Gerald McCanns witness statement...
891 to 903 Witness statement of Gerry McCann 2007.05.10
TRANSLATION BY ALBYM
Important note: The following text inserted in brackets into Gerry McCanns statement [with no way to tell the time], has now been removed to eliminate any confusion. The bracketed text is the translators note, and not part of the original statement.
Text before removal: Half and hour later, without anything to signal [with no way to tell the time], it being 22h03
Text now reads: Half and hour later without anything to signal, it being 22h03
04-Processo 4 Pages 891 to 903 Gerald McCann 10 May 2007
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He is part of this case in the form of a participant and an offended party, as the father of the minor MADELEINE. Being a British national who does not know the Portuguese language, oral or written, the interpreter Alice Dias Homem de Gouveia Avakoff is therefore present.
----- That he confirms the truth of the statements made previously on 4 May 2007 he being available here to provide any further clarifications.
----- Asked, he clarifies that, with regard to the personal photos already delivered by him to the authorities after the disappearance of his daughter MADELEINE, he has no others in his power [possession]. He adds that it is his wife KATE who usually takes pictures, he does not recall if on this holiday any were taken at night.
------ As he was asked he relates that, in January 2003 he went to Lanzarote in Spain with Fp and DP where they spent a week's holiday not having any children at that time, although KATE was 6 months pregnant with MADELEINE, through IVF. Still in 2003, September, he went to Umbria, Italy, with KATE, MATHEW and RACHEL, and RUSSELL and JANE for a week's holiday where they attended FIONA and DAVID's wedding. The deponent clarifies that the trip to Lanzarote was organised by himself as he had been there the previous year with KATE and they had enjoyed it very much, whereas the trip to Italy was arranged by FIONA and DAVID given that it was for their wedding.
----- Relating to the events in Portugal, as already stated in his previous statements, he arrived at Faro airport on 28 April 2007 at 12h30 having travelled immediately to OCEAN CLUB in an airport mini-bus where he arrived at 14h20/14h30.
----- That he was taken to the OCEAN CLUB reception where, doing the check-in, he furnished his documents, those of KATE and of his three children. He was then given the key to apartment A5, the choice of that apartment having been made at random by OCEAN CLUB management, given that, as he understood it, not even DP had been given a choice although he had dealt directly with the reservations.
----- He adds that the only stipulation by the group was that the apartments had to be close to one another because, contrary to the tour brochure, the resort did not provide a "baby listening" service, that is, a service in which a group of employees would ?listen? to hear if children were asleep in their apartments while the parents were away. He doesn't know exactly how it works in practice, he never having used it, but he knows that other MARK WARNER resorts use this form of checking, some of his group members having had access to it on previous holidays, though he does not know exactly who. He relates that, for this reason DP decided to use the listening devices (personal intercoms) to monitor his children, though he had not used them on other holidays that they had spent together.
----- That, on the first day, given that they arrived at lunch time, they ate [had eaten] only sandwiches both on the plane and in the bus during the journey from the airport to the OCEAN CLUB. After completing the check-in at the main reception, where they were taken by the mini-bus, that lasted until 15h00, they went to the apartment where they unpacked their bags, that taking until 16h45. Pointing out that after check-in they went with their bags to the apartment by resort mini-bus.
----- Subsequently, at 17h00, the whole group, including children, went to the TAPAS situated at the back of the apartments, next to the pool, to attend a welcoming committee arranged by MARK WARNER where they met with instructors in tennis and sailing and other resort employees, which ended at 18h30, glasses of sangria having been served to them.
----- That that was the first time they walked altogether along the route inside and around the resort. They left by the front door, which he locked with the key, he followed the wall around and turned right, going down the side road to the resort up to the secondary reception where the entered without difficulty as they had an access card that they did not ask for but they had been given during the Check-in.
----- After they passed through the secondary reception they went to the TAPAS restaurant, next to one of the swimming pools, the adults being seated in a covered area outside while the children stayed next to the small pool playing on the [playground] apparatus that was there. That during this time all the adults stood and went to watch the children near where they were. The deponent and his wife alternated in that vigil.
