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Manual Pages 300-325
PDF ref: 02-volumeII-apensoI-pages18-43
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TRANSLATION

Witness deposition
(Criminal Procedure Rules, r27.1 (1);
Criminal Justice Act 1967, s.9; Magistrates' Courts Act 1980, s.5B)


Deposition of: JOHN ROBERT LOWE BSc CBiol MlBiol RFP Age: Older than 18

Profession of Witness: Forensic Scientist

Address of Witness:
Forensic Science Service Ltd.,
Birmingham Laboratory, Priory House, Gooch Street North,
Birmingham, B5 6QQ

With respect to:
References FSS: 300 655 190 / 400 947 125
References Client: 07/06085, 201/07.0GALGS
CJS URN:

I declare that:
This deposition (consisting of twenty two pages signed by me) corresponds to the truth, to the best of my knowledge, and I give it knowing that, if it is presented as evidence, I could be subject to [lit: the target of] penal action in the case I had deliberately declared something that I knew to be false or that I thought was not the truth;
I declare also that,
I am expert in the area of forensic sciences and that I was asked to give a deposition. I confirm that I have read the directions [guidance] in the pamphlet Disclosure: Expert's evidence and unused material [Divulgacao: provas periciais e material nao utilizado] that specifies my functions and documents my responsibilities, with respect to the quality of the disclosure of an expert witness. I followed that guidance and understand the ongoing nature of my responsibilities in terms of disclosure. In accordance with my duties of disclosure, as documented in the guidance pamphlet, I:

a. confirm that I complied with my duty to record, to conserve and to divulge material, in accordance with the Law relating to Investigations and the Penal Process, of 1996, as amended;

b. compiled an index of all the material. I assure that such index will be updated in the case additional material is delivered to me or comes forth [emerges];

c. am advised that in the case my opinion changes relative to any determining [decisive/conclusive] question, I am obligated [obliged] to inform the person responsible for the investigation, as soon as possible, presenting him with my reasons.

Signed: [Signature appended]
Data: 18 Junho 2008

FSS-GF-679 Emissao 2, Pagina 1

Qualifications and Experience

I have a degree in Sciences in the areas of Microbiology and Biochemistry. I am a Chartered Biologist [Note: the highest status achievable by a professional biologist], a member of the Institute of Biology, a forensic doctor enrolled in the Order and a forensic scientist in the Birmingham Laboratory of the Forensic Science Service. My area of specialty is the examination of biological evidence including the analysis of spots of body fluid and the interpretation of DNA profile results.

Information

Based on the information furnished by the Leicestershire Constabulary and the Policia Judiciaria, I was informed that, allegedly, on 3 May 2007 Madeleine McCann disappeared from apartment 5A, Ocean Club, na Praia da Luz, Lagos, Portugal.

My examinations, interpretations and conclusions are in line with the statements of information available during the examination. In the case there are alterations relating to that information, I shall have to reconsider the conclusions that I drew in the light of the new circumstances. Additional information will have to be furnished prior to any trial.

Receipt of the objects

Some of the objects that were collected from apartment 5A and from a vehicle, Renault 'Scenic' (matricula 59-DA-27), hired by Gerry e Kate McCann when they were in Portugal. Those objects were delivered to the Forensic Science Service(R) by the Police Science Laboratory.

FSS-GF-679 Emissao 2, Pagina 2

At the same time, reference samples from those Portuguese police officers who had been active in the crime scene were delivered.

The Forensic Science Service(R) received the [above] objects on 7 August 2007, in sealed, secure packages.

On 8 August 2007, the Forensic Science Service(R) received a piece of cloth/cotton wool (object MJN994) from Leicestershire Constabulary. That object was inside a sealed package.

On 12 October 2007, the Forensic Science Service(R) received a blood spot in a cardboard frame (object JRB/1) from Leicestershire Constabulary. That object was inside a sealed package.

Objective

Th objective of the laboratory examination was to examine the presented objects with respect to the presence of blood, cellular material and hair that may prove to be [have been] from Madeleine McCann or one or other member of her family, or from any of the Portuguese police who had been active [working/present] at the crime scene.

Technical questions

Establishment of the DNA profile

In this case two types of DNA analysis were used: the standard technique called SGM+ and a more precise one called Low Copy Number (LCN).

FSS-GF-679 Emissao 2, Pagina 3

Both techniques look at the same regions of DNA, thereby allowing a comparison to be made between DNA profiles obtained through SGM+ with those obtained through LCN.

Establishment of the DNA profile through SGM Plus

DNA is a complex chemical found in almost every cell of the human body. It carries genetic information that determines the physical and chemical characteristics of a person.

DNA analysis uses a technique in which specific regions [areas] are seen and copied (or amplified) many times. A DNA profile obtained from biological material, such as blood, semen, saliva or hair may be compared with a DNA profile obtained from a reference sample of any person. In the case that the DNA profile of the particular person is different from the DNA profile of the biological material, then that person is not the source of that material. If the profiles are equal [match], then that person, together with other persons having the same DNA profile, may be considered as a potential source of the material.

The significance [import] of a match may then be analysed in relation to the probability of obtaining that match by chance.

Establishment of the DNA profile through LCN

i) in this case, the protocols used on samples collected from a crime scene serve, essentially, to increase the precision of the [chemical] reactions in the establishment of the DNA profile and, consequently, to increase the possibility to detect extremely small quantities of DNA in a sample. This is achieved through increasing the number of amplification cycles.

FSS-GF-679 Emissao 2, Pagina 4

ii) These procedures to establish a DNA profile are applied in the laboratory when routine tests that require a minimum quantity of DNA to be extracted have proven to be, or are considered, inappropriate for successful analyses of a specific sample. This may have to [be done with] a small quantity of cellular material available for tests and/or [due to] the condition of the spot [speck], that can affect the quality of DNA and its effective [efficient] amplification.

iii) Increasing the number of amplification cycles has the effect of significantly increasing the sensitivity of the technique, such that, theoretically, only some [a few] cells are necessary for a successful analysis. The profiles generated in this way should [must] be interpreted in relation to the circumstances of the case and, in particular, to the possibility of detection of quantities of vestigial DNA originating from unknown sources.

iv) A observacao de perfis STR mistos (isto e, de mais de um individuo) pode ser prevenida quando estas condicoes se verificam.
TRANSLATOR'S NOTE: This sentence can have several meanings. The literal translation is:
"The observation of mixed STR profiles (that is, from more than one person) may be prevented when those conditions occur."
If, however, the writer is intending to convey a linkage with his previous paragraph, it can be translated as:
"Mixed DNA profiles may be predicted [alternative meaning of 'prevenir': to warn; to forewarn] when those conditions [from the previous paragraph, i.e. the possibility of unknown sources] occur.
We would need to see the actual English report written by Lowe to understand his intended meaning.

[/i]Experimental data is available that permits a scientist to assess some questions relating to the transference and persistance of low-level DNA in objects and if they can be put together in [whether they - the questions/assessments - are relevant to] this case. Hence, consideration must be given to the manner in which the detected DNA was transferred to the object and, consequently, the relevance of the discovery of the corresponding DNA profiles to those individuals concerned.[/i]

TRANSLATOR'S NOTE: The entire paragraph above was fraught with difficulty, mainly because of its relevance and importance when we read several of Lowe's analyses later on in the report. The encountered difficulty raised the question in my mind as to whether the English-to-Portuguese translator, Lieve van Loock, simply converted written words - as I am attempting to do in reverse - or if (s)he actually had access to Lowe in order to question his intended meaning. If the former then (s)he, like me, was faced with the need to decide on an intended meaning before selecting the words to be written in the translation. In other words, I could be attempting to translate a mis-translation of the original English.
Having said that, however, the above difficulty does not detract from the interpretation of what Lowe said in his individual analyses, as we shall see later.

