Processos Vol VIII

Pages 2068 – 2070

From Inspector Joao Carlos
4th Brigade
Portimao DIC

To: The Coordinator of the Criminal Investigation


With regard to the new elements brought to the process files in the reports of the sniffer dogs search, based upon the report by Mark Harrison, it could be supposed that the child Madeleine McCann could have died inside apartment 5 A, where she was on holiday with her parents and siblings at the Ocean Club, Praia da Luz, Lagos.

This sniffer dog report states the markings of the dogs, in sites inside the apartment where the missing girl was staying, or cadaver odour and human blood, it already having been established that no death had occurred previously in the apartment.

From point a) of the report we can infer which were the places where cadaver odour was signalled as well as the presence of human blood remains. Also, from point f) we observe that cadaver odour was detected in the garden alongside apartment 5 A. It was not signalled in the other rooms.

In order to examine this situation in greater depth, which could be developed by new means of proof, I request authorisation for voice registers, namely the placing of a listening system, within legal bounds, in two different places:

1. Rua das Flores nº 27, Villa Vista do Mar, Luz (the current residence of the McCann family in Praia da Luz).
2. The rental car used by the McCann family, Renault Scenic, number plate 59-DA-27.

In addition to this and of equal importance, we ask that you suggest the issuing of search warrants to the Public Ministry Magistrate, for the current residence of the McCann family and the car they are using, as this legal instrument is of particular relevance to the investigation and could enable the gathering of new elements/indications.

1. Rua das Flores nº 27, Villa Vista do Mar, Luz (the current residence of the McCann family in Praia da Luz).
2. The rental car used by the McCann family, Renault Scenic, number plate 59-DA-27.


I bring the information for your consideration so that you can determine what would be appropriate.

Portimao 1st August 2007.

Signed

Inspector Joao Carlos


Page 2070

Handwritten note, saying the request will be furthered to the Magistrate of the Public Ministry and to the court of Comarca.

Processos Vol VIII

Page 2136 (copy on page 2138)


From the Public Ministry, Lagos


Behaviour susceptible of including the crimes of homicide and hiding of a cadaver is being investigated, according to articles nº 131 and 254 of the CPP.

Therefore, and considering the existence of indications that would substantiate a strong suspicion that inside the vehicle that the McCanns were using, there could be elements of proof (instrumental and direct) of the practice of the crimes that are being investigated in the case and that are susceptible to being of fundamental importance for the objectives of the inquiry.

Therefore, based upon the suggestion of the PJ, I authorise, on the basis of articles nº 174, 176, 178 and 267 of the CPP, the carrying out of search and apprehension of objects and other elements of proof related to the objective of the process:

- in the vehicle Renault Scenic, number plate 59-DA-27.

To this effect I will sign the warrants which should be delivered to the PJ for compliance.

Duration: 10 Days.

Afterwards deliver the files and warrants to the PJ.

Signed

The Deputy Prosecutor

With thanks to Albym

Processos Vol VIII
Pages 2097-2098

Official document of search and seizure.

Inspector: Joao Carlos
Date: 02 August 2007
Place: Rua das Flores, 27
Officers: Tavares de Almeida, Vitor Matos, Joao Carlos, Carlos Dordonnat, Carla Brito (Interpreter)
Consent given by: Gerry McCann

Legal formalities having been observed a search was undertaken.
The following describes in detail the number and quality of papers or detected objects, and the exact place of the same with the seizure declaration and indication of how they were packed up:
- The present search was started at 18h00.
- The residence comprised: entrance hall; a WC (01) on the left; twins' bedroom; visitors' bedroom with WC en suite; master bedroom [bedroom of the couple]; lounge; dining area; WC and kitchen.
- All outside rooms [annexes] searched nothing was seized.

- OBJECTS FOR EXAMINATION
1. One (01) pink cloth toy, with yellow paws and ears and blue label, make "cuddle cat", with a third in wood and a green band, alluding to Fatima, that was found in the lounge on top of a large chair [armchair].
-
2. Clothes, shoes, bags [hand-bags; suitcases] and travel bags [knapsacks] that were packed as follows:
- Lounge, two boxes.
- Master bedroom, two boxes.
- Twins' bedroom, one suitcase.
- Visitors' bedroom, one suitcase.
-
3. Various papers.
- One bible, bedside table of the master bedroom.
- Two diaries and a notepad that was found in the cupboard of the master bedroom.
- On pair of latex gloves, that was found in a drawer of a bedside table of the visitors' bedroom.
- There being nothing more to record, the present activity was ended at 20h30.
- This document is drawn up to ratify the truth of the above and it is going to be duly signed.

Signed

(Gerry McCann's is one of the signatures)

Docs linked into TOC.

Processos Vol VIII
Page 2098

Photo of cuddlecat with rosary (accompanies previous report).

http://www.mccannpjfiles.co.uk/PJ/08_VO ... osseso.jpg

(Linked in TOC).

Processos Vol VIII

Page 2125

From: Inspector Joao Carlos


TERMS OF DELIVERY

On 3rd August 2007 in Praia da Luz, Gerald McCann, resident in Rua das Flores 27 appeared before me Joao Carlos and Inspector Freitas according to written dispatch…and we returned the following items to him:

1. One soft toy, made of pink coloured material, make Cuddle Cut with a wooden rosary and a green ribbon.
2. Four boxes containing clothes, shoes, suitcases and travel bags.
3. Two suitcases containing clothes, shoes, suitcases and travel bags.
4. One Bible.
5. Two diaries.
6. One note pad.
7. One pair of rubber gloves.

The present Terms of Delivery were elaborated and will be signed.

Signed

Gerald McCann


(Doc linked in TOC)

Processos Vol VIII

Pages 2085 – 2086

Ministry of Justice

Lagos Court


SEARCH WARRANT

In Triplicate

Case: 201.070 GALGS

Inquiry – Legal Acts

Date: 2nd August 2007

Subject: Search Warrant – Valid for 20 days with strict observance of the proceedings laid down in articles n 176 – 177 of the CPP. Competence of the Lagos Judge.

Dr Anjos Frias, Judge of the Lagos Court

ORDERS that according to the terms of articles 174 n 2, 176 n1, 177 n|1, 177n1, 296 n1 of the Penal Process Code a SEARCH will be made of the premises identified below, if necessary with forced entry whilst observing the legal formalities foreseen in articles 176 and 177 of the CPP, for the EFFECTIVE APPREHENSION of all elements that could clarify the investigation and instruction process according to the terms of article 178 of the same code.

The search should include the entire property, even the part occupied by people other than the suspects, including annexes and rented areas.

Before proceeding to effect the search, copy of the dispatch attached determining who had access to the place, mentioning that they can be present during the search and be accompanied or substituted by someone of confidence will be delivered. If the persons in reference are not present, copy of the dispatch can be delivered where possible to a family member, neighbour, caretaker or whoever acts as substitute, article 176, n 1 and 2 of the CPP.

All information will be included in the process files.

Location of Inquiry:

“McCann family residence”, respective garages and annexes, situated in Vista Mar, Luz Parque, Praia da Luz, if necessary with forced entry.

Signed and sealed

Judge Anjos Frias


(Doc linked in TOC)