----- The reception committee over, the nine adults and eight children went on foot to the MILLENIUM restaurant. They went back to the secondary reception, turned left and, at the end of the road, turned right up to the main street that led to the restaurant. Because it was a long way, at some time the deponent and his wife picked up and carried the twins in their arms, but not MADELEINE who was always on foot.
----- They arrived at the destination between 18h50 and 19h00 having set themselves up at a large table where they all ate dinner, including the children who were seated between the adults, never leaving the place except for one of the twins who went to the bathroom with the deponent. About an hour later they finished dinner returning, again on foot by the same route, though going wrong in one of the streets where they should have turned left, ending up only turning at the next street. He adds that, as they were all very tired they went directly to the apartment arriving at 20h10/20h15, the route back having been slightly faster given that the twins were carried all the way.
----- In the apartment they bathed the children and gave them a glass of milk putting them down at exactly 20h45, remembering that time because it was exactly one hour later than their usual bedtime. After putting down the children the deponent and his wife took a bath then settled down in the lounge to watch television. He points out that at the moment they arrived at the residence DP invited them to go for a glass of wine after putting down the children but they turned down the offer as they were extremely tired. He thinks that nobody left their apartments on the first night. Asked, he said that in England, when not on holiday, he and his wife would go to bed at 22h30/23h00, the twins at 19h00 and MADELEINE at 19H30.
----- The following day (Sunday) the children woke up at 08h00, he and his wife having woken up at 07h30. They dressed and about 08h40 left the apartment going to the MILLENIUM restaurant, once more on foot and by the same route as the previous night, but without the mistake referred to previously, arriving there at 08h45/09h00. The group did not all arrive at the same time, rather in a phased manner, because they were not all seated at the same table.
----- He thinks that MO and wife RMO did not take breakfast due to the former having spent a bad night with vomiting and diarrhoea. At breakfast the children sat at the same table among the adults, it finished at 09h25.
----- The deponent, his wife and three children went to the OCEAN CLUB by the same route where they arrived at 09h40, the deponent having entered the apartment by the main door, which was locked, collecting a bag with clothing and creams for the children [then] going inside the resort area. The twins stayed at the creche next to the TAPAS, which was for children of two years of age, and then he and KATE took MADELEINE to the other creche for older children situated on the 1st floor at the main reception of the resort, arriving there at 09h50. Besides MADELEINE, only E***, daughter of JANE and RUSSELL went to the same creche. The remaining children being very young stayed at the creche next to the TAPAS.
----- Again she went on foot, leaving the secondary reception she turned right, went down the street passing the supermarket, turning left passing the main reception. After putting the children in their creches they went to the supermarket where they bought [things] for lunch and breakfast.
----- At 12H30, the deponent and KATE first went to pick up MADELEINE and then the twins, going to the apartment. On this day, Sunday, they lunched on the veranda of DP's apartment with the whole group, including children, except for MATHEW, who was ill and at that moment was sleeping on the veranda of his apartment, that was below and to the left in relation to where they were eating lunch.
----- They took the children to the play area next to the pool, where the playground apparatus is, at 14H15, having stayed there until about 14H20. After that time they left the twins in the creche at TAPAS, and either he or KATE, he doesn't know who, took MADELEINE to the creche above the main reception following the route previously described. He clarifies that the drop-off and collection times were recorded at each creche along with the contact number and location of the respective parents.
----- At 17h00 the OCEAN CLUB nursery care workers conducted MADELEINE and the other children in creche on the 1st floor of the main reception to [the area] next to the TAPAS, under awnings, where they [the children] had dinner under the supervision of the employees and, at times, with their parents. The dinner ended at 17h30 the time at which the employee supervision ended and the parents took over watching the children in the play area until 18h30. Following this they returned to the apartment, the deponent opened the main door with his key and, then, the rear door through which KATE and the children entered.
----- The hygiene done, the children were put to bed about 19h30, it being that the deponent and KATE left for dinner at the TAPAS at 20h30. Between 19h30 and 20h30 they took a bath and drank wine, Portuguese or New Zealand, and a beer.