FSS-GF-679 Emissao 2, Pagina 5

v) All the preparations of DNA were done in duplicate, conforming to procedure when protocols pertaining to increased sensitivity are applied. It [this] is required [in order] to attain reproducible results before the strips of DNA observed in the profiles will be considered as a true representation of the DNA present in this [the] sample.

My interpretation(s), conclusions and methods of work took into account all of the above aspects.
[Alternatively: I was mindful of all the above aspects when performing my work, when making my interpretations, and drawing my conclusions.]

In the appendix at the end of this statement additional details are furnished about the procedures used in obtaining the DNA profiles.

Analysis and Results

I performed analyses in this case with the help of scientific support personnel. A list of those people was made in the Record [register] of Forensic Examination, which I present as object [document] JRL/FER/1a. A complete record of work performed, with notes made at the time of the work, exists under the reference 300 655 190. Those notes are available for verification [examination] in the laboratory, if required.

Oral swabs of reference material

CB/1 Gerald McCann
CB/2 Kate McCann (nee Healy)
SBM/2 Amelie McCann
SBM/3 Sean McCann

My colleague, Sarah Vraitch, furnished me with copies of reference DNA profiles of the above individuals. Each of the profiles was different from the others.

FSS-GF-679 Emissao 2, Pagina 6

14 Pedro Vilhena
286/2007CRL22 Fernando Viegas
286/2007CRL23 Lino Henriques
286/2007CRL24 Bruno Antunes

The DNA profiles of these persons were obtained from their respective samples. The profiles were not only different from each other, they were different from those of the McCann family.

Reference sample of blood

JRB/1 Madeleine McCann
From this sample was obtained a DNA reference sample that was different from those of her immediate family, described above. This DNA profile was the same as that obtained from possible spots of saliva existing on the pillowcase (SJM/1).

Objects attributed to the motor vehicle Renault 'Scenic' (matricula 59-DA-27)

286C/2007-CRL1 D Nail ([human] hand)
From this fragment of a nail from the finger of a [human] hand, a DNA result was obtained through the LCN technique which corresponded to Gerald McCann. In the same result an additional DNA component, unique and unconfirmed, was found that left no room for any other interpretation.

FSS-GF-679 Emissao 2, Pagina 7

286C/2007-CRL2E Nail (hand)
From this fragment ... a DNA result was obtained through the LCN technique which corresponded to Kate Healy. In the same DNA result were found two more DNA components, one of which was not confirmed; these DNA components left no room for any other interpretation.

286C/2007-CRL10 Baggage compartment
This object comprised two sections of the baggage compartment of the Renault Scenic, the first being a baggage compartment lined with fabric with ventilation holes (designated in the UK laboratory as CRL/10(1)) and, the second a moulded plastic extension (designated in the laboratory as CRL/10(2)).

A mixed, low-level DNA result, appearing to be from at least three people, was obtained from the cellular material collected (harvested) from the baggage compartment lined with fabric (286C/2007-CRL/10(1)) of the motor vehicle. That sample was submitted to tests to obtain DNA profiles through the LCN technique.

A DNA result through the LCN technique, which appeared to be from at least three persons, was obtained from the cellular material collected (harvested) from the baggage compartment lined with fabric (286C/2007-CRL/10(1)). In my opinion, this result is too complex to make a meaningful interpretation.

FSS-GF-679 Emissao 2, Pagina 8

The attempt to obtain a DNA profile from any cellular material collected from the plastic area on the baggage compartment (286C/2007-CRL /10(2)) was unfruitful [fruitless, in vain, useless, unproductive, unsuccessful], because no DNA profile was obtained.

A mixed, low-level DNA result, that appeared to be from at least two persons, was obtained from a second area of the baggage compartment plastic (286C/2007-CRL /10(2)). This sample was submitted for tests to obtain DNA profiles through LCN.

A DNA result by complex LCN that appeared to be from at least three persons, was obtained from cellular material collected on the section of the baggage compartment 286C 2007 CRL10 (2) area 2. In my opinion, that result is too complex for a meaningful interpretation.

An incomplete, low-level DNA profile that matched corresponding components in the profile of Gerald McCann was obtained from cellular material present on the card key? (286C/2007-CRL (12)). I guess this is the fob of the car-keys

My colleague, Andrew Palmer, submitted various hair collected from the Renault Scenic for tests, using ... LCN.
Those hairs were designated as 7B hair 1 and 7C hairs 7, 13 e 15. Attempts to obtain a DNA profile of each hair by LCN was unfruitful, because no DNA profile was obtained by LCN, possibly due to there being an insufficient quantity of good quality DNA.

FSS-GF-679 Emissao 2, Pagina 9

Objects attributed to the Apartment 5A of the Ocean Club

286/2007-CRL (1) Pieces of floor-tile identified as number 1
A DNA result by LCN, that appeared to be from at least three persons and that was too complex for a meaningful interpretation, was obtained from the cellular material collected from these floor tiles.

286/2007-CRL (2) Pieces of floor-tile identified as number 2
An inconclusive, incomplete DNA result, consisting of only some unconfirmed DNA components, was obtained from the cellular material recovered from the edges of floor-tile 2 from the apartment floor. The attempt to obtain a DNA profile from any cellular material recovered from the larger area of floor-tile 2 was unfruitful, given that it was not possible to obtain any DNA profile. These samples were then subjected to LCN analysis.

An incomplete, low-level DNA result was obtained through LCN from cellular material in an area of floor-tile 2. In my opinion, there is not any positive proof that supports the theory of any of the members of the McCann family to have contributed DNA to this result. A DNA result was obtained through LCN consistent with only one DNA component from a second area of floor-tile 2. In my opinion, this component leaves no room for any other interpretation.

286/2007-CRL (3) Pieces of floor-tile identified as number 3
The attempts to a DNA profile from any cellular material in two areas of this floor-tile were unfruitful, given that no DNA profile was obtained. These samples were submitted for LCN analysis.

FSS-GF-679 Emissao 2, Pagina 10

A DNA result that consisted of only some DNA components was obtained through LCN analysis of cellular material recovered from one area of floor-tile 3. In my opinion, this result left no room for any other interpretation. The attempt made the obtain a DNA profile through LCN from a second area of floor-tile 3 was unfruitful, given that no profile was obtained.

286/2007-CRL (4) Pieces of floor-tile identified as number 4
Low-level DNA results were obtained through LCN from cellular material present in swabs collected from these floor-tiles. In my opinion, this resuly contained information too meagre [scanty/poor] to permit a meaningful comparison.

286/2007-CRL (5) Pieces of floor-tile identified close to number 1
The attempt to obtain a DNA result through the LCN technique from some cellular material present in swabs collected from the marks [spots] 1, 2 and 3 were unfruitful, given that no DNA profile was obtained.

286/2007-CRL (6) Pieces of skirting board identified as number 1
A DNA result that appeared to be from at least three persons and that was too complex to permit a meaningful interpretation was obtained through LCN from these objects.

FSS-GF-679 Emissao 2, Pagina 11

286/2007-CRL (7) Pieces of skirting board identified as number 2
A DNA result that appeared to be from at least three persons and that was too complex to permit a meaningful interpretation was obtained through LCN from cellular material recovered from these objects.

286/2007-CRL (8) Pieces of skirting board identified as numbers 2 and 3
A DNA result that appeared to be from at least three persons and that was too complex to permit a meaningful interpretation was obtained through LCN from cellular material recovered from these objects.

286/2007-CRL (9) Pieces of skirting board identified as number 3
A DNA result that contained information too meagre to permit a meaningful interpretation was obtained through LCN from cellular material present in swabs collected from these objects.

286/2007-CRL (10) Pieces of skirting board identified as number 4
A DNA result that appeared to be from at least three persons and that was too complex to permit a meaningful interpretation was obtained through LCN from cellular material recovered from these objects.

FSS-GF-679 Emissao 2, Pagina 12

286/2007-CRL (11) Pieces of skirting board identified close to number 1
A DNA result that appeared to be from at least three persons and that was too complex to permit a meaningful interpretation was obtained through LCN from cellular material recovered from these objects.

