missing, just,
from either end of the apartments”.
01.18.08 1578 “’I went to Tapas Bar and
everyone’?”
Reply “’Except the adult occupants of
five ‘H’ were present’”.
1578 “But the children weren’t present?”
Reply “No, no, no. Yeah, the next
paragraph looks a little, well it’s a
bit out of order, isn’t it, is that all
it says”.
1578 (inaudible)
Reply “Okay, well I’ll just go, it just
looks like it goes a bit kind of strange
in the order really”.
1578 “Right, yeah”.
Reply “Okay, so up until ‘The evening
was the same as the evenings before.
Kate and Gerry behaving entirely normal’
is fine. Do you mind if I have a quick
wee?”
1578 “No, not at all, no”.
Reply “I’ll be two secs”.
1578 “I shall leave the disc running”.
01.19.45 O'BRIEN left the interview
room.
01.21.14 O'BRIEN returned to the
interview room.
01.21.17 1578 “Okay?”
Reply “Yeah. Thanks for that”.
1578 “Okay”.
Reply “Right”.
1578 “I think this was the point where
you mentioned a timeline”.
Reply “Oh right. So we kind of started
to describe that. Yeah, it just seems
to, it seems to, okay, well, I’ll, I’ll
remember bits and just see if it seems
to read in order. Okay, yeah, I think”.
01.21.49 1578 “Chronologically”.
Reply “Chronologically, in order, Matt
had got up, as has already been said,
just to check on the rooms and also to,
maybe worth I suppose to say ‘Around
nine o’clock Matt was going to check on
G*and the other windows as well’,
because he did, he did a, he actually
did a check”.
1578 “So in there then you want?”
Reply “’Did a check on G*, ‘and’”.
1578 “’To check on G*?”
Reply “’And listen at the other windows,
at the other apartment windows’, because
that’s, as we said on Tuesday and in
that very hastily scribbled timeline on
the back of the, the kind of kids book,
he was very adamant at that point that
all of the external shutters appeared to
be in, in the, in the down position,
untampered with”.
1578 “So ‘Around twenty-one hundred
hours Matt was going over to check on
G*?”
Reply “Yeah”.
1578 “’And listen at the other apartment
windows’?”
Reply “Yeah”.
1578 “‘So he said he would chase up the
PAYNEs as we were all waiting’?”
Reply “Who were actually already on, and
they were, they crossed paths on”.
1578 “Yes. ‘We were conscious of the
waiting staff’?”
Reply “Yeah”.
1578 “’Wanting us to place our orders’?”
Reply “Yeah, and the next short
paragraph is fine. And I suppose what
this is saying really is that obviously
we, we sat, we sat down and, together
after the events and we tried to come up
with the, the best kind of timeline
collectively, but”.
01.23.24 1578 “Maybe chronologically
that should go later in your statement?”
Reply “Yeah, yeah. So I think, maybe it
started, if I just kind of, for the
moment at least, I’ll remember that, but
I don’t recall what time, point it was,
but around, around, yeah, five or ten
past nine. I think that’s the time that
Gerry was actually potentially away
really, that Gerry was away from the
table, I don’t, I don’t specifically
remember him sort of standing up
anymore, say like eleven months on, he
was, he was away for, about sort of ten
minutes or so or something like that,
five or ten minutes. But he went, he
went, he went, Matt went around nine and
he went around kind of five past or ten
past nine”.
1578 “’I don’t recall at what time, at
what point, it was around twenty-one
zero five to twenty-one twenty’?”
Reply “I think that’s, that’s almost the
time that he would have been away for,
not that he left as late as, twenty-one
twenty, yeah. So he, he went, he was
away, but, I mean, I, to be honest, as
I’ve said here, it’s the timeline that
kind of says when Gerry went up. Yeah,
‘Jane also went to check the children
and was gone for a short time’, I think
it was, to be more specific there ‘It
was just a matter of a couple of
minutes’. Yeah, ‘She didn’t mention
anything unusual’. ‘After we’d eaten the
starters I needed to go to the toilet
and Matt and I said we would go and
check on the children’, yeah. ‘We
altogether recall that the light was
fading’, yeah, I think, and we discussed
this the other day, and I did mention
this to Stuart PRIOR as well, I mean, it
says ‘was fading’ there, I think it was
probably dark then, but I can’t actually
picture the light, you were asking me
about the street lights particularly”.
1578 “Yes”.
Reply “But when, when I was in the flat
after, just a little bit on from here, I
can picture Matt when he came back from
the flat and certainly he was standing
in the doorway saying, ‘Do you need any
help or are you alright with E*on your
own’, it was pretty, it was, it was
pretty dark outside, admittedly standing
inside with the light on at this point,
but it was pretty dark, it was, it was
fairly dark”.
01.25.52 1578 “So are you happy with
‘The light was fading’?”
Reply “Yeah, well, yeah, I think it was,
the light, the light was, was, was
quite, was well on the way towards, dusk
there. I don’t know whether that makes
it sound like it was just beginning to,
beginning to get dark or whether it was
actually quite dark. I mean, I think a
minute or, or two after this point,
where we were walking up, certainly from
standing inside the apartment with Matt
in the door, it looked, I can picture
the background there and it was pretty
dark, but then again you flick a light
on and it will look dark”.
1578 “If you read on a sentence or two
you should come to the point where Matt
came to your apartment so we could add
in it there?”
Reply “Yeah, we could, we could add, we
could add it there, yeah, okay. ‘I went
straight to five ‘D’, I could hear at
the door E*was murmuring’, well ‘at the
window’ rather than ‘the door’, I
think”.
1578 “Sorry, where is that?”
Reply “Well the door is there and E*s in
the bedroom next to it, so I would have
thought we’d have heard it from”.
1578 “’I could hear at the’?”
Reply “’Hear at the window E*was
murmuring’”.
1578 “So we will substitute ‘door’ for
‘window’?”
Reply “’Window’, yeah. I think it’s the
opposite way round really, ‘I went to
the toilet to urinate’, and I knew, I
knew, because E*was awake, I was staying
anyway , so ‘I went to the toilet to
urinate and then checked on E*and she
had been sick’, so I think I actually
went”.
1578 “Okay, I will swap those?”
Reply “Just round, yeah. I had a pee
first because I was a little desperate.
‘I started to clean her up and change
her. Matt came into my apartment and
asked if I needed any help. I said ‘No,
go back and tell Jane that E**e was
unwell’’”.
01.27.53 1578 “So if we include in there
‘Matt came into my apartment’?”
Reply “Oh yeah, yeah, ‘He asked if I
needed any help’. At that point, the
external light was, was, was fairly low,
it looked pretty dark, well I can
picture Matt in the doorway and it was
fairly dark”.
1578 “So your choice of words ‘pretty
dark’ ‘fairly dark’?”
Reply “’Fairly dark’. The only other
thing I can remember that we mentioned,
I’m just going to see if it’s coming in
the next, no, it’s not in here and I
think it, I mean, we did mention it on
Tuesday but it hasn’t been put here.
That, given the amount of stick that,
that I’ve had with the Portuguese Press
for not requesting any fresh sheets for
E**e, I think I’d actually like to point
out that the, that this wasn’t some
third world, apartment and it did
actually have a washing machine. And,
we’ve been, they don’t know where it’s
come from, but I don’t know whether it
is a question that the PJ have
particularly done, but, every time I
translated to the PJ, the Portuguese
Press article, it says that we never
requested any, we never requested any
further sheets and if they were sick all
over them then how could this be true.
But it’s quite sort of staggering that
eight months later then the fact that
there was a washing machine in the
building isn’t in there, so I would be
very keen for that to be put in please”.
1578 “Okay. So at the end of paragraph?”
Reply “So ‘I told him to go back and
tell Jane that E**e was unwell’, I’d
obviously cleaned her up and changed
her. I think maybe what I would do is
I’d say ‘Matt came into my apartment and
asked if I needed any help, I said ‘No,
go back and tell Jane that E**e was
unwell’’ and then, because I don’t think
that I would have had time then, it was
then I started, ‘I got her out, I gave
her a quick wash in the bath, changed
her, got the sheet off the cot’, and at
least, whether I started the washing
machine then, but at least ‘I put them
in the washing machine and then sat down
with E**e’. But I want it in there that
there was a blo*dy washing machine in
the apartment”.
01.30.16 1578 “’Gave E**e a quick
bath’?”
Reply “Yeah”.
1578 “’Changed her’?”
Reply “’Changed her’ and, MARK WARNER do
stretch to cleaning facilities on their
holidays, so”.
1578 “’And placed bed linen’?”
Reply “Excuse to sound so cynical, but.
‘And placed’, well I don’t think, I
don’t think I necessarily put the, I got
the dirty linen and her clothes off and
at least I think, there was a few bits
of sick and I probably gave them a rinse
off in the bath and then just shoved
them in the washing machine, whether I
started it then or did it later I’ve no
idea. But, since we’ve been”.
1578 “’And placed clothing’”.
Reply “Suspicion has been put on us
because, we didn’t request any further
sheets. I think I’d rather have it in
there that”.
1578 “’Into the washing machine’”.
Reply “That even as a man I can use a
washing machine, staggering though that
may sound. Anyway, enough of that. I
think, say ‘Jane came back, we were in
the flat together for a number of
minutes’, it might be worth adding, so
‘Jane came back having eaten her meal at
approximately twenty-one forty’ or
something like that”.
1578 “Right. So where are we now then?”
Reply “’I sat in the lounge and read to
E**e. Jane came back having eaten her
meal’ and I thought maybe say, ‘There
was probably a number of minutes, no
more than five, that’, ‘where we were in
the flat together’”.
1578 “‘We were in the flat together for
about five minutes’?”
Reply “Yeah, it wasn’t more than that,
but, yeah, (inaudible) Jane having to
relieve me (inaudible) Kate left the
table. Written here that ‘There was
nothing significant about her leaving’,
I think, I think we’d actually discussed
that it wasn’t, it wasn’t a clear moment
in my mind or certainly not like eleven
months on, and again, and again I don’t
know what, what my original statement
said, but certainly the comment that
‘The table was in good humour and there
was nothing different about the nature
or the mood there or the fact that
anyone had got up and left’. I don’t
think anyone else got up and left after
my return apart from, apart from Kate.
Yeah, I’d say ‘I think it would have
been about ten o’clock’, I didn’t have a
watch. There was a point at this time
where some, does it say here, that
somebody around the table asked what the
time was and I think Rachael asked and
they answered that it was about ten
o’clock. That is probably worth saying,
because I think, there’s a little bit
of, best, best estimate on some of the
other times, there was, around the time
of ten, there was actually somebody
announced at the table it was about ten
o’clock”.
01.33.45 1578 “So at the end of the
paragraph?”
Reply “’Kate left the table, there was
nothing significant about her leaving,
but I think it was a similar time to my
meal arriving’. Oh yeah, yeah, I suppose
that’s a point. There it might say ‘The
Tapas staff kindly re-cooked my main
course’, because I got back at
twenty-one forty-five, but the food was
probably, the best part of ten minutes
later before I got it”.
1578 “Yes”.
Reply “Yeah”.
1578 “Probably if, the last sentence,
this last sentence here”.
Reply “Oh yeah, straight after, yeah,
good point, yeah. ‘After me arriving
back I waited for them to cook a fresh
meal’, say, ‘which arrived perhaps
twenty-one fifty-five’ or ‘approximately
twenty-one fifty-five’”.
1578 “’I know that she didn’t leave’, oh
okay, ‘I know that she didn’t leave
straight after me arriving back’?”
Reply “Yeah, yeah, I think there was
there was a period of time, yeah. Yeah,
that’s fair enough, it wasn’t sort of a
question of me arriving and her going,
it was a good, there was a fair amount
of time before I got my food anyway. It
says there ‘And a great deal of thought
he may have been watching us’, well it
says ‘watching’ but I thing, ‘watching
us during the week’ might be more
explicit about what that means”.
01.35.43 1578 “After ‘watching’, it is’
watching us during the week’?”
Reply “’Watching us’, yeah, ‘during the
week’. It says ‘The only people who
would have known our routine would have
been the waiters’ and that’s clearly
not, that’s, perhaps just a bit strong,
as I said on Tuesday, I’ve certainly got
no, no reason to, to be suspicious about
any particular person or, or people.
But, it may be worth just, just making a
statement of the fact that ‘The waiters
would have been aware of our routine’,
just change it to that and then it’s
less, it’s less definitive than,
somebody else could have been watching
and, I think it’s just that, probably
better that way”.
1578 “Yes”.
Reply “And then it says ‘I can’t recall
whether there were any other people
dining in the restaurant at the time’,
there, there had been other people
there, it’s just I can’t, so maybe say
‘There were other people earlier on’ at
least, I think because we were eating
quite late and we were late, most people
had eaten and gone by, by ten o’clock,
but it’s, it’s”.
1578 “So say that ‘There were other
people’?”
Reply “’Other people were dining earlier
on but I did not recall who they were
and I think we were the last, the last
diners by the time that the alarm was
raised’”.
1578 “Okay”.
Reply “‘Once we’d gone over to Gerry and
Kate’s apartment’, no, that doesn’t
really make sense, ‘Listened at the
door’, no, I didn’t listen at the door,
I’m not sure what, that’s sort of a
bit,”.
1578 “I think this is when you went in
earlier in the week, isn’t it?”
Reply “I think there is a bit of, you, I
think at this point you, you actually
got the, the, diagram out and just, just
pointed some things out perhaps. But,
no, I mean, this is all, all a bit
peculiar,”.
01.38.24 1578 “’Once we’d gone over to
Gerry and Kate’s apartment’?”
Reply “’Some people went up the steps
and entered the apartment’. This is,
this is a bit out of place, isn’t it,
really”.
1578 “Can you just bear with me. ‘Some
people went up the steps and entered the
apartment’ and take out ‘listened at the
door’?”
Reply “Yeah, ‘Some remained at the porch
entry’, ‘at the’, I keep saying porch,
‘at the foot of the stairs’, is probably
the best one. And then the rest of this
paragraph needs to go entirely somewhere
else, doesn’t it, it’s actually
describing the apartment, and, and
actually the visits”.
1578 “Do you remember when you did go
into the apartment?”
Reply “Sunday night. Oh you mean on the
night?”
1578 “On the Sunday night”.
Reply “Erm”.
1578 “I think here we’re referring to
the”.
Reply “The night in questions. But then,
then, then, this is actually my
description of, you were saying what
else was in the room, you had the plan
out at some point, although it seems
that this has, this has somehow kind of
migrated to a different part of the, the
order, I think by the time we are here
we didn’t double back and start talking
about my visit in the room, but. This
perhaps might be best”.
1578 “So this visit into the apartment,
certainly this sentence ‘I didn’t go
into the apartment from what I can
recall (inaudible)’, oh sorry, no”.
Reply “Yeah, I went into the apartment
on Sunday. This is almost like a fusion
of, of the two things. I mean, I didn’t
go into the apartment directly after the
alarm had been raised, I don’t think, we
just sort of got to the, the exit, some
people had gone in and some of us kind
of formulated ‘Right, where shall we’,
‘We’ll have a quick look around while
they’re checking the apartment’. So this
is, this is partly looking back at when
you were, you had the plan out and said,
‘Was there anywhere big like a wardrobe
where you could hide’”.
01.40.51 1578 “Yes”.
Reply “And then I described, what I’d
done on my Sunday check on their kids,
when I actually did go in through the
patio door and from, I’d, I’d come in
through the patio door here and gone
across sort of diagonally to the, the
room where the children were and then
just sort of listened at the door
without actually entering. And then you
said ‘What else was in the room’ and
then I described that there was a table,
sort of, I think a wooden table, a kind
of traditional sort of table, and some
seated area nearer, nearer the door and
that the overall layout of the flat was
very similar to the one that me and Jane
were staying in, in terms of symmetry,
the size of the rooms, but the furniture
and the fittings were, were very
different, because they were all
individual flats, I think leased by MARK
WARNER.So I’m not quite sure where,
where that lot could go. But that’s, I
suppose it’s on the video record anyway
now. On the Sunday night I entered via
the, via the patio, just went to the
frame of the door and listened in the
room, I didn’t actually go in. And what
I said then really, that the flat was
very similar to ours in, in its layout,
symmetry and, size, but the fittings
were entirely different”.
1578 “And, I suppose, chronologically,
we can include that to your Sunday
night”.
Reply “Yeah, chronologically, that
could”.
1578 “We can move”.
Reply “The description of the flat and
what I thought the furniture was, and
the fact that it resembled very, almost
identically in fact, the, the layout of
our flat”.
1578 “On the Sunday night”.
Reply “Umm”.
1578 “So that can be moved to earlier in
the statement?”
01.43.05 Reply “Yes, the Sunday night,
yeah”.
1578 “So if we continue chronologically
then”.
Reply “Yeah”.
1578 “The alarm has been raised?”
Reply “The alarm has been raised and
then it, unfortunately it does then
double back”.
1578 “’I didn’t go into the apartment’?”
Reply “Yeah, no, I didn’t go, yeah,
okay, so we’re back to that bit. ‘I
didn’t go into the apartment’ and then
the rest, at this point, the rest of
that’s irrelevant, the whole of that, in
fact the whole of that paragraph is then
irrelevant at that point. Yeah, I
suppose that might be best just the
start of. ‘On this evening I was
wearing’, yeah, they’re, I don’t know
you’d describe them, they’re kind of,
they’re not, they’re not quite jeans,
but, yeah, they’re a kind of a mix, I’d
say sort of a mix of material, ‘and a
stripy shirt’, it’s not a ‘top’, it was
a ‘shirt’, it was similar to the one
I’ve got on here”.
1578 “’A pale striped shirt’ shall we
call that?”
Reply “Yeah, ‘greens and browns’”.
1578 “Okay”.
Reply “ ‘Jane had taken my jumper which
was blue’, yeah, a sort of smock style
jumper I’ll describe it as and she had
that on at some point”.
1578 “’A smock jumper’?”
Reply “Yeah, one of these ones that,
that have a, a relatively, a naval kind
of feel to the collar, it’s a weird,
sort of a weird fish”.
1578 “Are you happy with ‘smock type
jumper’?”
Reply “Yeah, yeah. Phew, ‘I’m quite used
the cold’, I don’t know whether I’m
quite used to the cold, maybe ‘I tend
not to feel the cold’, ha ha”.
1578 “Okay. ‘I tend not to”.
01.45.45 Reply “Because these paragraphs
are a little bit out of the flow, but
(inaudible), fine, okay, that’s fine.
‘When I went to check the children I
went to my flat first and then Matt
walked on to his flat five ‘B’, I
believe that he then went to check the
McCANN’s children’, perhaps that
paragraph just needs to be lifted to the
appropriate point on the last page”.
1578 “I think at some point we are going
to get to the phase where we were asking
you direct questions”.
Reply “Yeah. Okay. I mean, at least,
fact, factually, there’s no, I don’t
think there’s anything, the only problem
with that paragraph ‘Went to the
children, went to my flat first, then
Matt walked on to flat five ‘B’, I
believe he then went to check the
McCANN’s children, he was gone for sixty
to ninety seconds’, that’s slightly
wrong, ‘He went to my flat first, then
Matt walked on to his flat five ‘B’, he
was gone for sixty to ninety seconds
before asking if I needed any help’. So
he went to his flat five ‘B’ and was
away for, a small portion of time, just
enough really for me to have, have been
to the toilet really, and then he came
back to my flat after that sixty to
ninety seconds and then, said ‘Do you
need any help’, I said ‘No, just tell
Jane that’, ‘E is unwell and come back
when she’s done’. And then he went”.
1578 “Right. So”.
Reply “Then, and this is only from, this
is not from a first hand account, but
then he went to check on Kate and Gerry
on the way back”.
1578 “Yes. So if I could just go through
that ‘When I went to check the children
I went to my flat first’?”
Reply “Uh hu”.
1578 “’Then Matt walked to his flat five
‘B’”.
Reply “Uh hu”.
1578 “Is that okay?”
01.47.47 Reply “Yeah”.
1578 “’I believe that he then went’”.
Reply “No, no, that’s, that’s, that’s
out of order there. ‘After sixty to
ninety seconds he returns to flat five
‘D’’”.
1578 “’After sixty to ninety secs’?”
Reply “’He returns to five ‘D’, checks
if I need any help, I say no and then I
believe he went on to check the McCANN
children’. And then ‘This is the final
check before Madeleine was noticed
missing’”.
1578 “’Checks if I needed help, I said
no, I believe he then went’?”
Reply “’To check on the McCANN
children’. And then we’re back in the ,
I mean, this is, I suppose all of this
is just second hand information anyway,
from my point of view, it says ‘This is
the final check before Madeleine was
noticed missing. Nothing appeared to be
unusual and there was nothing that
suggested we were being watched’, it’s
all a little, it’s mainly kind of
repetition and out of order. I don’t
know quite what the, there was no
mention of the shutters being checked at
five, at five ‘A’, I’m not quite sure
what hat’s referring to, but, in any
case it’s going to be a comment from,
from Matt. When we were talking about
the timeline at some point, I don’t know
whether that sort of cropped up here,
Matt certainly made a comment that there
was no suggestion that the shutters had
been tampered with at nine o’clock, I’m
not quite, I mean, I, I don’t think he
went in through the patio door and well
you’ve spoken to him anyway, but I don’t
really know whether this is relevant to
my testimony anyway”.
1578 “So you would like to remove this
then?”
Reply “Well I don’t”.
1578 “If we remove”.
Reply “Yeah, from”.
1578 “’This is the final check before
Madeleine was noticed missing’ if we
remove that?”
01.49.46 Reply “Yeah, yeah, actually,
yeah, it’s mainly me just commenting on
what Matt said”.
1578 “If we remove the remainder of the
paragraph?”
Reply “Yeah”.
1578 “Down to ‘five ‘A’’?”
Reply “Yeah, I mean, I’m not quite sure
what that’s sort of referring to there
and, as I say, Matt did the check, not
me”.
1578 “Okay. I think at that point, we
are getting close to the end of the
tape, it might be an idea to have a
comfort break”.
Reply “Yeah, okay”.
1578 “Before we continue”.
Reply “We’re getting there”.
1578 “Yes, we are”.
Reply “So the time is ten fifty am
and this interview is ceasing”
|
|
Russell James O’Brien - Record Of
Tape Recorded Interview II |
|
00.00.03 1578 “Okay. The time is eleven thirty-two am and that is on
Thursday the tenth of April two thousand and eight. We are in an
interview room at Leicestershire Police Force Headquarters. I am
DC, one, five, seven, eight, Andrew GIERC from the
Leicestershire Major Crime Unit. Could you give me your full
name and date of birth please?”
Reply “Yeah, Russell James O'BRIEN, twenty-six, eleven, nineteen
seventy”.
1578 “Thanks Russell. As I have explained to you before you are
here voluntarily as a significant witness to assist in the
investigation by the Portuguese Authorities”.
Reply “Yes”.
1578 “In the disappearance of Madeleine McCANN on the third of
May two thousand and seven. This is the second interview of
today and we shall continue, if we may, with a draft statement
for you to read through in respect of interviews conducted on
the eighth of April this year in this block”.
Reply “Uh hu. (O'BRIEN read through the statement). Okay. Finish
the rest of that page”.
1578 “So we can go from?”
Reply “’When Kate raised the alarm she’”.
00.02.26 1578 “’When Kate raised the alarm’?”
Reply “She didn’t get to the table, I think, ‘It was all
enclosed’, I don’t know what that means, it could be just
deleted really”.
1578 “So ‘It was all enclosed’ to be deleted?”
Reply “Yeah, and it just says ‘She was at the start of the path
when she shouted across to us’, which is fine. It’s fine then
down to ‘and possibly Gerry’. I think maybe just to clarify what
‘the cul-de-sac area’ means, that’s actually the passageway and
gardens in front of the apartment blocks”.
1578 “’We searched the cul-de-sac area’?”