----- That they left the house by the main door, that he was sure he locked, it being that the rear door was also closed and locked. They were the first to arrive at the TAPAS where everyone showed up except only for MATHEW, who was still ill. Though his wife RACHEL showed up for dinner. Except for the situation described above, that occurred during lunch, he did not see MATHEW during the whole of Sunday.
----- Dinner ended at 23h00, during which every half-hour the deponent or KATE went, alternately, to the apartment to confirm that all was well with the children. On that day only the deponent and his wife entered the apartment. He is sure that they always entered through the front door, not knowing [how] to show [demonstrate] that they locked it with a key. Usually they entered the apartment, in which one of the lounge lights was lit, going to the children's bedroom door that was partially open [ajar] and limited themselves to peep inside, trying to hear if the children were crying. The outside blinds were closed with only two or three slats open, the window was closed though now he he is not totally sure if it was locked, and the curtains drawn closed. Ten minutes after dinner ended they had made their way to the apartment, going to sleep soon after.
----- In the following days they always took breakfast at home, shopping the day before, generally maintaining the daily routine described above. When the children were at creche they had tennis classes, KATE at 09h15, he an hour later, from Monday to Thursday.
----- From memory, on Tuesday, 1 May 2007, being shown by RUSSELL, he went to pick up MADELEINE at creche using a short-cut that began at the car park opposite the secondary reception and went between the buildings, which he used to fetch and carry his daughter.
----- Pertaining to the routine, on Tuesday there was a slight change given that after lunch, at 13h30, he and KATE decided to take the three children to Paris da Luz, having gone on foot, taking only the twins in baby carriages. They all left by the main door due to the carriages, went around to the right, down the street of the supermarket and went to the beach along a road directly ahead.
----- They were at the beach for about 20 minutes, the deponent and MADELEINE having paddled in the water. During this time the weather changed with a cloudy sky and cold, they went to an esplanade of a cafe next to the beach, on the left, where they bought five ice-creams and two drinks. Asked, he said that at that place there was an individual playing Latin music on a guitar to whom he intended to give some coins, but having none at the time, he didn't. That the individual had a neglected and careless appearance, unshaven and somewhat shabby [raggedy]. He was Caucasian, 175cm tall, thin, 70 to 75kg in weight, dark, short hair, almost shaven-headed with grey sides, and not wearing glasses. Wearing a light brown-coloured 'kispo' [coat?], with a hood at the back, and dark cotton trousers, not noticing the footwear. He said that he never behaved strangely, nor approached or looked at the children in an ostensible [deliberate/menacing] manner. On returning they left the children at their creches, as usual, the parents having gone to play tennis or went jogging.
----- The day MADELEINE disappeared, Thursday, 3 May 2007, they all woke up at the same time between 07H30 and 08H00. While they were taking breakfast MADELEINE addressed the mother and asked her ?why didn't you come last night when S*** and I were crying??. That he thought this comment very strange given that MADELEINE had never had this kind of talk [had never spoken like this] and, the night before, they had maintained the same system of checking on the children, not having detected anything abnormal. When he questioned her about the comment, she left [withdrew herself] without any explanation.
----- On Wednesday night, 2 May 2007, as well as he and his wife, he thinks that DP also went to his apartment to confirm that his children were well, not having reported to him any abnormal situation with the children. On this day he and KATE had already left the rear door closed, but not locked, to allow entrance by their colleagues to check on the children. He clarifies that the main door was always closed but not necessarily locked with the key. He does not know if the window next to the front door, and that gave access to the children's bedroom, was locked, given that he assumed that the outside blinds could not be opened from the outside. Still on this night, KATE slept in the children's bedroom, in the bed next to the window, because he was snoring.
----- He cannot say exactly, but he thinks that on Monday or Tuesday MADELEINE had slept for some time in his bedroom with KATE as she [K] had told him that one or both twins had cried making much noise.
----- Returning to Thursday, after breakfast, about 09h00, KATE and the children left by the rear door, he having left by the front door, which he locked with the key, having also closed and locked the rear door from the inside.
