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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:45 pm 
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Table of Contents : Processo Vol 16...(PDF page 217)....Page 4348-"Letter from Rachel Oldfield she will not attend 2008.05.23"

Vol 16 Page 4348 (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,

Rachael Marimma Jean Mampilly


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:46 pm 
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Table of Contents : Processo Vol 16..(PDF page 223)...Page 4354—"Email from Rebelo to Prior re: Prosecutor Decision"

Vol 16 Page 4354 (Page 1 of 1)

Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo.
Date : 27th May 2008 10.25 a.m.
To : "Prior Stuart"
Subject : Re-enactment cancelation

(( Inserted here is an attachment labelled : Anulação da reconstitutiçã0.doc....))

Dear Stuart :

As agreed, here I send the Prosecutor's decision regarding the re-enactment cancelation. In a few words, it says that due the absence of the wittnesses Matthew Oldfield, Rachael Mampilly, Russell O'Brien and Jane Tanner, there are no conditions to perform the diligence.
I kindly request you to urgently transmit this decision to each one of the witnesses (Matthew, Rachael, Russell, Jane, Dianne, David, Fiona and Jeremy).

Thank you, again, for your cooperation.
Best regards
Paulo Rebelo
CSIC


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Mon Jan 18, 2010 8:55 pm 
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Apensos IX Vol I
Page 139



Public Ministry of Portimao
Case Section
Case 201/07 GALGS


Dear Sir
Public prosecutor


Kate Marie Healy arguida in the case referred to above, having been notified (page 3947) expresses her availability to participate in the reconstruction of the events on the second of the dates suggested, in other words on the 15 and 16th of next May. Her husband, Gerry McCann has also already expressed his availability.


Rogério Alves

Lawyer


(Sent by email)

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Mon Feb 15, 2010 1:35 pm 
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Processos Vol XVI

Page 4281

Conclusion 12-05-2008

Request made by Gerald McCann presented at 22H26 on 9-5-2008 by fax:

The days 29 and 30 May 2008 designated for the reconstruction, already represent an alteration that it was necessary to make with regard to the dates originally foreseen because of taking into account the approximation to the conditions in which the events occurred.

To this is added the fact that the type of action necessary for the reconstruction involves complex logistics in order to find a balance between the various interests and factors in play, given that the site where the reconstruction would take place is a tourist resort with much presence, namely of foreigners on holiday, having all the inconvenience that this would bring.

It is therefore not viable to proceed to the new alteration, unfortunately because of the balance mentioned above not being able to count with the interests referred by your illustrious self on the arguido Gerry McCann, however, in the hope a solution is found.

The altered date should therefore be deferred.

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Wed Feb 24, 2010 12:39 pm 
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Docs linked in TOC.

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Wed May 12, 2010 5:52 pm 
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Processo Vol XVI
Page 4280

and Processos Vol XVI
Page 4285

Processes Section
Process nº 201/07.0 GALGS

Date: 12 May 2008 [date on stamp signed by Justice Officer no 841347(signature unintelligible)]

To:
Excellency Public Ministry Magistrate
Portimão Public Ministry Services

Gerald Patrick McCann, arguido identified in the above mentioned process acts, has been today notified that the days 29 and 30 May 2008 were designated for the reconstruction of facts [translator note: events],

He requires to your excellency the postponement of the said step [diligence], given the impossibility of his mandatary [representative] to attend on the designated days, since on 29th May he will be at the audience of the judgement (of an arguido subject to the obligation of remaining at his residence [in PT: T.I.R. - Termo de Identidade e Residencia]) of the process number 9872/06.4 TDLSB, which is happening at the 2º Criminal Court of Oeiras District and, on the 30th May will be in the last session of the audience of the judgement of the process nº 1774/02.0 TAALM, which will happen at the 3º Court of Criminal Competence of Almada's district, where the final allegations will take place. Adding that the above mentioned diligence, set for the 30th, was inclusively, subject of a postponement since it coincided with the date initially set for the reconstruction.

Therefore, given the impossibility of postponing the abovementioned audiences [trials] and due to the essentiality of the presence of the undersigned in the reconstruction of which he was now notified for the reconstruction of the facts and on the two above mentioned diligences [the trials], it is requested to your Excellency to start proceedings to set a new date for the making of the reconstruction. Thus, manifesting here the complete availability in the agenda for the days 5 and 6 of June and 19 and 20 of the same month.

sent: legal duplicates

Signature and official lawyer's order stamp

Carlos Pinto de Abreu


sent via fax on 09.05.2008 Friday, at 22.05

(Doc linked in TOC)


Quote:
written by xklamation: In this message, the mandatary, in this case Carlos Pinto de Abreu, representing the McCann couple as a lawyer is obliged to be present on the days of the reconstruction. In this message it is not explicit if Gerry McCann is forced to go, but logically a reconstruction of the 3rd May 2007 could not be made without the parents, and regarding the PT law, yes, the former arguidos couple, when they were under that said status, would have to do the reconstruction. So what we see here is a mere request to postpone the dates of the reconstruction done by the, at the time, McCann's lawyer to Portimão's Prosecutor. Later the postponement and denial will come from the Tapas group, friends of the McCanns, who as witnesses could not, again according to PT law be obliged to return to Portugal to take part of the reconstruction. Some Tapas made at the time absurd requests to come to Portugal, like that jet story, and most ended up stating that they didn't see any interest in doing the PJ's reconstruction, since it wasn't going to be filmed by a TV channel nor broadcast, in a crime watch reality TV style. As we all know, the reconstruction could have given clues to the behaviour of the whole G9 group, explain or not the inconsistencies of their alibis, and obviously, if their best interest at heart was to help Madeleine being found, none of them should have ever opposed to do a reconstruction of the night of the 3rd May 2007.