Reply “Which is actually the passageway, I think, when I said
‘cul-de-sac’, I was referring to the fact that, although we’d
never been along it in that direction, you can’t get out at the
other side of the complex from the passageway that separates the
pool from patio sides of the apartments. But we searched down
there and we done the adjacent gardens”.
1578 “So we need to describe ‘the cul-de-sac area’ as?”
Reply “As the ‘passage’, well there, there was, ‘the
passageway’. And then the last bit says ‘Shopping Centre and
tennis courts’ there, that was actually on the, the sort of
second wave of searching that I did. So after we searched
immediately around the, the complex, and we hadn’t found her, I
then went, I think around the back, or the front really, where
the car park and the apartments are, to the main road, dropping
down into the, into the town centre, I forget the name of it,
and went down round the back of the tennis courts, looking in
there, round the back of the Baptista Supermarket where there’s
a car park area and a bit of derelict ground, and then into the
Shopping Centre, which is the bottom two or three floors of a of
a relatively large building just down the hill. So that is a
separate, sort of search, after coming back to the foot of the
apartment and clarifying that, that Madeleine hadn’t been found
in the immediate vicinity”.
00.04.52 1578 “So after coming back to the foot of the
apartment?”
Reply “Yeah, we then went on separate searches further from the
apartment and mine involved the front, and by that, I mean the
car park side of the apartment and then down the hill towards
the town centre, and along there looking through fences, into
the complex and the tennis courts, the back of the Supermarket
and the derelict ground adjacent to that and the shopping, the
lower echelons of this building which is a small, a small
precinct”.
1578 “Sorry, back of the tennis courts?”
Reply “Uh hu”.
1578 “Back of?”
Reply “The back of the Supermarket and then into the, the small,
slightly old, Shopping Centre, which goes over one or two
floors”.
1578 “Yeah”.
Reply “It’s actually the day I met, ‘On the way back from the
Shopping Centre’, in the next paragraph, I met Dave and he was
running down the hill with a, with, sort of panic in his eyes,
saying ‘This is really bad, this is bad, they haven’t found
her’. There was obviously, a number of minutes had passed by
this point, while we were looking individually”.
1578 “So ‘I met Dave on the return’?”
Reply “On the return”.
1578 “’On my return’?”
Reply “Heading back towards the, the, the Super, well near the
Baptista Supermarket, just down from there, met Dave and it was
him that said to me ‘This is bad. This is really bad. They
haven’t found her. She’s missing’”.
1578 “And he said?”
Reply “Yeah, ‘This is really’, He said ‘This is really bad, they
haven’t found her’’”.
00.07.16 1578 “’This is bad, this is really bad, they’ve not
found her’?”
Reply “Yeah, or, sort of words very similar to that. The next
bit is, sort of correct but relatively brief compared to what we
discussed yesterday. It said, there was then Dave, Matt and
myself shortly after this point swept down the hill towards the
beach”.
1578 “So ‘we’ needs to be changed with ‘Dave, Matt and?”
Reply “’Dave, Matt and myself’, yeah”.
1578 “’Searched down towards the beach area towards the Ocean
Club’?”
Reply “Well it’s, yeah, I mean, that’s, that’s sort of later,
no, it’s a bit misleading really. We actually dropped down,
almost directly, as the roads would take you to the beach”.
1578 “So ‘We searched down towards the beach area’?”
Reply “Yeah, you can remove ‘towards the Ocean Club’”.
1578 “And we can remove ‘towards the Ocean Club’?”
Reply “And the addition there was what we described, that Matt
searched the, the beach immediately in front of where we came
down at, which would be the sort of west, yeah, the western end
of the beach, as far as, Matt and Dave came into, the area in
between, and I went over towards the eastern part of the beach,
predominantly walking down the, the beachfront away from”.
1578 “Sorry, just repeat that again for me please. Matt
searched?”
Reply “Matt searched, yeah, well, what would be the sort of
west, he, where, where we came out we were sort of the west end
of the, the beach anyway and he stayed and searched the rocks
and the, the surrounding immediately there”.
1578 “’Matt searched west end of beach’?”
Reply “Yeah, Dave took a sort of central portion of it and I
went right over towards the sort of the, the main sandy area of
the beach”.
00.09.22 1578 “’And I went over to’?”
Reply “Sort of on the west, well the eastern part of the beach”.
1578 “’Main sandy part of beach’?”
Reply “Yeah, and dropped down to the waterline because it was
quite easy to see back towards the town, because it was, there
was street lighting, but you couldn’t, certainly from further
in, you couldn’t see if, you couldn’t see the beachfront
terribly well. And there was quite a lot of beach in that
direction, so I went a certain amount, I didn’t, I didn’t go all
the way over to, I think it’s called Black Rock, but I got to a
certain point and thought, it’s actually, well away from the
beach (inaudible), turned back and, on the return journey, this
was when I bumped into, somebody who, who, who was already aware
that someone was missing. I think, I don’t, I don’t remember her
necessarily being, definitely somebody I recognised form MARK
WARNER, but she was an English woman in her, in her early or
mid-twenties, fair or blonde’ish sort of hair, I’d asked her if
she’d seen, a little girl wandering around and, I can’t remember
what she said, but she was already aware that somebody was
missing, so clearly she’d either bumped into Dave or somebody
else searching around higher up in the town. And then, before we
kind of rejoin here, I sort, I sort of zigzagged back up through
some of the roads, such that you, I would have covered a sort of
triangle, from the apartment down to the beach, along the beach
a little bit, and then, and then sort of heading back up to the
starting point, over, over a number of minutes, I mean, it was
certainly not every road or every garden, but, just, as I headed
back I tried to take in a number of, a number of roads and
entrances just to see if there was anything there. And during
the course of this I’d spoken to a few people, there weren’t,
there weren’t masses of people around actually and, a couple of
holidaymakers and I can, I can remember speaking to some
relatively elderly, Portuguese people who were just walking
along near the front at one point, but, and the only other
person I spoke to was, I presume, a Bar owner in that, in the
Shopping Centre, and there was just one other, elderly
Portuguese man in there having a drink, and they just sort of
shrugged and, so. Those are the kind of people that we discussed
the other day who I met during that search. And then, then it
picks up back here really, where it says ‘We went back to five
‘A’, it was clear that panic was setting in on Gerry’ and
certainly, certainly this was my first, experience of, of, the
anguish that Gerry was in”.
00.12.20 1578 “Yes”.
Reply “So, I don’t know whether this, at this point here was
where Gerry was on the phone, I, I had spoken to him at some
point about what he was like on, on the patio, and he feels that
this may have been a little bit later on, but, it was around, it
was around, it was around here, we certainly went back and
whether this was immediately after I returned or perhaps a
little bit later on, I’m not sure. But the rest of this is, is
absolutely correct, ‘He was speaking to somebody, a member of
his family’. And, Gerry is, a very determined, a very, a very
strong guy, he doesn’t get flustered easily, he doesn’t, he
shrugs off the minor nuisances of life with consummate ease and
he was just, as described here, just ‘like a’, ‘like a’, ‘like a
sobbing child, absolutely hysterical’ and I just, stood, stood
there pretty useless really, none of us knew, none of us knew
what to say, so that is correct. I think around this, huh, I
think as I said yesterday, in terms of the recollection, and
certainly at this point I had gone back to, to my flat or to the
doors of five ‘D’. I think I may well have actually gone back to
speak to Jane briefly in between, the, the searches as well, so
I’m not, as you can imagine, it’s a little bit of a blur in what
order some of this happened”.
1578 “Okay”.
Reply “But the detail here about when I went back to Jane is
certainly true in terms of content, whether it occurred at the
point we’re writing here or whether it occurred in between one
of the other searches, I’m not sure, but”.
00.14.06 1578 “Right”.
Reply “And some of it’s obviously a bit of a rant as well rather
than the detail, but, Went round to Jane’. Certainly she has
been made, over the months, by what’s written in the papers, to,
to be extremely hurt and frustrated. She’s been, she’s been
called, at best, my wording here was that ‘She’s been
described’, ‘She’d been described, at best, a sympathetic
witness and, at worst, a fantasist and a liar’, and she, she
certainly feels that the PJ”.
1578 “So do you want something introducing there?”
Reply “Well I think Jane’s been made to feel, I mean, this is
obviously content rather than, rather than chron, rather than
chronology. But ‘She’s been made to feel very’, ‘She has felt
very frustrated and has been described, at best, a sympathetic
witness’”.
1578 “So ‘Jane has’?”
Reply “’Has been frustrated’, ‘Has been very frustrated’”.
1578 “’Has been frustrated’?”
Reply “Yeah”.
1578 “’Made to feel’ needs to come out doesn’t it?”
Reply “Yeah, take that out, yeah, ‘Has been very frustrated and
has been described’”.
1578 “’Jane has been very frustrated’”.
Reply “’Has been described in’, ‘in the Press’, at least, ‘as,
at best, a sympathetic witness and, at worst, a fantasist and a
liar’, I think was the quote. And this has been repeated over
and over again, including yesterday for the last nine months”.
1578 “Sorry, ‘At best as’?”
Reply “’At best, as a sympathetic witness’. I mean, I, I’d never
heard this term, but the implication being that she had come up
with an adequate explanation for the situation, in, in some
misguided way of, of, of getting Kate and Gerry some answer.
‘And, at worst’”.
00.15.58 1578 “’At best, a sympathetic witness and, at worst’?”
Reply “’A fantasist or a liar’. And, yeah, ‘Jane, she was with
Rachael’, ‘and possibly Fiona’, I don’t remember that too well,
but she was standing in the doorway of five ‘D’.And she said, I
just, I hadn’t heard this up to this point and she was saying
‘Oh if I knew there was something’ or ‘I knew it was strange’
and, then she just said I think ‘I saw someone carrying a
child’, that’s fine, I think they’re the kind of words that she
used. But I think the next bit is a bit ambiguous, what I
actually said the other day was, I think, huh, in her mind there
was no doubt that, that, that, when she heard the news that,
that Madeleine was missing, that what she saw, forty minutes
earlier or so, was absolutely, that the two were, were
definitely related, it was a, this was an instantaneous
reaction. By what you’ve got here ‘She played it down’, I think,
well, what, I think she was, she almost didn’t want to believe
herself over the, over the next couple of hours and she’s been
concerned that on the night, the PJ who arrived later on in the
night, that she, that she kind of sort of tried to, almost,
almost say the opposite, she’s not clear, she’s, I mean, she
will have said this in her statement anyway, but she didn’t play
it down to me, I think”.
1578 “So ‘She played it down’ needs to come out?”
Reply “Yeah, it needs to come out or, or, or, in the sense that,
she was worried, but at a much later stage she’s, she’s kind of
thought, ‘Did they not take me seriously on the night and did I
play it down’, she is concerned that she may have played it
down, but it doesn’t stand there. And where it says ‘She was
very calm, composed and adamant’, I think this is a sort of
fusion of me saying that Jane is naturally a very calm and
pragmatic person, she doesn’t, she’s not distractible and
doesn’t fall prey to hysterical outbursts, if there’s a problem
she just shrugs her shoulders and gets on with it, no noise, no
fuss, and that’s her character. So her character is like that,
so I think ‘Jane was calm and composed’ needs to be replaced
with ‘Jane’s character is’, ‘is’, ‘is not’, ‘is not one of a
hysterical nature’”.
00.19.38 1578 “Okay. ‘Jane’s character’?”
Reply “’And despite being upset she was adamant that what she
had saw was important’”.
1578 “Right. So just run that by me again please, so ‘Jane’s
character’”.
Reply “So, ‘She played it down’ can just go, that’s not really
relevant”.
1578 “Yes”.
Reply “’Jane’s character is’, ‘is’, ‘is calm and collected and
she is not prone to hysteria’. And I think then ‘Despite being
upset, she was adamant that she had seen this man’ or ‘this
person and felt that the two were related, that Madeleine’s
disappearance and her mild’, kind of, ‘unease at seeing this
person were related’”.
1578 “Okay. ‘She was adamant that she had seen this man’?”
Reply “And that it was, and that ‘There was a good chance that
she may have witnessed Madeleine’s abduction’. So, I mean, it’s,
it’s sort of there, but I think I was talking about Jane’s
character when I was talking about ‘calm and composed’ and she
certainly wasn’t entirely calm and composed when I saw her.
Okay, I know that ‘Kate and Gerry were not involved at all’. ‘I
saw Jane, she was shaking’ I think it’s a bit rambling. I mean,
it wasn’t so much then, I mean, Jane had already had this
realisation, that, so it may be better just to say that ‘She had
had a terrible realisation that she may have seen Madeleine
being taken away’, so rather than, it wasn’t then, and by the
time I saw her she’d already, she’d already, this was
instantaneous”.
1578 “So the words ‘It was then’ need to be removed?”
Reply “Yeah, yeah, ‘It was then we’, it was really ‘She had
had’”.
1578 “And the word ‘we’ needs to be replaced by?”
Reply “Removed. ‘She had’, I think. So ‘It was then we’ is
replaced by ‘She had had a terrible realisation that she may
have seen Madeleine being taken away’”.
00.20.39 1578 “Yeah”.
Reply “Obviously the next couple of lines are just me waffling
on, but, huh, but the content’s fine. I’d certainly never seen
Jane like, like it before, she was, completely, completely, I
mean, she was absolutely certain. I suppose, just ‘Nothing to
gain by giving false evidence or creating false leads’ rather
than just ‘false evidence’, ‘false leads’, ‘false evidence or
and creating’”.
1578 “’We as a group have nothing to gain’?”
Reply “’By giving false evidence or creating false leads’”.
1578 “So ‘or creating’ needs to go in there”.
Reply “The next page, I’ll just read a section of it”.
1578 “Okay”.
Reply “Yeah, okay, the next page. It starts off, I presume these
are the individual questions from the, from the, PJ and we’ve
covered some and, I suppose, if we’ve got to go through these
again, I can just whiz through. ‘Asked who I spoke to’, ‘It was
people in the Bar in the Shopping Centre’”.
1578 “’People in the Bar’?”
Reply “But that was, if I sort of clarify, that was presumably
the owner and a man, an old man in the Bar in the Shopping
Centre. I’d say ‘Some older Portuguese people near the front’.
And it says ‘a female member of staff from MARK WARNER’, I
didn’t recognise, I didn’t know her at the time, she may well
have been a MARK WARNER staff”.
1578 “Okay. ‘Older groups of people near the front’?”
Reply “’Near the front’. As I say, there weren’t many, there was
surprisingly few people around. ‘A female member of staff
possibly from MARK WARNER’ might be better, because I have to
say, I didn’t recognise, I didn’t know, I don’t think I
recognised her before that point”.
1578 “’And a female member of staff possibly from MARK WARNER’?”
Reply “Yeah, she was certainly, yeah, she was, she was English,
clearly not a, not a local. Next it says ‘We tried to find a
picture of Madeleine’, I mean, it wasn’t so much struggling to
get the picture, it was struggling to find the means of printing
it. We had the cam, we had Kate’s camera, the, what we were
trying to do is find a picture that actually gave a good
likeness, rather than just being any old shot it actually had, a
close-up of her, of her face. There were a lot of pictures on
the camera but they were, just at home and on, in profile and
things like that”.
00.26.25 1578 “Yes”.
Reply “So we had, we”.
1578 “So to the words ‘we were struggling’, ‘but we were
struggling’ need to be removed?”
Reply “Yeah, ‘we tried to find’, I think, it’s fairly
irrelevant, I think”.
1578 “So?”
Reply “’We were trying to find a picture but we’, delete ‘but we
were struggling’. ‘Kate checked the camera’. I don’t actually
remember saying that Jane had taken the picture of Madeleine at
the tennis lesson, in any case, it wasn’t that day it was the
day before that Madeleine and E**a were in the group, on a
different day doing the tennis. I think, it’s fairly, I think
it’s fairly irrelevant anyway, I don’t think Jane did have a
picture from the tennis lesson. So I think that that could all
go, I think that ‘Jane had taken a picture of Madeleine at the
tennis lesson that day’ could all go and then put, the main
thing here was ‘We were searching for a printer and Kat, one of
the Nannies, said she had a printer’. I’m pretty sure it was
Kat. So this paragraph’s quite”.
1578 “So we keep in ‘We couldn’t print it off’?”
Reply “’We needed to print it off’ that, that was the sticking
issue, we had pictures but we needed to get in somewhere to
print them and I think people had asked at, at, at the reception
down at Ocean Club”.
00.27.48 1578 “So the pictures of Madeleine?”
Reply “On a digital camera”.
1578 “That were printed off?”
Reply “Yeah”.
1578 “Came from Kate’s camera”.
Reply “From Kate’s camera as far as I can remember, yeah. And
the main issue was trying to find somewhere to print it”.
1578 “What about if we say ‘Kate checked her camera and found
some pictures’?”
Reply “Yeah, yeah, or ‘Kate’s camera was checked’, I don’t think
Kate was in no, in no state whatsoever to check her camera”.
1578 “Okay. So ‘We tried to find a picture of Madeleine’?”
Reply “Yeah”.
1578 “’Kate’s camera was checked’?”
Reply “Umm, ‘And Kat or one of the other Nannies went to their
flat to retrieve a printer or something that would connect to a
printer and then the pictures were printed in the office off the
small reception portal’, there’s a little office in there”.
1578 “Okay. But ‘Kate or one of the Nannies’?”
Reply “Yeah, ‘Kat or one of the Nannies’, I mean, Kat was there
and Leanne was there, but whether it was actually their printer
or lead, I’m not sure. The rest of that paragraph, is fine. I
think Gerry, it was actually Rachael, where it says ‘I’m not
sure who informed the Authorities or media about Madeleine’s
disappearance’, it says ‘It may have been Gerry’, oh I beg your
pardon, it’s the Authorities there, it says ‘Authorities or
media’. I think, Gerry and Matt, were the people who, who
actually tried to get the Ocean Club to phone the Police but it
wasn’t the media, so maybe delete, if you delete ‘or media’,
because the person on the media, I think that was, I think that
was Rachael”.
00.30.07 1578 “So we need to delete ‘or media’?”
Reply “Yeah, I think it was Gerry or Matt, one or both, who, who
raise, who actually raised the alarm with the Police, I think”.
1578 “’It may have been Gerry or Matt’?”
Reply “Yeah, I can just, the rest of that sentence is fine. I
think it’s ‘I loathe the media’ comma, just to make it, just to
read. ‘A very low opinion of them’, full-stop. ‘David also’,
‘David was also keen to make use of the media and I think he may
have conducted’, conducted, ‘may have sent an email but I’m not
sure’, I think he was looking to do it but I don’t think, I
don’t think that actually happened”.
1578 “Would you say ‘I’m not sure whether that was actually
sent’?”
Reply “Yeah, yeah, that’s fine. Searches well we’ve got more
details where we’ve said it again (inaudible), I think that’s
fine. ‘Leaving doors and windows open’, ‘We didn’t leave doors
and windows open. We did sit outside Saturday on the patio, we
wouldn’t have left it open once inside’, I don’t know what that
means, I think we were saying that occasionally we would sit
outside but we didn’t go away from the flat with the patio open.
I’m not quite, I don’t recall the”.
1578 “I think the question was something like ‘Had you left
doors and windows open during the holiday’?”
Reply “Yeah, and, and”.
1578 “And the reply is ‘We didn’t leave doors/windows open’”.
Reply “’And occasionally’, say, ‘we would sit outside on the
patio’, but I don’t know about Saturday. I think it’s actually
‘We would sit outside on the patio’ so you can cross Saturday
off ‘but we wouldn’t have left it open once away from the
apartment’”.
1578 “Okay”.
Reply “So maybe ‘inside’ is just ‘once away’”.
1578 “I’m sorry, ‘inside’?”
Reply “It says ‘We did sit outside Saturday’, cross it off
because obviously it wasn’t just Saturday we sat outside, ‘but
we wouldn’t have left it open once away’”.
00.32.30 1578 “So ‘Saturday’ is deleted?”
Reply “And ‘away’ replaces ‘inside’”.
1578 “’And we wouldn’t have left it open once away’?”
Reply “Yeah”.
1578 “So we delete ‘inside’?”
Reply “Yeah”.
1578 “And we add ‘away’?”
Reply “Umm, and then, ‘Checks on children and how often’, I
think that’s, that’s clear enough. ‘Mobile phone number’, I
think that’s, ‘ PHONE NUMBER REMOVED’, that’s all fine.
‘Landline number’, yeah, I don’t know whether I made the call or
they rang me again, but, yes, it was just an update on what was
going on. ‘(inaudible) Anthony NICHOLLS’, I wonder whether you
brought that one up, because he was in France at the time, I
don’t know whether it’s worth saying he was there, he was away,
perhaps a short one, but that’s fine. It says ‘Only met them
after they flew in following Madeleine’s disappearance’, ‘had
not previously met’, I had, I had met them at Madeleine’s
birthday, but they hadn’t, I hadn’t been in contact with them
prior to their arrival, so I didn’t speak to them on the phone,
either between Madeleine’s birthday the year before and them
arriving, so I had no contact with them in that time”.
1578 “’I wish to clarify that he had not previously met’”.
Reply “Well I had, I had previously met them, as I said, but”.
1578 “So we could delete the word ‘not’ couldn’t we?”
Reply “Yeah”.
1578 “’I wish to clarify that’”.
Reply “’Had previously met Sue and Brian HEALY at Madeleine’s
birthday but only met them after they flew in’, ‘only met them
again after they flew in following Madeleine’s disappearance’. I
hadn’t seen them for, the best part of a year and I think that
was the only occasion that we’d, we’d met. I’m not quite sure
what the last paragraph, it says, ‘Route back from table,
shutters, didn’t look at them’, it doesn’t really make a great
deal of sense, this is just our description of how I walked
back, you asked me if I noticed anything suspicious or untoward
and I said no to that, I’m not quite sure, ‘I felt that it was a
loaded question’, I don’t recall because I don’t remember what
we were discussing there. But, no, it doesn’t really read very
well but there’s nothing, I don’t know if ‘felt that it was a
loaded question’ was something I said or whether it’s something
that’s just got jotted down. It doesn’t seem to be relevant but
I don’t know if it’s just worth just deleting ‘I felt that it
was a loaded question’”.
00.36.03 1578 “Okay”.
Reply “And the rest of it’s, in shorthand but accurate. Yeah,
I’ll go just down to there because it changes there. Just to
clarify that you made the timeline, I’ve written it, it’s fine,
all of that, I think that’s fine, the times are quite vague and
I’m not sure really but they’ll do. I don’t know why it says
‘Control Risk’ in?”
1578 “That’s the company”.
Reply “Yeah”.
1578 “I think that submitted, is this the company investigating
on behalf of Gerry and Kate?”
Reply “Yeah, yeah, but the time, the timeline was done by us and
us alone, the one that you got out yesterday”.
1578 “Okay. So ‘Control Risk’ needs to come out?”
Reply “Yeah, so I don’t know whether we gave, we probably gave
them a copy as well, although I don’t remember specifically,
but, Gerry, Gerry had a copy of the file just as, as we did, but
Control Risk, I don’t think were even, were even there at that
point”.
00.38.19 1578 “Okay”.
Reply “And so that was a timeline that was made purely by the
nine of us, and, yeah, so Control Risk, certainly Control Risk
had no part of it. It says it ‘Was written the first weekend
after Madeleine’s disappearance’, ‘After the first weekend’, so
I don’t think we did it on the Saturday or the Sunday, I think
it was probably”.
1578 “So ‘Was written’?”