----- They made their way on foot by the usual route to the creche next to the TAPAS where they left the twins, and, while KATE stayed to play tennis he took MADELEINE to her creche, through the short-cut, where they arrived at 09h15, and , since it was obligatory, he signed the child's attendance register. On returning, not by the short-cut, he went to the supermarket where he bought milk, he presumes, making his way to his apartment, entering by the front door, that was locked by key, when it was 09H40/09H45.
----- He remained at home for about 15 minutes, dressing in tennis clothes, left by the front door, that he did not lock, and made his way to the tennis courts by the usual route, they being next to the TAPAS. He played tennis for an hour with the instructor and other students among whom was an individual he had met during the holiday called "JEZ", and with whom he had established a friendship albeit as a simple acquaintance. "JEZ" has two small children whose exact age he does not know. As to his wife, he had seen her next to the pool but had never spoken with her.
----- The tennis class finished at llH15, he stayed in the pool area talking with his wife and other persons, whom he does not remember. At 12H00, he combined with KATE, as he recalls it, that she would make lunch and he would collect MADELEINE. He thinks that it was KATE who took the twins home. Since it was he who went to collect MADELEINE, he is sure he used the short-cut
----- At 12h30 they started lunch, the meal having lasted an hour until 13h30. After that time they made their way to the resort play area, the deponent left by the front door and the rest of the family by the rear door that, once again, he shut and locked from the inside. As to the front door, he does not know exactly if he locked it.
----- That they stayed in the play area for approximately an hour until 14H30/14H35. After that they left the twins next to the creche at the TAPAS, they signed the register and the three (deponent, KATE and MADELEINE) made their way to the creche at the main reception, where they arrived at 14H50 and delivered MADELEINE, not being able to say precisely who signed the register.
----- The deponent and KATE returned to the OCEAN CLUB by the short-cut and at the secondary reception they asked the lady employee if there was a vacant tennis court they could reserve. They were told there was a vacancy between 14H30 to 15H30. As it was already 15h00, they began to play immediately. At 15H30, the tennis instructor arrived, who instructed each of them until 16H30.
----- The stayed in that place, talking, until 16H45 at which time the twins went to the meal area. At 17h00, as usual, MADELEINE arrived accompanied by the teachers and the other children. After her arrival, MADELEINE ate, [the meal] having ended at 17H30.
------ After 17H30 they went to the apartment, the deponent having entered by the main door, which he did not lock while he was inside the residence. KATE and the children entered by the rear door, after this had been opened from the inside by the deponent.
------ That they bathed the children, the deponent having left at 18H00 for a tennis game only for men, at which were: DAN, tennis instructor; JULIAN, with whom he had played tennis several times; and CURTIS, with whom he had also played.
------ During the afternoon of that day the rest of the group members, including the children, were at the beach, [they] having returned at 18H30, the time at which he saw DP next to the tennis court. DAVID went to visit KATE and the children and returned close to 19H00, trying to convince the deponent to continue to play tennis, to which [entreaty] he did not accede as he had already been plying for about an hour and had to go back to to his wife. Nevertheless, RUSSELL, DAVID and MATHEW stayed to play.
----- At 19H00, he made his way to the apartment, finding KATE and the children playing on the sofa. About 10 to 15 minutes later, they took the children to the bedroom and they all sat on MADELEINE'S bed to read a story. At 19H30, the twins were already in their respective cots and MADELEINE in the bed next to the bedroom door. He does not know if they were asleep but from the silence he presumed that they were. As it was still early he took a bath, he thinks that KATE had already had one, they talked a little and drank wine or beer.
----- At 20H35, they left the apartment in the direction of the TAPAS. Before they left and because the children's bedroom door was ajar as always, he opened it a little more, listening from the outside and, as there was complete silence he did not enter, returning the door to its previous position, with a space of about 10cm.
----- He is certain that, before leaving home the children's bedroom was totally dark, with the window closed, but he does not know it was locked, the external blinds closed but with some slats open, and the curtains also drawn closed. Asked, he relates that during the night the artificial light coming in from the outside is very weak, because, without a light being on in the lounge or the kitchen, the visibility inside the bedroom is much reduced. Despite what he said in his previous statements, he states now and with certainty, that he left with KATE by the rear door which he consequently closed but did not lock given that that is only possible from the inside. Referring to the front door, while he is certain that it was closed it is unlikely that it was locked as [because] they had left by the rear door.