286/2007-CRL (12) Pieces of skirting board identified close to number 4
Low-level DNA results were obtained through LCN from cellular material present in swabs collected from these objects. In my opinion, there exists no proof that supports the theory that any member of the McCann family had contributed DNA to these results.

286/2007-CRL (13) Residual/small fragments in the area of the skirting board.
The attempt to obtain a result through LCN from any cellular material that may have been in these fragments was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286/2007-CRL (14) Dust/small fragments in the area of the floor tiles
This object was not adequate to perform DNA profile tests.

FSS-GF-679 Emissao 2, Pagina 13

286/2007-CRL (15) Cement-glue [grouting] between the floor tiles
The attempt to obtain a result through LCN from any cellular material that may have been in these fragments was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286/2007-CRL (16) Cement-glue [grouting] between the floor tiles identified as number 1
A DNA profile that did not match any [of the five members] of the McCann family was obtained through LCN from cellular material recovered in that area.

286/2007-CRL (17) Cement-glue [grouting] between the floor tiles identified as number 2
A DNA profile that appeared to be from at least two sources was obtained through LCN from cellular material recovered in that area. In my opinion, the major part of the profile matched that of Lino Henriques. Breaking [departing] from the principle, for it to have had a DNA contribution from Lino Henriques then the remaining information in the smaller part of the result is too meagre to permit a meaningful interpretation.

286/2007-CRL (18) Cement-glue [grouting] between the floor tiles identified as number 3
The attempt to obtain a result through LCN from any cellular material that may have been in these fragments was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

FSS-GF-679 Emissao 2, Pagina 14

286/2007-CRL (19) Cement-glue [grouting] between the floor tiles identified as number 4
The attempt to obtain a result through LCN from any cellular material that may have been in these fragments was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286/2007-CRL (20) Fragments of floor tile and grouting
The attempt to obtain a result through LCN from any cellular material that may have been in these fragments was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286/2007-CRL (21) Fragments of bush/shrubbery
Insofar as it relates to this sample, the examination performed was aimed at the detection of the possible presence of blood, no trace thereof having been found. Particles from the superficial surface layer were recovered and preserved in a way similar to that of hairs and fibres. In my opinion, the capillary roots were not good quality as they were not adequate to perform DNA profile tests.

286/2007-CRL (22, 23 e 24) Oral swabs for elimination
A new deposition to report the examination of these objects will be presented at a future time along with the DNA profiles obtained to date from all the DNA results relating to this case.

[QUESTION for the forum: Has anyone heard of such a new deposition or overall report - in detail or in summary?]

FSS-GF-679 Emissao 2, Pagina 15

286A/2007-CRL 1A & B Swabs collected from the floor of the apartment
An incomplete DNA result, apparently originating from a male individual but not matching any other profile obtained in this case, was obtained through LCN from the cellular material present in the combined swabs.

286A/2007-CRL 2A & B Swabs collected from the floor of the apartment
A mixed DNA result, apparently originating from at least two people, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result.

286A/2007-CRL 3A& B Swabs collected from the floor of the apartment
An incomplete and weak DNA result comprising only some unconfirmed DNA components was obtained from the cellular material present in the dry swab (3A). The attempt to obtain a result from any cellular material that may have been in the same area and present in the wet swab (3B) was unfruitful, given that no profile was obtained. These samples were submitted for LCN tests.

An incomplete DNA result was obtained through LCN from cellular material present in the swab (286A/2007 CRL 3A). The low-level DNA result showed very meagre information indicating more than one person. Departing from the principle that all confirmed DNA components within the scope of this result originated from a single source, then these pointed to corresponding components in the profile of Madeleine McCann; however, if the DNA within the scope of this result originated from more than one person then the result could be explained as being DNA originating from [a mixture of DNA from both] Kate Healy and Gerald McCann, for example. DNA profiles established through LCN are extremely sensitive; it is not possible to attribute this DNA profile to a particular body fluid. nor to determine how or when that DNA was transferred to that area.

FSS-GF-679 Emissao 2, Pagina 16

A low-level DNA result was obtained through LCN from the cellular material present in the swab (286A/2007 CRL 3B). In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result.

286A/2007-CRL 4A & B Swabs collected from the wall of the apartment
An incomplete DNA result, apparently originating from a female individual, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result.

286A/2007-CRL 5A & B Swabs collected from the wall of the apartment
A mixed DNA result, apparently originating from at least two persons, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result. In my opinion, Fernando Viegas could have contributed DNA to this result.

FSS-GF-679 Emissao 2, Pagina 17

286A/2007-CRL 6A & B Swabs collected from the wall of the apartment
The DNA results obtained through LCN from cellular material present in these combined swabs contained information too meagre to permit a meaningful comparison.

286A/2007-CRL 7A & B Swabs collected from the wall of the apartment
A mixed DNA result, apparently originating from at least two persons, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result.

286A/2007-CRL 8A & B Swabs collected from the wall of the apartment
The DNA results obtained through LCN from cellular material present in these combined swabs contained information too meagre to permit a meaningful comparison.

286A/2007-CRL 9A & B Swabs collected from the wall of the apartment
An incomplete DNA result, apparently originating from a male individual, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result. Also, this result did not match in any way the profile obtained from swabs 286A/2007 CRL 1A & B.

FSS-GF-679 Emissao 2, Pagina 18

286A/2007-CRL 10A & B Swabs collected from the wall of the apartment
A mixed DNA result, apparently originating from at least two persons, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there are no indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to this result.

286A/2007-CRL 11A & B Swabs collected from the wall of the apartment
The attempt to obtain a DNA result through LCN from all and any cellular material recovered from these combined swabs was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286A/2007-CRL 12A & B Swabs collected from the wall of the apartment
A mixed DNA result, apparently originating from at least two persons, was obtained through LCN from the cellular material present in the combined swabs. In my opinion, there is no evidence that supports the theory that any member of the McCann family had contributed DNA to this result.

FSS-GF-679 Emissao 2, Pagina 19

286A/2007-CRL 13A & B Swabs collected from the wall of the apartment
The attempt to obtain a DNA result through LCN from all and any cellular material recovered from these combined swabs was unfruitful, given that no profile was obtained, possibly due to the absence of sufficient good quality DNA.

286A/2007-CRL 14A & B Swabs collected from the rear of the sofa
Weak and incomplete DNA results consisting only of some unconfirmed DNA components were obtained from the cellular material present in these wet and dry swabs. In my opinion the results are not adequate for comparison purposes. These samples were submitted for LCN analysis.

A mixed, low-level DNA result was obtained through LCN from the cellular material present in each of the swabs. In my opinion, there are no conclusive indications that justify [confirm/prove] the theory that any member of the McCann family had contributed DNA to these results.

FSS-GF-679 Emissao 2, Pagina 20

286A/2007-CRL 15A & B Swabs collected from the rear of the sofa
A weak and incomplete DNA result showing indications as having come from more than one person was obtained from the cellular material present in dry swab (15A) effected on the rear of the sofa. In my opinion the result is not adequate for comparison purposes. These samples were submitted for LCN analysis.

A DNA result, apparently originating from at least three persons of whom at least two were male and contributed the majority of the DNA, was obtained from the cellular material present in the wet swab (15B) effected on the rear of the sofa. In my opinion, there are no conclusive indications that justify the theory that any member of the McCann family had contributed DNA to this result.

An incomplete, low-level DNA result, comprising only some DNA components, was obtained through LCN from the cellular material present in the dry swab (15A). In my opinion, there are no conclusive indications that justify the theory that any member of the McCann family had contributed DNA to this result.

The wet swab (15B) was not submitted for further LCN anaysis.

FSS-GF-679 Emissao 2, Pagina 21

286A/2007-CRL 16 & 16B Two blue curtains and one white curtain
286B/2007-CRL 1 One white section of a curtain

These curtains were analysed for traces of blood, semen and saliva, none of which were detected. The hem of one of the blue curtains (16) was swabbed to collect any cellular material that might exist. An incomplete, inconclusive DNA result consisting only of two unconfirmed DNA components was obtained. In my opinion the result is not adequate for comparison purposes. The sample was submitted for LCN analysis.