Reply “’After the first weekend after Madeleine’s
disappearance’, so I’m not entirely sure of, of which day we
started, which day we completed on, but it certainly, well I
don’t think it was as early as the Saturday or the Sunday, I
think I said on, the other day that it was probably the sort of
Monday or Tuesday of the next week, but I’m not entirely sure,
but as I say, it wasn’t the Saturday or the Sunday, it wasn’t
that quick. And then up until ‘comments’, everything else I
think is, fine. It’s rather brief in terms of what I’ve written
about, Robert MURAT and then there’s a whole, my whole third
statement is, is solely about our meetings, so there, there is a
vast amount of information that, that isn’t there, but obviously
in my third statement is, is a sort of testimony for that. I
think what I’ve written here really is that, we gave that
statement, within a few days of him being made aguido, certainly
before, any details of, of his movements, according to his
statement, had been, had been leaked or had come out into the
open. We certainly, the three, the three of us, all immediately
thought, when we saw him on the television, that we recognised
him and that he was there on the night and the statements that
were given were given relatively soon after the event and at the
time I had absolutely no doubt that that was, that those were
accurate. The reason I brought this back up here is because I
cannot see what he stood to gain by not, by not being, well by
saying he wasn’t there on the night when there was the potential
for so many people to have seen him.And it’s been a bit
difficult, kind of, he was trying to knock a square peg into a
round hole here, because I certainly had a great deal of faith
in what I said at the time, there was no, I didn’t have any
doubts, was it the evening, sorry, was it the night, was it the
next morning, but with him denying it, with no further evidence
coming out, with no questions in here whatsoever that kind of
led, that would, that sort of said ‘What about Robert MURAT’, I
can only speculate that there’s, that there is no further
evidence, that kind will push, will push the case further on
him. And then I also got the information from the likes of
Charlotte PENNINGTON and, and, at least earlier on, Sylvia, well
sort of the Housekeeper, and Press reports saying that other
people also placed him there on the night, that kind of made me
think, well this is, that I, that I am correct”.
00.41.47 1578 “So is there anything that you would like to add
to that paragraph?”
Reply “Well only that it’s, it’s out, out of the context of what
I’ve just been saying again there”.
1578 “Is there anything you would like to add to improve?”
Reply “I think at the end ‘that he would have an alibi’,
‘Although’, ‘Although convinced of the accuracy of our
statements at the time of’ ‘of giving’”.
1578 “Okay. ‘Although convinced’?”
Reply “’Convinced of the accuracy of our statements at the time
of giving’”.
1578 “Yeah?”
Reply “’And further backed up by the testimony of Fiona,
Rachael’ and potentially a number of other people if you believe
the Press”.
1578 “’And further backed up’?”
Reply “’By the testimony of Rachael, Fiona and other people’. It
not going to make sense this, after this, is it, it’s one of
these long O'BRIEN sentences that don’t really end”.
1578 “’Backed up by the testimony of Rachael, Fiona and others’
did you say?”
Reply “Yeah”.
1578 “Yeah?”
Reply “’I cannot understand why Robert MURAT would deny being
there and I do not wish to change my statement but have’”.
00.43.38 1578 “Which statement?”
Reply “Well ‘I do not wish to change’, the”.
1578 “’My original statement’?”
Reply “’The original kind of statement’”.
1578 “Yes?”
Reply “’But have’, ‘the niggle that unintentionally we have’,
‘that we have got a time wrong and that it was in the morning’”.
1578 “’A niggle that unintentionally’?”
Reply “‘I may’, ‘I may have the time wrong’. Let you write
that”.
1578 “Yes?”
Reply “Can I just see how that. ‘However Rachael and Fiona
report they only saw him once and it was on the night’”.
1578 “Sorry, ‘However’?”
Reply “’However Rachael and Fiona said they’, ‘they firmly place
him there on the night’”.
00.44.44 4064 “(DC HOLLIDAY enters the interview room). Can I
borrow you a minute?”
1578 “Yes”.
00.44.57 DC GIERC leaves the interview room.
00.45.58 DC GIERC re-enters the interview room.
00.46.04 1578 “Okay”.
Reply “Should have just started from the start of the morning,
ha ha”.
1578 “I have just had some clarification that in respect of
Robert MURAT”.
Reply “Uh hu”.
00.46.13 1578 “You will be given the opportunity in a short time
to expand on”.
Reply “To go over on film like we did the other day?”
1578 “Yes”.
Reply “Okay”.
1578 “The idea of clarification of this statement, the content
of this statement are the notes made by monitoring Officers”.
Reply “Uh hu”.
1578 “And really”.
Reply “So we just want to get through this?”
1578 “Yes”.
Reply “Alright, fair enough. All what I’ve added there was, was
fine. And I think I was just carrying on. ‘Our statements were
previously given in good faith and positive our statement was
right at the time’, I think just delete ‘at at the time’ because
it implies that it’s not right now”.
1578 “I’m sorry?”
Reply “It just says here ‘What I said in my statement was right
at the time’, I think those statements were correct, it’s just
with the passage of time and all the other news has made me
doubt, has made me doubt whether I’ve got what I saw on the
morning and the evening mixed, but I’ll come back to, I can come
back to that”
1578 “Okay”.
Reply “I don’t know if, you could probably just remove that, I
mean, I’ve not, proof of that at all, I think it’s just that,
the sort of watched, I mean, certainly reported on and, that’s
all true, but I haven’t had, I suppose, that’s”.
1578 “So take the word”.
Reply “Well that’s by, by journalists anyway, but I think I’d
rather that was removed”.
00.47.58 1578 “So you wish that to say ‘There were various
websites set up’?”
Reply “Yeah, ‘and reported our lives are no longer our own’”.
1578 “Okay. So we will take out ‘we are watched’?”
Reply “Umm. That’s, that’s over doing it, Jane has not, ‘Jane is
unwilling to go back’, she hasn’t got problems with her, that’s
just, that’s overdoing it, she hasn’t got problems with her
nerves, she, I think she thinks that going back would certainly,
be absolutely awful, for the reasons in that paragraph, but”.
1578 “’Jane is unwilling to go back’?”
Reply “Yeah, ‘Jane is (inaudible) to go back’ as well. but”.
1578 “Yeah?”
Reply “And I think ‘she’, I think ‘she’ would probably be better
just put as ‘we’ because I think it applies equally to both of
us”.
1578 “Did you mention this bit here ‘She has problems with her
nerves’?”
Reply “Yeah, that can just go out, that’s just, I mean, she’s,
that implies that, it’s been, learly we’ve had a very, very,
very unpleasant year, I could never have imagined it, but it’s
not that, that makes it sound that she is under a, well I
think”.
1578 “’And I don’t think she’d be able to cope with it’?”
Reply “Well you can put ‘we’ really, I think we think it would
be absolutely dreadful being out there”.
1578 “’And we’?”
Reply “Yeah”.
1578 “’Don’t think’?”
Reply “Well ‘We want to cope with it’, maybe just ‘want’, ‘we
want to cope with it’”. No, leave it, leave it, that’s fine.
Yeah, that’s fine, the rest of it’s okay”.
00.50.14 1578 “Very good”.
Reply “Okay. We should have started from the top shouldn’t we,
ha ha”.
1578 “Right. Okay. Are you okay for a comfort break?”
Reply “I’ll break whenever you want to break, if you want to
have a conflab just about the best way of, of doing it”.
1578 “I’m ready to proceed but I just need to, to go and take a
quick comfort break myself”.
Reply “Right, then I’ll have a comfort break, ha ha”.
1578 “After you”.
00.50.47 O'BRIEN left the interview room.
00.52.00 O'BRIEN re-entered the interview room.
00.52.12 1578 “Excuse me”.
Reply “Okay”.
00.52.15 DC GIERC left the interview room.
00.53.45 DC GIERC re-entered the interview room.
00.54.55 1578 “Okay Russell, moving on”.
Reply “Uh hu”.
1578 “I would like for you now, if you would please, to recall,
to the best of your ability, again take yourself back if it
helps, and recall everything that happened, that you witnessed,
from the beach on the Thursday afternoon”.
Reply “Okay”.
1578 “Let’s start with going to the beach and it was late
afternoon I understand?”
00.55.54 Reply “Well we, me and Matt had gone down to the beach
to go on, as I say, Matt’s a good, quite a good sailor and we
took one of the, the, the catamarans out. So we’d gone down,
just after lunch, probably after the kids had gone back to the
Kids Club, so two, two o’clock, two or three o’clock, and had
quite a long sail, we were out for a long time, Matt sailed for
a bit and then I sailed for a bit and he kind of gave me a bit
of a lesson really. As I said, he, he got bounced overboard and
the kind of wire snapped and I had to learn quite quickly how to
turn a catamaran round and not run someone over in the water
with it. So we pick, we picked him back up, a boat came back out
and repaired, kind of repaired the, the bit that had snapped, it
was the harness. And then we came back to the shore and by the
time we got back to the shore, and I think we’d noticed for some
time before that the, a lot of the others had congregated down
on the beach and were down by the, by the waterfront, pretty
much at the end of the, the boardwalk from the Paradiso
Restaurant. So me and Matt got, dropped the boat off, came over,
lots of general laughter about Matt’s near death experience and,
I trying to, play up the glory as much as possible of course.The
kids were playing there, this was, I would imagine would be,
quarter past four, half four time, when we probably finished
sailing.Went for a swim. The first real, thing, from the point
of the investigation, is that we saw Kate do her run, her run
past at some stage and it was, the people who was there, it was
all, it was Dave and Fi, Matt and Rachael, myself and Jane and
all, and all of our children. I can’t off-hand remember whether
Dianne was there or not, as I said before, I think she probably
was. Around the five or five fifteen, five twenty mark or
somewhere round there, Kate McCANN came running down, she
didn’t, I don’t think she stopped to speak to us, as far as I
recall, and she carried on up on the hard sand, quite near to
the water, away towards, towards I think what’s called Black
Rock, it’s a big kind of cliff, just east of the beach, gave a
bit of a wave of acknowledgement, and as we were discussing
earlier, I think she had a fairly sort of standard running kit
on her, a pair of, of, shorts that, and a, either a very sort of
light tee-shirt or maybe a kind of running vest, I don’t
remember which way round, but I saw, I seem to remember one
being grey and one being a kind of navy blue, but which way
round that is, I’m not sure.
Anyway so she ran off and, I don’t, I don’t remember her coming
back, but as time went on, I think the kids were getting a
little bit hungry, so we drifted back up the beach to the, the
Paradiso Restaurant, I think it’s called, and got some chairs
there, ordered some, some food for the children, because they’d
missed, they’d missed high tea. I have missed something out,
something out here, of course, is that, around the five o’clock
mark, I had to pelt up to Ocean Club to get El out before the
Nannies would have taken them up to high tea back at the Tapas.
So I went up there, collected E and brought her back to the
beach. You’ve already asked me whether I saw Madeleine there, I
have to say, hand on heart, a year later, I don’t remember
whether Madeleine was there or not, but the routine would have
been that none of us would have needed to pick, to pick them up,
so I, I presume she was, but can no longer absolutely place her
there when I picked E**a up. So we came back to the beach and,
as it was getting, we headed off with E**a, after a short play,
up to the Paradiso Restaurant, they played on the frames in
front of there while the food was being ordered and had food,
all fairly uneventful. Around, around the six o’clock mark we
were, we were having such a good time down there we were, we
were half tempted to, for the men not to go back to what was
planned up at the Tapas, namely a sort of men’s social tennis
round, which I think was due to start at six. And I think as it
got around six we thought it’s not really fair, three of us not
going there, there might not be enough players, there wasn’t a
full resort, so me, Matt and Dave, left everybody else down at
the beach and headed back up to the, to the, apartments, well to
the Tapas anyway. And I think, from the best of my recollection,
I think me and Matt went straight to the, the courts, Dave went
off to his apartment and I believe, to Gerry and Kate’s
apartment as well. We then went down to the tennis, it had
already started because we were a little late, there was Gerry,
Dan and a number of other male guests, maybe just sort of
another three, two or three people, whose name I may have known
at the time but no longer do, I certainly didn’t know them
terribly well. And we started off playing doubles on both, both
of the two courts, sometimes changing, changing players”.
01.01.51 1578 “So there is Gerry, Dan, yourself and Matt?”
Reply “And Dave and a couple of other guests”.
1578 “You said Dave went to the apartment?”
Reply “Well he did, but only briefly and then, well he went, he
went back there and then, and then joined us, so fairly rapidly
there was the full kind of compliment of, the male adults within
the group were playing tennis. And, we played for, a fair amount
of time, I mean, in total, we were out there probably an hour
and a half nearly, something between an hour and an hour and a
half. And at some point during that period all the, the people
came back up from the beach, so the kids were up at the, I can
remember them being up at the, netting looking down at the
sunken courts.I say, they may have come down onto the court
briefly and, well it’s the point we weren’t playing anything
like competitive tennis anyway. And at some stage Jane, I think,
well the kids had had a fairly long day, it had been quite hot,
and all that week they were usually absolutely exhausted at the
end of the day and ready for bed, and Jane took our children
back. I think Matt took, G***e took, sorry, Rachael took G***e.
And I think Gerry actually left the court because he had been
playing for longer than us, I think he went back a little
earlier than me, Matt and Dave. And Dan, the tennis coach, had
also left before we did, I think he’d been playing all day and
it was quite a hot day so he’d had enough. And the reason I
mention that is that normally if you went, if they were still
there when you finished, you could put all the b*lls and the
rackets away in the pavilion, within the grounds, but we had to
take all of the rackets and b*lls back with us, so, it was
relatively late. And I’m not entirely sure what time I got back
to, to the room, but, well eventually, me, Matt and Dave all
came back. And it was probably the latest that we’d got back and
Jane and the kids had been in there for some time. I’d say it
was probably coming up to, not, not far shy of eight o’clock
itself. And I would have probably had a quick shower, helped
with the, with the stories and getting ready for bedtime. I
know, I know our kids were pretty tired that, that evening,
they’d been playing on the beach and had a really, a really
busy. But we were running a bit close to our half eight,
booking, so the kids were in bed, but they hadn’t been in for
long. So I think shortly after half eight, maybe sort of
twenty-five to or twenty to, Jane went down and I certainly can
recall saying ‘Well what I like’, we’d ordered, it was a very
limited menu, we’d discussed what we liked each night, and I
said, ‘Just order the me the’, ‘Order the X, Y and Z and I’ll be
down when I’m happy that the kids are definitely asleep’. And I
didn’t stay much longer, to be honest, they were, they were all
fast asleep and there wasn’t a noise out of them at all. So I
headed down, about quarter to or so, to the Tapas, exiting
through the main door on the car park, and double locking it
there, the patio was shut and everything down and didn’t see
anything particularly remote on the way down, and just arrived
as normal. The mood entirely normal at the table and I, on my
arrival, the only people who weren’t there, as we discussed,
would have been the adults in five ‘H’, so Dave, Fi and Dianne,
who were pretty routinely the last ones there, as, all week. We
kind of sat and, and, and talked, waiting for them. And I can
distinctly remember, from the position I was sitting, I was
looking towards the apartment block and, you could see the
lights on in their, in their rooms, inside, and occasionally see
people walking about. So there were lots of jokes about the fact
that they were still, still not there and probably if we didn’t
get a move on they weren’t going to serve us. So Matt around
nine o’clock, give or take a few minutes, but around that sort
of time, he got up and said ‘I’ll go and drag them out’ and I
believe also had a listen outside of all of the rooms as well.
In any case, as he was walking back, he actually met them on the
way down. And so by the time they had sat down and Matt had come
back from a brief listen at the windows of the bedrooms, we were
all there. I don’t know whether we’d ordered individually, I
doubt we did, I think we probably put the order in altogether.
So we’d have ordered. Obviously we create, we sat down and
created a timeline so I’m aware that the next person who got up
was, was Gerry, not from a really clear recollection of him
getting up necessarily, but, nonetheless, Gerry was away from
the table for, for five or ten minutes. And during the time that
he was away, we decided, me and Jane, that we’d do, we’d do a
check on our room. So Jane actually got up, and went over and
did a check, and then came back. And I don’t remember her saying
anything about Gerry talking or, or, or, or any problems in the
room or having seen anyone, I think she just, she just did the
check and returned. I presume at some point, although I can’t
picture it, Gerry himself coming back. We had, we had the
starters. And I think the next clear thing in my mind is
actually that, by the time the starters arrived, we’d eaten them
and everything else, I thought it was probably about, it was
time we did a check and I also needed the toilet so rather than
just go to the toilet, which was almost up to the portal, I got
up and Matt, said ‘Oh I’ll come and do a check as well’. So me
and Matt walked back to the, to the to the flats, this would
have been about, about kind of twenty-five past nine, I suppose.
And as we, it will probably come back to, but as you asked me
the other day, I didn’t certainly notice anything particularly
strange or different, I didn’t see any cars parked or anyone
standing around or loitering. I don’t think we, we walked around
the side of the building and I don’t recall making any
particular look at the front of the building to notice any
changes in the, in the shutters. But we probably wouldn’t have
bothered, ‘a’ low suspicion anyway and ‘b’ we were going to go
to each of the flats and just have a listen, so I don’t think we
made any visual check of it first. Got to my flat five ‘D’, and
as we, got sort of quite close I could hear E**e murmuring, so
she was, she was obviously awake. So I went into five ‘D’, I
actually went to the toilet first. And then Matt broke off at
this point and he went over to his flat five ‘B’. And I was
just, just in the process really, after having a wee, of
checking, E**e and had, had established that she’d, that she’d
been, that she’d actually been sick in the cot. I, Matt
returned, so this was only really a matter of a couple of
minutes or so later, and, he asked if everything was alright and
I said, ‘Well E**e’s obviously awake and I think she’s been
sick’. So he offered to help and stay if I needed it and I said
‘No, you go back, just let Jane know that E**e’s awake and she’s
been sick and’, ‘and whether she’d come back after she’s
finished her dinner’. So Matt then went away and, to the best of
my knowledge, he then went round the back of the building and
did a check of Kate and Gerry’s room via the patio door, before
returning to the table. Within the flat, I got E**e out and she
had some sick on her, on her, on her clothes and on her face, so
I actually turned on the sort of shower taps and I got her out
of her, out of her kind of nightie that she was in, gave her a
quick wash, and then, at some stage, either then or later on, I
also stripped the, stripped the cot, I think I must have done it
at the time because I think that actually had more sick on it
than anything and I just rinsed that off in the bath. And then
they went into the fully functioning, easily to operate by men,
washing machine, that, MARK WARNER had, provided, that was in
the flat anyway. And then I just sat really with E**e down near
the patio door, she was, she was awake but otherwise, otherwise
fairly happy, and just read a book, read a book to her I think.
And then Jane, a number of minutes later, I mean, I would have
thought his was probably around, round about the sort of twenty
to mark, sort of ten minutes later from when I arrived, had come
back having sort of eaten her main course. We were in the flat
together for a little while and I would imagine at this point
probably put the washing on and, and then Jane, Jane said,
‘They’ve made your main course, why don’t you go back down and
get it’. I’m not entirely sure which way out I went, I mean,
ordinarily we would have always have gone out through the front
door and deadlocked it. I mean, you asked the other day whether
I did go that way, I have to say there’s, there was nothing
stopping me nipping out the quicker patio way and Jane was
shutting the door, but I don’t recall which way I went back, but
I certainly didn’t see anything untoward on the way back either,
although, by this point, obviously, it was pretty, it was, it
was dark. I arrived back at the table, everyone, there was,
there was some hilarity in the fact that Jane had been
dispatched, to relieve me in the apartment, and I kind of
quickly picked up that that was what the, what the, the joke had
been. There was, there was some dialogue with the waiters, of a
humorous nature as well. And I think my food was actually still
there at the minute, but as I was starting to eat that, I mean,
one came over and said ‘Oh no, don’t’, ‘it’ll have gone a bit
cold’, ‘we’ll do you a fresh one’. So I then waited for a period
of time, sort of five or ten minutes while they quickly, it was
sort of thin steak so I’d imagine quickly grilled or fried up a
meal of that. Mood, identical, a very good humoured night, I
think it was probably the, out of all the days of the week it
was the one where, I think, where everyone was really, really
had had a enjoyed the day, the weather had been great. You asked
the other day whether I specifically recall Kate getting up to
leave, I can’t picture her, her going, but obviously at some
point she, she was the, the only person I think to, to go back
to the room sort of after my return to the, the table, I think.