----- They took the usual route to the TAPAS, where they arrived a little after 20H35, not having passed on the route anyone known nor detected anything abnormal. Asked, he said that the dinner bookings were made since Monday, it was already the intention of the group to take their meals there. They were the first of the group to arrive seating themselves at the biggest table, as usual, that was situated in the middle between other tables under an awning with a transparent plastic surface at the front. He relates that they were seated at the table in a position that allowed the deponent to see almost the entire rear door of his apartment through which they left and entered and which gave access to the lounge.
----- Before that, among the other people whom he does not recall, there was at one of the small tables the CARPENTER couple, who he also met playing tennis and with whom he spoke until other group members began to arrive. He does not recall the order of arrival but has the idea that MATHEW and RACHEL had been the first to arrive after him. As time passed other group members were arriving until all nine adults [were there]. At 21H00, MATHEW stood up from the table saying that he would go to see the children. But he did not say that he would go to see the children of the deponent, only after the disappearance of MADELEINE he [MO] having told him [GM] that at 21h00 the external blinds of the children's bedroom window were shut. At 21H05 MATHEW returned, the time at which the deponent left the table to go to check how his children were.
----- He followed the normal route up to the rear door, which being open he only had to move [slide] it, that being the way in which he entered [was entering] the lounge, he noted that the children's bedroom door was not ajar as he had left it but half-way open, which he thought strange, having then put together the thought of MADELEINE having got up to go to sleep in his bedroom so as to avoid the noise produced [created] by her siblings. In this way he entered the children's bedroom and established visual contact with each of them, checking and is certain of this, that the three were sleeping deeply. He left the children's bedroom returning to place the door how he had already previously described, [then] going to the bathroom. Everything else was normal, the blinds, curtains and windows closed, very dark, there only being the light that came from the lounge.
----- He adds that he never entered any other part of the residence [his bedroom or the kitchen] where he was for only two or three minutes, leaving yet again through the rear door that he closed but did not lock. He clarifies that he returned without seeing the children of any other family because he had not been asked to by them.
----- After going through the side gate, and while on his way to the secondary reception entrance, less than 10 metres from the gate, he saw JEZ coming up the street on the opposite pavement bring with him a baby carriage with his youngest child. He crossed the road in JEZ's direction who would come up on the right-hand side [when viewed] from the ascending direction, both having chatted for 3 to 4 minutes, about tennis, holidays and children. While he maintained the conversation with JEZ he saw no-one from the group, nor detected any suspicious individual or vehicle. Because he had been specifically asked, he relates that during this period of time he did not see with certainty JANE pass that location, although it is clear that he was speaking when in front of JEZ, his back to the other pathway on which his apartment is situated. He relates also that JEZ never said to him that he had seen any person given that he was in front.
----- Following on, he returned to the TAPAS between 21h10 and 21h15 the dinner having gone as normal. As the movement of people at the table was frequent he does not know if, when he returned, anyone else was absent, namely JANE. At 21h30 he drew KATE'S attention to the fact that it was time for her to go to see the children, MATHEW having immediately volunteered to substitute given that she was talking. Three to four minutes later MATHEW returned saying only "it is all calm", he having entered by the rear door, given that he did not have the key and it was usual for them to enter in that way.
----- After MATHEW arrived and before KATE left, he does not recall if anyone else was absent, although it was very probable that such had happened. He thinks that, on that night none of the adults nor children were ill. Asked, he relates that the daughter of RUSSELL and of FIONA would have been ill on Tuesday.
----- Half and hour later without anything to signal, it being 22h03, he turned to alert KATE that it was time for her to go to see the children. She immediately made her way to the apartment by the usual path, she having entered by the rear door. About 10 minutes later, he started to worry about her lateness and, at the moment he prepared to stand and to go to see the reason for her lateness, KATE appeared running, completely distraught and crying, saying that MADELEINE had disappeared and that she was sure because she had looked throughout the house.