An incomplete, low-level DNA result, comprising only some DNA components, was obtained through LCN from the cellular material recovered from the hem of one the curtains. In my opinion, this result contained information too meagre to permit a meaningful interpretation.

Object attributed to Leicestershire Police

HQ MJN/994 Cloth / piece of cotton wool
The object consisted a plastic bag containing a piece of cloth around cotton wool which showed orange and brown spots. No blood was detected.

FSS-GF-679 Emissao 2, Pagina 22

Object sent to Mr & Mrs McCann, Rothley, Leicester
EMJ/53 Envelope

The envelope flap was swabbed to recover any cellular material that might exist. An incomplete, low-level DNA result was obtained through LCN which, in my opinion, was too complex to permit meaningful interpretation.

The attempt to obtain a DNA result through LCN from all and any cellular material that might have existed on the gum of the envelope was unfruitful, given that no DNA profile was obtained.

Conclusion

In my opinion, the laboratory results that were attained did not help to clarify whether or not the DNA results obtained within the scope of this case were from Madeleine McCann.

FSS-GF-679 Emissao 2, Pagina 23
============================
A summary of the results in the report:

Code:
Summary
Total samples/tests in report 64
Sample incomplete 16 times
DNA attempt "unfruitful" 15 times
No support for "theory" 13 times
Sample mixed 10 times
Sample too complex 9 times
Sample low-level 9 times
Sample too meagre 7 times
Named matches 6 times 3xfamily; 2xpolice; 1xMBM
Not tested 3 times WHY not?
Inadequate for testing 2 times
Unmatched profile 1 time Why not followed up?
---------------------------------------
At least 2 people 10 times
At least 3 people 11 times


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ETA(1): pages 8 and 9; (2) pages 10-13; (3) pages 14-23; (4) added the results summary

Subsequent action
-----------------------------------
Manual page 334-336
PDF ref: 02 - volume II - apenso I - pages 52-54
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TRADUCAO

Relatorio de Exames referentes a um Estudo de Caso

O presente e um relatorio sobre os resultados obtidos no ambito do desaparecimento de
Madeleine McCann, compilados por
JOHN ROBERT LOWE BSc Cbiol MlBiol RFP.

Forensic Science Service Ltd.,
Birmingham Laboratory, Priory House,
Gooch Street North, Birmingham, B5 6QQ

O relatorio e composto por duas paginas e diz respeito a trabalho efectuado no
ambito do processo com a seguinte referencia:
Referencias FSS: 300 655 1 90 / 401 020 769
Referencia Cliente: OP TASK

Data: 6 de Maio de 2008

A informacao constante do presente relatorio diz respeito a exames referentes a um estudo de
caso, realizados no ambito do processo acima discriminado. Os respectivos resultados
obtidos foram registados e conservados em conformidade com as orientacoes constantes de
um folheto denominado Disclosure: Expert's evidence and unused material. A informacao
constante deste relatorio nao se destina a servir de material probatorio. Caso se venha a
solicitar a apresentacao, contra a defesa, do presente relatorio ou de qualquer informacao
contida no mesmo, entende-se que poderei ter necessidade de prestar um depoimento ao
abrigo do disposto no artigo 9º ou 10º do Criminal Justice Act 1967.

Exm. Senhor Detective Superintendent Prior,

A presente informacao destina-se exclusivamente a finalidades confidenciais e constitui uma
resposta ao pedido suplementar formulado na mais recente Carta Rogatorio das Autoridades
portuguesas.

FSS-GF-680 Emissao 2, Pagina 1

No dia 9 de Abril de 2008, os perfis de ADN obtidos a partir dos elementos probatorios
286A/2007/CRL1A&B, 4A&B, 9A&B e 16A&B foram submetidos a uma pesquisa avancada
na National DNA Database(R).

Foram obtidas diversas correspondencias com o resultado de 286A/2007/CRL4A&B; a
maioria destas foi eliminada com base em informacao adicional obtida no ambito do resultado;
porem, duas mantem-se (com os respectivos codigos de barras 90264515 & 90374723).
Estes perfis foram obtidos atraves do antigo sistema de SGM, que examina apenas seis areas
de ADN. Por esse motivo, as amostras deveriam receber um upgrade para o novo sistema
standard SGMplus. E provavel que estas amostras sejam eliminadas como possiveis
contribuintes apos o upgrade.

Foram obtidas diversas correspondencias com o resultado de 286A/2007/CRL9A&B; a
maioria destas foi eliminada com base em informacao adicional obtida no ambito do resultado;
porem, uma mantem-se (com o respectivo codigo de barras 80004801). Trata-se de uma
correspondencia com uma amostra de uma mancha recuperada no contexto de um crime, e nao
pode, neste momento, ser associada a um determinado individuo. No entanto, tendo esta
amostra sido processada com base no antigo sistema de SGM, considero negligenciavel o
significado da correspondencia.

Todas as correspondencias obtidas para as outras amostras foram eliminadas.

Se desejar mais apoio nesta materia, nao hesite em contactar-me.

De V. Exma Atenciosamente,

[Assinatura aposta] John Lowe

Traducao efectuada por Lieve Van Loock:
================================================================
TRANSLATION

Report of Examinations referred to in a Case Study

This is a report about the results obtained within the scope of the disappearance of Madeleine McCann as compiled by
JOHN ROBERT LOWE BSc Cbiol MlBiol RFP.

Forensic Science Service Ltd.,
Birmingham Laboratory, Priory House,
Gooch Street North, Birmingham, B5 6QQ

The report comprises two pages and talks about work performed within the scope of of the case file with the following reference:
Referencias FSS: 300 655 1 90 / 401 020 769
Referencia Cliente: OP TASK

Date: 6 Maio 2008

The true information in this report talks about examinations referring to a case study done within the scope of the case file noted above. The respective results obtained were recorded and conserved in conformance with the guidance in the pamphlet called Disclosure: Expert's evidence and unused material. The true information in this report is not intended to serve as probatory material. Should this report or any of the information contained herein be called for presenation against a defense it is understood that it would be necessary to give a covering deposition under terms of sections 9 and 10 of the Criminal Justice Act 1967.

Dear Detective Superintendent Prior,

This information is exclusive, confidential and constitutes a response to the supplementary request contained in the recent Rogatory Letter from the Portuguese authorities.

FSS-GF-680 Emissao 2, Pagina 1

On 9 April 2008, the DNA profiles obtained from the probatory components [objects] 286A/2007/CRL1A&B, 4A&B, 9A&B e 16A&B were submitted with a request to the National DNA Database(R).

Various matches were obtained with the results of 286A/2007/CRL4A&B; the majority of them were eliminated based on additional information obtained from the result; however, two remain (namely, bar codes 90264515 & 90374723). Those profiles were obtained using the old SGM system which examined only six areas of DNA. For this reason the samples should be upgraded [re-tested] using the new standard system SGMplus. It is likely that those samples would be eliminated after the upgrade.

Various matches were obtained with the results of 286A/2007/CRL9A&B; the majority of them were eliminated based on additional information obtained from the result; however, one remains (namely, bar code 80004801). It has matched with a sample of a spot recovered from a crime and cannot, at this time, be associated with a specific individual. Nevertheless, as that sample was processed with the old SGM system I consider the match to be of negligible significance.

All matches obtained from other samples were eliminated.

If you wish for more support with this material, don't hestitate to contact me.