And the only real point of reference that we can, that I can
remember now is that, is that somebody did ask what time it was
at some point, probably while Kate was away, and Rachael, sort
of said that it was around the ten o’clock mark, so I think,
although we have to be a little bit, there’s a bit of, a bit of
a guesstimate going on, on sort of the other times, there as
certainly a time check that was announced, around the ten
o’clock mark. My food had arrived, well my food had arrived I
think by this point. And, and then Kate, returned, obviously
Jane wasn’t there but the rest of us were still there, and she
came through and, into the portal, I didn’t see her arrive, but
the first thing really we recall then is, is, is Kate shouting
across from the, from the reception area and perhaps she didn’t
come particularly close, I don’t recall. And as we discussed
the, on the initial recording, if I’m honest, I don’t recall her
absolute words, only really the meaning that, that, that
Madeleine, that Madeleine had gone. And so, at this point, she,
we all just got up and, and left with the exception of Dianne
who, who I think stayed, who stayed at the chair. We then got up
to the foot of the, of the apartment and, clearly, a state of,
growing, growing panic. Some people went directly into the flat
initially, included, including Gerry and, and Kate, others just
stayed at the, at the gate, on the road leading down beside the
apartment. It was, it was absolute, bedlam, there was panic and,
I’m not, the, the order of how things were decided and what, and
what we did is, is just a complete blur at this point, but,
nonetheless, I think people came back out and then she’s, she’s
certainly not there. And I recall, certainly me, Dave, Matt and
I think initially at least Gerry, just said ‘Look, let’s just’,
‘let’s just split up and find’, ‘see if we can find her, see if
she’s just wandered out’. So everyone did a little bit of a
search just in the, in the immediate area and I went along the
passageway which was in front of the patio, the patio entrances
of, of the apartments, round, all the way along that initially,
I think, and unbeknown to me at this point, because we hadn’t
really used this entrance a great deal, certainly not walked to
the other end of it, it was actually a dead-end, so I then had a
look in the, in the front gardens of, of the apartments on the
ground floor that you could see, searched a little bit just in
between the two apartments and obviously this was a fairly brief
search and rapidly doubled back and, the, other people had just
came back from the immediate vicinity as well and it was
established obviously that no-one had, had found her. I’m not
entirely sure whether I went round to quickly see Jane at this
point or whether it was after my next, my next search, but while
I’m talking about the searches I’ll just say that. I think then
we decided that we just needed to look a little bit further
afield, and I went round the, the front of the apartments, the
high side of the apartments, had a look along there, got to the,
what I’m calling the main road that drops in fromfrom the, from
the motor, from the dual carriageway outside of town, and then
looked, down, looked down the hill there, towards the, the
western side of the tennis courts, really looking, either side
of the road just to see if she was sort of wandering there, and
you could hear kind of ‘Madeleine’ being shouted pretty much
everywhere around at this point.The next, after I kind of moved
down a bit to the left, there was the Supermarket quite some
distance away, but there’s a, there’s a, there’s a road and I
think it had a car park or a, well certainly a car park but
there was an area of sort of rough that you could probably, it’s
not tarmaced or anything, had a look around there, couldn’t see
her. And then there’s, there was an entrance into, the building
kind of opposite this, which is, is, which is like a Shopping
Centre, or at least the lower floors seemed to have a kind of a
set of like a Curry House and a Bar and a few things and a
swimming pool as well, and, huh, I can’t remember the layout in
there very much, but I remember it being kind of split on, on at
least sort of two levels, lots of little recesses around kind
of, I think kind of shop windows and stuff. So I didn’t really
know where I was going, I’d never been in it before, but,
nonetheless, sort of wandered around the lower floor and didn’t
find anything. I went up on, on, I think on the next floor up,
as I came off the stairs and came round there was a, a small
Coffee Bar or a Bar on the left and looked in there and asked,
there was a, there was a, a man and a, presumably a barman in
there, just, there was only a couple of people, and said, ‘Have
you seen a little girl’ and, I mean, I don’t know how much
English they spoke, but they seemed to, they just sort of
shrugged and said no. So then just around that area. And then,
and then found my way out of the, the Shopping Centre and
actually came out at the other end from where, well a different
entrance, I didn’t come out the same way I don’t think it was
actually on the road that comes down in front of the Baptista
Supermarket. I don’t know whether I searched a little bit more
around there, but not long thereafter I met Dave coming down the
road in front of the Supermarket, just looking terrible, just
pale, sort of, sort of fear in his eyes, saying, ‘This is’,
‘This is really bad. This is bad’, ‘No-one’s found her. No-one’s
found her’. And I don’t know what happened at this point
particularly, whether we went around there, but at some point or
other me, Matt and Dave found ourselves either back at the flat
or, or, or, together somewhere nearby and decided that we would,
head down to the beach, I think that was just ‘a’, you think ‘Oh
there’s water down there it’s dangerous if she’s got that far’
and ‘b’ just, it was, it was desperation and gravity takes,
would take you that way. So the three of us swept down through a
number of roads, and then came out down at the, down on the
beachfront and I think by this point we thought it, it was
fairly futile searching as a three so we split up and took
sections of the beach and, as I’ve described before, I think
Matt looked immediately around where we had come out on the
beach, me and Dave kind of headed along towards where the
majority of the beach was in the other direction and Dave
started searching on that part of the beach and I got myself
almost over to where this Café Paradiso or Restaurant Paradiso
is, along the boardwalks and out to the, to the water edge, and
I found there that you could, if looking back, you, it wasn’t
perfect, but you could see a fair amount of the beach and as
well, and also be able to look at the waterline as well. Went
along there for a bit towards Black Rock, and then, and then at
some point decided to turn, to turn back, I mean, I thought, I
think it felt rather unlikely that, that Madeleine was going to
have walked the distance that I was starting to go, I think,
there’s no, there’s no reason why she would have necessarily
left the kind of the beach area and gone down there. So I didn’t
go all the way, turned back, as I came back, I bumped into the,
the woman I described before, early twenties, fair hair, given
the light, English, possibly a MARK WARNER employee, although I
don’t, I don’t remember, I don’t know whether I’d seen her
before, or since, but she was certainly, either, someone who
worked out there because she wasn’t Portuguese, she seemed to be
already aware that, that somebody was missing, either through
bumping into Dave or, having been higher up in the town
recently. And then did a, a, a comb through various streets, not
with any great, plan but just to try and cover some area on the
way back up to the, the apartments. And then obviously got back
up to the apartments and it was clear that, that things were
still, very, very dire and no-one had found her. I mean, right
up until this point I, I thought some, I did honestly think that
this was just, that the patio was open and she, and she had gone
for, gone for a wander. By the time we got back from this I
think, there was, there were other people were certainly
starting to congregate and, in fact, I think some people were
starting to search, mainly staff from MARK WARNER, who I think
had been alerted fairly quickly. And it’s a, and it’s a bit of
a, it’s a bit of a blur as to, what, what happened at this
point. As I said before, I think I probably went round to Jane
before I’d done this, this sort of leg to the beach and back,
but it may have been, it may have been that I actually went
round at this point. And, I went round to the, went round to the
room, and, from recollection, Jane was stood in the doorway, I
think almost certainly with Rachael, possibly with Fiona as
well. I went up and she was, clearly very, very distressed,
just, phew, almost, almost sort of shaking, and I, I just
thought it was just part of the, the shock that we were all kind
of experiencing, and I gave her a quick hug and she said, ‘I
think I saw someone. I think I saw someone taking Madeleine
away’ and she sort of told me what, what, what she, what she had
witnessed when she’d done her check, but, hadn’t put too much
weight on it because until, until your suspicions are raised,
why would you, why would you. And as we discussed before, there
is no doubt in my mind, I mean, I’ve known Jane for twelve
years, that she is, she is calm, she is collected, she doesn’t
make a fuss, she doesn’t, she doesn’t get flustered by things if
there’s a problem then she just gets on with it, she’s not
neurotic, she’s not hysterical and, from her recollection at the
time, this wasn’t, this wasn’t something that dawned on her
hours later, this was an instant visceral feeling, right inside,
that, that these two things were absolutely related, as soon as
she knew that Madeleine was missing then, thenit was, it was
absolutely clear as anything to her,. I’ve said, I’ve said the
other day on the other film, that she has been treated
abominably by the Press, fantasist, liar, sympathetic witness
,whatever you like, it’s been repeated over and over again, it’s
gone unchallenged, it’s gone undefended, it hasn’t been, hasn’t
been put to bed by a statement from the Police and, this, Jane
would not make this up, there is no question in my mind that she
would fabricate this, there’s no, as I’ve said before, there’s
no, there is no benefit for finding Madeleine by creating some
random false lead off into the dark, in a certain direction. And
Jane hasn’t been, has never been more sure f something in her
life, I mean, she didn’t see enough of this person to know
exactly what they looked like, she didn’t see the child to know
that it was definitely Madeleine, but something triggered her
suspicion at the time, but because, as far as she was concerned,
all was well in the flats, she didn’t really kind of think much
more of it, but then, as soon as she knew Madeleine was gone,
there was something odd about this chap, it wasn’t right, it
wasn’t right the way, the speed, and all the things that she’s,
undoubtedly described. But, but she has been treated like xxxx
for nine months in the Press, I mean, it’s been disgusting, it’s
been absolutely appalling, and I think, huh, I mean, none of,
I’ve said earlier, I mean, I cannot abide the media and I think
they’re, I think they’re an absolute disgrace at the best of
times and had a fairly strong view of them beforehand and it’s
only been made dramatically, dramatically worse by this, but,
they, they have poured scorn on what we consider and certainly
Jane considers to be the fundamental sort of eye witness account
of this and, at every stage when she’s done her, when the, the
picture was commissioned, it’s been laughed at, scorned at. I
don’t think there’s any doubt in Jane’s mind, that this is, this
is, this is what, this is the moment where Madeleine was being
taken away and, as a, as a statement, a personal witness for
her, she is not going to make this up and it’s not going to be,
huh, it’s not going to be some hysterical reaction to the
circumstances, that is just not Jane’s personality and I think
she’s demonstrated that during the year by, by, when not
reacting in a hysterical way to, phew, national TV interviews
and everything else. So, anyway, I saw her at some point either
after the initial searches or after this longer one. There’s a
period of time where, where we didn’t search and, we were trying
to do things, nearby, one of the, one of the things we tried to
do after the Police, the local GNR Police had arrived, was we
tried to get, we tried to get the photograph, Kate certainly had
some on her camera, they were looking for one, face on that was
big enough rather than a, a profile or something, so that took a
little while, we then didn’t have any means of printing it and a
lot of the MARK WARNER staff were around including John the
Manager, I think it was Kat the Nanny, but certainly one of the
Nannies made, certainly had found, found either a, well either a
printer themselves that would print only from cameras or at
least, a connection to the printer that we could use for the
card, I can’t remember what the equipment was in the end, but
all of this took quite a, quite a while to get hold of. There
was sort of pandemonium outside really, attempts were made to,
to get in touch with the Consulate, there, and a lot of
conversations between us together and also members of the,
members of the MARK WARNER staff and bystanders as well about
what had happened and there was, there was quite a lot of people
helping out in, in the sort of local searches as well around the
adjacent blocks. At some point in amongst this but before,
probably before I, tried to get hold of the pictures, I actually
ventured towards, in towards five, five ‘A’ and, as I said the
other day, I really did feel at a little bit of a loss and quite
pathetic in terms of, knowing what to, how to support Kate and
Gerry and I’ve always felt a little, I mean, we’ve all felt a
little ashamed that, were a bit powerless to, to, to really kind
of, to help them and to support them, but, my recollection of
Gerry at some stage around this time was I came up the steps, I
could certainly hear him, I mean, even earlier than this, you
could hear wails of despair, almost sort of inhuman wails of
despair from Kate inside the flat on, on a number, a number of
occasions when we went back and, but this was the first time I’d
actually really seen or heard Gerry, he was on the phone to, a
member of his family, curled up really on the floor just outside
the sliding patio door just sobbing uncontrollably and in
between sobs just saying ‘They’ve’, ‘Someone’s taken her’ or
‘Somebody’s blo*dy got her’, ‘She’s gone’ and absolutely, for
such a strong man to see him on the floor broken he was, he was
incapable of even standing up, he was just lying on the floor
and just repeating himself, there was so little he could, there
was just nothing else in there. At this point, there was, other
conversations, this is where I believe I had my first meeting
and conversations with, with, with Robert MURAT, he’d helped
break up a little bit of a, of a fracas between a couple of
guests and the, and the Police, the couple of Police who were,
who were there and were standing outside the apartment or just a
little bit up from it, they weren’t, they weren’t visibly doing
very much and I think a couple of the, either British ex-pats
who live there or tourists, one of whom, they were both in kind
of their fifties, if I remember rightly, they were getting
quite, quite mouthy, they were quite, they had a very clear idea
of what they thought that should be done and, at one point they
were, they were saying this quite loudly to, to, a couple of
members of the GNR whose English obviously wasn’t good enough to
hear a, a shouted colloquial rant in English at them, and I’ve a
recollection of, of, of MURAT sort of saying, ‘Hang on guys they
can’t understand you’, being actually very helpful and that is
my recollection of him on the night, that he came across as
concerned, like a lot of people, said ‘I’ve got a daughter the
same sort of age, this is terrible, this is terrible’, helping
defuse the situation with, with the, with a couple of members of
the GNR. I had another conversation, I mean, over, I’m not
entirely sure what sort of timescale this is, I think my
original statements said this was all around one am, but it’s
all a little bit of a blur, I had a few other conversations with
him, either round the back of the apartments, I mean, he was
saying that, again, sort of console here, very consolatory kind
of comments which were, which a lot of people were saying to
anyone who they knew was part of the group, and one thing he did
make a mention of was, it was something about Norfolk, which I
believe is where he his, his, his wife and kid live and he said
there was, there was a case a few, a few years back, of someone
went missing and then they turned up, they may have turned up
hundreds of miles away, but, they were unharmed, they were safe.
Again, the kind of thing that most people were quite happy to,
happy to hear and, I didn’t have any, any great sort of
suspicion about him on the night, in fact, he didn’t feature in
any of our statements on the first or the second attempt, I know
Fiona and Rachael have much more vehement views on what he was
like, they found him a little, different, but, from my point of
view, he was, he was just helping like a number of other
individuals and, and being fluent in Portuguese was, was
obviously a big help on such a night. He also sort of gave the
impression that he might have done some Police work before and,
to be fair, I probably didn’t know at the time but now I don’t
know whether he was referring to translation work that he’d done
with the Portuguese Police here or whether he’d been involved in
translating for, for Police in Britain, in the opposite
direction, but I’ve got this vague, vague now recollection of
some kind of conversation on that, on that, on that level. The
next, so, at some point I think I felt, I was starting to feel
sort of useless again, just hanging around the apartment, there
were a lot of people, going around at this point, so I opted,
after the pictures and after a period of time back in the flat
and conversations to go away again, and this time I searched
over and on towards the Millennium Restaurant, so in a, in a
completely different direction to where I had been before. As I
said, I don’t think the, although people, there was some
coordination within small groups of individuals, there wasn’t
really a systematic route to anyone being searched, so I may
have been covering ground that had been done before, but,
nonetheless, I chose somewhere that I hadn’t been before,
searched along those roads, there’s a few alleys that kind of,
well alleys the wrong word, roads that I presume higher up just
sort of go, lead out of town, that run parallel to the road that
goes up past Millennium, I went round a few of, a couple of
these with increasing futility really, and I think despite there
being a bit of moonlight, I couldn’t really see very much, there
were sort of dog barks and you kind of think, ‘I’m just going to
walk into some field of rabid dogs’, so in the end I kind of
double back. And I think almost as I’d, given up on walking up
these roads, I went down and, as I said on Tuesday, a car came
up one of these roads with what I think was Dan the tennis coach
inside and another, at least, I think at least one more
occupant, I can’t remember whether he was driving or whether he
was in the, in the passenger seat, but he certainly recognised,
recognised me in the headlights and being as tall as I am it’s
usually fairly easily spotted, and he, and I kind of said ‘Look,
I’ve been up there, I can’t really see very much’, he said
‘Don’t worry, we’re driving up these with the headlights, we’ll
have a good look’. So I came back to the, the main, the main
road, that was leading over to the Millennium and then for a
fair amount of time went round all of the individual flats there
and looked, the ground floor, they’re all, they’re all identical
with walls running like this and gates and you can open the gate
and you can look in on the ground floor at all of the gardens
and there were a number of other people kind of searching around
doing the same sort of thing. And then at some stage I headed
back to the apartment, that was, that was my final search of the
night. The, the next real recollection, I mean, I don’t know how
much time we spent in our own flats and talking outside, but the
next recollection really is, being in the, in the flat, this was
sort the first time I remember being in the flat with, with,
with, with Gerry, around this point there, there were a lot
more, I think, I think the PJ had arrived and certainly there
were actually other, other members of the GNR around as well
because there was, a fair number of people milling around in
the, in the passageway going in through the, the, the locked
door, not, so not on the patio side, but there were a lot of
people including Police around, around the exit there near the
shutters and stuff. And at some stage sort of quietened off and
the, the PJ sat down with, came in and sat down with Gerry, the
recollections of what happened there are relatively dim now, but
the only ones I can really recall was, although it was prompted
by what you showed me on Tuesday, was that we were writing on
the back of a piece of card, I thought it was a cereal box but
obviously it was a children’s book, a very kind of, very, very,
draft idea of what happened in the hour and, and what state the
windows and the shutters had been in and I think I, that was,
that was written with me sat at the table in Kate and Gerry’s
room. Gerry by this point had certainly calmed down but was, his
head was just on the table, like that, he was just staring at
the, at the table, very, very quiet and very, very low. Dave
PAYNE was in there at least at one point early on. And I think
possibly Sylvia this Housekeeper, I think she came in, I think
she was offering to translate at some point. But anyway Dave
PAYNE said to, there were two members of the PJ had arrived,
there was a guy I remember being almost shaved bald head, quite
dark complexion, and a second one who we kind of nicknamed ‘baby
face’ who did our fingerprinting about a week later, and those
two were there and Dave was, was saying, ‘Shouldn’t we’, ‘Why
are we sitting here, shouldn’t you be on the radio, shouldn’t
there be more people here, shouldn’t there be’, ‘this should be
on the radio, it should be on the television’ and, I recall
‘baby face’ or his colleague saying ‘No media’, and, and that
was full-stop and then turning round to me writing the timeline
and saying ‘That’s what we want’, fair enough.And that’s really
it. At some point Jane came in, I think because Jane was in with
our kids at this point, I didn’t hang around too, too long and I
went out, but Jane came in I think to give a brief statement to
the, the, the PJ on the night, and this is where she’s concerned
that, she didn’t really want to believe what she had seen and
she was worried that she had played it down to those staff on
the, on the night, such that, that she was never taken seriously
again by the PJ, that was, that, I mean, that was, her concern
about how she, how she pitched it at the time, but she
desperately didn’t want to believe that what she saw was, was
true and be the last person, in the group to sort of see
Madeleine. And then I have to say that the rest of the evening
is, is a bit of a blur, the PJ were at the flat I think for
probably about an hour, but I’m guessing there. At some stage
they permitted or told, somebody, Kate and Gerry, that the, that
the, that the twins could be taken upstairs, because certainly
one of the next things I can recall is quite late on in the
evening being upstairs, in five ‘H’, the twins were , I think
they’d been taken up there, I think they were still, I think
they were still asleep, although at one point they, they did,
did wake up and I think Kate and Gerry later on were, were
cuddling them. And we were all just stood there almost in, in
silence or at best whispers, absolutely dumbstruck by, the, the,
the turn of events. Kate and Gerry were sort of sat on, they
were sat on the sofas there or on the edge of the sofa,
absolutely broken, just, just, hugging each other and or just
sat there, and we were there, well I was up there for a while,
I’ve no idea what time this was really it seemed, well it seemed
like we’d been up all night already but it was still dark and I
think we went, we decided that we, we weren’t going to, we
weren’t going to search anymore, most of the, most of, by this
point, most of MARK WARNER I think had largely decided as well
that there was no obvious sign of her in the immediate vicinity
and the fact that, there was no-one outside at one point and
when I went to bed everyone had gone, clearly, well at least
most of the GNR, I don’t know if there was anyone still there at
all. And had a very brief, period of lying next to E, I think I
went in one room with E and I think E had already been moved
into our room and Jane slept with her in there and just lay
there for an hour or so, certainly didn’t get any sleep. And
then, we, we got up, I think it was probably in the first
twinkling of light, and I don’t really remember anything, there
was certainly no breakfast eaten, I mean, there was nothing like
that. My next real recollection is going back up to, to five
‘H’, it’d be light by this point so it must have been, seven,
seven o’clock, seven thirty or something, I remember it was
light. And, the situation was pretty much as I’d left it before
and, Kate and Gerry were there and, I think they, I remember
them telling us that they, they, I think in the end they’d gone
out searching on their own, they were just depressed because
they said, there was no-one else there, they were the only ones
out. So just, just almost a, a muted silence, but the twins were
there, I think they were, they were awake. I think at some
point, as I say, the phone call, questions on there, around the
eight o’clock mark, particularly because Rachael at some stage,
I can remember her being sat in our apartment and Rachael was
talking to a colleague or a friend who worked at the BBC News
Desk, I think it was, she was certainly on the phone, on the
phone to a colleague who, who either directly or indirectly
worked for the BBC or knew somebody who did and, but that was,
that was, I’d missed that out, that was certainly earlier on,
probably before we’d gone to bed. And at some point we put the
SKY News on the, on the TV in their room and, it was breaking
news and I thought I’d better ring my mum because, I’m not quite
sure how specific, I forget how specific it was, but I thought,
mum needs to know what’s happened and also if it’s ‘a child has
gone missing in Portugal’, my mum would probably go ‘Crikey, I
hope that’s not one of ours’, so I had a very tearful
conversation with my mum explaining what had happened and, sort
of saying well, ‘E and’, ‘E and E are safe, but it is, it’s
Madeleine’ and, as I say, she was pretty upset and, well it was
only a brief call and didn’t really have a lot to say and, when
my dad came back, my mum was in a terrible state and he thought
one of us was dead. I’m not really quite sure how the morning,
earlier part of the morning like clumped together, obviously at
some point the Police came back, probably not, around, they were
there maybe when I was making this phone call again and at some
stage there was, we must have been, we’re going to take, some of
you to the Station this morning, some this afternoon and we
split up into pairs so somebody could stay, MARK WARNER had
said, ‘We’ll open the crèche and all of the children can stay at
the Tapas irrespective of age and there’s more staff on there
so’, ‘if you do need to go to’, ‘the Police it’s covered
throughout the day’, but, I don’t quite know where that, that
sort of fitted into things. At some stage, Kate had asked for,
to find a Priest, I think this was not going to be, this was
probably a little bit later on, it was not going to be much
longer than before they actually went away with the Police to
Portimão. I certainly saw Robert MURAT again on the morning and
that’s the occasion, on which I took his, his mobile number and
I thought, certainly with some of the translational difficulties
with, with the staff, that he appeared to be a very, a very kind
of useful person to sort of be able to contact should we need
him, as I say, I remember taking his details just on the corner
of the apartment, we were outside, not, not on the road outside
five ‘A’ but just at the junction of the two roads, he was
walking off and going around there and I remember kind of
catching him and saying, ‘What’s your name’ and just putting
Robert and his number into the phone. I think that was before I
then got the number of the Anglican Priest, sorry the Anglican,
Father, because Kate’s Catholic, and I was also given some
numbers, I don’t, I don’t remember who gave me these, and I rang
a couple of them which didn’t go through, so I went down to, at
some point during the early part of the morning, I think this
was probably after Kate and Jane and Dave and Matt had all gone
to the Station and rang these numbers, I thought maybe it was my
mobile not putting me through, I got in touch with the Father
from the, from the from the Catholic Church there, he was out,
difficult English between the two of us, but he was out of town
but offered to see Kate, on his return, and then when I came
back up they said ‘Were you after the Priest’ and I remember, I
said yeah, and I remember being directed and sat over there, but
actually this was the outgoing, it was his last day in Portimão,
his last day in Praia Da Luz, and I had a chat with him
poolside, in fact, probably in the chairs we were sat in the
night before and then he went off. The kids at some stage here
got put into the crèche and for a fair amount of the morning was
spent in there, we, we certainly didn’t really feel like being
away from them for too long”.
01.48.52 1578 “No”.
Reply “Made the phone call to A N, which is the one you asked,
he was on holiday in France and actually riding a bike at the
time so he was no use anyway because I’d forgotten he was on
holiday and I actually wanted to speak to someone at work
saying, ‘pending a minor miracle we are not going to be back on
Saturday for work on Monday’, so I rang T W from the balcony of
the crèche and, had quite a long conversation with him
explaining what had happened”.
1578 “Okay. I think we will leave it there for a short while”.
Reply “Okay”.
01.49.26 1578 “Have a break, a bite to eat”.
Reply “Uh hu. Alright, thanks”.
1578 “The time is one twenty-two pm and this interview is
ceasing”.
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Russell James O’Brien - Record Of
Tape Recorded Interview III |
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00.00.04 1578 “Okay. The time is two eleven pm and that’s on
Thursday the tenth of April, two thousand and eight. We’re in an
interview room at Leicestershire Police Force Headquarters. I’m
Detective Constable 1578 Andrew GIERC from the Leicestershire
Major Crime Unit. Would you give me your full name and date of
birth please”?
Reply “Yeah it’s Russell James O'BRIEN, twenty sixth of
November, nineteen seventy”.
1578 “Thank you Russell. This is the third interview of today,
as I’ve stated previously you’re here voluntarily”.
Reply “Mmm”.
1578 “As a significant witness to assist the Portuguese
Authorities in their investigation into the disappearance of
Madeleine MCCANN in Portugal on the third of May, two thousand
and seven. I would now like to move on to some time lines and we
have, these are copies of written documents or time lines
written on the back of, looks like a kiddies book or something”.
Reply “Mmm mmm”.
1578 “An activity book. If we could just for a few moments go
through these documents”.
Reply “Mmm mmm”.
00.01.54 1578 “Which one came first”?
Reply “As we discussed the other day, I’d forgotten these over
the year but I think this is an attempt, this is a draft
attempt, they’re both in my handwriting, this is a draft
attempt, and then I think I’m transcribing in a slightly more a
neater writing, hoping that it’s more legible for other people
to read as well, so I think this one came first”.
1578 “So just to differentiate between the two documents”.
Reply “Mmm mmm”.
1578 “One of them has the word ‘Gerald’.”
Reply “Mmm mmm”.
1578 “Written towards the lower half of the document and the
other one does not”.
Reply “Yeah”.
1578 “You’re saying the one with ‘Gerald’ written on it, was the
final document”?
Reply “Well it was certainly second one, I said I think I was
writing this down in a hurry when I”.
1578 “It came after this, this first one”?
Reply “It came after this one yeah, yeah”.
1578 “So the one that doesn’t bare the name of ‘Gerald’.”
Reply “Is the earlier one”.
1578 “Was the first attempt, the earlier attempt as you say.
When was this drafted up”?
Reply “This was drafted around the time that the initial pair of
Officers from the PJ came to 5A (inaudible) early in the morning
of the fourth of May, two thousand and seven so I can certainly
recall writing some of this, I think perhaps the neat, maybe the
neater version sat down at the table in Gerry’s flat with Gerry
Dave PAYNE and at least at some stage of it, the two Officers
from the, from the PJ”.
1578 “What would have been the time difference between these two
documents”?
Reply “That I’m not too sure, I think what, what essentially I’m
doing, is I’m, I’ve written something here fairly quickly for
myself and then I’ve looked at it and thought it’s, it’s not
actually gonna be useful to hand to anyone to read other than
me, so I think they’re probably not that far, I’ve written that
and then I’ve sat down, perhaps I was writing this with that
being on my knee or something and never sat down, but I don’t, I
don’t recall the time difference but, but we’re looking at from
what I describe about my activities in the run up to this, to
these being within, a short space of time, half an hour, maybe
even less, I don’t think I wrote this, had it in my pocket for a
night, the other thing that makes me think that is, is probably
the front of the back cover of a book”.
00.04.32 1578 “Yes”.
