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 Post subject: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:37 pm 
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Email sent to Ricardo Paiva from Graham Michael

19 March 2008 16:39

(processo/16 - VOLUME XVIa.pdf P84, 85 )
Vol. XVI p. 4214

Dear Ricardo,

I refer to our recent telephone call conversations and can confirm that we will starting the interview process w/c 7th April 2008. I hope the e-mail sent on Thursday 13th March helps with your arrangements for your accommodation.

I am in receipt of your e-mail regarding further questions for John Lowe at the FSS and I will forward them for him to answer.

As discussed on Friday, we have made contact with the holiday group ( Paynes, Webster, O'Brien, Tanner, Oldfield, Manpilly ) regarding their availability for the proposed dates for a re-enactment in Portugal. We are still awaiting response from Jeremy Wilkins.

Before they will fully commit to attending they have the following questions that they reguest are answered:-

1 - Why do the PJ want them to take part in the re-enactment?
2 - What is the aim, what are the PJ trying to achieve with the re-enactment?
3 - Why so close to the anniversary?
4 - Why don't the PJ use actors?
5 - Will the footage of the re-enactment be released to the press/TV etc?
6 - What protection is there for the friends in relation to the media coverage/likely frenzy?

Would you please speak with the Director regarding these questions and consider how you would like us to respond. I would be grateful for a prompt response as this will hopefully ensure that the witnesses are available to attend.

Yours Sincerely

Mick Graham
Detective Inspector
Major Crime Unit


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:37 pm 
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Email sent from Ricardo Paiva to Graham Michael / Stuart Prior

20 March 2008 11:56

(processo/16 - VOLUME XVIa.pdf P86,87 )
Vol. XVI p. 4216 and 4219 (4217 is the same, in Portugese)

Hello good morning Mick.

In answer to the questions raised by the holiday group regarding the re-enactment in Praia da Luz, Mr Paulo Rebelo wishes to clarify them as follows:

1 - Why do the PJ want them to take part in the re-enactment?

The PJ wants them to take partin the re-enactment because they were the ones who experienced the situation. Therefore they are in the best conditions to reproduce it.

2 - What is the aim, what are the PJ trying to achieve with the re-enactment?

The PJ is trying to find out, with accuracy, the circunstances of the events occurred, using for that purpose the exact place of events and the same persons who took part in it.

3 - Why so close to the anniversary?

Only now has the PJ contitions to carry out these procedings, and also because it is desirable that the weather conditions are as similar as possible to those at the time of the events.

4 - Why don't the PJ use actors?

The reason is because only the persons involved can clarify, with accuracy and at the same place, their position and movements.

5 - Will the footageof the re-enactment be released to the press/TV etc?

The PJ won't release any pictures/footage to the press.

6 - What protection is there for the friends in relation to the media coverage/like frenzy?

The place will be isolated and press interference will be avoided to its maximum.

The re-enactment will be carried out in one single day, at the exact time the events occurred.

However, the witnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.

Best regards.

Ricardo Paiva


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:37 pm 
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Email sent to Ricardo Paiva from Graham Michael / cc. Stuart Prior, Gary Watts, Nigel Baraclough

28 March 2008 16:33

(processo/16 - VOLUME XVIa.pdf P89 )
Vol XVI p. 4218

Dear Ricardo,

An update for you, as discussed this morning;

We have spoken on a number of ocasions with the holiday group and they are still undecided whether they will agree to attend Portugal to take part in this process.

As a group, they are waiting to see if Gerry and Kate McCann will be invited to attend and participate in the re-enactment. It is my understanding that if Gerry and Kate do not participate in this process, then the decision will be that they will not attend.

In addition, the group have stated that they would require written reassurances about how the process was going to be conducted before agreeing to attend.

Therefore, until these issues are resolved we are unable to get a firm commitment from the holiday group to attend on either of the proposed dates.

Mick


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:38 pm 
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Thanks to MCXLIII for typing up the following posts:

[Processo/16 - VOLUME XVIa.pdf P106 ]
Vol XVI p. 4237

xx xxxxxx xxxx
Exeter
Devon
xxx xxx


23rd April 2008

Re: Re-enactment of Events of 3/5/2008

Dear Stuart, Many thanks for your email, and for forwarding the reply from Senhor Rebelo. Also, thanks to you and your colleagues for arranging the re-interviews.