Yours faithfully

[Signature] John Lowe

Translation performed by Lieve Van Loock:
================================================================

Outros Apensos pdf01 pages95-96 (94-95)
=====================================================================================================

The Forensic Science Service®
Wetherby Laboratory, Sandbeck Way, Audby Lane, Wetherby, West Yorkshire, LS22 7DN

FORENSIC REPORT

Officer in case: Det Supt Prior
Client: Leicestershire Police, New Parks
Police reference: 07/06085 Qperation TASK
Laboratory reference:
Order reference: 300 555190
Scientist:400 913 609
Scientist: LESLEY DENTON
Number of pages: 2


Re: Abduction of Madeleine McCann on 3rd May 2007

A DNA profile has been obtained from the reference samples of Kate HEALY
(51162896) and Gerald McCANN (51162897).

A DNA profile has also been obtained from a pillowcase (SJM/1).

DNA profiling reveals a series of bands, half of which a child inherits from their
natural mother (maternal) and half of which ït ïnherits from their natural father
(paternal)

In this case, all of the bands present in the profïle of abtained from the pillowcase are
represented in the combined profiles of Kate HEALY and Gerald McCANN. This is
what I would expect to find if the profile obtained from the pillowcase originated from
a natural child of theirs.

The results of the DNA profife obtaïned from the pïllowcase is approximately 29
million times more likely if the profïle originates form a natural child of theirs rather
than someone unrelated to them.

In my opinion, the results detailed above provide extremely strong support for the
view that the profile obtained from the pillowcase originated from a natural child of
Kate HEALY and GERALD McCANN.

Please note: I understand that the McCANN's have a second female child. It
therefore remains a formal possibility that the DNA on the pillowcase could
have originated fromher as the genetics would be in keeping with those
described above.

If I can be of further assitance or you require a CJA statement please do not
hesitate to contact me at the laboratory on 01937 548287.

Yours sincerely



Lesley Anne Denton
FORENSIC SCIENTIS
Date: 28 June 2007

=====================================================================================================
Outros Apensos pdf01 page97 (96)

and

Processos Vol IX
Page 2289
=====================================================================================================



FSS - The Forensic Science Service


Destruction of Samples
(Related Document: FSS-GP-050)


Code:
Client reference: URN 07106085 Laboratory reference: 300 655 190
Investigating Officer: Det Supt Prior Order reference: 400 913 609




A - Perishable Samples

Certain samples constitute a potential health risk. With the concurrence of the Home Office, it has been decided that such samples will not be submitted to the Courts unless specifically requested by the Defence (This is an extension of the procedures for the disposal of blood samples previously agreed by the Lord Chief Justice, the Director of Public Prosecutions and the former Chief Metropolitan Magistrate.)

The Laboratory has examined one or more of the samples listed below. They will not be returned to you but will be destroyed in due course unless we are requested by the Defence to preserve them. You should notify the Defence Solicitors in accordance with Home Office Circulars 40/73 and 74/82, which allow a period of 21 days in which notice in writing must be given, by the defendant or his legal representative, to the laboratory to prevent the samples being destroyed.

- Blood samples
- Saliva samples
- Swabs from body orifices
- Other swabs bearing potentially hazardous material
- Vomit, faeces, urine, etc

The above list includes perishable personal samples, the destruction of which is required by Section 64 of the Police and Criminal Evidence Act, (1984).


B - Non-Perishable Personal Samples

The destruction of other, non-perishable, personal samples is required by Section 64 of the Police and Criminal Evidence Act, (1984). These include:

- Control head hair samples
- Control pubic hair samples
- Finger nail samples
- Casts, e.g. of teeth or feet

Except as below these non-perishable, personal samples are returned to you as parts of exhibits for production at court etc. The laboratory is not responsible for their destruction.

The part of these samples, which were removed for examination, will be retained by the laboratory for the period of time as specified in the 'Memorandum of Understanding for Retained Materials' (3, 7 or 30 years) from the date of this notice to allow access to other legitimate parties. After this period, in the absence of written instruction to the contrary, the retained samples will be destroyed and a record made of their destruction.


Signed:

Date: 21 August 2007

FSS-GF-247, Page 1 of 1, Issue 4

The first item is the Lowe "memorandum" dated 3 September 2007, while the second appears to be the 'first' FSS report which is dated 6 September 2007.
It is appropriate for these to be added together in this thread.

The report below is dated three days after the 'memorandum' which, in its first line, implies previous results as opposed to a previous report. The initial results may have been communicated as an attachment to an e-mail as, presumably, the 'last three' were on 3 September. So, there may well have been only two reports from FSS - the one below and the 'final' one posted at the beginning of this thread.

While the detailed content may be similar in the two reports, the report structure of, the sheer length of, and the corrections to spelling and sample references in the second report (above) make it clearly a different report from the one below.

I have tried to correct all OCR errors in the words, but if you spot any them please point them out in the discussion thread.

SOURCE: Processo 10 - VOLUME Xa; PDF page 123-124; Case file pages 2617-2618.

Quote:
Task Portugal

From: "Prior Stuart" <Stuart.Prior@leicestershire.pnn.police.uk>
To: "Task Portugal" <Task.Portugal@leicestershire.pnn.police.uk>
Sent: 04 September 2007 10:14
Subject: FW: Op Task - in Confidence

>From: Lowe, Mr J R [mailto:John.Lowe@fss.pnn.police.uk
>Sent: 03 September 2007 15:01
>To: stuart.prior@leicestershire.pnn.police.uk
>Subject: Op Task - In Confidence

Stuart

Firstly, here are the last three results you are expecting

An incomplete DNA result was obtained from cellular material on the swab 3a. The swab contained very little information and showed low level indications of DNA from more than one person. However, all of the confirmed DNA components within this result match the corresponding components in the DNA profile of Madeline McCann. LCN DNA profiling is highly sensitive it is not possible to attribute this DNA profile to a particular body fluid.

There is no evidence to support the view that Madeline MCCann contributed DNA to the swab 3B.

A complex LCN DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the luggage compartment section 286C 2007 CRL10 (2) area 2. Within the DNA profile of Madeline McCann there are 20 DNA components represented by 19 peaks on a chart. At one of the areas of DNA we routinely examine Madeleine has inherited the same DNA component from both parents; this appears therefore as 1 peak rather than 2, hence 19 rather than 20. Of these 19 components 15 are present within the result from this item; there are 37 components in total. There are 37 components because there are at least 3 contributors; but there could be up to five contributors. In my opinion therefore this result is too complex for meaningful interpretation/inclusion.

Why?...

Well lets look at the question that is being asked

"Is there DNA from Madeline on the swab?"

It would be very simple to say "yes" simply because of the number of components within the result that are also in her reference sample.

What we need to consider, as scientists, is whether the match is genuine and legitimate; because Madeline has deposited DNA as a result of being in the car or whether Madeline merely appears to match the result by chance. The individual components in Madeline's profile are not unique to her, it is the specific combination of 19 components that makes her profile unique above all others. Elements of Madeline's profile are also present within the the profiles of many of the scientists here in Bimiingham, myself included. lt's important to stress that 50% of Madeline's profile will be shared with each parent. It is not possible in a mixture of more than two people, to determine or evaluate which specific DNA components pair with each other. Namely, we cannot separate the components out into 3 individual DNA profiles.

Therefore, we cannot answer the question: is the match genuine or is it a chance match.

The same applies to any result that is quoted as being too complex for meaningful inclusion/interpretation

What questions will we never be able to answer with LCN DNA profiling?

When was the DNA deposited?
How was the DNA deposited?
What body fluid(s) does the DIVA originate from?
Was a crime committed?

These, along with all other results, will be formalised in a final report

Please don't hesitate to contact me if you require any further assistance

kind regards
John

John Lowe Forensic Scientist
Major Incidents Team
Priory House
Inter Facility: 703 6973
Extemal: 0121 607 6973
Fax: 0121 6221807

P
Please consider the environment before printing this e-mail

Forensic Science Service Ltd
Registered office and headquarters: Trident Court 2920 Solihull
Parkway, Birmingham Business Park, Birmingham B37 7YN United Kingdom.
Registered in England and Wales: number 5607780

The Forensic Science Service(r) is a trading name of Forensic Science


SOURCE: Processo 10 - VOLUME Xa; PDF page 160-165; Case file pages 2653-2658.

