OFFICIAL INQUIRY FILES and DOCUMENTS
ANALYSIS REPORT SEPTEMBER 2007

This information belongs to the Ministério Público in Portimão, Portugal.
It was released to the public on 4 August 2008 in accordance with Portuguese Law

01 to 11 page  01 TO 14 Analysis September 2007

TRANSLATIONS BY LUZ

 02-09-Outros Apensos 02  File 09 pages 01 to 11

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SUBJECT: NUIPC 201/07.0GALGS ' Disappearance of Madeleine McCann

This report is based on a time line (resulting from the depositions made to the Pol'ia Judiciara and the 'Control Risk' by five elements of the G9, the manager of the clients support Service of Mark Warner's and by other witnesses, having a text been performed by the British analyst) and several Communications chronograms, both elaborated and sent by the Analysis Sector of the British Police that, within the police cooperation act, was in Portugal.

All the elements were analyzed and checked by this BCAI, where only one or another discrepancy was detected (between the 1st and 2nd statements of some elements of the G9)

OBJECTIVE:

Based on the traffic of SMS and phone calls, done and received, registered on the BTS (Vodafone, TMN and Optimus) that cover the area of Praia da Luz, produced by the identified mobile phones of the G9, since 07:30h of the 02/05/07 to the 24:00h of the 04/05/07, to check the testimonies and the relations between the users and others.

[NOTE: Table with G9 phone numbers suppressed]


HISTORIC

On May, 28th , 2007, coming from the Uk, arrived at the Ocean Club on Praia da Luz ' Lagos, four British couples and the mother of one feminine element of those.
The travelling and the staying of the group was organized in the Uk through the Mark Warner's Agency, the same that on the previous year had organized a travel to Greece.
The returning should occur on May the 5th.
Every couple had children with ages below 4.

COMPOSITION OF THE GROUP:

Gerald McCann + Kate Healy = Madeleine (4 y.o.) and the twins Sean and Amelie (2 y.o.)
Russell O'Brien + Jane Tanner = Ella (3 y.o.) and Evie (1 y.o.)
Mathew Oldfield + Rachael Mampilly = Grace (')
David Payne + Fiona Payne + (Dianne Webster) = Scarlett (1 y.o.) and Lilly (3 y.o. )

INFORMATION

The Place:

The apartment of the McCann at the Ocean Club is situated on the ground floor, on the East side of the building and can be accessed:

Through the front door, the same where it is situated the window of Madeleine and the twin's bedroom (photos on page 12)

Through the two glass doors, in the living room and another in the bedroom of the couple, on the opposite side of the apartment, doors that lead to a veranda, that can be accessed by a step of stairs through a small gate, coming from the lateral street. NOTE: this last access was the one most used for being closer to the restaurant.

The living room door used to remain closed but not locked, in order to be opened from the exterior.

Routines:

In a general manner the days passed at the Ocean Club by this group of friends and their sons obeyed to the following routine:

The children had their breakfast with the parents;

Once the meal was finished, they were taken to the local mini-clubs where they developed the recreational activities according to their ages;

At lunch time they returned to the parents company, at the end of which they returned to the same clubs;
During the morning and on the afternoons after leaving the children at the Kid Clubs, the parents involved into several recreational activities, namely tennis, jogging, reading, etc.;

At around 18:00h the parents went to fetch the children;

Between 19:30/20:00h, after the bath and dinner, they put them to bed/sleep;

Except on the first day, this group of friends dined at the tapas, close to the pool of the Ocean Club, where they reserved a table for nine persons;

The dinner started at around 20:30h/21:00h and prolonged until 24:00h;

By the inexistence or lack of knowledge of the parents about a supervising service for children over the period of the dinner, they took turns on supervising going to the apartments every half an hour, approximately;

This supervising was developed either by the parents or by the other, in this last case, just passing by the windows of the rooms and listening if there were cries;

THE DEPOSITIONS/DECLARATIONS

On the night of May 3, at 20:30h, the McCann were the first to arrive at the 'Tapas' restaurant. The other elements of the group kept arriving until 21:00h.

At 21:00h Mathew went to see his daughter. He listened close to rooms of the rest of the children and everything was calm.

At 21:05H/21:10H Gerald went to check his children. He entered through the sliding door and found it strange that the children's bedroom door was slightly more opened than when they went out. But he assumed that Madeleine had gotten up and gone back to bed.