It is somewhat reassuring to see in writing from the PJ that there are "no suspicions over [us] regarding the commission of any criminal acts." However, we heard something similar in the weeks before Kate and Gerry were made arguidos! Additionally, the thrust of the PJ's closed questions during the re-interviews seemed only to focus on Kate and Gerry's culpability, suspicion about our written timeline or who involved the media.

After a year of lies, accusations and intrusion, I am sure that the Mr Rebelo can appreciate our complete revulsion at what Kate and Gerry have been forced to endure. Furthermore, we cannot help but feel that the re-interviews and re-enactment are all too little and far too late.

However, the last thing we would ever want is a standoff between us and the PJ, something that would only delight and benefit the press. Kate and Gerry desperately need the cloud of suspicion over them to be emphatically lifted, and the PJ need to complete their investigation. We also appreciate the legal obstacles to removing Kate and Gerry's arguido status, but would request that prior to us agreeing to the re-enactment the PJ:

• publicly dispels the damaging and disturbing lies churned out by the Portuguese press regarding alleged changes to statements, re-interviews or alleged lack of co-operation.

• publicly states there are "no suspicions over [us] regarding the commission of any criminal acts." This in no way compromises judicial secrecy.

This in no way compromises judicial secrecy. But without some official intervention on their part, a return for the re-enactment seems little more than a perfect opportunity for the press to speculate and libel us all once again.

We are very keen to help an investigation aiming to establish what's happened to Madeleine, but have no desire to assist one that seeks only to d**n our innocent friends. By actively restoring the focus on Madeleine and robustly dispelling the countless speculation, the PJ can expect our continued co- operation.

Yours sincerely,

Russell O'Brien & Jane Tanner

PS: We certainly do not request any specific reimbursement for travel or accommodation.


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:38 pm 
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[Processo/16 - VOLUME XVIa.pdf P111 ]
Vol XVI p. 4241

Paulo Fernando Gaspar Rebelo
De: Paulo Fernando Gaspar Rebelo Enviado: terça-feira, 29 de Abril de 2008 1502

Para: 'Prior Stuart'
Assunto: FW: Witnesses' Questions
De: Paulo Fernando Gaspar Rebelo Enviada: terça-feira, 29 de Abril de 2008 12:39 Para: 'Prior Stuart' Assunto: Witnesses' Questions

Dear Stuart,

In Portugal, the criminal investigation is conducted by the Polícia Judiciária, under the supervision of the Public Prosecutor's Office. The competence to evaluate the interest and need for the performance of any criminal inquiry acts lies with these two entities, not with the witnesses.

In fact, according to Portuguese law (article 132, section 1, subsection a) of the Code of Criminal Procedure), whenever a witness summons is served, the witness is compelled to attend the authorities so that any action mentioned in the summons may take place.

Following the messages sent by the witnesses, I hereby inform you that both the PJ and the Public Prosecutor responsible for the investigation consider all the questions and doubts previously raised by the witnesses to have been properly answered.

Therefore, in this context and in a clear way, the witnesses shall inform, till tomorrow noon, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation.

Best regards Paulo Rebelo
CSIC


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:38 pm 
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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


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:38 pm 
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Rachael Mampilly states in her rogatory interview, about the re-enactment:
1578 “Okay. Finally would you be available to travel to Portugal to, to take part in a re-enactment of the incidents of Friday the third of May, two thousand and seven, there are two specific periods provisionally quoted, the twenty eighth to the twenty ninth of April or the fifteenth to the sixteenth of May this year”?
Reply “Yeah I mean we could be available but erm you know we’ve expressed our reservations about going to Portugal and about the reasons for doing a re-enactment, you know in a letter to Stuart PRIOR, erm I can’t really see how you know, what the purpose of it would be nearly a year down the line, erm you know there are lots, you know there are the full details about our movements that night and what happened and you know, there’s the time line that we prepared when we were out there which we thought was gonna be helpful for the PJ, erm and you know obviously since then there are all our statements and I know times might be slightly out and you know, but not, I don’t, can’t imagine they’d be sort of materially out, erm you know to make a huge difference, erm so I don’t really see one why it needs to be done at all and two why it has to be us, erm I mean you know, asking us as a group to go back and do that when it was, you know it was such a, an horrific event and certainly you know to be sitting around that table again and sort of pretending to go back and check the rooms and it would be, it would just be awful and you know, I mean much more difficult you know for Kate and, and Jane, erm you know than me anyway, erm don’t see why they can’t do it with actors”.