----- The deponent ran to the apartment accompanied by the rest of the group who, at the time, were seated at the table. When he arrived at the bedroom he first noticed that the door was completely open, the window was also open on one side, the external blinds almost fully raised, the curtains drawn back, MADELEINE'S bed was empty but the twins continued sleeping in their cribs. He clarifies that according to what KATE told him, that was the scene that she found when she entered the apartment.
----- Then he closed the external blinds, made his way to the outside and tried to open them, which he managed to do, much to his surprise given that he thought that that was only possible from the inside. They continued with searches outside around the various apartment blocks, the deponent having asked MATHEW who went to the secondary reception [where] the event was communicated to the local police, since he had no doubt that his daughter had been kidnapped [abducted]. He refutes, peremptorily, the notion [idea/hypothesis] that MADELEINE could have left the apartment by her own means.
----- The deponent had had the wrong idea that MATHEW had seen the bedroom external blinds closed when he was there at 21H30, the reason for that was that he thought the disappearance would have been happened between 21h30 and 22h00, it being that, actually, he is [?] convinced that the abduction occurred in the period understood to be between his visit at 21h05 and MATHEW'S visit at 21H30. Only about 01h00 on 4 May 2007 did he learn through RUSSELL that his companion, JANE, at 21h10, could have seen an individual crossing the top of the road with a child in his arms, that may or may not have been his daughter MADELEINE. Asked, he relates that he does not recall to have described exactly the type of pyjamas (colour, designs, etc.) that MADELEINE had worn at the time she disappeared. The photo of his daughter MADELEINE, after having printed several in the reception of the hotel, was delivered to the police (PJ) who were at the location, as well as to other persons who were there.
----- Asked, he stated that besides her own apartment MADELEINE only went to the apartment of DP and FP, since it was common that they frequented each others' apartments.
----- That, between Monday and Wednesday, not knowing the precise date, when they left the residence by the main door, to place the children in the respective creches, MADELEINE left [went] running to the left to the extreme opposite of the residential blocks where they were lodged, playing with the twins. That they had gone down to the furthest point away from those blocks, not knowing exactly how, the three children got into the gardens at the rear [of the blocks]. Then they followed the inside corridor [pathway] at the rear, next to the hedges [fences] up to the street that led to the secondary reception.
----- He denies peremptorily that anyone of the group could be directly or indirectly involved in the disappearance of his daughter. He presumes that, when his wife alerted him about her disappearance, all the group members were seated at the table. He relates that, also during the dinner, none of the members complained about being ill or manifested any strange behaviour, there was a relaxed atmosphere.
----- During the holidays he did not hire or ask to borrow any motor vehicle, nor had he used a taxi or other form of transport. He clarifies still that the only time MADELEINE accompanied them to the beach was described above, though she had gone to the beach in Luz three more times, one of those to go sailing, but always in the company of creche employees. Two of the visits occurred after the date on which she was there with her parents. That, with respect to those episodes, never was anything said to him by MADELEINE that anything strange had happened.
----- Asked, he relates that on Thursday, 3 May 2007, there was nobody outside the group seated at the table, nor does he know any person with the name IRWIN.
----- With respect to the bed where his daughter was on the night she disappeared he says that she slept uncovered, as usual when she was hot, with the bedclothes folded down. With respect to the other bed next to the window in the children's bedroom he says that it showed no signs that anyone had put their feet on it, namely, dirt or shoe prints.
----- Concerning the half-hourly checking of the children, it had been inspired by the MARK WARNER system called "baby listening", as referred to previously. On the night of the events he ate fish at dinner, and sausages and potatoes as a starter, drinking white wine. Usually, between 20h30 and the end of dinner, they would drink more or less a bottle of wine per person.
----- Asked, he says that KATE never told him anything about her having "a bad feeling [presentiment]" with respect to this trip.
----- He has no suspicion, nor has he any enemies, something that applies equally to his wife, KATE. That, in the course of his profession, he had never committed [made] any error, nor was he guilty of anything, except one time during 2000 in which an unknown individual entered the hospital where he worked, making incoherent threats without justification and calling his name.
Nothing more said ... read, ratified and going to sign