Quote:
FORENSIC REPORT

Officer in case: D/Supt PRIOR
Customer: New Parks Police Station,
Leicestershire Constabulary
Police reference: Operation Task
Laboratory reference: 300 655 190
Order reference: 400 932 184
Scientist: JOHN ROBERT LOWE
Number of pages: 6

Re: the abduction of Madeleine McCann

This report summarises the results of DNA profiling tests conducted on a number of samples submitted to the Birmingham laboratory of the Forensic Science Service(R) from the Leicestershire Constabulary on behalf of the Policia Judiciaria and Laboratorio De Policia Cientifica on 7th August 2007 This report is marked for the attention of Detective Superintendent Prior; however I understand and accept that the contents of this report will be shared with the necessary authorities in Portugal.

I have received from my colleague, Sarah Vraitch, copies of the reference DNA profiles of Gerald McCann (CB/1), Kate Healy (CB/2), Amelie McCann (SBM/2) and Sean McCann (SBM/3). I have also received a copy of the DNA profile obtained from the possible saliva staining on the pillow case (SJM/1) which is assumed to be the DNA profile of Madeleine McCann.

A weak incomplete DNA result which consisted of only a few unconfirmed DNA components was obtained from cellular material on the swab (3A) from the apartment floor. An attempt to obtain a DNA profile from any cellular material on the wet swab (3B) from the same area was unsuccessful in that no profile was obtained.

Weak and incomplete DNA results which consisted of only a few unconfirmed DNA components were obtained from cellular material on the wet and dry swabs (14A & B} from the back of the sofa.

A weak and incomplete DNA result which showed indications of having originated from more than one person was obtained from cellular material on the dry swab (15A) from the back of the sofa.

A DNA result which appeared to have originated from at least three people and which appeared to have originated from at least two males who had contributed the majority of the DNA was obtained from cellular material obtained from the wet swab of the sofa (15B). in my opinion there is no evidence to support the view that Gerald McCann or Madeline McCann contributed DNA to this result. The DNA from this swab has not been subjected to LCN DNA profiling tests.

A weak incomplete DNA result which consisted of only a few unconfirmed DNA components was obtained from cellular material recovered from the edges of tile 2 286/2007-CRL(2) from the apartment floor. An attempt to obtain a DNA profile from any cellular material recovered from a further area on tile 2 and two areas on tile 3 (286/2007-CRL(3) were unsuccessful in that no profiles were obtained.

A weak incomplete DNA result which consisted of only two unconfirmed DNA components was obtained from cellular material recovered from the hem of one of the blue curtains 286A/2007-CRL(16(2)) from the apartment.

An attempt to obtain a DNA profile from any cellular material recovered from one area of the plastic luggage component (286C/2007-CRL(10(2))) from the motor vehicle was unsuccessful in that no DNA profiles were obtained.

A low level mixed DNA result which appeared to have originated from at least two people was obtained from a second area of the plastic luggage component (286C/2007-CRL(10(2))) from the motor vehicle. In my opinion this result is too complex to interpret at this stage.

A low level mixed DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the fibre coated luggage component (286C/2007-CRL(10(1))) from the motor vehicle. In my opinion this result is too complex to interpret at this stage.

A low level incomplete DNA profile which matched the corresponding components in the DNA profile of Gerald McCann was obtained from cellular material on the key card (286C/2007-CRL(12)). This sample has not been sent for further testing using LCN DNA profiling tests.

Low level incomplete DNA results, which in certain circumstances showed a contribution of DNA from more than one person were obtained from biological material on the following swabs: 286A/2007 CRL 14a, 14b, 15a; the swab from the hem of the curtain 286A/2007 CRL 16 curtain 2; the swabs from the tile pieces 286/2007 CRL 2 areas 1 and 2 and 3 area 1. In my opinion there is no evidence to support the view that anyone from the McCann family contributed their DNA to them results.

An attempt to obtain an LCN DNA result from any cellular material on the swab from area one of the luggage compartment section (286C/2007 CRL 10) was unsuccesful in that no profile was obtained.

An incomplete LCN DNA result which appeared to have originated from a male was obtained from cellular material from the swab (286A/2007 CRL 1a & b). The profile did not match any of those previously tested in this case.

An incomplete LCN DNA result which appeared to have originated from a female was obtained from cellular material from the swab (286A/2007 CRL 4a & b). The profile did not match any of those previously tested in this case.

An incomplete LCN DNA result which appeared to have originated from a male was obtained from cellular material from the swab (286A12007 CRL 9a & b). The profile did not match any of those previously tested in this case. Furthermore, it did not match the profile obtained from the swab, 286A/2007 CRL 1a & b.

Mixed LCN DNA results which appeared to have originated from at least two people were obtained from cellular material recovered from the swabs (286A/2007 CRL 2a & b, 5a 7 b, 7a & b, 10a & b and 12a & b). in my opinion there is not evidence to support the view that any of the McCann family contributed DNA to Yhis result.

Attempts to obtain an LCN DNA result from any cellular material on the swabs 286A/2007 CRL 11a & b & 13a & b and from tile pieces 286/2007 CRL 3 area 2 were unsuccessful in that no DNA profiles were obtained; possibly due to the absence of sufficient good quality DNA.

LCN DNA results which contained too little information for meaningful interpretation were obtained from cellular material on the swabs 286A/2007 CRL 6a & b and 8a & b).

LCN DNA results which appeared to have originated from at least three people and which were too complex for meaningful interpretation were obtained from cellular material recovered from the swabs taken from the tiles 286/2007 CRL 1, 6, 7,8, 10 & 11).

An attempt to obtain an LCN DNA result from any cellular material on the swabs from the tiles 286/2007 CR/L 5 stains 1, 2 & 3 were unsuccessful in that no DNA profile was obtained.

An LCN DNA result which contained to little information for meaningful interpretation was obtained from cellular material on the swab from the tile (286/2007 CR/L 9).

Low level LCN DNA results were obtained from cellular material on the swabs from the tiles (286/2007 CR/L 4 & 12). In my opinion there is no evidence to support the view that anyone in the McCann Family contributed DNA to these results.

An incomplete DNA result was obtained from cellular material on the swab (286A/2007 CRL 3a). The swab contained very little information and showed low level indications of DNA from more than one person. However, all of the confirmed DNA components within this result match the corresponding components in the DNA profile of Madeline McCann. LCN DNA profiling is highly sensitive; it is not possible attribute this DNA profile to a particular body fluid.

A low level LCN DNA result was obtained from cellular material on the swab (286A/2007 CRL 3b). In my opinion there is no evidence to support the view that Madeleine McCann contributed DNA to this result.

A complex LCN DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the luggage compartment section 286C 2007 CRL10 (2) area 2. In my opinion this result is too complex for meaningful interpretation.

The curtains (286A/2007 - CR/L 16 and 16B) and the piece of white curtain (286B/2007 - CR/L 1) and the fragments of bushes (286/2007 CR/L 21) were examined for the presence of blood. No blood was found.

The small fragments of tile, and bags of dust and cement glue (286/2007 CR/L 13, 14, 15, 16, 17, 18, 19 & 20) were not examined at the laboratory.

if I can be of further assistance please do not hesitate to contact me at the laboratory.

Yours sincerely,

JOHN ROBERT LOWE BSc CBiol NliBiol RFP
Date: 6 September 2007

I found this tucked away at the very end of the Cartas Rogatorias. Yet again, it seems the English version is not to hand, nor does this seem to appear in the Apenso I, the appendix supposedly dedicated to all things forensic.