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:39 pm 
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Table of Contents : Vol 16..(PDF page 57)..Page 4187—"Email to Stuart Prior re reconstruction questions from Tapas 9

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


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:39 pm 
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Table of Contents : Vol 16..(PDF page 57)..Page 4187—"Email to Stuart Prior re reconstruction questions from Tapas 9


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


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 Post subject: Re: The Cancelled Re-enactment
PostPosted: Fri Aug 21, 2009 3:39 pm 
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Table of Contents : Vol 16..(PDF page 69)..Page 4199— "Synopsis of Michael Terrence Wright’s statement 2008.04.16"


Synopsis re statement of Michael Terre(?)nce WRIGHT 16th April 2008.

Michael's wife (Anne-Marie) is the cousin of Kate MCCANN but has known her since she was about 8 years old when she used to holiday on the Isle Of Man where he used to live. He has known Gerry since 1997 when he started to go out with Kate. They now generally meet up on key family events.
The families stayed together in each others homes in 2006 and February 2007 and were planning a family holiday in the UK in June 2007.

He received a phone call around 11pm on the 3rd May from his wife's mother informing him that Madeleine had been taken from her bed. Between 10am and 11am next(?) morning..(Note : quoted as 10am and 11am that morning in text) he again spoke with Kate who wanted her parents to join them in Portugal.
Michael went out to Portugal on the 5th May and initially stayed above Kate and Gerry on the Mark Warner Complex. He returned to the UK on the 11th May but made 5 further trips to Portugal ;
14th May-18th May
8th June-13th June : with his wife and they looked after the twins when Kate and Gerry went to Morocco.
12th July-13th July : he returned with Kate and the twins to attend the Christening of his own children while Gerry was already in the UK. The MCCANN'S returned to Portugal on the 15th July.
22nd August- 1st Sept to replace the CAMERON family. Here he assisted in arranging the return of Gerry and Kate (Note : to the UK? (sic)) by booking a removal firm in Lagos in his name.
7th Sept-9th Sept : He helped clean up the Villa as the MCCANN'S with the CAMERONS and Eileen McCann returned home on the 9th September.
In August and September he stayed in Gerry and Kate's rented Villa.

Michael assisted with the running of the Madeleine Campaign and describes Gerry and Kate as distraught, and how they crumbled and sobbed when not out at official meetings or Media Conferences.

Michael was aware of the hire of the Renault Espace : he was collected from the airport by Kate on the 12th July in it and drove the vehicle regularly in August and September. He used the vehicle for shopping and to the rubbish/recycling area in Praia for the removal of gardening rubbish. He drove the twins to the beach and kiddies club and also for airport runs. Other times he would be a passenger when Gerry or Sandy Cameron would drive.

A number of refuse sites were used. Two areas on the Villa Estate, at the main entrance and at the top of the hill. A site on Cemetery Road, a site on a road above the Mark Warner Complex and a site between the Villa and the Church.
On a number of occasions he noticed an unpleasant smell in the vehicle that he put down to the twin's used nappies which had been discarded with the general waste. He was not aware of any spillages in the vehicle or anyone cleaning it.

Michael further stated that on the 6th May he purchased a large quantity of Pizza's from the Pizza Shack on the beach at Praia da Luz. The girl serving him was from Liverpool and after introductions she said her father "George" had seen a man carrying a child in the early hours of the 4th May in the resort. He is unaware if "George" has ever spoken to the Authorities.

DS 278 ADCOCK


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