Table of Contents : Vol 16..(PDF pages 172-174)....Pages 4303 to 4305—"Legal details re reconstruction and Portuguese law (English)"

Vol 16 Page 4303 (Page 1 of 3)

Completed on 2nd May 2008.

=CLS=

The re-enactment of the fact is a procedure set forth in the Portuguese Law (Section 150 of the Portuguese Code of Criminal Procedure, which is below given as part of this order) and consists of re-enacting, as accurately as possible, the
situation where an event is said or is supposed to have occurred, and it also consists of repeating the way it has happened.

The re-enactment has, in this inquiry, a rather particular nature, taking into account that it aims at re-enacting facts occurred about a year ago, by means of a proximity to the situation in which they occurred, and also being aware of the
inconvenience that a trip to Portugal might represent to a group of British Citizens, although knowing that it represents a milestone of solidarity among friends and towards friends who find themselves in a particularly painful and difficult situation.

It shall also be noted that, although this procedure is considered to be very important to the investigation, it will only take place if all the below mentioned witnesses are present, considering that the arguidos (formal suspects) have already shown they are available to participate in the re-enactment.

The purpose is to gather all the participants - the arguidos Gerald McCann and Kate Healy, the witnesses who were having dinner at the Tapas Restaurant on 3rd May 2007, and who took turns to check on their children who were sleeping in the
respective apartments, as well as another witness who spoke with the arguido Gerald-, who will perform what they did on the abovementioned date, as accurately as they recall, so that what is in their written statements can be confirmed. This will allow conclusions to be drawn on how things happened on site, thus making adjustments that will allow the investigation to determine the need for any supplemental procedure.



Page 4304 (Page 2 of 3)

The re-enactment that shall have the participation of the abovementioned group of people, as well as of any character whose figurative presence might be necessary to the visualization of the events, shall take place on 15th May, between 5.30 p.m. and 11.00 p.m. On 16th May all the procedure shall be formalized, according to what had already been settled for this date and considering that all the participants meant to be present have already been informed accordingly. This cannot be subject to any change due to the time and place where the procedure shall take place.

The re-enactment will be performed at the space of the abovementioned Restaurant, Block of Apartments where the facts occurred on that date, and in the surrounding area, and it will be carried out by the Policia Judiciária, with the respective video recording and with the cooperation of the Police Authorities required by the PJ.

The arguidos Gerald and Kate shall be notified through their Legal Representatives. The notification of the witnesses David Anthony Payne, Fiona Elaine Payne, Dianne Webster, Russell James O'Brien, Jane Michelle Tanner, Matthew David Oldfield, Rachael Mariamma Jean Manpilly and Jeremy Wilkins shall be made with the cooperation of the British Police, at Policia Judiciária's request.

Each notified person shall receive a copy of this Order - concerning the re-enactment.
Proceed accordingly.

APPENDIX - Copy of Section 150 of the Portuguese Code of Criminal Procedure

Of the re-enactment of events

Section 150

Assumptions and Procedure

1- A re-enactment of events is admissible whenever deemed necessary to ascertain whether a fact could have occurred in a determined way. This consists of reproducing,



Page 4305 (Page 3 of 3)

as accurately as possible, the situation in which the fact is said to have occurred or is supposed to have occurred, as well as of repeating the way it has happened.

2- The Order requring the re-enactment of the fact shall bear a short indication as to it's object, date, time and place where the procedure shall take place as well as to the way it will be carried out, eventually using audiovisual means. The same Order shall appoint experts to carry out specific operations.

3- Publicity of the proceedings shall be avoided as much as possible.

Table of Contents : Vol 16..(PDF page 175 ).....Page 4306...."Confirmation fax sent"

Vol 16 Page 4306 (Page 1 of 1)

FAX

Portimão, 6th May 2008

Caro Stuart :

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you to notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.

Thank you again for your cooperation.
Best regards
(signed)
Paulo Rebelo
CSIC

P.S. At this moment, we have our e-mail system unavailable. As soon as possible, we'll send the notifications in that way, in Portuguese and English.

Table of Contents : Vol 16..(PDF page 176).....Page 4307..."Letter to Stuart Prior"

Vol 16 Page 4307 (Page 1 of 1)

João Carlos Silva Pereira

From : João Carlos Silva Pereira
Date : 6th May 2008
To : stuart.prior@leicestershire.pnn.police.uk
Subject : Re-enactment
Annexes : FW : Forwarding final reconstitution version; Sending of translation.

Dear Stuart

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.
Thank you for your cooperation.
Best regards
Paulo Rebelo CSIC

Email from J. Tanner to Stuart Prior

08 May 2008 10:05

(Processo/16 - VOLUME XVIa.pdf P179,180)
Vol XVI p. 4310

Dear Stuart,

Thanks for your call last night.

I spoke with Rachel last night who is chasing Brian Spiro for a response to our legal queries. We are hoping to have that today.

Until then we cannot give a definitive answer. Hoever I believe Matt and Rachael cannot do that date, so it may be immaterial anyway!

I would just like like to reiterate what I said last night, in that it is so sad we have to consider so many peripheral issues rather than just doing everything we can do to help find Madeleine.

Thanks and regards.

Jane

Email from Rachael Oldfield to Stuart Prior

10 May 2008 10:14

(Processo/16 - VOLUME XVIa.pdf P181,182)
Vol XVI p. 4312

Dear Stuart,

Further to our recent emails, Matthew and I have made the decision not to return to Portugal for the proposed re-enactment on 15th/16th May 2008.

We will respond to the formal notification when we receive it as well.

If you need anything further from us, please do not hesitate to give me a call.

Kind regards.