One strange thing: Notice how John has been spelled in the first sentence.
== == == == == == == == == == == == == == == == == == == == == == == == ==
Carta Rogatoria-Home OfficeIV.pdf

FSS – Forensic Science Service
(SERVIÇO CIÊNTÍFICO FORENSE)

RELATÓRIO DOS EXAMES

Este é o relatório dos resultados encontrados relativamente ao desaparecimento de Madeleine McCann compilados por JONH ROBERT LOWE BSc Cbiol MIBiol RFP

Forense Science Service Ltd
(Serviço de Ciência Forense)
Birmingham Laboratory, Priory House, Gooch
Street North, Birmingham, B5 6QQ
Tel. 0121 607 6973
e-mail: john.lowe@fss.pnn.police.uk

O relatório consiste de três páginas e relata os trabalhos levados a cabo no seguinte caso;

Referencia:
Referencia do FSS: 300 655 190 / 401 020 769
Refrencia do Cliente: Tarefa Operacinal

Data: 22 de Maio de 2008

Exmº D/Chefe

O proposito deste relatório é sumariar os resultados de várias informações de busca, conduzidas utilizando a Base de Dados Nacional de ADN e a condução de informações de base de dados monotorizada.

O perfil de LCN DNA previamente obtido dos seguintes dados submetidos foram sujeitos a uma unica busca por parte da Base de Dados Nacional de ADN.

A informação providenciada neste relatório é o resultado do trabalho de examinação efectuado no caso acima referenciado. As descobertas e os resultados da examinação foram gravados e retidos de acordo com o manual descrito como ‘Disclosure’ (revelação): Evidências de peritos e material não utilizado. A informação contida neste relatório não se destina a ser utilizada como prova, e é acordado que se este relatório ou alguma informação nele contida terá como fim a sua utilização como prova de defesa, será necessário da minha parte providenciar um depoimento de acordo com s9 ou s10 CJA 1967

286A/2007/CRL1A & B
286A/2007/CRL4A & B
286A/2007/CRL9A & B
286A72007/CRL16A & B

Um inúmero de semelhanças foram devolvidas pela Base de Dados Nacional de ADN para o perfil de ADN obtido do 286A/2007/CRL4A & B; contudo usei informação adicional dentro dos resultados que não serviam para inclusão nos parâmetros de busca para eliminar todos, excepto duas destas semelhanças. As duas semelhanças que permaneceram foram gravadas com o código de barras 90264515 & 90374723. Estas amostras são perfis de ADN obtidos utilizando o sistema antigo de SGM o qual examina seis areas de ADN. O novo sistema de SGMplus examina estas seis area mais quatro outras areas. Se estes dois perfis fossem actualizados, na minha opinião seriam também eliminados como possiveis dadores de ADN, dado o resultado obtido do 286A/2007/CRL4A & B.

Um inúmero de semelhanças foram enviadas pela Base de Dados Nacional de ADN para o perfil de ADN obtido do 286A/2007/CRL9A & B, contudo utilizei informação adicional dentro dos resultados mas que não serviam para inclusão nos parâmetros de busca, para eliminar essas semelhanças.

Um inúmero de semelhanças foram enviadas pela Base de Dados Nacional de ADN para o perfil de ADN obtido do 286A/2007/CRL16A & B, contudo utilizei informação adicional dentro dos resultados mas que não serviam para inclusão nos parâmetros de busca, para eliminar essas semelhanças.

Com fim informativo apenas, foi construida uma base de dados de amostras voluntárias, com o propósito de informação monotorizada. De acordo com os registos disponíveis, a base de dados consta de 286 amostras voluntárias, quatro das quais foram rejeitadas. Os perfis voluntários de ADN foram comparados com as seguintes amostras:

286A/2007/CRL1A & B
286A/2007/CRL4A & B
286A/2007/CRL9A & B
286A/72007/CRL16A & B

As amostras voluntárias foram também comparadas com ‘mancha crime 1’, um perfil de ADN obtido pelos cientistas Portugueses usando o seu sistema de perfis de ADN. O perfil foi recuperado de uma suspeita de sémen retirada de um cobertor no apartamento 5.

Dos registos disponíveis, concluo que 281 amostras voluntárias foram eliminadas como contribuidores de ADN relativamente à lista de buscas de perfis acima referida, visto que o seu perfil não coincidia com o perfil procurado; nessa sequencia, o ADN não pode ter tido origem nos mesmos.

Mais concluo que, os perfis de ADN obtidos na ‘mancha crime 1’ e 286A/2007/CRL9A & B coincidem com Ch***** Go**** (cod. barras 51156964). Creio que Ch***** Go**** nasceu no dia 29 de Janeiro de 2005, e se é este o caso, na minha opinião, o perfil da ADN obtido na ‘mancha crime 1’ não é resultado de sémen encontrado no cobertor.

Volume XII pages 3195 - 3206. Screenshots.
See also http://www.mccannpjfiles.co.uk/PJ/5A_EDDIE-KEELA.htm
With many thanks to Albym.

Report with pictures of the samples/evidence (as indicated by Eddie and Keela) collected in apt. 5A on august 1, 2007, and delivered to the FSS. Last two pages are in English.

Expert Examination 200711732-CR/L
Requester: DIC Portimao Policia Judiciaria
Case: 201/07.0GALGS
Fax: 638 dated 10 August 2007
Examination date: 1 August 2007

Inquiry: This is the report of the recovery of trace evidence from Apartment 5A, Block A, tourist resort "Ocean Club" - Praia da Luz, Lagos, from where there occurred, on 3 May 2007, the disappearance of a minor of English nationality.

Observations and Analyses Performed.
On 1 August 2007, at 20h00, a crime laboratory team comprising the signatories
went, at the request of DIC Portimao PJ, to a residence at [the above address] in
order to collect trace evidence from the place.

There follow photographs of the outside of the apartment from where trace evidence
was recovered as well as the detail thereof.

Photo 1: Location of the apartment

http://i191.photobucket.com/albums/z10/ ... II3195.jpg

Photos 2 through 8: External shots of the front and side of the apartment.

According to information provided by the DIC of Portimao, on 31 July 2007 a search
had been performed inside the apartment using English police dogs one specialised in
the detection of traces of human blood and the other in the detection of human
cadaver scent.

They informed further that in that search the animal specialised in detection of human blood indicated the possible presence thereof on one of the floor tiles in the living room and that the dog specialised in detection of human cadaver odour had detected the presence thereof in the couple's bedroom and in the back garden of the apartment.

Because of this it was also asked of the undersigned that they entered into contact
with an English scientific advisor, named Jonathan Smith, who indicated which traces
should be collected and the best way to proceed with their collection.

In that contact the undersigned were told that they should [OCR error: missing word
taken to be "proceder": to proceed] proceed with the recovery of the floor tiles
indicated by the dog specialised in the detection of human blood, with the recovery of hair in the corridor [pathway] that exists in the area of the back garden next to the window of the couple's bedroom, with the recovery of several pieces of the branches of the climbing plant in the garden (for later check of possible blood traces on them) and with the recovery of possible fibres on the garden wall next to the climbing plant.

He advised further that after the recovery of the tiles the animal specialised in
detection of human blood should perform another search of the area from where the
tiles had been recovered to verify [check for] the existence of possible human blood in the area from where the tiles had been lifted.

Subsequently it was asked of the undersigned that they watched the films of the
searches performed by the dog specialised in detection of human blood so that they
obtained an understanding of the area from where the tiles should be collected and
how many tiles they should collect.

After seeing the images and in agreement with the officers of DIC of Portimao it was
defined that the undersigned should proceed with the recovery of four tiles. It was
also defined that this operation of recovery of the tiles would also be filmed.

When looking at the images referred to above it was observed that the floor tiles to be recovered were situated in an area of the living room next to a window where there was a sofa and that the tiles referred to were underneath that sofa.

http://i191.photobucket.com/albums/z10/ ... II3196.jpg

http://i191.photobucket.com/albums/z10/ ... II3197.jpg

Photos 9 through 11: Detailed shots of the living room area and floor area from which the tiles should be collected.

As requested by investigating officers of the DIC of Portimao it was performed the
lifting and respective recovery of the four tiles and of the skirting board next to them
(they being identified with numbers 1 to 4) using a tile trimmer, a flat chisel [spelling
mistake in report: "escopo" should be "escopro"] and a hammer.