(Doc linked in TOC).

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Tue Jun 15, 2010 8:43 pm 
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Processos Vol XVI
Pages 4334 – 4335

(In English)


From : Stuart Prior

Sent: Friday, 23rd May 2008

To: Ricardo Paiva

Subject: FW Re-enactment Dates


Ricardo,

This is the second reply I have received, just waiting for the final two.
Russell asks if the below e-mail is all that is required or do the O’Briens need to do anything further in response to the letter.
Will let you know when the Paynes respond.
Stu.


From: Russell O’Brien
Sent: 23rd May 2008
To: Prior Stuart
Subject: RE: Re-enactment Dates


Dear Stuart,


We gather that Rachel has already contacted you saying they won’t be returning for any re-enactment. Once again, it seems an academic matter if there is not going to be 100% attendance.

Furthermore, we think it is hard to imagine a productive return to Portugal whilst Kate and Gerry remain arguidos. Secondly, the Prosecutor astonishingly referring to them as “offenders” in their letter implies they are already considered to be guilty, and will be treated as such by the police and press. Furthermore the leaking of the date even before your email completely contradicts the letter’s pretence to secrecy for the re-enactment.

It was not entirely clear from the letter who to reply to,. Judging from your email below, is this correspondence to you sufficient?

Best wishes

Russell and Jane

From: Prior Stuart
Sent 15th May 2008
To: Russell O’Brien

Subject: Re-enactment Dates


Dear Jane and Russell,

Just for your information I have been informed today that the prosecutor in Portugal has amended the dates for the proposed re-enactment to the 29th and 30th May 2008.

This new date will be within the written notification that has been sent to you from the Portuguese prosecutor'’ office.

When you have decided how you will respond to this further notification could I ask that you notify myself.

If you wish to discuss this matter further do not hesitate to contact me.

Regards,

Stu




(NOTE: I am looking for the letter from Prosecutor referred to by R O’B and JT, no luck so far)


(Doc linked in TOC).

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Wed Jun 16, 2010 3:56 pm 
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Processos Vol XVI
Page 4185

CONCLUSION on 1-4-2008


In the letter of request sent to the United Kingdom relating to the disappearance of Madeleine McCann it was requested that the witnesses who were on holiday with Madeleine’s parents would inform us about their availability to come to Portugal to do a reconstruction, the dates proposed being 28/29 April or 15/16 May (in order not to coincide with the date of the disappearance, nor with Madeleine’s birthday), the appearance of the witnesses and the carrying out of the reconstruction also being dependent upon the arrival in Portugal of the arguidos, without whom there would be no sense in a reconstruction.

Therefore, notify the arguidos Gerald McCann and Kate Healy, by means of their lawyer Dr Rogério Alves, to inform of their availability to come to Portugal on one of the dates mentioned above, with the aim of participating in the reconstruction, requesting a rapid response, bearing in mind that the questioning of the witnesses will begin on the 7th April and in order to be able to communicate this availability to the witnesses, as well as resolving all the questions, namely as regards logistics that would be necessary.

As required on page 3944, it was indicated to the PJ that the apprehended belongings be returned, unless they are of interest to the investigation or for matters of evidence.

As it has not been revealed to be of interest to the investigation, the computer made available by Nuno Ferreira (page 2670) should be returned.

Page 3946 . seen.


(Doc linked in TOC)

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Wed Jun 16, 2010 4:16 pm 
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Processos Vol XVI
Page 4186


INFORMATION

During a recent trip to the UK made by the undersigned, accompanied by Inspectors João Carlos and Ricardo Paiva, to accompany the anticipated compliance with the letter of Request sent to the UK Justice authorities, Detective Superintendent Stuart Prior from the Leicestershire Constabulary told us the following:

- following the requests contained in the Letter of Request referring to establishing the availability of various witnesses to come to Portugal in order to carry out a reconstruction exercise of the events, these witnesses expressed some doubts and questions that they would like to see cleared up.

- these doubts and questions were sent to the Superintendent by means of electronic mail and phone calls, and he has asked the undersigned, as far as possible, to remove the difficulties that the construction might have and proceed to clarify;

Therefore and with the aim of completely clarifying these subjects, the document that immediately follows this was produced and sent, by email to Stuart Prior.