Rachael Oldfield

Email from Russel O'Brien to Stuart Prior 10 May 2008 14:56

(Processo/16 - VOLUME XVIa.pdf P183,184,185)
Vol. XVI p. 4314

Dear Stuart.

Apologies for the late reply.

We gather now that at least Jez Wilkins, Matt and Rach and Dave/Fi are not going/able to make the re-enactment. Given the prosecutor's requirement for all to be in attendance or none at all, and the absolute nature of the planned date, the decision appears to be academic ...

I hope you are well.

Best wishes,

Russel & Jane

Table of Contents : Processo Vol 16..(PDF page 186-187)...Pages 4317-4318..."4317—Further email from Fiona and David (English)"

(For transference to relevant Thread within the Table of Contents Thread)


Processo Vol 16 Page 4317 (Page 1 of 2)

Ricardo Manuel Gonçalves Paiva

From : Prior Stuart
Date : 12th May 2008 12:58
To : Ricardo Manuel Gonçalves Paiva
Cc : Graham Michael : Walters Jane
Subject : FW : Portugal Re-enactment

Ricardo
and another one
Stu

Stu Prior
Detective Superintendent
Leicestershire Constabulary

(The above is referring to the added e-mail from Fiona Webster which follows)

From : fiona webster ( fionaelaine webster@xxxxx.com)
Sent : 12th May 2008, 12.32
To : Prior Stuart
Subject : Re : Portugal Re-enactment.

Dear Stuart

We have now had time to consider the advice received from our legal team. Taking into account the advice given along with our many concerns previously mentioned to you; we feel we are unable to participate in the propoed (sic) re-enactment in Portugal.

Kind regards

Fiona and David Payne, and Diane Webster


-----------------------------Original Message------------------

From : Prior Stuart (Stuart.Prior@Leicestershire.pnn.police.uk)
To : fiona webster (fionaelainewebster@xxxxx.com
Sent : Wednesday, 7th May, 2008, 5.52 p.m.
Subject : Portugal Re-enactment

Dear Fiona, David and Dianne,



Processo Vol 16 Page 4318 (Page 2 of 2)

I have received the attached document from Portugal concerning the request for you to attend the proposed re-enactment on the 15th and the 16th May, 2008. I would like to confirm that this e-mail should not be considered the service of the formal notification, but due to the short time scales involved is a notification to enable you to consider it's contents. The document will be formally sent to you by the Portuguese.

The request outlines the reasons for the process and the Legal justification as is appropriate for persons residing in Portugal.

After you have considered this e-mail, they have requested that if possible you confirm via e-mail to myself, whether you will be attending or not to assist with their planning of the event. I guess this will be after you have consulted your Legal team. I have already relayed your previous responses to the Portuguese and explained that you would get back to me after taking Legal Advice.

They again confirm that if any of the witnesses do not wish to attend then the re-enactment will not go ahead, but I also appreciate that Rachael and Matthew have indicated a difficulty with the 15th and the 16th May, 2008.

Likewise I have been advised by the Portuguese that they have no Legal Powers to order you to attend and there will be no penalty if you do not do so.

Please do not hesitate to contact me if you wish to discuss this further.

Stu

Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

Table of Contents : Processo Vol 16..(PDF page 214)....Page 4345—"Letter from Matthew Oldfield indicating he will not attend 2008.05.23"

Vol 16 Page 4345 (Page 1 of 1)

2x Suxxxxxxxx Gaxxxxx
London
SW xx 8xx

Date 23rd May 2008

Maria Luisa Nascimento Duarte
Ministério Público de Portimão
Av. Miguel Bombarda
Palácio da Justiça
no 2 Piso
8501-960 Portimão

Reference : 3951283

Dear Sir,

I write with reference to the Notification dated 9th May 2008, which I received on Saturday 17th may 2008.

I am hereby informing you that I will not be attending the proposed Reconstruction in Portugal on 29th and 30th May 2008. I have reached this decision after considering advice from our Lawyers.

Yours faithfully,

Matthew David Oldfield

Table of Contents : Processo Vol 16..(PDF page 215)....Page 4346—"Email from Rachel Oldfield 2008.05.23"

Vol 16 Page 4346 (Page 1 of 1)

Serviços do Ministerio Publico de Portimão

From : Rachael Oldfield ( rachaeloldfield@xxxxx.com )
Date : 23rd May 2008 11.39 a.m.
To : Serviços do Ministerio Publico de Portimão
Subject : Letters of response to Summons. Ref 3951282
Annexes : Reply (Matt) to Summons 21st May 2008 doc ; Reply (Rachael) to PJ Summons 21st May 2008.doc

((Two attachments of replies from : a) (Matt) to PJ Summons 21st...., and b) Reply (Rachael) to PJ Summons...., inserted here))


Please see attached letters in response to the summons we have received.

Please acknowledge receipt.

Many thanks.

Table of Contents : Processo Vol 16..(PDF page 216)....Page 4347—"Copy of page 4346"

Vol 16 Page 4347 (Page 1 of 1)

Serviços do Ministerio Publico de Portimão

From : Rachael Oldfield ( rachaeloldfield@xxxxx.com )
Date : 23rd May 2008 11.39 a.m.
To : Serviços do Ministerio Publico de Portimão
Subject : Letters of response to Summons. Ref 3951282
Annexes : Reply (Matt) to Summons 21st May 2008 doc ; Reply (Rachael) to PJ Summons 21st May 2008.doc

((Two attachments of replies from : a) (Matt) to PJ Summons 21st...., and b) Reply (Rachael) to PJ Summons...., inserted here))


Please see attached letters in response to the summons we have received.

Please acknowledge receipt.

Many thanks.