After the recovery of the four tiles and the skirting board the dog specialised in the
detection of traces of human blood was put into the area from where the tiles had
been recovered, the English police officer who coordinated the movement of the dog,
Martin Grime, having informed the undersigned that they should proceed with the
recovery of another piece of tile that was close to the area from where the tile
identified as number 1 had been lifted, that terminating the recovery of the tiles
signalled by the dog. As requested the undersigned performed the lifting of and the
recovery of the piece of tile indicated.

http://i191.photobucket.com/albums/z10/ ... II3198.jpg

Photos 12 through 14: Detail of the floor tiles numbered 1 to 4 (from different
perspectives) [before lifting].

http://i191.photobucket.com/albums/z10/ ... II3199.jpg

Photos 15 through 16: Detail of the floor area [after lifting] and the additional piece of tile (shown by the red arrow) indicated by the second check by the dog.

After the lifting of the tiles they were encased in 20 paper packages as follows
[summarised]:
Items 1 to 4: Tile fragments
Item 5: Additional tile fragment
Items 6 to 12: Skirting board fragments
Item 13: Residues/small fragments from skirting board area
Item 14: Dust/small fragments from tile area
Items 16 to 19: Grouting/mortar from between tiles, and between tiles and wall
Item 20: Small tile fragments with cement/mortar

Subsequently, as previously determined, there proceeded the collection of various
hairs from the ground of the pathway in the garden area next to the window of the
couple's bedroom, they having been encased in a paper package referenced as trace
evidence number 25.

After the above there proceeded the collection of several branches of the climbing
plant in the garden they having been encased in a paper package referenced as trace evidence number 21 and of possible fibres on a wall of the apartment garden, next to the climbing plant, using six Crystal-Tabs appropriate for this they having been referenced as trace evidence number 26.

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http://i191.photobucket.com/albums/z10/ ... II3201.jpg

Photos 17 through 19: Pictures of the garden area from which the above evidence was collected.

Conclusions:
On 1 August 2007 the following trace evidence was collected from [the apartment and garden] as better described in the report:
[the list of collected items is repeated]

Further, oral swabs of the undersigned and Specialist Bruno A. were collected and
referenced as trace evidence 22, 23 and 24.

As requested by officers of the DIC of Portimao:

- the packages numbered 1 to 24 were delivered to the FSS in Birmingham, UK under
cover of delivery note 286/2007-CR/L, a copy of which is annexed, for later laboratory examination;

- the package numbered 25 was delivered to the LPC biology laboratory under cover
of delivery note 304A/2007-CR/L, a copy of which is annexed, for preservation;

- the packages referenced as number 26 were delivered to the LPC biology laboratory under cover of delivery note 304B/2007-CR/L, a copy of which is annexed, for preservation.

Lisboa, 27 September 2007.
[Signed] Fernando V. and Lino H.


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http://i191.photobucket.com/albums/z10/ ... 203bis.jpg

http://i191.photobucket.com/albums/z10/ ... II3204.jpg

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Processos Vol IX

Pages 2280 to 2281

THE FORENSIC SCIENE SERVICE
WETHERBY LABORATORY, SANDBECK WAY, AUDBY LANE, WETHERBY, WEST YORKSHIRE, LS22 7DN


FORENSIC REPORT

Officer in case: Det Supt Prior

Client: Leicestershire Police, New Parks

Police reference: 07/06085 Operation TASK

Laboratory reference: 300 655 190

Order reference: 400 913 6069

Scientist: Lesley Denton

Number of pages: 2


Re: Abduction of Madeleine McCann on 3rd May 2007

A DNA profile has been obtained from the reference samples of Kate HEALY (51162896) and Gerald McCANN (511622897).

A DNA profile has also been obtained from a pillowcase (SJM/1).

DNA profiling reveals a series of bands, half of which a child inherits from their natural mother (maternal) and half of which it inherits from their natural father (paternal).

In this case, all of the bands present in the profile obtained from the pillowcase are represented in the combined profiles of Kate HEALY and Gerald McCANN. This what I would expect to find in the profile obtained from the pillowcase originated from a natural child of theirs.

The results of the DNA profile obtained from the pillowcase is approximately 29 million times more likely if the profile originates from a natural child of theirs rather than someone unrelated to them.

In my opinion, the results detailed above provide extremely strong support for the view that the profile obtained from the pillowcase originates from a natural child of Kate HEALY and Gerald McCANN.

Please note: I understand that the McCANN’s have a second female child. It therefore remains a formal possibility that the DNA on the pillowcase could have originated from her as the genetics would be in keeping with those described above.

If I can be of further assistance or you require a CJA statement please do not hesitate to contact me at the laboratory on 01937 548287.

Yours sincerely,


Lesley Ann Denton
FORENSIC SCIENTIST
Date: 28 June 2007

Processos Vol IX

2287 to 2288

THE FORENSIC SCIENE SERVICE
WETHERBY LABORATORY, SANDBECK WAY, AUDBY LANE, WETHERBY, WEST YORKSHIRE, LS22 7DN


FORENSIC REPORT

Officer in case: Det Supt Prior

Client: Leicestershire Police, New Parks

Police reference: 07/06085 Operation TASK

Laboratory reference: 300 655 190

Order reference: 400 922 755

Scientist: Lesley Denton

Number of pages: 2

Re: Abduction of Madeleine McCann on 3rd May 2007

A DNA profile has been obtained from the reference samples of Amelie Eve McCANN (SBM/2) and Sean Michael McCANN (SBM/3).

In this case, all of the bands present in the profiles of both Amelie McCANN and Sean McCANN are represented in the combined profiles of Kate HEALY and Gerald McCANN. This is what I would expect to find if Amelie McCANN and Sean Michael McCANN were their natural children.

Neither the DNA profile of Amelie McCANN nor Sean McCANN matches that from the pillowcase (SJM/1) and therefore in my opinion, neither Amelie McCANN nor Sean McCANN can be the source of this profile.

If I can be of further assistance or you require a CJA statement please do not hesitate to contact me at the laboratory on 01937 548287.

Yours sincerely,


Lesley Ann Denton
FORENSIC SCIENTIST
Date: 18 July 2007

Vol IX

Page 2282

Date 2007.08.21

Letter from the FSS

Destruction of Samples


Investigating officer. Stuart Prior


A – Perishable samples.

Certain samples constitute a potential health risk. With the concurrence of the Home Office, it has been decided that such samples will not be submitted to the courts unless specifically requested by the Defence. (This is an extension of the procedures for the disposal of blood samples previously agreed by the Lord Chief Justice, the Director of Public Prosecutions and the former Chief Metropolitan Magistrate.

The laboratory has examined one or more of the samples listed below. They will not be returned to you but will be destroyed in due course unless we are requested by the Defence to preserve them. You should notify the Defence solicitors in accordance with Home Office circulars 40/73 and 74/82 which allow a period of 21 days in which notice in writing must be given, by the defendant or his legal representative to the laboratory to prevent the samples being destroyed.

- Blood samples.
- Saliva samples.
- Swabs from body orifices.
- Other swabs bearing potentially hazardous material.
- Vomit, faeces, urine, etc.

The above list includes perishable personal samples, the destruction of which is required by Section 64 of the Police and Criminal Evidence Act (1984).

B – Non-Perishable samples

The destruction of other, non-perishable personal samples is required by Section 64 of the Police and Criminal Evidence Act. These include:

- Control head hair samples.
- Control pubic hair samples.
- Finger nail samples.
- Casts- e.g of teeth or feet.

Except as below those non-perishable personal samples are returned to you as parts of exhibits for production at court, etc. The laboratory is not responsible for their destruction.

The part of these samples which were removed for examination, will be retained by the laboratory for the period of time as specified in the MOU for Retained Materials (3, 7 or 30 years) from the date of this notice to allow access to other legitimate parties. After this period, in the absence of written instruction to the contrary, the retained samples will be destroyed and a record made of their destruction.

Signed.

Dated 21st August 2007.

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