Reply “So I’ve probably, I’ve probably written it, thought
that’s rubbish, even I can barely read it, let’s start again, I
don’t think there’s much time difference”.
1578 “If we look at the ‘Gerald’ one”.
Reply “Yeah”.
1578 “You have a recording at nine thirty”.
Reply “Yeah”.
1578 “Russell O'BRIEN in 5D”.
Reply “Yeah”.
1578 “What does that read”?
Reply “It says with poorly daughter”.
1578 “Oh sorry, with poorly daughter”.
Reply “With (inaudible) abbreviation for with”.
00.05.06 1578 “And then there’s nothing until nine fifty five
pm”.
Reply “Yeah”.
1578 “And I think at ten pm the, you have the next entry, alarm
raised”.
Reply “Yeah”.
1578 “Okay”.
Reply “After (inaudible) I think all of this is incomplete, I
mean that’s an incomplete sentence there, yeah that’s alarm
raised after Kate and I presume I’m gonna write return to table
but, but, but I haven’t”.
1578 “So when we compare the ‘Gerald’ version”.
Reply “Yeah”.
1578 “To the earlier version”.
Reply “Mmm mmm”.
1578 “You see that at nine thirty five, you have written”.
Reply “Matt checks, Matt checks the twins, checks and sees
twins”.
1578 “Matt checks and sees twins”.
Reply “It looks like that, yeah that what it looks like, as I
say it’s, it’s, it’s not even that great for me to read there,
but it does say Matt, Matt checks and sees twins, so this is as
I said after Matt left me in 5D, he’s gone back and I think
there was a, certainly there was a concern that Matt was,
whether he actually definitely saw Madeleine at the time or not,
he can certainly (inaudible) certainly in the, in the days and
hours afterwards I mean Matt was unsure about whether he
definitely clocked Madeleine in the room, although he was quite
convinced that he, he, both the twins were there, so I think
that’s why I’ve written that there”.
1578 “The nine thirty entry on the non Gerald version if you
like”.
Reply “Yeah”.
00.06.32 1578 “Is”?
Reply “It says Russ and Matt check all three, so this is just an
abbreviated time, an approximate time that me and Matt came back
from the table to check on the, on the flat and I’ve crossed out
E**a there and so it was written in, in haste”.
1578 “And then the, on the ‘Gerald’ version, you have a vertical
line between nine thirty and nine fifty five”.
Reply “Yeah, yeah”.
1578 “What did that signify”?
Reply “I’m not sure, I don’t know whether this was, this was me
trying to get the sort of start and the end together and err and
then, and then asked, asked for more, detail of what people were
doing. From a personal point of view I suppose once, once I was
in the, in the room at nine thirty, I wasn’t, I wasn’t privy to
any of the other direct information, so whether this is just
sort of me thinking that I’ll need to fill this in later, but
it’s just a, this is incomplete, this sentence is incomplete and
I think at some stage whilst I was writing this, the PJ were
very keen to talk to Gerry then I left and I think then Jane
came in, so I think this is something that was actually being
written at about a point where I left it with the Police and
then Jane was, Jane and Gerry were talking to the PJ”.
1578 “Okay. We have another version here, time line”.
Reply “Mmm mmm”.
1578 “And this is a typed version”.
Reply “Mmm mmm”.
1578 “And it’s headed sequence of events, Thursday the third of
May, two thousand and seven, twenty thirty hours to twenty two
hundred hours as recalled by, then we have the, the group of
adults there. Are you happy with the content of this document
Russell?”
Reply “Yeah either, (inaudible), this is, this is the document
that the group together created as we were saying before, after
the first weekend, err I think we all felt when we came back
from our initial interviews that with the amount of information,
the need to, to translate that we came back feeling that, that
there was, there was probably a lot of detail that hadn’t been
got across about the evening, we were quite keen to try and get
a time line together before some of the facts started to become
dim for us as well, so I think it was Dave who, who suggested as
I’m not entirely sure of the exact date but certainly on sort of
the Monday and the Tuesday perhaps of the, of the, the week
after, the week after the abduction”.
1578 “Yes”.
00.09.08 Reply “That we should probably sit down and do this, I
think he was quite keen to write it about the whole holiday
before the weekend and after, I mean in retrospect I think I
wish we, I wish we had, but we, we settled to do the, the
immediate period that evening, it was typed, I typed it and it
was typed on a borrowed laptop from err the tennis coach of Mark
WARNER who’s called Georgina, the surname of, of who, I don’t
think we have ever, ever known, we compiled it over the course
of probably a, a couple of sittings during one day. Kate and
Gerry by this point after the weekend were, well they were
having meetings with the likes of Alan PIKE the Psychologist
that came out to, to see them and they were, they were often
organising things and speaking to people, the Consulate etc.,
etc., etc., so we actually saw probably less and less of them as
the days wore on, so they weren’t here with the initial draft of
it, but we just left their comments to be added later and then
we told them that we’d done this and they came, err read it
through, added in the bits that were relevant to when, when,
what they saw and when they left the table, as well as the time
line Jane gave a, a full, as full as possible description of the
person she thought she saw carrying a child that may have been
Madeleine away and I think there’s also a fair amount of detail
about some suspicions from, from Gerry that the room might have
been in a slightly different way, than what it was based on his
and Matt’s observations of going into the room. So we got, we,
we wrote this, we wrote this down very much to try and get a, a
permanent record of what we thought as accurate as general as a
thought had been in the group, having (inaudible), it’s
important to say cos we’ve, I get the impression from again from
the Police perhaps but, but certainly from what comes out in the
Press, that this has been perceived by the PJ as an attempt to,
to sort of standardise our answers and make sure that we’re all
saying the same thing, it certainly wasn’t created with that
intention, it was very much that the original statements were,
brief, were obviously prone to translational difficulties and,
at no point have we concealed this, I turned up on my second
interview and presented them with the, with the stick and said,
‘look we’ve sat down, it’s all typed, we think this is quite
accurate, there you go’, so, it’s been, it was, it was, it was
really quite hard for, to hear that, or at least hear the fact
be implied that the Police felt that this was some, some
conspiracy to try and err and cover things up, this was, this
was done to go over the events, down on paper before they
become, inevitably they got less and less clear in our mind and
we were transparent in that we gave this to the Police at the
very next meeting, there was no attempt to conceal this and have
this as a hidden document that we were all reading from”.
00.12.18 1578 “Okay. We shall move on to the next phase which is
a list of questions I shall ask you and these originate from the
PJ”.
Reply “Mmm mmm”.
1578 “And then we shall follow on with Gerry and Kate’s list of
questions”.
Reply “Okay”.
1578 “And then any other business really”.
Reply “Mmm mmm”.
1578 “So firstly, what time did you arrive at the Tapas
Restaurant the evening of the third of May, two thousand and
seven”?
Reply “I’d say I think this was probably around quarter to
nine”.
1578 “Were you alone or with your wife”?
Reply “I was alone, Jane had come down to the table five, ten
minutes earlier”.
00.13.26 1578 “Who was already sitting at the table”?
Reply “At the time of arrival, everyone was there apart from the
adults in 5H, so that would be Fiona and David and her mum
Diane”.
1578 “How often were you checking on your children”?
Reply “Well”.
1578 “And how”?
Reply “During the week we, things sort of (inaudible) but in
general terms, me and Jane were checking with err between
courses, err I know some of the people were doing it more by the
clock but we tend to go between courses, sometimes we were also
off for, we’re listening at, at least the windows and doors of
other, of other rooms and checking directly in our own child’s
room, as, as we discussed before on a, at least one occasion on
the Sunday night I also went into both Matt and Rachael’s flat
with a key through their deadlocked door, as with Kate and
Gerry’s err patio door to just look in on their kids, but
generally speaking at least for me, thereafter in the week, I
would usually just check internally in ours and listen at the
window at, at the other flats before returning, in terms of
frequency as I say, although some people were doing it by the,
by the clock and it was, was relatively ad hoc when, when the
moment took, I think for me and Jane it was generally in between
courses and we’d often alternate”.
1578 “Okay. During the dinner that evening, were you always at
the table”?
Reply “No, I say I arrived about quarter to nine and as I
described in, in the, my account of, the evening, I made a
single trip back to the flat, err and then returned and that was
with Matthew OLDFIELD at about sort of twenty five past nine,
somewhere around there. On that visit it was clear listening at
the window that E**e had woken up, and so as I’ve already,
already gone over, I went into the flat, had a wee, Matt came
back after checking 5B, he discovered that I’d found E**e, that
had been awake and she’d vomited, asked if I wanted any help, I
said no, he returned via Gerry and Kate, Gerry’s flat, I stayed
there err got E**e out, out of her, out of her sort of soiled
clothes gave her a quick wash and the clothes down, changed her
into something else, sat read her a book, Jane came back and
then I returned to the table about quarter to ten”.
00.16.14 1578 “As the questions go through, it says if you
weren’t at the table, where did you go”.
Reply “(Inaudible) 5, 5D”.
1578 “And at what time”?
Reply “So about twenty five past nine I left the table”.
1578 “For what purpose (inaudible)”?
Reply “To check on the kids and ultimately to stay with E**e”.
1578 “How long were you absent”?
Reply “It would be in total, it’s between from about twenty five
past nine and returning to the table about err, err about
quarter to ten”.
1578 “And how many times were you absent”?
Reply “That was the only, that was the only trip”.
1578 “After the alarm was raised, what did you do”?
Reply “Like the rest of the table, with the exception of Diane,
we ran to the foot of the staircase or the steps outside at that
point I didn’t go into the flat, a number of people I think
stayed just at the, just at the door, some people went in,
certainly Gerry, Kate and Fiona err and then obviously we
started an immediate search as I’ve described before”.
1578 “Who did you talk with”?
Reply “Is this at any specific time”?
1578 “It follows on from the previous question, so after the
alarm was raised, what did you do”?
Reply “Yeah okay”.
1578 “And who did you talk with”?
Reply “Well at that point in time, there was only really the
group there, there was no other, no other parties immediately
around straight away, there was a very brief conversation with
some of the other group and to quickly establish what we ought
to do straight away, I presume some of the others were doing a
second search, just inside the flat just to make sure Kate
hadn’t missed them but I certainly think that, that Matt and
Dave and I think perhaps after a, some (inaudible) Gerry, we,
kind of split up, so we had a conversation just about, let’s,
you go that way, you go that way, but there wasn’t anyone else
around I don’t think to talk to, some, somebody went back to the
Tapas both to let Diane know about everything and I presume the
waiters will have been spoken to but it wasn’t, not by me”.
00.18.35 1578 “Did you have any photo of Madeleine in your
possession”?
Reply “We got a photo of Madeleine later on but this is two
hours later”.
1578 “So who gave it to you”?
Reply “Okay well certain, I’m not quite sure what the, the
initial, the question made it sound like whoever had one in our
possession anyway, I didn’t, we got a, we after a portion of my
searches, we got hold of Kate’s camera, err looked through the
digital cam to try and find a picture of Madeleine reasonably
recently, reasonably face on and, and with her being the main,
the main character on the photograph, clearly that that was
going through, there were quite a few pictures that were not
ideal, so we, we went through those, and then printed that off
all of this taking a reasonable amount of time to try and get
hold of equipment and have offices opened and etc., etc”.
1578 “Okay. What kind of photo was it”?
Reply “The, it was a, it was a photo of it was the one that was
being circulated in the, in the days immediately afterwards,
I’ve seen so many photographs of her, of Madeleine since, I
think it was a photograph that had been taken of her and a
relatively number of weeks before and I think with a slightly
different, slightly longer hair, but it was, it was a fa it was
a relatively full on sort of face on photograph, and it was
printed on a standard size four by six err inch, using the
equipment that the people had and we ran off a number of copies
of this, and several I think were given to the, the GNR”.
00.20.21 1578 “I was going to ask you the next question”.
Reply “Sorry”.
1578 “Was, who did you give the photo to”?
Reply “Yeah well I think the ones that I had, I took, cos
obviously they were printing out, they were slow, we really
wanted to get them to the Police fairly quickly, so I took the
first couple of copies and took those round to, I think the GNR
staff, I presume they were the origin, original uniformed
Officers, it wasn’t the PJ, it was well before the PJ arrived,
there were other copies printed off which I don’t know where
they got to but I know that Mark WARNER, somebody in Mark WARNER
made a poster, or at least an A4 err saying that there’d been,
there’d been an abduction and that Madeleine was missing and
that was circulated around the next morning, so somebody had
that photograph and used it for that poster but I took, I don’t
know two or three copies maybe and gave them to the Police. I
actually think ultimately there may have been more copies
printed off and somebody else gave even more copies to them as
well, and I think some of the other copies were shown, were just
shown to people around who were going on the searches but
personally”.
1578 “The copies that you had, you only gave to the Police”?
Reply “I gave it to the Police, just to the Police”.
1578 “Do you know who informed the Authorities of Madeleine’s
disappearance”?
Reply “As we discussed when we were going through the, the notes
from the previous statement, I think that this was Gerry and
Matt but I was not around, I don’t think I was around at the
time, I was second hand information, I was probably searching at
the time that that happened”.
00.21.53 1578 “Do you know who informed the media of Madeleine’s
disappearance”?
Reply “There were several attempts during the night to, to look
about getting an email out to something like Sky or something
like that, I don’t actually think that ever happened in the end,
just because of practicalities and other people doing it but my
inclination is that Rachael, Rachael OLDFIELD spoke to a
colleague back in the UK who either worked for the BBC or at
least knew someone who worked for the BBC, so I, I, I think it
was Rachael”.
1578 “Do you know when they were informed”?
Reply “I think I got this out, slightly out of place when we
were discussing it before and talked about it really about the
next morning, I think I can, I think I can picture err Rachael
talking to somebody at the News Desk in our, from our flat, in
the dead of night really, so quite late on, three, four am maybe
but I really don’t, I really don’t know, but it was well after
the, the main, the main kind of rush of, of, of the search and
the events and it’s when we were back at the, back at the
apartments later on”.
1578 “So that was the Media”?
Reply “That was the Media”.
1578 “Do you know when the Authorities were involved”?
Reply “Well it was during, it was in a period of time when I was
doing the search so I can only say what, what other people, I
know from speaking to the rest of the group that there was some
reluctance on the part of staff down at the Ocean Club reception
to ring the Police but they were, they kind of in the end had to
sort of insist on it but I think it was, it would have happened
not long after that original search but I couldn’t put a time on
it, I’d be, I’d be making one up”.
1578 “Did you take part in any searches”?
Reply “Yes, and I presume that what I’ve”.
00.23.44 1578 “With, with whom and how were they planned”?
Reply “Right okay. Yes as described and, and as described in the
last interview, there was an initial search of the building, of
the perimeter of the building, and then we re-met again, I then
did a solitary search down the, the west side of the apartments
into the car park and shopping centre as I discussed, there was
then a, a joint search with me, Matt and Dave coming, sweeping
down the town towards the ri, the river, err towards the sea and
then we split up and searched the beach and obviously we lost,
we kind of lost each other during this point and then I came
back as sort of, as exact manner to the, to being on my own, I
then did a, after quite a long time by the apartments did a
final search in the, in the sort of, the road out towards
Millennium, and the, and the adjoining roads that go off into
the dark there and then did a, and then on my way back after
having met Dan in the car who then carried on going up those
roads, I did a brief search in the flats to the sort of south
side of, of the road that leads up to the Millennium”.
1578 “Okay and how were they planned”?
Reply “Bad, very, very, kind of at the drop of a hat, I mean
the, the initial search was just to make sure she hadn’t
wandered off, I think there was some planning by some of the
Mark WARNER staff, just to make sure that individuals went off
in different areas, there wasn’t really a great deal of
coordination with the ones that I did, the early ones were
happening before there was a group there and the one I did last,
probably after, whilst I was back, outside the apartment for a
period of time, there was a lot of searching going on that may
have been more coordinated than what I was doing, when I went
back out, there wasn’t any clear coordination, so I just went to
somewhere different that I hadn’t, that I hadn’t checked
before”.
1578 “Okay. During your stay at the Ocean Club, did you ever
leave your doors open to the apartment”?
Reply “No I don’t think so, certainly when we weren’t using the
apartment, it was always completely shut down, we generally kept
all the shutters down, just to keep the heat and the sun out of
the apartment, so they were reasonably cool for the, for the
evenings, when we went, we went to the, the Tapas in the
evenings we, we kind of locked and pulled the shutters down on,
on all the bedrooms both front and back, the patio was locked,
and then we would go out the main door and there was the option
of turning the lock to a sort of dead lock, so it couldn’t be
opened either from the inside or the outside without the key,
just in case E**a did get up, which was unlikely but we felt it
was easier to do it that way and during the day, I mean
occasionally we would sit outside on the patio, err but I don’t
think if we went, if we went away from the, from there for any
length of time, we would have locked up, I don’t remember
leaving it unlocked”.
1578 “Did you ever leave your windows open”?
Reply “No, I don’t, I don’t think so, generally speaking we
didn’t touch them very much, we might have pulled the shutters
up during the, during the day, from recollection, the front, the
front windows were, were all patio sliding ones and so they were
like, you have gone in and out of them but you’d have shut them
and the other windows at the, on the kitchen side and the kids
bedroom side, I don’t think we opened and closed those very
much, I mean we may have given a bit of a breath of fresh air
but we didn’t leave them routinely open”.
00.27.34 1578 “In the days prior to Madeleine’s disappearance,
did you ever check on your children”?
Reply “Howw do, how do you mean, do you”?
1578 “I guess this is”.
Reply “Just about the routine again”?
1578 “Yes”.
Reply “So it’s, is that what it says the same, it’s a re-hash
of, of an earlier question. Yes we, we, , when we were over on,
in the Tapas, we had the routine that I’ve described before,
generally between courses or at, opportune moments we would go
back, search in our room, check in our room, listen at the other
windows of the others occasionally, would have been, would have
been a visit into the others as well and on other peoples trips,
they would’ve, of often check their child and that and certainly
listen at the other windows and, and on, on some occasions but
not all, sometimes there was a key passed over as well but I
think we’ve described that in some detail before”.
1578 “Yes and the next question is, how often and yes you’ve,
you’ve covered that”.
Reply “Mmm yeah, yeah”.
1578 “Between courses etc”.
Reply “Generally between courses, other people were kind of
listening at the windows as well, so although we might not
necessarily have gone into our room, however, well, we would
have gone into our, our room on every occasion when we went back
for, other people would have been listening at windows on
intervening times as well”.
1578 “So are you able to put an approximate time period on the
courses”?
Reply “It’s like a starter , I would have thought that, we get
down there, we would have ordered, we would have gone back after
the starter, which might have been sort of twenty, twenty
minutes later, the things came out reasonably, reasonably
quickly and then there would have been a gap, other people may
have gone along on a time basis, sort of during meals and they
would have come back and reported that all was clear as well,
twenty minutes after for the main course, so I think it’s
difficult to say, absolutely what, what it was, it would have
been, it would have varied night to night depending on the speed
there but, we were going, alter, me and Jane were generally
alternating between courses and other people would have come
back and said it’s all quiet on yours, even if they’ve gone at a
different stage, based on, on time”.
00.30.04 1578 “On the on the Thursday evening”.
Reply “Mmm”.
1578 “You went back at one point with Matt”.
Reply “Yeah”.
1578 “And you heard E**e murmuring”.
Reply “Mmm mmm, mmm mmm”.
1578 “Had anyone else heard her prior to”?
Reply “No, no, I mean we had, the person who’d been back to our
flat before that was obviously Jane, so Jane was the last person
who’d been on any form of visit, whether it was listening or
not, so she came back and obviously hadn’t reported this, as we
haven’t discussed today, but certainly on, on film the other
day, we did discuss, we also had a monitor, as did Dave and Fi
but I have, certainly I don’t remember the monitor going off, or
hearing, or hearing E**e prior to me going back, I have to say I
don’t, don’t remember Jane sort of saying, oh she was crying on
the monitor as well but, as I say, it was more, it was more of a
kind of a low whimper, this wasn’t sort of getting back there
and she was yelling or anything, it was more of a, I think it,
it was just sort of hear her there, so it wasn’t a, it wasn’t a
yell, I think one of the reasons we were going back as well, I
say Dave and Fi used the monitor alone and didn’t do any trips
back cos they had this two way monitor, which was, was, was sort
of quite more sort of maybe more expen, more expensive than our
model but because we hadn’t heard anything much and we didn’t
hear anything at any time, we just wanted to make sure that,
that the monitor wasn’t just sort of out of range or anything
like that, or not, or not working, but I can’t, we didn’t go
back me and Matt because I heard anything on the monitor, so
whether E**e had just started as I got there, I, don’t know”.
1578 “When you were at the Tapas Restaurant, where was the
monitor, where was your monitor”?
Reply “We had, we had the, that’s the, if that’s their bedroom”.
1578 “No sorry”.
Reply “Sorry”.
00.31.53 1578 “The piece that you took with you”?
Reply “Oh Jane had it”.
1578 “Right”.
Reply “Yeah Jane had that, Jane (inaudible)”.
1578 “All the time”?
Reply “(Inaudible), I don’t think I had it, Jane, Jane generally
had it, but the, the monitor was obviously plugged in, in the
flat and then the cable kind of stretched and we just put the,
the receiver in the doorway of the, of the, children’s room, I
think, I think I remember rightly the plug, the plug for it,
was, was just over the, over the other side of the, of the,
bathroom there, the room there, we plugged it in and then the
lead sort of went in it, just pointed into the, into the room,
so it kind of got the whole room, and it was obviously, using
that, it was as near as the, as near to the window as, as was
possible as well”.
1578 “Okay. We, move on to phones now”.
Reply “Mmm mmm”.
1578 “Did you have your mobile phone with you in Portugal”?
Reply “I did”.
1578 “And what is the number of it please”?
Reply “0”.
1578 “I have a list of numbers here”.
Reply “Mmm mmm”.
1578 “And I’ll ask you in respect of each number who it belongs
to”.
Reply “Mmm mmm”.
00.33.15 1578 “If you could answer, who is the user of phone
number 0”?
Reply “I’d have to check on my phone again to do this if we’re
gonna do it err. It’s a bit of a, obviously having done these
numbers before, before, obviously there’s two out of five that
don’t come up on my phone anyway but. Do you want to do their
numbers in reverse order, while this is coming on, because I
know that the later ones”.
1578 “Do you want to start at the end and work forwards then”?
Reply “Well yes”.
1578 “Okay the the last one in the list if you like is 077”.
Reply “Mmm mmm”.
1578 “853”.
Reply “Yeah”.
1578 “8”.
Reply “Just see if that comes up in my list, that is Professor
AN, who is a Consultant colleague of mine at the Royal Devon &
Exeter Hospital, he, there’s three of us that work on a ward and
when it’s fairly tight, cos it’s an Emergency Ward, so it, we’re
not, there’s not many if one’s off and I was ringing him to say
that, unless there was a very miraculous turn of events there,
that we would not be back in time to start work on the Monday,
I’d forgotten that he too was actually away err for a couple of
days at the end of that week and he’d actually gone over to
France, he’s a very keen cyclist and has a house out there, and
I rang him and he literally answered along the lines of, ‘oh hi
Russ, I’m on the bike, I’m in Fra, I’m in France’, or something
like that and so I, it was useless me talking to him anyway, cos
he wasn’t actually at work, so he couldn’t pass on any message,
so I rapidly hung up, so it’s probably a twenty second call, or
something like that, I didn’t tell him anything about what had
happened. I then rang my other colleague, TW”.
00.35.43 1578 “Okay. The call in particular that you made to him
was at ten fifty two”.
Reply “Mmm yeah”.
1578 “On the morning of the fourth of the fifth”.
Reply “Mmm yeah I can remember”.
1578 “So that would fit in with”.
Reply “I was stood on the balcony of the crèche in, in there and
I thought well I need to let work know now, cos this was already
Friday morning and in terms of being on call, and my, my general
nine to five job and also out of hours, I knew I had to make
some, arrangements quickly, so that the Hospital could cover my
absence”.