Portimão, 15th April 2008

Superior Coordinator



Paulo Rebelo


The following document (in English) (Page 4187)

Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo
Date : 15th April 2008
To : "Prior Stuart"
Subject : Wittnesses' Questions

Dear Stuart,

As previously agreed, here I send the answers to the questions raised by the holidaying group and Jeremy Wilkins regarding the re-inactment.
I also inform you, about the matter of Gerald McCann's credit cards intelligence, that the Prosecutor is not available to make any more changes to the LOR.
Thank you very much, again, for your fantastic cooperation.
Best regards,
Paulo Rebelo.
CSIC

Pages 4190-4192
topic24.html

Processos Volume XVI, pgs. 4190 to 4192

Letter from PJ (Paulo Rebelo) regarding details of proposed reconstruction (English)

Dear Stuart,

As agreed during our visit to Leicester last week, and in order to provide an answer to the questions raised by various witnesses in the investigation into the disappearance of the minor Madeleine McCann, regarding the possibility of carrying out a re-enactment on the site of the events, I shall inform you of the following:

1 – Regarding the arguido or formal suspect status of Gerald McCann and Kate McCann, it is not the PJ’s competence to take the decision on the respective clearance. Thus, it is not possible to ensure the arguido status will be changed;

2 – There is no need for the witnesses to be accompanied by their children. For efficiency and celerity purposes, we indeed request that the children don’t accompany their parents;

3 – The re-enactment, within the LOR, shall take place probably on May 15, 2008, between 5.30 p.m. and 11 p.m., thus covering the time period before dinner, dinner time and about an hour after having checked that the child had gone missing;

4 – A postponing of the re-enactment will only happen if the weather conditions are extremely bad, once the sites where most part of the events took place weren’t exposed to such conditions. We also add the draft agenda to the proceedings, which we plan to be as follows:

- May 15 – In the morning – Arrival to Portugal of the participants in the proceedings;
- - In the afternoon – The re-enactment
- May 16 – During the day – Preparation, by the PJ, of the records and documents of the proceedings which will be displayed, reviewed and signed by the participants;
- May 17 – In the morning or in the afternoon – Departure of the participants.

5 – The re-enactment will be carried out with the attendance of the nine holidaying friends, as well as, incidentally, any figurant considered to be necessary for a visualization of the events, i.e. a man carrying a child;

6 – The re-enactment site will be isolated, as much as possible, in order to preserve the security and the integrity of the proceedings. However, we can neither assure the evacuation of the population, nor guarantee the press won’t interfere out of the security perimeter which will be established. Thus, we will do our best efforts to try and avoid picture taking by the press. However, we can not completely ensure that won’t happen;

7 – The re-enactment will only turn out to be efficient if performed by the participants in the events, once the information provided by the same participants needs to be tested and efficiently compared on-site, and that can only be achieved by means of their own performances. Thus, the possibility of using actors has to be put aside;

8 – The request for the presence of witnesses was submitted through the LOR; the notification for the attendance of the arguidos falls under the competence of the Public Prosecutor’s Office;

9 – If it is their wish, the witnesses can be assisted by the Foreign Office and, in the proceedings, also by a legal representative, subject to the consent of the Public Prosecutor’s Office. Within the scope of the cooperation that has been taking place, the Leicestershire Police has already been invited to be present in the proceedings;

10 – If the conditions to make the re-enactments are achieved, the payments of participants’ airfares and the stay costs will be subject of later evaluation;

11 – The PJ will be responsible for ensuring personal security for all the participants in the proceedings and will facilitate transfers from and to the airport, and from and to the proceedings. The PJ does not foresee any hostile environment or the occurrence of events able to put the participants’ physical and psychological integrity at risk;

12 – The witnesses will be invited to participate in the re-enactment, but there are no suspicions over them regarding the commission of any criminal acts;

13 – The translation services of these inquiry proceedings will be provided by private officers of the PJ;

14 – The PJ considers this re-enactment to be highly important, and hopes the witnesses show their total cooperation, as they have been doing so far, towards finding out the truth.

We hope we have provided the answers to all the questions raised by the participants and, for logistics and case preparation purposes, we kindly request to be informed about the participants’ respective answers until April 25, 2008.

Best regards,

Paulo Rebelo
CSIC


(Doc linked in TOC)

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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Wed Jun 16, 2010 4:44 pm 
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Processos Vol XVI
Page 4213

Date: 2008-03-31


Service Information

To: The Coordinator of the Criminal Investigation Paulo Rebelo

From: Inspector Ricardo Paiva


Subject: Expedient for annexing to the process files


Following the request made by this police force to the British authorities of the Leicester police to contact the group of friends of the McCann couple as well as Jeremy Wilkins, in the sense of their being questioned about whether, with regard to the penal processional diligence which consists of the reconstruction of the events that occurred in Praia da Luz on the night of 3rd May 2007, they would be available to travel to Portugal, with the aim of participating in the reconstruction, several of the witnesses raised some questions about this subject, which were quickly responded to according to your indications.

In this context, in the exchange of electronic correspondence with the Leicester Police, emails were produced which are attached to this Service Information, duly translated into Portuguese, to be annexed to the process files.

I bring this to your knowledge.

Signed

Inspector
Ricardo Paiva



(Doc linked in TOC)

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