05-CARTAS ROGATORIAS UK Pages 30 to 32

Statement by: Neil Berry
Occupation:
2 pages
Date: 23rd April 2008
Signature _________________________________________

I am the above mentioned person, resident at the address previously provided to the police. I have previously made two statements to the police with relation to my holidays in Portugal in April and in May (2007). I stayed at the Praia da Luz resort and was there at the time of Madeleine McCanns disappearance. I travelled to Portugal with my wife and our two children. We arrived on Saturday 28th April 2007.

Today I received a visit from two police officers from Leicestershire police with the purpose of clarifying some aspects and obtaining some information if possible. I was told that these questions came as a follow-up to a letter of request sent by the Portuguese authorities. I am conscious that my statement will be subject to the Portuguese Criminal Code as well as to English law.
I was asked whether I wanted to read my original statement in order to refresh my memory and I was granted this authorisation.

What follows are the positive replies to the questions that were put to me in the following order.

With relation to what I did on Thursday 3rd May 2007.
Given the time that had passed, my memory of this day is relatively vague. I did not leave the resort during my stay. I remember that my oldest daughter did not return to the Mark Warner Childrens Club after lunch and that we spent the afternoon together as a family.

At about 16.00 we were at the swimming pool bar within the complex. It was at this time that we had a few drinks with Raj Balu, Jayne Jensen and Anne Wiltshire, as I testified in my statement of 8th January 2008. My family returned to the apartment at about 17.000 and the four of us remained at the pool bar. I must have stayed there for another half an hour before joining my family in the apartment. When I left Jensen and Wiltshire remained at the bar. I do not remember whether Raj left with me or whether he stayed at the bar. From there I returned to my apartment and to my family.

With regard to where I took my meals and with whom:
I do not remember what we did at lunchtime on 3rd May. I only remember about the evening. I tried to reserve a table at the Tapas Bar for that night but it was fully booked. I spoke about this with Raj Balu and we decided to order a meal from the restaurant and we dined together in our apartment, as testified in my statement of 7th May 2007.

With regard to where I was at 18.00, whom I was with and the fact that I was seen by a witness at this time next to stairs and lift of block 5 of the Ocean Club:
I am not certain where I was at 18.00. It is possible that I was already in my apartment or returning from the bar. In order to arrive at my apartment I would walk along the side of the pool, crossing the stairs of block 4. If I were with someone, this person would be Raj, but as I have already said I do not remember whether I returned with him or before him. I do not remember having seen a lift in any of the apartment blocks. I was not in block 5, but had to pass by it in order to arrive at my apartment. It is possible that I was on the other side of the street opposite block five.

With relation to one of the Ocean Club employees having passed close by:
I do not remember having seen Ocean Club staff collecting dirty laundry at this hour.

With relation to where I was between 18.00 and 23.00:
After I returned to the apartment I was with my wife and children. The children went to bed at 19.00 and Raj arrived at our apartment with his family, carrying a cot for his son. We did not manage to set the cot up and I went to find a member of staff. I found a Mark Warner employee, whose name I cannot remember but she was the girlfriend of a maintenance employee called Rob. She accompanied us back to the apartment and managed to set up the cot. We put Raj's child to bed and sat down to relax and have a drink, once the children were asleep.

At about 20.00 Raj and I went to the Tapas restaurant to place our order and wait for our meal. I think that we had a drink while we waited. I do not remember exactly what we ordered but I think it included red cabbage. When we left with the meal we took the same walk back, along the pool, crossing the road back to the apartment. I think that our apartment was 4G.
I remember that at dinner that the McCanns were not at the restaurant at the time that we left and we did not see them while Raj and I were there.

Once back at the apartment we had dinner and remained there.

From 22.00 onwards all the events that took place were already described in my previous statement of 7th May 2007 and i cannot add any further information, other than that which was already added.

With regard to Rajinder Balu:
I met Raj at the welcome ceremony when we arrived at the resort on 28th April 2007. I did not travel with him and we had not met before. I got on well with him and later on we discovered that our wives had both worked for the same company. We did not normally spend the days together, but we would meet up on some evenings to dine and drink. Raj and I spent two evenings watching football matches in a local bar. I do not remember any other information or explanations that are relevant or which could in any way help this inquiry.

Document linked in TOC

From the Letter of Request:

VIII - Interview to NEIL BERRY, 42, MeXXXXXXXX ROXX, Surrey, SMX 7XX. He should be subject to a buccal swab and hair sample collection and asked the following questions :

* Do you confirm your previous statements to the British Police ?

* Could you provide a thorough description regarding everything you did on 3rd May, 2007, ? Indicate time and place.

* Where did you have your meals and with whom ?

*Where were you on this day between 8.30 p.m. and 10.00 p.m. ?

* At about 6.00 p.m., in particular, where were you ? Who were you with ?

* Considering the fact that you were seen by a witness, clarify what you were doing at that time next to the stairs leading to the upper floor , which are located next to the lift of Block 5 at the Ocean Club, i.e. not far from the apartment from where Madeleine McCann went missing ?

* On that occasion, did you actually pass by an Ocean Club employee that went there to pick up laundry ?

* If yes, what was the reaction like and why ?

* Do you know a man identified as RAJINDER BALU ? Who is he ? From where do you know him ? Did you travel together to Portugal ? Did RAJINDER BALU travel together with his family ?

* Explain clearly all your actions on that day between 6.00 p.m. and 11.00 p.m., namely with whom did you go to the TAPAS RESTAURANT to get food, and the kind of food you ordered, as well as the direction you took to go to the place where you ate.


* When exactly did you realise that a child was missing ? Where were you then and who were you with ?

* Any further questions deemed useful, necessary or pertinent in view of the previous replies.

* Is there any supplementary explanation that you consider pertinent or relevant to establish the material truth ?


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