1578 “Okay. The next number is a land line number”.
Reply “Yeah”.
1578 “0”?
Reply “That’s my parent’s home in Merseyside”.
1578 “And who are your parents please”?
Reply “Erm**t O'BRIEN and ** O'BRIEN”.
1578 “And whereabouts do they live”?
Reply “They live at**”.
1578 “Do you know who the called party was at eight thirteen am
and thirteen forty nine pm on the fourth (inaudible)”?
Reply “Of, to that number”?
1578 “Yes do you know who, who you called”?
Reply “Who I spoke to, I spoke to my, I would have certainly
spoke to my mum, my dad usually doesn’t answer the phone as a
general rule, I think I spoke to my mum, I mean I don’t know for
sure but both were calls for my mum, the eight o’clock in the
morning one was to let her know, because it was breaking on the
news, I think we must have seen the eight o’clock bulletin,
actually I thought I’d better let my mum know that, that well, a
what’s happened and b that it’s not, it’s not E**a and E**e, I
don’t know whether there was a name when they shown the initial
reports but err, as I said, I think I said, if not today, then
on the first interview that my mum had met Madeleine so I,
wanted to make sure that they were aware as early as possible
and the later call I’d imagine was just to, a supplementary
call, I don’t know whether that was to me from her or from me to
her but as you can imagine we, we made an awful lot of phone
calls that holiday”.
00.37.53 1578 “Okay. The next one is a mobile again, 0”?
Reply “That’s my mum’s mobile, so actually I’ve got, I think I,
I don’t know whether I rang the first, whatever, whichever calls
to the land line or to that mobile is the earliest, is the call
I’ve just described, so”.
1578 “Well this was at, ten fifty two am”?
Reply “That morning”?
1578 “On the, on the third”.
Reply “On the third, well that’s to my mum, it was”.
1578 “So this is before”.
Reply “It probably wasn’t the first call, that’s not the first
call, the land line must be the first call then is it”?
1578 “No the land line ones are on the fourth”.
Reply “Right okay”.
1578 “This is on the third at ten fifty two in the morning, ten
fifty two am”?
Reply “That’s a text message isn’t it”?
1578 “It is indeed you’re correct yes”.
Reply “Yeah sorry, that’s my mum texting me, she often texts me
when I’m on holiday after say about, whether she sent it several
days before, I don’t remember my phone being on a great deal, I
think that was just a text from my mum saying how are things and
she has a habit of just sending a relatively mundane, how are
yous now and again when we’re on holiday”.
00.39.10 1578 “Would that text message still be on your phone”?
Reply “I did for a long period of time, I kept, I’ve got my
other phone here, this was my phone at the time”.
1578 “I appreciate it’s been through the washing machine”.
Reply “It’s been through the washing machine, I actually kept a
lot of texts for a long period of time and it may well have been
on there but as I say, this has been, this was submitted to the
Portuguese Police in July, err I don’t know whether they took
any, any sort of things off it at all, I think they were looking
for, to try and see if they could ascertain a time which Robert
MURAT’s number was put on it more than anything but I no longer
have the, the, the access to this phone but you’re more than,
it’s useless to me if anyone wants to try and it’s there”.
1578 “Okay. Next number is a mobile again, 0”.
Reply “0”.
1578 “42”.
Reply “Yeah that’s, that, that is not on my sim card as a call,
as a, as a known caller”.
1578 “Okay, the question is did they contact you during your
holiday, either personally or by phone”?
Reply “As far as I’m aware not, I mean clearly we’ve been, we’ve
been through this before we have”.
1578 “And again you, you needed some assistance there didn’t
you”?
Reply “I presume this is actually Bri, this, this was Brian
HEALY’S number from what you said the other day, I’m not, I’m
not aware of making a call or receiving a call to Brian HEALY
but this number and the, the one other number we’ve not been
through, is, is, is, is Susan HEALY’S, Kate’s mum, I’ve met, as
I said before I’ve met both of them in the past, I met them at,
I think just the once before the, before Madeleine went missing
and that was at Madeleine’s birthday party, I’d had no, no, no
contact with them really until they actually came out. What I
think had, has happened is that the first call is to Kate’s mum
and actually Fiona ringing her on my mobile while we were at
Portimão Police Station, cos I think her battery had err, was,
was err, was about to give out”.
00.41.24 1578 “So that would be the first mentioned mobile that
we moved on from”?
Reply “That we went through the other day yeah so the, the two
numbers that I can’t recognise are”.
1578 “0”.
Reply “Yeah I presume yeah, but I can certainly recall whilst we
were sitting waiting to go into be interviewed on the, on the
evening of, of Friday, Friday the fourth of May”.
1578 “Yes, it was seven forty three pm”.
Reply “Yeah that Fiona borrowed my, borrowed my mobile for a
call, but I haven’t I don’t think I spoke to, to either Sue or
Brian until they actually, until people actually came out
physically to, to, to Luz in the days after the abduction”.
1578 “Okay. So we move on to the, to the next phase, which are
the questions drawn up by Gerry and Kate”.
Reply “Mmm mmm, mmm”.
1578 “And the first one is, for how long have you known Gerald
McCANN and Kate HEALY”?
Reply “Okay, I met Gerry briefly for the first time in Atlanta
in nineteen ninety nine at the err, err the American Heart
Association Conference, he was a presenter there, he was
presenting some of his research he’d done in Glasgow, err he
already knew a few of the people who I’d, I’d just started to
appear at the research, as part of my training and he already
knew a few of the people who worked in Leicester, one of whom
had actually worked in Glasgow before, so there was a little bit
of a connection between the two departments, and (inaudible)
turn it off, I then didn’t really meet him for probably a couple
of years though after, he moved down to Leicester as a, as a
sort of, as a Trainee Registrar in Cardiology, and although we
spoke on the phone, I worked on the Coronary Care Unit at one
Hospital in Leicester and he worked at the, the main Cardiology
Unit as a (inaudible), at Glenfield Hospital, err if I had a
patient who was particularly unwell, who needed the, the
facilities at Glenfield, I would ring and some days it would be
him, so he was, he was a phone, a voice at the end of the phone
for a long period of time, and then he rotated as part of his
training, down to the Coronary Care at the Royal Infirmary on
another ward as well and we ended up working I think for, on the
same ward for a, a period of, of about six months and he was
down at the Royal for about a year as well and during this time,
obviously we worked directly together, and he, it was, it was
coincidentally I think, around the same time that both Kate
found out she was pregnant with Madeleine and Jane found out
that she was pregnant with E**e, so that pregnancy was sort of
marching on at the same time, and I don’t think I’d after, after
they were born, that’s probably the, the first time that, that
we started to see them socially, we mainly knew them through,
through Dave and Fi, Fiona had established a relationship with
Kate, cos they were both, I think they were both doing
Anaesthetics at the time, so they were, they were going, they
got quite close, we ended up sort of going to, round to their
house for the night, or a barbecue in the summer or, or a few
things and we got to know them there. We would generally only
see them initially there, Dave and Fi they got married in, in
August, two thousand and three it’ll be, where E**e was, E**a
was just a few months old, we all went out to, to have, the
wedding was actually in Italy, and Matt and Rachael, we had, all
of us were, were out there on that occasion, so we, we were all
there together and since then, we’ve been to Madeleine’s
birthday, certainly I think the, her third birthday, I’m try,
I’m trying to recall whether we also went to her second, they
were probably the only two, but may only be the one and Kate and
Gerry came round with Madeleine to my house one day, when they
were both crawling, so I presume around kind of nine month old,
err and that’s when my mum, when my mum and dad were down for
the weekend as well, they met Madeleine on that occasion, but we
would generally meet socially after two thousand and three, but
to be fair, it was usually through Kate, usually through Dave
and Fi”.
00.46.06 1578 “Well the next question is, what
kind of relationship is there between you and the MCCANN
couple”?
Reply “Yeah, sort of partially explained that there, so
initially it was a working relationship with Gerry at work, then
there was a series of things, largely meetings at Dave and Fi’s
house with the kids, yeah well and the fact that we had the kids
the same age, and it’s become a friend, a friendship, although
we, we wouldn’t sort of see them or necessarily contact them
regularly, it was more that during during meetings with, with
Dave and Fi at their house”.
1578 “Have you ever visited Gerald and Kate at their home
address”?
Reply “Yeah”.
1578 “Their children also being present”?
Reply “Yeah”.
1578 “If yes, how many times”?
Reply “Yeah it, we certainly went to Madeleine’s birthday, the,
the year before, so two thousand and, and six, I’m trying to
recall whether we went to one a year before that as well, I
don’t think we did, cos I don’t, I don’t actually think they
were necessarily in their new house and, and they moved around,
they moved from, from Queniborough to Rothley a few years back,
we didn’t go to their old house, so I think we’ve been,
certainly once, possibly twice, prior to this holiday to their
house and their children were present, it was Madeleine’s
party”.
00.47.27 1578 “Had you already spent holidays with them at any
other time, if yes could you describe the way they took care of
their children in the evening at night”?
Reply “(Inaudible) okay, yeah well the answer, the answer is no,
we, as I say we were due to go on holiday to Majorca with them
in two thousand and six but Jane was heavily pregnant so we
pulled out”.
1578 “How often did you meet Gerald and Kate during the holiday
time period, between April the twenty eighth and May the third,
two thousand and seven”?
Reply “It varied day to day, we’d certainly see them a number of
times each day, generally, we probably didn’t see them at
breakfast time, they were, I say they, they played more tennis
than sort of down at the water front I don’t think they did an
awful lot down on the water front at all, so Jane probably saw
slightly more of, of, of, of Kate and Gerry because she did a
bit more tennis than me. We, we’d see the children and them
often at lunch time on a number of days, we had joint lunches in
one or other of the, of the rooms, that didn’t necessarily
happen every day, high tea we would always see all the children
and all the adults together when they were served, they were
served their dinner, think it was about five or about quarter
past five, something like that so at least three or four times a
day, I mean we, people did do their own thing during the week as
well and then obviously every, every evening, we were, we, we
all kind of congregated together”.
1578 “Yes. How often do you see their children, Madeleine, Sean
and Amelie”?
Reply “Well it would have been on most of the occasions bar the,
bar the evening for those, err and sometimes we may have bumped
in, may have seen Madeleine when I was picking up E**a from,
from the, the kids club in the afternoon, or doing the drop off,
so I might see them even independently from, from Kate and Gerry
if I dropped off a bit later, or picked up a bit later, so,
several, several times, usually several times a day”.
1578 “Have you ever felt you had reason to become somehow
concerned about the children”?
Reply “Absolutely not, no I mean just full stop, I think I even
ranted off at this point on Tuesday but, there’s, there’s no
suggestion that Kate and Gerry are anything other than very
loving parents, they, they, they adore their kid, absolutely
adore their kids for, (inaudible) illustrate it, in the
afternoon, they, when often we’d go back, after kids club and
the high tea, they’d often play in the, the play area round
there and, and and Gerry would be kind of life and soul of the
party with all the kids, they’ll be climbing on him and he’d be
sort of with, but absolutely not, I mean it’s, it’s
heartbreaking what’s happened and the way they’ve been portrayed
because they’re, a year ago, we were all just four ordinary
families who loved our children and, and Kate and Gerry are
exactly that, they’re just loving parents”.
00.50.49 1578 “When was the last time you saw Madeleine”?
Reply “I certainly think I saw her at lunch time on the
Thursday, when, when sort of E**a, when E**a and her would have
come out the, the, kids club, as I said earlier on, on, on
Thursday afternoon, we did something slightly different and we
were all down at, down at the beach front and were gonna eat
there, my gut feeling is because I got there to pick E**a up
before all of the children from the kids club were taken up to
the, the Tapas that I did see Madeleine there, I have to say
eleven months on, I, I can’t tell you that I had a picture of
her definitely there, but unless Kate and Gerry picked her up
separately, she, she would have been there and somewhere in the
back of my mind I, I’ve got this picture of me taking E**a out
and all the other children, including Madeleine were there but
it’s too long after to, to, to really be honest on that and sort
of say yes I definitely saw her, cos I, I don’t know I can now”.
1578 “When did you see Kate and Gerald on Thursday May the
third, two thousand and seven”?
Reply “Well we didn’t see them at, at breakfast me and, me and
Matt had gone up to the Millennium for breakfast and we were, we
were running a little bit late, it was relatively late, I
dropped E**a off, slightly later at the kids club, so I didn’t
see them at the drop off there, I think the, the first time that
morning I saw Kate first, and that was at, after the, after
they’d had a tennis, had a tennis game, I’d gone back with E**e
who didn’t go into the club that morning, we’d stayed in the
flat, I’d gone back out to the, the tennis area with E**e, as
they, well watched, maybe watched the end of the lesson, they
all came off and we had this conversation with the, the man who,
he was the holidaymaker who felt very awkward taking pictures of
his kids, obviously come back out to have a lesson after the,
the adults had finished their lesson, so she was certainly there
then and we were stood out there for, a reasonable amount of
time, I think then when all the children came back up, I think
we saw Madeleine and err, and Sean and Amelie and Gerry and
Kate, so over lunch time, I don’t think I saw Gerry again until
we played tennis later on, cos we were down, Matt went sailing,
we were down at the beach, err but we did see Kate on her run as
I described earlier, so around five o’clock or whatever, it
would probably be just after five o’clock, when E**a, when I’d
come back down with E**a, Kate ran along the beach and went
right up to the other end and, and I don’t remember seeing
(inaudible). Then the next time, I say, I saw Gerry was, he was
playing tennis when we got back shortly after six o’clock, don’t
think I recall seeing, I think, I think the, Kate had already
gone, was already in the flat then, it was, it was just the men
playing tennis anyway, and then the next time I saw the pair of
them together was when I arrived at the table at quarter to
nine”.
00.54.03 1578 “The next question, it fits in quite nicely, what
time did you arrive at the Tapas Restaurant on May the third,
quarter to nine”?
Reply “I’m sure it was the first question in this section but
obviously, oh no it was the other, that was the Portuguese
yeah”.
1578 “It’s the other section yes. Who was already there at the
table”?
Reply “As I’ve said in, in, apart from poor old Dave, Dave and
Fi and Diane always last, everyone else was there”.
00.54.30 1578 “And what were Kate and Gerry doing when you
arrived”?
Reply “Nothing spe, maybe just, I think they were just sat
there, and yeah there was nothing particularly special about it,
I say there was no food at this point, they may have had a
drink, I don’t absolutely recall but we just, but the only bits
I recall was it was perfectly normal, they were behaving
entirely normally and we had a conversation about how c*** the
PAYNE’s were, which is not, this is the first of ma, well it
wasn’t the last and it certainly wasn’t the first”.
1578 “The next question is, did you talk with Kate and Gerald”?
Reply “Yeah, yeah I mean I don’t remember any of our
conversations specifically at that point, the, we, spoke about,
about that, I suppose given, we hadn’t seen Kate and Gerry, I
think there was also some talk about Matt’s, Matt’s brush with
the err, with the Atlantic, , so there was, there was good
humour, this was the by far the kind of, the brightest sunniest
and probably happiest day of the holiday, everyone had had a, a
very, very good day”.
1578 “How were they behaving”?
Reply “Absolutely normal, there was no, there was no suggestion
that anything untoward had happened and they were concealing it,
there’s I, I just find it staggering that anyone could believe
that, that something tragic could have happened in the room and
that a pair of highly able, highly qualified Doctors would
rather cover it up, just dispose of any evidence and then
swimmingly come down to dinner, particularly when, if there, if
there had been an accident or something terrible, they’ve got
four other Consultants or Senior Doctors within a, on the tennis
courts or within a short shout so we, so much has got lost over,
over time, I think, it is ridi, it just seems senseless someone
involved in, that it was there, that four families go on, have a
great holiday, show no, no signs of abnormal behaviour, and then
rather than intervene and try and save Madeleine if she’d become
injured, or, or at least raise the alarm, Emergency Services,
mouth to mouth, blah, blah, blah, that, that either Kate and
Gerry alone or by implication with help from anyone else would,
would opt to, to go into some amazing cover up and I think
that’s just got lost, I think that’s got lost in the whole
thing, sorry anyway”.
00:57:31 1578 “Let’s not forget these are Gerry and Kate’s
questions.”
Reply “Gerry yeah, yeah sure. No, but they were behaving
entirely normally. There was no, they could not have been acting
as they were knowing that they had, that they had either
inadvertently or intentionally harmed Madeleine and then
disposed of the, disposed of her, or were going back to do that
later.”
1578 “Who left the table during the meal and why?”
Reply “Like I say this had all been said before but in summary,
Matt had gone back to try and get the PAYNE’S, the PAYNE
WEBSTER’S to hurry on down and he’d also done a brief check of
the rooms from the outside. Err although I don’t particularly
remember him actually getting up and going, Gerry was away from
the table for a period of time. Jane did our first check I think
about sort of quarter past, about quarter past nine then me and
Matt went away I stayed off there, I obviously can’t comment on
what happened whilst we was away but I’m not aware of anyone
else did any further checks, no one looked in on me in the flat
put it that way, until Jane came back. Err then I went back and
I think the other, next, next recollection really is not so much
of Kate getting up but certainly Kate being away and then, and
then coming back raising the alarm.”
00:59:03 1578 “Next question, did you see Gerald leaving the
table during the meal?”
Reply “I think I was, I was merely conscious that he’d been
away, I don’t know if I can particularly say I remember him
going right its time for a check or anything. He, I can picture
him doing that but that might have been on any night that week,
I picture him standing and looking at his watch saying right I’m
off, I’m gonna go and check but that could’ve been on any, any
check that he’d at any day of the week.”
1578 “What time?”
Reply “Well as I say I wasn’t, I wasn’t just sure, I wasn’t
necessarily startlingly aware that he’d got up specifically
there but from the time line its slightly second hand so maybe
its best I just sort of say I was aware that he was away, rather
than I’m aware of a particular moment in time. But it would have
been shortly, not that long, not a great deal of time after Matt
and everyone else was at the table but before Jane had gone,
which was at quarter past, ten past nine I’d say.”
1578 “How long was he absent?”
Reply “Well, again, he was away, he was away for a, a good
number of minutes, so more, more, more than five, probably less
than ten.”
1578 "What did Gerald say when he came back?”
Reply "I don’t remember, I’d imagine, I can’t really, I
shouldn’t really just imagine really should I, I don’t recall
anything, I mean most people just came back and there was
usually a nod to their other half that everything was fine, , no
problems or a report to the table but I specifically remember
him coming back and telling everyone that everything was fine
but…”
01:00:40 1578 "Was he behaving or acting differently when he
returned?”
Reply "No, just plain old fashioned Gerry. No change
whatsoever.”
1578 "And the same format of question is, is replicated for
others, and firstly did you see Jane leaving the table during
the meal?”
Reply "Err yes as described.”
1578 "At what time?”
Reply "About quarter past nine.”
1578 "How long was she absent for?”
Reply "Just a matter of a couple of minutes really, only the
time that it would take you to have got to the apartments and
back, not long at all.”
1578 "What did Jane say when she came back?”
Reply " I said the other day, I mean I, she didn’t, she didn’t
make anything, I don’t recall any, any special comment in
respect of what she may have seen. She didn’t, she didn’t come
back and say I’ve just seen someone odd or anything like that,
there was no comment like that. Normally when people come back
it was usually just sort of said it everything, or they all
quiet, yeah, fine, great. I don’t recall any, anything other
than things like that. She wouldn’t have just sat down, she
would have come back and said its all quiet.”
1578 "Was she behaving or acting differently when she returned?”
Reply "No she was absolutely normal.”
1578 "Did you see Matthew leave the table during the meal?”
Reply "Yeah, obviously he left at, he left to try and get the
PAYNE’S but…”
1578 "At what time?”
Reply "I think It would have been around the nine o’ clock mark.
And yes he was behaving normally, I don’t recall any particular
things he said when he came back, ”
1578 "How long was he absent for?”
Reply "Just a matter of again, the same sort of as Jane, just
enough time really just to do a quick, a quick kind of check two
or three, three or four minutes, something like that, no more
than that.”
01:02:35 1578 "And then obviously there was the time with
yourself.”
Reply "Oh yes, and then we left the table together.”
1578 "Did you see Kate leaving the table during the meal?”
Reply " I can remember Kate being away, I don’t, I can’t picture
the moment of her standing up.”
1578 "At what time?”
Reply "It would have been approximately just before ten because
we did have the reference of someone asking what sort of time it
was and Rachael announcing the time to the table, she may have
been the only one.”
1578 "How long was she absent for?”
Reply "Well it, as I say, it’s hard with not, with not kind of
knowing the way, but clearly if she was away she was away for a
number of minutes if I, I mean I can, I can recall her not being
there for a little while and obviously that’s fairly, fairly
obvious considering that the moment of her return is when it all
kicked off so I, she was gone at least several, at least several
minutes, that’s, that can be fairly sure of her absence more
because clearly her return was so was so, so important to
everything..”
01:03:53 1578 "All we need in there.”
Reply "Sure.”
1578 "What did Kate say when she came back?”
Reply " I don’t recall the individual words as well as I think
we’ve said on Tuesday and today, I can only really remember,
remember the meaning and that was that, that Madeleine’s gone I
know there’s been a lot said about other things. That’s, that’s
the only words I heard. I was deep in, deep in tucking through
my, my food and I think other people were probably sat back and
relaxing a bit more whereas I was actually eating at the time
and the only, the only kind of really feeling I got from it all
was Madeleine’s, that she’s, she’s gone, Madeleine’s gone. But
what the words were rather than the meaning I don’t know.”
1578 "How did she look?”
Reply "Pretty ghastly, at this, this point just very, very, just
extremely concerned and she shouted sort of very loudly into the
distance, it’s hard to tell but you just knew that she was, she
was very, very concerned about something.”
1578 "What was her behaviour like?”
Reply "Well initially, I say initially we just got a shout and,
and everyone sort of swept up there and I didn’t go in with her
at the time, there was obviously panic, it was totally
appropriate to the situation there was a sense of haste and she
was, she was going straight back up there with everyone else err
in terms of behaviour I can only describe really what happened
perhaps over a longer period of time and that she went from
happy Kate MCCANN sat at the table, laughing and joking and
enjoying the evening like everyone, like every, like the rest of
us were through obvious concern I don’t remember, whereas I
didn’t go in the flat straight away but a period of time later,
afterwards, just hearing these sort of unearthly pangs of
despair coming, I mean shouted out and and absolutely kind of
(inaudible) just hysterical with, with, with pain and anguish
the, it was a second hand thing that she was, apparently, I mean
I wasn’t, I didn’t see this, but apparently on the floor she
kind of drew, drew her own blood through bruised, her hands were
just, absolutely, so, so distraught. In my opinion, if this was,
if there was any foul play bestowed on them, this was the, the,
the most powerful Oscar winning act you have ever seen. There
was no, there was no way I could imagine anyone could, could
hide the fear they must have had if something had already
happened and, and then, and, and, and display this, this degree,
this degree of anguish without being the most accomplished of,
of, and cynical of actors, this was unimaginable. I mean I’ve
told patients they are dying I’ve told relatives they’ve, people
have died, I’ve seen lots of people very, very angry, very, very
upset, very, very quickly and really broken and this was, this
was as bad as any of them I’ve ever seen or heard. And the same
for Gerry, not, not just in these moments but over the, over the
coming, over the coming days, I’ve never ever witnessed such
unimaginable grief.”
01:07:32 1578 "Okay. Were you shocked by her words?”
Reply "Well, again, what she shouted at the, at the doors I
only, I’ve only ever taken a meaning from that as I said, so I
don’t know, not shocked by, well I’m shocked by the words yes
that Madeleine was missing. And although I can’t remember it
because it was part of these shrieks, and certainly the second
hand comments from the other members of the group who heard what
she said and what she said to people around her, there was every
hell, god, d**n and xxxx in there she swore but was I shocked,
no I think this was an absolute normal reaction to what had
happened, I don’t think there was any, for Kate and Gerry there
was nothing abnormal or suspicious in the way that they, that
they reacted to this.”
