Processes Vol X
Pages 2679 - 2682

Portimao Public Services Ministry

201/07 GALGS

CONCLUSION – 19-09-2007


As a result of the interrogations contained on pages 2557/2560 and 2569/2576, the arguidos Kate and Gerald McCann were heard, whilst the former, in the exercise of one of her rights, opted not to make statements, her husband opted to speak.

Therefore, as regards to the arguido Kate, an eventual new interrogation would not be any advance given that her option was not to make statements, whilst in the case of the arguido Gerry a new interrogation would not be justified, at least not at the moment, taking into account that there are no new facts with which to confront him (same situation for Kate) therefore meaning that a new interrogation would not have any sense.

On the other hand, a change in the restraining orders applied to the arguidos (TIR) would suppose that the arguidos had abused the obligations imposed and other restraining orders foreseen in the CPP and admissible in the case (article 203 nº 1) together with the former article 204, could only be imposed by means of legal despatch if the following were verified: a) Fleeing or risk of fleeing, b) Risk of obstructing the course of the investigation or process instruction and namely the risk to acquiring, conserving or the veracity of evidence, or c) the risk given the nature of the circumstances of the crime or the arguido’s personality, that the latter would continue criminal activity or seriously endanger public order and tranquillity.

From the elements brought to the process it can be stated unequivocally that the arguidos did not violate any of the obligations imposed upon them by the restraining orders that were applied, according to article 196 of the CPP and on the other hand, no grounds are found to apply any other restraining order: the arguidos live in the UK at the address they indicated, as they are currently in the UK no possibility of their interference with the production of evidence, or its acquisition, conservation or veracity can be seen and finally, taking into account their current place of residence, there is no risk for the disturbance of public order and tranquillity.

There are therefore, no reasons to alter their restraining orders.

Pages 2636/2639: it is the consideration of the Policia Judiciaria, namely taking into account our communication on page 1808, indicating that the computers that were apprehended from them, should be returned at the moment when they are no longer of interest to the investigation and as means of evidence.

Pages 2661, 2667/2668 and 2678 deny the requests for consultation of the process files due to judicial secrecy (article 86 nº 3 of the CPP).

In the development of the continuing investigation into the disappearance of Madeleine McCann, the investigation being open, whether to confirm or deny its occurrence in relation to the crimes of abduction, homicide, exposure to abandonment and hiding of the body and according to defined plan, it is necessary to document the real time of the disappearance in question, establish the location of each of the intervening parties – from the McCann couple to the group of friends who were on holiday with them in the Ocean Club tourist apartments in Praia da Luz : Jane Michelle Tanner, Russel James O’Brien, Matthew David Oldfield, Rachael Mampilly, David Anthony Payne, Fiona Elaine Payne and Diane Webster – the date of the facts and posterior moments, as well as to determine the movements of the arguidos Gerald McCann and Kate Healy during the period that they were staying in Portugal, whilst also establishing the connections between all of the group members and third parties.

In this sense and because the following diligences are essential in order to discover the truth, namely the analysis of telephone traffic of the McCann couple and their friends as well as other telephone numbers that were found to be related to the facts that occurred on the night of 3rd May 2007, the files are forwarded to Mmo JIC.

Given the fact that there are suspicions of the crimes of abduction, homicide, exposure or abandonment, hiding of the body, I propose, according to the terms laid down in articles 15 nº 2 of Law 88/89 of 11 September, 187 nº1, line a and 4 and 252 A and 269 nº1 of the CPP:

1. It is requested that the three national mobile operators (TMN, Vodaphone and Optimus) should send a DVD or CD with the complete listings of telephone traffic referring to the calls received and made during the period of time between 28th April 2007 to the 9th September 2007, including cellular location and trace back as well as roaming SMS and MMS and their respective content, of the following telephone numbers:

00447786986188 – Gerald McCann
00447903108397 – Kate Healy
00447748844837 – David Payne
00447796272586 – Fiona Payne
00447790327853 – Diane Webster
00447713258795 – Russel O’Brien
00447808534191 – Jane Tanner
000447771591456 – Matthew Oldfield
00447771591461 – Rachel Mampilly
00447818520047 – unidentified telephone number which on the night of 2nd May 2007 sent 14 written SMS messages to Gerald McCann and another 4 messages on the day following the disappearance of Madeleine McCann.

2. 2. It is requested that the mobile operator TMN send a CD or DVD with the complete listings of telephone traffic referring to the calls received and made during the period of time between 20.00 on 3rd May 2007 and 12.00 on 4th May 2007,including cellular location and trace back as well as roaming SMS and MMS and their respective content, of the following telephone numbers:

969787045 – belonging to the Ocean Club reception in Praia da Luz

964098114 – belonging to the Ocean Club manager, Silvia Batista.

962093051 – belonging to the Lagos GNR post.

3. It is requested that the operator Portugal Telecom should send a DVD or CD with the complete listings of telephone traffic referring to the calls made and received during the period of time between 20.00 on 3rd May 2007 and 12.00 on 4th May 2007 for the following fixed lines:

282771000 – belonging to the Ocean Club reception.

282762809 – belonging to the Lagos GNR post.

In the meantime the existence of a laptop computer rented by Gerald McCann after the disappearance of Madeleine on 3rd May came to our knowledge, which was rented to him by Nuno Ferreira who voluntarily delivered the computer to us so that the appropriate examinations could be carried out.

I propose, according to the terms of article 189 of the CPP that the analysis of the hard disk of the laptop computer Sony, VAIO with series number 282479595001799 should be authorised.

The Public Prosecutor

Signed


José Magalhaes e Menezes


(Doc linked in TOC)