01:08:24 1578 "What did you do?”
Reply "Well I think that’s an open question is roughly kind of
says what we’ve already discussed before I presume, at the foot
of the stairs I think we had flat, initial searches as discussed
before. I don’t know is it worth going over that in any more
detail?”
1578 "I don’t think so, I think…”
Reply "I presume it means what did I do right at the time, I
went to the foot of the steps, didn’t go in initially, obviously
did a quick boundary search and then progressively did more as
we’ve spoken.”
1578 "Yes. The first question is, did you get inside the
MCCANN’S holiday apartment? Did you get inside the bedroom where
the children were sleeping? Can you describe what you saw?”
Reply "Yeah.”
1578 "Did you see the twins? Did you notice anything unusual
about them?”
Reply "No, okay. Can I go through those in each in turn?”
1578 "Yeah course you can yeah.”
Reply "So…”
1578 "Did you get inside the holiday apartment?”
01:09:17 Reply "I’d been in, I’d been in their apartment twice,
I think before, I don’t know on tape at least, but I went, I did
a visual check of the children on the Sunday night, entered
through the patio door so I’d been in through that part of the
door that part of the building. I think until, actually until
the night itself I don’t think I’d actually gone into their
apartment again, if there were lunches and things like that they
were generally done in, in one of the other apartments,
particularly Kate and, Dave and Fi’s because it was so much
bigger. The err, on the night I didn’t get into the apartment
until quite late, I certainly went, when I saw Gerry on the
patio as I described earlier on, I think at point I actually
did, I actually did see Kate as well but at this point I think
we both, we were both kind of just in a heap really. And then I
entered the apartment later on when the P and J arrived, sat at
the desk and just, just like inside from the kitchen, between
the kitchen and the sitting area. In terms of entering the
bedroom, I don’t, I don’t think I ever actually went into the
bedroom on the Sunday night, I’d kind of gone into the door
frame and just looked, looked in like that. The twins I think
when I was sat in the apartment were still in the room asleep I
mean I think a lot’s been said about did they manage to, did
they sleep through something, that they couldn’t, couldn’t have
slept through. I mean my own, my own daughter slept through the
fireworks at Kate and, at Dave and Fi’s wedding so I think
children can sleep through a lot more than, than you think if
they’re deep asleep. I don’t remember particularly sort of
seeing them earlier on in the apartment, in the apartment. I
think my, my first recollection is when they were, they’d been
moved into the five H apartment later on and they were, they
were sleepy but it was the middle of the night and then at some
stage they were awake and I think sitting on, on people’s knees,
on Kate and Gerry’s knees, but I don’t, yes they, they were
asleep for the period of time that I was around. I don’t
remember them crying.”
01:11:31 1578 "Did you notice anything unusual about them?”
Reply "I’m trying to think until late, I don’t think I actually
saw them within the room itself, or certainly if it was, it was
a flee, a fleeting glimpse when we were, when I was in there.
No, I don’t think so, when they were upstairs later on it was a
nice quiet apartment, they were either asleep or I think later
on they’d were having s cuddle from, from various people.”
1578 "What did you do next?”
Reply " I presume this is all sort of covered really I mean…”
1578 "Did you take part in the subsequent searches?”
Reply "Err…”
1578 "Who was you with? Sorry who was with you?”
Reply "Well yes and as I’ve said before, of all, there were
people around searching for the most part there was, they were,
they were on my own, there was a period of searching with Dave
and, Dave and Matt.”
01:12:26 1578 "On realising Madeleine had not been found in the
first ten minutes, how did Kate react?”
Reply "I think I’ve already discussed this, I mean although I
wasn’t there for the whole of that, that early period whenever
you were back from outside she was well I can certainly recall
hearing her on occasions and when I later saw her she was in, in
a in a terrible state, an absolute terrible state.”
1578 "And again, the same question for Gerald.”
Reply "I can honestly say that I would never ever have expected
to see Gerry in that state, so I’d imagine if his, if a relative
had died he’s not, he’s not, he’s not some kind of cold, cold,
big cold heart, but I’d imagine he would, he’s a rational, he
rationalises things, he says she was eighty she was (inaudible)
she smoked or something, he, he would be upset but he would
accept, he would accept it as being a normal part of things,
I’ve never seen anything like it, I would never expect to see
Gerry like he was. He was, he was distraught beyond any, any
kind of measure.”
01:13:39 1578 "What is your opinion about their behaviour,
taking into account Madeleine had gone missing?”
Reply "Yeah, as far as I’m concerned they behaved exactly as you
would expect on the night, unimaginable anguish and grief, and
there’s been a lot made of (inaudible) as I said on Tuesday
there’s a lot made of, did they behave in the right way, they
didn’t cry enough on camera, they were too they didn’t say this,
they didn’t do that, they didn’t do that. I mean my gut feeling
is who the xxxx is someone else to say how they should have done
this, I’m sorry for swearing but, how are you supposed to react
after this. They were absolutely distraught on the night, they
could, they could barely think for the next, the next day, the
next day they were in a terrible state. They started to pick
themselves up with, with some help from from, hopefully support
from friends and family but also some professional help from a
crisis counsellor as well and they, this was a such a horrible
experience, it was horrible enough and it wasn’t my daughter,
that I think they, they only had, as I said earlier on, they
only had two options, they either continued to grieve like they
were in the those first couple of days and die, and I’m not, it
sounds kind of dramatic, but you cannot live, you can’t live
like that.”
1578 "No.”
Reply "I mean that is, that is what, that is what truly makes
people just say, xxxx this for a game of soldiers I’m out of
here, or you, or you change your mind set and try and be
positive and try and do something active and the, the grief they
have received because they have actually tried, they tried to do
something positive and they tried to to take something that was
both beneficial for Madeleine and also to some extent for
themselves, because if they could have sat in the room all day
they wouldn’t, Madeleine I don’t think would be alive if that
was the case, and so I think that their critics are, are
sanctimonious and without, without hitting because I don’t think
anyone really knows how you would react to this and I think they
hats off to them, they, they were, they were trodden into the
ground and they got up and they did something positive. I don’t
think I’d have been able to go through, to do what they’ve done
I don’t, I think I would’ve been destroyed right from the outset
and never have, never have recovered.”
01:16:15 1578 "Okay. What did you do from ten thirty p.m. in the
evening to ten a.m. the following day?”
Reply "Err…”
1578 "Who did you see? Who did you talk with?”
Reply " I just wonder how much I…”
1578 "And again, these are Gerry and Kate’s questions.”
Reply "Of course. I think for the most part I covered everything
in an earlier question and I don’t, do you want me to
summarise?”
1578 "Just summarise please, just…”
Reply "Okay, and any additional things that we didn’t cover at
the end…”
1578 "Yes.”
Reply "Of the last interview. I’ve already mentioned that we
did, from my actions in, I’ll get it in some kind of order, I
did an immediate search we then doubled back, we split up again,
I searched the, round the back of the tennis courts, down that
road, supermarket, shopping centre, met up with Dave at some
point near that, found out that we’d still not, still not been
met. I think probably at that point is when I went back to see
Jane and, and, and found out what she, what she, what she said,
and then me, Dave and Matt went down to the water front, split
up on the beach, met a few, asked a few people as we were going
round what’s going on, swept back up from the beach, back to
the, back to the apartment then spent a fair amount of time on
there both just talking to people we got photographs there,
there was some attempts to, to get, contact with consulate and
so on and so forth. Err at this point, as I said before, I think
this was my first meeting with Robert MURAT when he was, in my
eyes, being very helpful liaising with the Police, translating
with the Police, offering, offering consolation along with other
people, he wasn’t the only person, being a supportive member of
the public. Then, it’s hard to get it all back in, then we at
some stage there I will have gone into the flat, seen Gerry
briefly and I just lingered around inside the flat feeling
fairly useless and at some point I made the decision, I’m going
to go and do another search I can’t be just standing around now,
nothing seems to be happening, went off, searched that sort of
northern part over towards Millennium and the accompanying roads
and flats just below it, came back and I think at this point
the, the PJ had either arrived or shortly after arrived and then
as we discussed made a brief timeline, sat in on the, the early
part of the discussion where Dave was asking the PJ to release
the information, he was saying something get it on the radio,
shouldn’t there be more people here, blah, blah and then I think
when Jane came in I think perhaps we saw the others housekeeper
I’m not sure but then somebody offered to help with translation
then I left, went back to the flat and then the rest of the
night itself was, was largely in and around the flats at some
point Rachael making the call to her friend and then before a
brief attempt at just being with the kids for a, for a little
while when it was cleared it seemed to have extinguished
everyone’s searches and etcetera who, a brief spell together in
the flats upstairs. So that took us through really to the
morning, next morning it is a bit, a bit hazy, a bit more hazy
but there was only the seeing it had come onto the television
phoning my mum there was a lot of discussion obviously with,
with people from Mark Warner who were setting up facilities to
try and help the situation in terms of childcare and I think at
some stage here obviously this is where, I mean it’s definitely
the where I got the number off Robert MURAT, off his, from his
telephone, as he was just outside five A on the road there. The
kids went to, they went to the crèche, they were all together, I
rang work A and T I then made I think at some stage someone had
left the job after Kate had gone to the, to Portimão err but I
say would I try and arrange for the, the priest to come and see
her.”
1578 "Yes.”
01:20:55 Reply "And I think I described that through Ocean Club
reception and a few phone calls I got a message to him and then
and that, that only takes us to ten, that’s probably just after
ten o’ clock I would have thought.”
1578 "Thank you. Nearly finished.”
Reply "That’s alright.”
1578 "When did you leave Portugal?”
Reply "We left Portugal I think on the seventeenth. It was a
Thursday so it was two weeks to the day after, with Matt and
Rachael and Jane and our kids. I think Diane maybe came to the
airport with us although she took a different flight and we flew
back to Gatwick where our cars were and Dianne flew back to
either Bedford or East Midlands, somewhere nearer, nearer for
her.”
1578 "How many times did you meet Kate and Gerry? I think this
is in the interim period between Madeleine going missing…”
01:21:53 Reply "Yeah, and…”
1578 "And you leaving Portugal.”
Reply "I think I remember struggling with this one the other
day, we certainly saw them usually several times a day. As time
went on it actually got a little less because they were involved
in so many other things. We saw them at the Police station the
next day there was, I know there was a lot of coming and going
from the Police station there. I would have said we generally
saw them every day or at least one of them at high tea because
the kids always generally went to this, and usually once or
twice a day outside of that, but occasionally it could have been
less, I think they ended up doing, they ended up doing so much
and they had their family and to some extent the family took
over where we were in the first few days in that we were around
a lot more for them and as more and more family came they, they,
we didn’t see them as much. We went down to the church service
there was a number of visits both planned and unplanned. We
often went with them to the (inaudible) but as I said on Tuesday
by the time it came to when we were due to go, I, I mean I think
we’d, we’d served our purpose in terms of supporting them and
giving our statements to the Police and we were seeing them less
and less and they were functioning, they were much better in
themselves more positive, they had things to do, which has been
their criticism but actually I think anyone who’s in that
situation if you don’t keep yourself busy living then, get busy
dying isn’t it, so.”
01:23:39 1578 "Do you think they were showing a normal behaviour
for parents who had lost a child?”
Reply "In my mind, as I think I’ve explained this, they went
through unimaginable grief that no one, you wouldn’t wish on
your worst enemy. They then, with help improved but, behind
closed doors on many, many occasions down in the church just
broken hearted, so yes. Yes, absolutely yes, and anyone who says
they didn’t can get lost.”
1578 "During the holidays did you happen to see Kate and Gerry
talking with someone unknown?”
Reply "N o, I, I would see, Gerry, Gerry’s one of these people
that can walk up to a stranger and have their life story
extracted from them within ten minutes and then tell you oh yeah
he’s from here and blah, blah, blah he’s a very, very confident
guy, and he was talking to other members of the other visiting
guests who I may not necessarily have known but at least who I
recognised as visiting guests. I didn’t see him talking to
anyone who didn’t seem to be part of the infrastructure or, or,
or visiting the complex, I didn’t think who the hell’s that or
whether he’s been accosted by someone.”
1578 "Yeah.”
Reply "Or so on and so forth.”
01:25:05 1578 "Did you see Kate and Gerry inside a car during
the holidays?
Reply "No not during the holiday obviously the hire car business
is well known, I, I mean, I don’t think there was any of us had
a car or saw, or there was any access to a car until sort of
Gerry’s family all came, Gerry’s family had come over and hired
a car when they came. So there was a car around after that but I
don’t actually particularly remember much about Kate and Gerry
using it, I think on a couple of occasions, if I think closely,
I think they may have driven down to the church just to try and
keep the, the, the crowds and things off them. But certainly in
terms of, the quote “holiday”, that was, they didn’t not have a
car.”
1578 "And finally, is there any supplementary explanation that
you consider pertinent or relevant to establish the material
truth?”
Reply "No, I just, it’s difficult I mean we’ve been very
grateful to, to, to go though all of this again but even
thinking back to our kind of collect, our collective knowledge
of the, of the events, it doesn’t jump, there isn’t something
that jumps out and says these people were there watching us and
we’re convinced, we’re convinced that to have done this someone
needed to be well aware of, of our arrangements in the evening
and over and above that I think someone needed to be well aware
of the access, the ease of access to Kate and Gerry’s flat but
you don’t, I can’t, I can’t point the finger in any direction.
We’ve had our suspicions, we’ve kind of thought could it have
been somebody within the, within the complex, could it be one of
the waiters even just watching us and tipping someone off but,
but these are just the natural thoughts about, about trying to
work it out. There’s no, there’s no information that says that,
that gives us a real direction. The only thing that is
absolutely sort of crystal in Jane’s mind and certainly in mine
as her partner is that what she witnessed is prob, is almost
certainly fundamental to Madeleine’s disappearance and its just
a real, I’m not gonna say a crying shame, but that kind of
sounds almost a bit too pathetic but it just seems such a great
pity that that information appears at least in the popular,
popular press to have been entirely pooh-poohed and dismissed
as, as, as a, as irrelevant, that’s, I’m sure isn’t what the
investigational line over it is in totality but that is the only
one sort of grasp, thing that you can grasp and say that fits in
with it.”
01:28:11 1578 "Just very, very briefly Russ or as long as you
want it to last of course, err what about Madeleine as a, as a
person?”
Reply "Yeah, well I can’t, I can’t confess to knowing Madeleine
well I mean that’s fair enough, we didn’t, we saw her
intermittently, birthdays, barbeques, but she was a, on the
occasions I’ve met her she was happy, bubbly, relatively
headstrong on previous meetings actually she seemed to have
mellowed a little bit when we went on holiday, a girl, a little
girl full of, full of life, full of beans, and E**a and her, we
hadn’t seen much of each other, they were just having a
wonderful time together they’re so similar in age I think that’s
all I can say. She just appeared to be a that time of life is
gorgeous isn’t it they’re, they’re in, they’re, they’re, they’ve
not been sullied by school and lots of other external influences
they’re still just in, they’re speaking, they’re developing
personality and nothing about Madeleine would suggest, which I
presume the implication here is, that she was having an unhappy
life, that she was being neglected or that she was being brought
up in a, in a, in a threatening or a dangerous environment, she
was just a normal, happy four year, three year old girl.”
01:29:46 1578 "Do you think she would have gone readily with a
stranger?”
Reply "No I don’t, I don’t think so, she was, she was, she was
certainly more confident than my E**a, but I think if you look
at the gene pool, me and Jane are slightly more kind of sort of
reticent sort of people and certainly Gerry and to a lesser
extent Kate are certainly more slightly more extrovert so she’s
coming from, she’s coming from an extrovert background but I
don’t think just because you come from an extrovert background
means that you’re, you’re, you’re fanciful and, and necessarily
will sort of dismiss risk even as a kid. My E**a would, would,
wouldn’t say boo to a goose when even a relative comes to the
house and she’ll kind of hold your leg for a little while and I
think Madeleine’s maybe not as shy as E**a but from, from the
brief meetings they had I don’t think she, she came across as a,
as a reckless child who just sort of disappeared was always out
the gate of the house or anything like that she was always in
the house, she didn’t do anything daft. But I think that’s about
all I can say if I’m honest.”
1578 "Are you aware if she was aware of stranger danger for
example?”
Reply "I don’t think I would, I would necessarily know enough
about what Kate and Gerry had said to her to say that but as I
say she didn’t come across as, she came across as buoyant and
err outgoing and confident but not necessa, but not as reckless,
she didn’t sort of put herself in physical danger she wasn’t
kind of a kid on top of the swing who’d just jump off and
(inaudible) and that sort of thing so…”
01:31:23 1578 "Right. That’s all for the moment, if you can just
bare with me a few minutes, I’ll just go and have a quick chat
with colleagues.”
Reply "Yeah.”
1578 "The tapes are still in and running.”
Reply "Yeah.”
1578 "I’ll be back very shortly.”
Reply "Can I just grab another water? Sorry can I just grab
another water, is that alright or shall I stay on?”
1578 "I’ll get you one.”
DC GIERC left the interview room.
01:32:18 DC 4064 HOLLIDAY entered the interview room.
4064 "Hello Russell.”
Reply "Hello.”
4064 "There’s been a change of plans now, I’m going to finish
off, we’re going to go through your statement.”
Reply "Oh right, okay. Is this the…”
4064 "This is the one I’ve amended, what I will say obviously
for reasons because this is going out of the country perhaps
we’re doing things slightly different than we would normally.”
Reply "Yeah, oh yeah, yeah, no it’s alright don’t worry.”
4064 "So the order is not perhaps as you and I would like.”
Reply "No.”
4064 "But it’s the order that the interviews were conducted in
and the order that the tapes in.”
Reply "Yeah, no Andrew explained that, that there was gonna be a
bit...”
4064 "So in transparency that’s the reason that they’ve been
written in the way that they have.”
Reply "Yeah.”
4064 "So if you want to read through and see whether or not
you’re happy.”
Reply "I’ll cross-eyed after this one.”
4064 "You will.”
O’BRIEN began to read through his statement.
01:33:24 Reply "It’s a minor point but it’s the tenth of April
there, it says yesterday the eighth but…”
4064 "Right, okay.”
Reply "But it’s not.”
4064 "Yeah.”
Reply "Must be (inaudible). Jane’s not officially my wife, I
don’t know if that…”
4064 "But she’s common law wife?”
Reply "Common law wife yeah, two kids and a mortgage it’s as
good as.”
O’BRIEN continued to read through his statement.
01:34:54 Reply "And this where it says ‘Made’ should be ‘May’ I
suppose, I suppose maybe an ‘although’ between entitlements and
(inaudible) just to…”
4064 "Where you looking at?”
Reply "Just to cavort actually, just there entitlements,
although it seemed to be quite trivial for me at the time. …”
O’BRIEN continued to read through his statement.
01:36:17 Reply "It’s (inaudible), the Leicester Royal Infirmary,
maybe rather than, it just reads a bit funny to me, ‘at that
time Gerry was my equivalent’ it maybe just says ‘at that time
Gerry was my equivalent at Glenfield.’
4064 "Okay.”
Reply "(Inaudible), I’m his boss.”
4064 "Hmm.”
Reply "The second page apart from that seems fine.”
4064 "Okay.”
Reply "Yeah this is, I know that we’ve been to Madeleine’s house
for (inaudible), it’s actually third and possibly second, so
maybe, well it’s definitely the third because I’m sure we went
the year before I we went to Portugal, but possibly also the
second, so it’s third and possibly second… I don’t think that’s
necessary, I think Maidenhead, it’s near Maidenhead, I don’t
know actually (inaudible)…”
4064 "Yeah, okay.”
01:38:51 Reply " I think it was this, when we arrived at the
apartment near to the reception the apartment reception it’s
supposed, rather than the, Ocean Club, if that makes sense… Oh
no, Matt left early actually so (inaudible) keeps changing he
was just ill, just sort of sat there looking (inaudible).”
4064 "Okay.”
01:40:24 Reply "I suppose it’s just from a point of view of
translation, maybe odd might be better as occasional, we had a
few odd conversations.”
4064 "Okay.”
Reply "That’s actually (inaudible) (inaudible) (inaudible)
sanctimonious. (Inaudible) (inaudible) I suppose one of the
questions that was asked was to say about who did the booking
and I think that was, it doesn’t actually say it was Rachael who
did it but all the other bookings were made by (inaudible).”
4064 "That might be it then, that’s (inaudible) isn’t it.”
Reply "Oh right.”
O’BRIEN continued to read through his statement.
01:43:14 Reply "I don’t know if that makes sense to you, ‘I
recall their front door was accessed from the car park access
was easily gained to the apartment from the poolside.”
4064 "Should be a comma.”
Reply "Oh right, ‘their front door was accessed from the car
park, and comma, access was easily gained to the apartment from
the poolside.’”
4064 "Yes.”
01:45:22 Reply "I think in terms of number there, ‘a’ cocktail I
think was, I don’t think was there, after all what has been said
it was only the one (inaudible)… just because this sounds
specific for the Wednesday night that’s, that was a kind of more
generic thing.”
4064 "Yeah.”
Reply "So I don’t know if it’s maybe, if you say over, over,
during, over the week I checked on some occasions and missed
others but it doesn’t, that’s not specifically for the Wednesday
night… Err I don’t remember ever saying this bit, I don’t even
know if we have any photographs of this, we didn’t have much in
the way of photographs, for some reason our camera never left
the flat very often so I recall Madeleine and E**a, they were
less than a day before.”
4064 "Wasn’t Jane the one responsible for the picture of
Madeleine with the tennis ball?”
Reply "I don’t think so, I think that was from someone else’s
camera.”
4064 "Right.”
Reply "But I may be wrong there.”
4064 "Right.”
Reply "But but I don’t, I honestly don’t think that that was
actually a photo from Jane’s camera.”
4064 "Right.”
Reply "So I don’t know, my own memory from there was Jane anyway
but I recall Madeleine and E**a as I say less than a day before
and the rest of it I don’t think I can, I’m not entirely sure
that’s correct anyway. We had back, we’ve had our pictures from,
yeah we’ve got our, we’ve got the pictures and I don’t recall
ever seeing the one that was that was on…”
4064 "Okay.”
01:48:12 Reply "Again, this, having said this to Andy this is
sort of, well in this day and age it was more of a kind of, that
was what we were actually discussing at the time saying, in this
day and age you can’t feel, you feel, you feel uncomf, people
are made to feel uncomfortable doing what would have been
considered normal things in the past. It wasn’t like, I didn’t
feel uncomfortable at the time at all, it was just normal
conversation, its only in retrospect that it just seems a
terrible coincidence.”
4064 "Yeah, it’s that horrible coincidence.”
Reply "Yeah, I just remember the, I mean that’s not that I found
it most uncomfortable in this day and age, having a discussion
about a photograph of your own child, that’s not, that’s not, I
don’t know whether that’s just…”
4064 "So what do you want it to say?”
Reply "I don’t, well, yes it was actually describing what
happened, it was, we said in this day and age people are made to
feel…”
4064 "So if I said we agreed.”
Reply "Yeah we ag, yeah, the group agreed or you can say they
were all discussing it, those present agreed that…”
4064 "In this day and age…”
01:49:25 Reply "In this day and age err photographing your own
child could make you feel uncomfortable. I suppose, I don’t know
how much of the, that video will be transcribed as well but at
the time we also made the comment that you were more likely to,
to sort of be harmed by someone you know rather than, rather
than some random stranger and it’s ridiculous.”
4064 "Yeah.”
Reply "Mm.”
O’BRIEN continued to read through his statement.
01:51:58 Reply "I think it’s probably a little before, maybe
nine, maybe about, it’d probably be about nine fifty five or
something. I said around ten, so… Are: a,r,e…(inaudible)
(inaudible) on Andrew’s sort of copy, I don’t, I’m not quite
sure, I think that’s actually referring to what I’ve written on,
on the, on the timeline.”
4064 "Yes.”
Reply "So it doesn’t really, I’ve got no knowledge particularly
of err of Matt’s check apart from what he told me later so I
think that’s, that’s sort of err don’t really make any sense to
me there.”
4064 "No.”
Reply "So maybe just delete that.”
O’BRIEN continued to read through his statement.
01:55:01 Reply "Again I’m not quite sure, I don’t think I’ve
ever, I don’t think I was ever aware that it was Jane’s
photograph, it was only, it was only ever err Kate’s camera, if
someone got Kate’s camera she was in no fit state to start
searching through, so Kate’s camera was given to us and we
searched through for most useful photograph that was on it, …”
4064 "So if I just say a picture had been taken…”
Reply "Yeah, I think, a picture, a picture had been taken, we’ll
use that… It says conducted an email there but…”
4064 "Where? Where we looking at?”
Reply "It was, the second last line, Dave was also to make use
of the media and think that he may have conducted an email,
constructed.”
O’BRIEN continued to read through his statement.
01:57:35 DC GIERC re-entered the room.
Reply "There’s a (inaudible) (inaudible) (inaudible).”
1578 "If you get to an appropriate point Kate I shall cease this
interview, take the tapes out, seal them up and put fresh ones
in.”
4064 "But I might need to sign with the amendments.”
1578 "Okay, we’ve got two minutes left.”
4064 "Nearly there.”
O’BRIEN continued to read through his statement.
01:58:35 Reply "That’s Jane is not willing to go back… Yeah
okay.”
4064 "Okay? Alright, it may be at some point in the future we
come and visit you with a more polished version.”
Reply "Okay.”
4064 "But obviously I’m conscious that you need to be getting
away to…”
Reply "Oh no, no don’t, don’t worry, I mean as long as we’ve
got, it’s only (inaudible) (inaudible).”
4064 "Yeah, okay. Right, if you can read the caption here, that
relates to the English law.”
Reply "Okay.”
4064 "Just there.”
Reply "Yeah.”
4064 "Okay? So that’s what you’re signing for there. If you can
initial the amendment, so on the eighth when we’ve conducted the
interview, sign at the bottom. Then at the end of the sentence,
it’s so that we can show that these were made in your presence.
The next one here. And sign just there. And there, sign at the
bottom. Sign there at the bottom. It’s just this one, sign at
the bottom. This one there, and there, and at the bottom. Just
at the end, and the end there. I think we’re good on that page
so just at the bottom.”
02:01:19 Reply "(Inaudible).”
4064 "It’s alright. At the end sign, just so that we can show
that there’s nothing been added on without your knowledge, and
then at the bottom there, that’s it. Thank you. And we will
keep…”
Reply "Yes.”
4064 "The one where we’ve made amendments on.”
Reply "Okay.”
4064 "That’s it.”
1578 "We’ll cease this interview, put some more disks in.”
Reply "Yeah.”
1578 "And we have one final question which is concerning the
re-enactment.”
Reply "Yeah, okay.”
1578 "Okay, so…”
4064 "Thank you very much.”
Reply "Thanks.”
1578 "Thanks Kate.”
4064 "Okay.”
02:02:00 DC HOLLIDAY leaves the interview room.
1578 "The time is four thirteen p.m. this interview is ceasing.”
The interview ceased at 1613 hours when the tape recorder
was switched off.
SIGNATURE (Sgd)
SG/SLS |
|
|
Russell James O’Brien - Record Of
Tape Recorded Interview IV
1578
“Okay. The time is four twenty-three pm
and that is on Thursday the tenth of
April two thousand and eight. We are in
an interview room at Leicestershire
Police Force Headquarters. I am
Detective Constable, one, five, seven,
eight, Andrew GIERC from the
Leicestershire Major Crime Unit. Could
you give me your full name and date of
birth please'”
Reply “Yeah, it’s Russell O’BRIEN,
sorry, Russell James O’BRIEN,
twenty-six, eleven, seventy”.
1578 “Thank you. This is the fourth
interview of today Russell. I have one
final question to put to you. Just to
reiterate, you are here voluntary as a
significant witness”.
Reply “Yeah”.
1578
“To assist the Portuguese Authorities in
their investigation of the disappearance
of Madeleine McCANN on the third of May
two thousand an seven”.
Reply “Uh hu”.
1578 “And the final question is
whether or not you would be available to
travel to Portugal between either the
twenty-eighth and twenty-ninth of April
or the fifteenth and sixteenth of May
two thousand and eight in order to
re-enact the events that occurred
between five thirty pm and eleven pm on
Thursday the third of May two thousand
and seven'”
Reply “Well as we discussed
on the, on the video on Tuesday, you
know, we, as a group, do want to do as
much as possible to help the
investigation. Erm, you know, we have
been crying out for, to, to have this
opportunity for a long, long time. Erm,
the trouble is, that the whole, the
whole concept, even today, seems a
little bit, you know, too little too
late, I think that’s how, how
it’s best described. Erm, you know,
this is not, this is not a, well, at
least, well from the point of view of
Kate and Gerry and the rest of us, this
is not a, a, a child manslaughter case
or a child murder case, this is a child
abduction case. But with everything
that happened last Summer, so much has
been, has sort of been lost, we have
been exposed to, erm, a vast amount of,
erm, bad press, intrusion of our
privacy, erm, huh, over a, over an
incessant, what feels like an almost
incessant period of time, that has been
to, you know, great detriment of our, of
our own personal wellbeing, and that is
clearly most true for Kate and Gerry,
but also, you know, true to a lesser
extent for the rest of us. Erm, we, you
know, we had hoped that obviously
invest, you know, this part, you know,
the fact that we were back here now was
the start, is potentially the start of,
you know, more close lines of
communication between the PJ, Kate and
Gerry and the rest of us and I think
that, you know, we, we completely
welcome that and we think that a lot of,
a lot of the problems that have arisen
have been because there has been no
lines of communication and the Press
have just been able to, you know, play
while the cat’s away really and so we
have, you know, we were very pleased
that this has, this has finally
happened. Erm, I’m also conscious that,
you know, for, for, for Kate and Gerry’s
sake in the future, you know, that, you
know, dialogue between us and the PJ,
you know, as a group and between them
and the PJ has to be re-established.
Erm, but it’s fair to say that we know
from our experiences on the night, I
mean, we were only, only we can know, we
can’t, we can’t prove anything, but we
know that Kate and Gerry did not harm
Madeleine in any way and would have had
no part in her, in her, erm, you know,
in her disappearance and we can also
say, individually, as well, that we,
that we’ve had no part of it as well.
Huh, but, nonetheless, the making of
Kate and Gerry, erm, into aguidos,
although the process had already started
in sort of July and August, put the
icing on the cake of what has felt like
a, a public demolition and a, and a
concerted attempt to destroy Kate and
Gerry and, to a lesser extent, but it
still felt just as acutely, acutely
true, the rest of us and, whether it’s
true or not, it feels that this has
actually come from the Police initially,
now this may have been the old regime
and clearly there’s been, you know,
changes in, in who was leading the
investigation. But our feeling is that
in many, well, and I agree with the rest
of the group, that given the nature of
how we are continually, erm, what’s the
word, huh, promoted is not the right
word, but portrayed in the, in the
Portuguese Press and this includes, you
know, the documents that are brought in
that, even Press yesterday that still
say Jane is lying, that still quote
unattributable sources in the Police,
both here and in Portugal, mean that we
would, we would, in many respects, feel
it would be absolutely mad to fly to
Portugal, not just from the point of
view some relatively minor concerns
that, huh, you know, twelve months on a
re-enactment with the people involved,
you know, is, is unlikely to change
evidentially the Case, but just because
it will open us up to a massive tide of,
of, of unwarranted abuse, both, perhaps
even on the ground, but certainly in the
Press and I think, you know, we, huh,
we, individually, have to look to the,
you know, to our own, you know, our own
sort of family life and our own security
and privacy and this feels like a sure
fire away of, of, of blowing it all to
smithereens, you know. Personally I
don’t feel as anti the re-enactment of
some of, as some of the rest of the
group and that is despite having perhaps
some of the most, you know, some of the
worst Press out of the, out of the lot
of us, you know, I’ve, you know, I’m the
male who was away from the room for the
longest, you know, I didn’t ask for bed
sheets and a whole range of other sort
of associations with Exeter and Robert
MURAT, you know, there’s, you know, I’ve
got a lot more in many respects to, to
be worried about travelling to
Portugal. But, but, erm, I think that,
we, as a group, and Kate and Gerry in
particular, need some signal from, from
the other side of this wall to say look
this is, you know, this is a, this is a,
we look at the investigation. I mean,
we know that, you know, as a group, that
that there is no evidence to convict
Kate and Gerry, there never will be, we
know that there is no evidence to
convict any of the rest of us and there
never will be, I mean, we, we don’t, we
have no fear of that because we know
what we know, erm, but we do have a
great deal of fear for the privacy of
our families, erm, the ability to go to
work without Spanish news crews pissing
around outside, you know, outside your
window and, and a whole range of other
things that have really turned, you
know, turned on a personal level, a
perfect life. I had a perfect
thirty-six years life and I have, you
know, we have all had a shit year and I
don’t, I don’t want it getting any
worse, if anything, in the last couple
of months it’s just slightly starting to
get better. The British Press have
been, you know, dealt a very heavy, you
know, a very heavy blow and, you know,
where it hurts, in their wallet, I mean,
the only place which it will hurt and I
think we are going to have to do the
same to the Portuguese Press as well.
Erm, but what we, huh, in my mind, to
get, to get us out there happily and
safely, we need some assurances and not
more than, and more than what’s happened
so far, you know, that, that this is
looking at the investigation with open
eyes. It’s felt like a, it’s felt like
a one directional investigation, from a
personal point of view, this was to nail
it on Kate and Gerry or nail it one of
us and that’s fine, that’s how it’s
felt. I’m sure that is not the
perception of all the Officers and the
PJ and I’m sure that is, that is not the
full picture, but that’s how it’s felt.
Erm, you know, I’d like to say again
that, you know, when we were out there
the Officers that, that interviewed me,
you know, everyone was perfectly
professional, but the, the collective
targets of the PJ appears to be Kate and
Gerry with no other, with no other
avenue. Huh, in terms of kind of a, you
know, a conciliatory statement, I, I am
very aware that when parties are at odds
with each other, and in this, you know,
I, I’m, it breaks my heart that this is
the situation that we’re in, erm, is
that we are, we are inevitably at odds
with the PJ and the Portuguese Police.
But when parties are at odds and they
reach a, an impasse or a stalemate,
which is where we are, and we know that,
that no, no further action, or should we
say no further legitimate action can be
taken against any of us or Kate and
Gerry in terms of Madeleine’s
disappearance because there is no, we
were are not involved, that Kate and
Gerry need a way out for, you know, just
for, for the pure humanity of it, erm,
they cannot remain under the degree of
pressure and uncertainty and suspicion
that they are now, that is true to all,
for all of us, you know, to a much, much
lesser degree, I, I, I take that. And I
am also conscious that the other side of
this, the PJ have not had it easy
either, you know, they’ve had a very
high profile investigation where the
International Press have given them a
few, you know, bloodied noses along the
way as well, and that’s, and that, and
so there’s two, there’s two very, very
wounded parties. We want to help out.
I think if, and I know, Stuart’s
explained, you know, the legal system
over there is not the same as here and
it’s not a question of okay we can just
lift it, let’s prosecute and all of
this, but there has to be some control
and some robust control of the
Portuguese Press from the PJ to say, you
know, these people are not under any
more suspicion than anyone else as a
witness in an unsolved case is, you
know. You know, in an unsolved case
it’s, you know, the innocent will
suffer, isn’t it, I mean, it’s, it’s
obvious that we’re going to be under a
degree of suspicion, we knew that from
the start. But we cannot fly into, erm,
a hornets nest in Portugal and have our
lives literally turned into further
episodes of some shitty soap opera, you
know, Jane has been portrayed as some
kind of soap opera villain over in the
Portuguese Press and the article I
brought in this morning just illustrates
that, I’m under, you know, a great deal
of suspicion according to, you know, you
know, unattibuted sources within the PJ.
All of these are an enormous burden that
I could never have imagined in, in all
of my, you know, worst dreams that I
could, you know, I’m saying I here, but
clearly it’s the group, and Kate and
Gerry are a lot worse, but that I could
find myself under and, you know, I know
Jane feels exactly the same. But, if,
in some, in some way it could be made so
that, even if this was before aguido
status was removed from Kate and Gerry,
which inevitably in the fullness of time
it will be because it’s just not going
to go anywhere short of a, of a, you
know, of planted evidence, I mean, I am
not suggesting that’s what is going to
happen, but, you know, that’s the only
way that that things will go further,
but if the PJ can somehow, you know,
bring their own National Press to order,
erm, then it will appear that we are not
actually just putting our whole
livelihoods and privacy, you know, at
jeopardy, but at the moment it just
feels like it’s asking someone to walk
to a cliff and say ‘Do you want to take
your chances on the fall’. Erm, it is
not because we don’t want to co-operate,
I mean, we have come here, you know,
I’ve come here for a second day, we
would bust our gut if we thought if
anything it would do that would actually
help Madeleine. And, to be honest, if
there wasn’t this pressure I think we’d
go and do the re-enactment anyway
because we could see no harm from it,
the problem at the moment is we can see,
we can perceive, and I think it is
there, there is genuine harm to our, to
our private lives, to our working lives,
to the, you know, to even to, you know,
our children who are just going to be,
you know, they’re kind of plastered over
papers and they’re on internet sites
and, you know, that, any, our kind of
lives are pulled over by sort of sick
individuals who have got nothing better
to do. And I think we need to have the
kind of mainstream Press treating this
with the respect that it should do, this
is a serious crime, evidence should not
be soap opera, the British Press are
just as bad, well have been just as bad
as the Portuguese Press, but I don’t
think we are going to see the same
degree of, of, of wanton behaviour from
them. But, you know, I know I’m going
round in circles just like I did before,
but we’d be idiots to go, erm, and on
the flip side of that, if we don’t’ go
I’m sure the Portuguese Press and maybe
even the Police would use this as a rod
for our backs as well, you know, ‘Oh
they’re not cooperating’, that is not
the intention, this is actually, this is
actually at the level, you know, the,
the unpleasantness of this last year is
now at the level where we have to look
to just maintaining, you know, some
quality of life for us and our kids.
Erm, I mean, that, from the outside that
probably sounds, oh, you know, soft git,
you know, grow up, you know, and maybe
that’s, and that’s true, but I have no
doubt that going there will, will create
a complete whirlpool of, erm, of
uncertainties, I can’t see it
realistically finding Madeleine or, or
us ascertaining any more detail than
what our statements do as, as they, as
they are now, and just at great, at
great personal cost. And I hope the PJ
don’t take our reluctance to do this, I
hope they see it from a, as a point of
view of another person rather than just
a National Police Force, I hope they
kind of don’t see this as a, as an
opportunity to, to sort of harm Kate and
Gerry any more, because I don’t think,
in living memory, in Britain, two people
have been more unnecessarily damaged
after perhaps one of the most awful
things happening to them. I mean, we
have seen the best of, the best of
nature and the worst of human nature in
the last year, a wonderful amount of
help and support when we were in Praia
Da Luz at first, erm, but we have, we
have witnessed the, the, you know, a
really sick act and we’ve also witnessed
the, the smarmy, the conceited and the
opinionated kind of backlash as well.
And, you know, for our own, our own
families’ sake we have to, you know, we
have to make sure that we are not put
through a grinder. So, at the moment, I
can’t, you know, as I say, if the
situation relaxed even a little in terms
of the kind of likely outcome, I mean, I
don’t think realistically you could
close the area off and keep the Press
away, but if the, if there was some way
of just, that this was treated with the
respect it deserves, the Case was
respected, you know, for the, you know,
as an open case, an unsolved case and an
ongoing one, erm, and I’d be there in a
flash, and I think some of the other
group might not even be there even if,
even if there was something in place.
But, at the moment it, phew, you know,
the timing is poor, we’re sceptical that
it would make a big difference at this
late stage and I think, I think that’s
true, I don’t think there’s any, any, I
think that’s, that would be most peoples
assumption a year on. Erm, I mean, it
just seems that it would be almost
reckless, at the personal level, given
the articles that are written about us.
That doesn’t, that is not, that is not
an absolute no, it’s clearly, erm, the
answer is I think we’d be mad to go now,
it doesn’t mean we wouldn’t go at some
stage. But with some management of the
Press and maybe that needs to come from
us, I mean, maybe, I mean, I’m
seriously, seriously considering, well
we’ve already looked into it in loose
terms, taking the Portuguese Press to
task over what they’ve written, but, you
know, just like the PJ have had
difficulties in International Law with
us here, well that’s no, that’s no mean
feat to achieve it. And, you know, we
are not, we are not, you know, we are
not people who have got, you know,
certainly Jane and I aren’t somebody
with disposable income to start, to try
and fund international libel cases, but
libelled we have been and many, many
times. The only good thing about
leaving the Press to do it is that
they’re making a nice long bit of rope
for their own neck. And there’s no
doubt about it already that, that, you
know, if the same thing applied in
England, the papers, as soon as
threatened, they just gave in, and I
think that would happen in Portugal
because there is no, there is no factual
basis on, you know, a vast majority of
some of the really nasty stuff they’ve
written. And maybe that needs to come
from us, maybe we need to have that in
place, saying ‘You write this kind of
shit about us and we’re going to, we’re
going to hit you where it hurts
financially’. We can’t expect morals
out of the Press, we never could, erm,
but if that attack was coming from us
and the feeling that the, the
Authorities in Portugal were prepared to
back that up, then I would go back, but
not before”.
1578 “Okay”.
Reply “Thanks very much. Sorry to
waffle as usual”.
1578 “That’s fine. I think it just
remains for myself Russell to, on behalf
of the Portuguese Authorities, sincerely
thank you for your efforts and time”.
Reply “Well thank you”.
1578 “And attendance this week”.
Reply “Well thanks to, you know, you
and, and the visiting Portuguese as well
for, you know, for coming over and doing
this, it’s a big undertaking and a lot
of time”.
1578 “Thank you”.
Reply “Okay. Thanks a lot”.
1578 “The time is four forty-two pm
and this interview is ceasing”.
|
|
Here's
Russell's Rogatory questions: |
|
Thanks to whoknowsthetruth
|
As this Letter of Request is
essential to find out and
clarify the truth, we kindly
request
the judicial authorities in the
United Kingdom the following :
I - To interview the following
people, who shall clarify,
chronologically and at once .,
as first question, everything
they did on May 3, 2007, between
5 .30 p.m. and midnight.
In addition,
...................//...............
RUSSEL JAMES O'BRIEN should also
be asked the following
questions:
' At what time did you arrive at
the Tapas Restaurant in the
evening of May 3, 2007'
' Were you alone or with your
wife'
' Who was already sitting at the
table'
' How and how often were you
checking on your children'
' During that dinner on May 3,
2007 were you always at table'
If not, where did you go'
At what time' How long were you
absent and why' How many times
were you
absent'
' After the alarm being given
what did you do' Whom did you
talk with' Did you have
any photo of MADELEINE in your
possession' If yes, who gave it
to you and what
kind of photo was this' Whom did
you give the photo(s)'
' Do you know who informed the
authorities and the media of
Madeleine's
disappearance' Do you know when
those authorities and the media
were informed of Madeleine's
disappearance'
' Did you take part in the
searches' With whom and how were
the searches planned'
' During your stay at the Ocean
Club holiday apartment did you
ever leave your apartment doors
or windows open'
' In the days prior to MADELEINE's disappearance did
you ever check on your
children' How often'
' Who is the user of the phone
no. 447967xxxxxx(a phone number
in common with
Kate Healy)' Who was the called
party regarding the below listed
phone call and what
kind of relationship was there
between you and this person'
Date Hour Calling No. Called No.
Duration
04-05-07 19:43:42 44771xxxxxxx
44796xxxxxxx 96
' Did the user of the phone no .
44775xxxxxxx, who activated
antennas serving the Praia
da Luz area and whom you may
have been introduced to by the
user of the phone no.
44796xxxxxxx, personally or
telephonically contact you' What
kind of relationship is
there between you and that
person'
' Who is the user of the phone
no . 44783xxxxxxx from whom you
received the below
listed SMS text message' What
kind of relationship is there
between you and that
person'
Date Hour Calling No . Called No
. Duration
10:52:32 03-05-07 44783xxxxxxx
44771xxxxxxx SMS
' Who is the user of the phone
no . 44151xxxxxxx to whom you
made the below listed
phone calls' What kind of
relationship is there between
you and that person'
Date Hour Calling No. Called No.
Duration
04-05-07 8:13:19 44771xxxxxxx
44151xxxxxxx 169
04-05=07 13:49:55 44771xxxxxxx
44151xxxxxxx 213
' Who is the user of the phone
no . 44778xxxxxxx to whom you
made the below listed
phone calls' What kind of
relationship is there between
you and that person'
Date Hour Calling No. Called No.
Duration
04-05-07 10:52:04 44771xxxxxxx
44778xxxxxxx 13
' Any further questions deemed
useful, necessary or pertinent
in view of the previous
replies.
' And also (questions drawn up
by the arguidos [formal
suspects]):
' For how long have you known
Gerald McCann and Kate Healy'
What kind of
relationship is there between
you and the McCann couple'
' Have you ever visited Gerald
and Kate at their home address,
their children being also
present' If yes, how many times'
' Had you already spent holidays
with them at any other time' If
yes, could you describe
the way they took care of the
children in the evening / at
night'
' How often would you meet
Gerald and Kate during the
holiday time period between
April 28, 2007, and May 3, 2007'
' How often would you see their
children, Madeleine, Sean and
Amelie'
' Have you ever felt you had a
reason to become somehow
concerned about the
children'
' When was the last time you saw
Madeleine'
' When did you see Kate and
Gerald on Thursday, May 3rd
' What time did you arrive at
Tapas restaurant on,May 3rd' Who
as already there'
' What were Kate and Gerry doing
by the time you arrived'
' Did you speak to Kate and
Gerald'
'What was their behaviour like'
' Who left the table during the
meal' Why'
' Did you see Gerald leaving the
table during the meal' At what
time' How long was he
absent' What did Gerald say when
he came back' Was he behaving or
acting
differently when he returned'
' Did you see Jane leaving the
table during the meal' At what
time' About how long
was she absent' What did Jane
say when she got back' Was she
showing any different
behaviour or attitude when she
returned'
' Did you see Matthew leaving
the table during the meal' At
what time' For how long'
What did Matthew say when he
returned' Was he behaving or
acting differently when
he returned'
' Did you see Russell leaving
the table during the meal' At
what time' For how long'
What did Russell say when he
returned' Was he behaving or
acting differently when
he returned'
' Did you see Kate leaving the
table during the meal' At what
time' About how long
was she absent' What did Kate
say when she got back' How did
she look like' What
was her behaviour like' Were you
shocked by what she said' What
did you do'
' Did you get into the McCann's
apartment' Did you get into the
bedroom where the
children were asleep' Can you
describe what you saw' Did you
see the twins' Did you
notice anything unusual about
them'
' What did you do next' Did you
take part in the subsequent
searches' Who were you
with'
' On realising Madeleine had not
been found in the first ten
minutes, how did Kate
react'
' On realising Madeleine had not
been found in the first ten
minutes, how did Gerry
react'
' What do you think about their
behaviour considering that
Madeleine had gone
missing'
' What did you do between 10.30 p.m in the evening and 10.00
a.m. of the following
day' Who did you see'
' Who did you talk to'
' When did you leave Portugal'
How times did you meet Kate and
Gerry' Do you
think they were showing normal
behaviour for parents who had
lost a child'
' During the time you were on
holidays, did you notice any
situation where Kate and
Gerry were talking to an unknown
person'
' Did you see Kate and Gerry
inside any car during the
holiday period'
' Is there any supplementary
explanation that you consider
pertinent or relevant to
establish the material truth'
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RIGATORY RESPONSE |
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RUSSELL
OBRIEN 04 MAY 07 |
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RUSSELL
OBRIEN 11 MAY 07 |
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TAPAS9 PHOTOS |
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PAGE ORDER |
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