He saw that Madeleine and the twins were in their beds, quiet.

He went to the bathroom and got out through the sliding doors. On the street, close to the gate, he met Jez, known from the tennis, with whom he spoke for 3 to 5 minutes.

At that moment (21:15h) coming from the restaurant to check her children, Jane passed by them.

She says that at that moment she saw, up the street, on the perpendicular, at about 10 meters, a man crossing carrying a child (see map and photo pages 50/51).

The child was in pyjamas and without shoes, but she only found strange the fact that she wasn't covered.
Only later, after learning about the colours of the pyjamas, Jane concluded that the child she says she saw held by the man could be Madeleine.

She didn't notice if the shutters of Madeleine's bedroom window were up or down.

Neither Gerald nor Jez noticed Jane's passage, nor did they see the man carrying the child.

At 21:30h Mathew got out of the 'Tapas' to go check his children. He told Kate that he would control her children also.

He entered 5A by the living room sliding door.

He found that in Madeleine's room, where the twins were also staying, there was more light than normal, it seemed that the shutters were lifted.

He didn't take notice and just looked into the room through the semi opened door.

He says that he saw the twins in their cots and that everything was calm.

Because Madeleine's bed was standing to the closest wall he was unable to see her.

At 22:00 Kate went to the apartment.

She went through the sliding doors and immediately noticed that the door to the children's bedroom was totally opened, the window was opened, the shutters raised and the curtains opened to the sides.

The twins were sleeping in their cots but Madeleine had disappeared.


TIME LINE

Taking into account the depositions of the elements of the group and others, the goal was to determine eventual contradictions and establish the moment of the disappearing of Madeleine.

From that work it was possible to conclude that:

On May the 3rd, 2007, at around 18:00h (time when she left the Kid's Club) until 22:00 h (when the mother gave the alarm), nobody but the parents ' Kate and Gerald ' saw Madeleine. From the control realized, Mathew, at 21:00h only did it from the exterior close to the shutter and at 21:30h entered the apartment but didn't check if Madeleine was there. (unless David had seen her between 18:30h and 19:00h, at Gerald's request).

Discrepancies on the declarations:

-During his first interrogation, Gerald (page 34) said that at 21:05h, when he went to the apartment to check the children, he entered through the main door; on the second inquisition (page 891) he rectified and said he entered by the sliding door that leads to the veranda.

-On his first testimony, Gerald said that Kate, at around 22:00h, went to the apartment and entered through the main door with the key. Immediately after entering noticed that the children's bedroom door was opened back, the window opened and the shutter lifted (if it had happened that way it wouldn't be after entering that such a picture would have been noticed. She would have noticed that immediately before entering since she would have passed in front of the window of her children's bedroom).

-On the second interrogation, Gerald said that Kate had entered through the sliding door.

-On her interrogation (page 58), Kate said that she entered through the sliding door.

-On the second statement, Gerald said that on May the 3rd he was playing tennis from 18:00 to 19:00h. At about 18:30h David Payne passed the court and then went home. Assuming that Payne was returning to play tennis, Gerald asked him to check on Kate and the children, if everything was alright.

-During his interrogation (page 66), Payne was not questioned about this request for it is not known if he was with Kate and the children at 18:30/19:00h.

-Mathew on his testimony (pages 52 and 905), declared that, at 21:00h, when controlling from the exterior the shutters of Madeleine's bedroom, it was shut down. But when he entered the apartment at 21:30h he said there was more light than normal in the children's bedroom; that the curtains were drawn open and that it seemed that the shutter seemed opened. (it is surprising that he hadn't found strange such a situation that should have been considered abnormal). Gerald, when Mathew returned to the restaurant and said that everything was okay, declared that he assumed that the shutter was closed.

On this way, if the child carried by the man referred by Jane was Madeleine, then, the eventual abductor (considering the limited time gap between Gerald's exit and the moment when Jane saw him) had to be in the apartment when he went there at 21:05/21:10h; even because Mathew at 21:00 had made a control from the exterior and assured that the shutters from Madeleine's bedroom were closed.

If it wasn't Madeleine, and Jane afterwards, although unintentionally, has created that conviction, the disappearance could have occurred after that time, that is, between Gerald's exit and the entrance of Mathew (21:30h), or between the exit of this last one and the arrival of Kate (22:00h).

Also because Gerald and Jez were talking at the entrance of the little side gate to the apartment, and t about 25 metres from the crossroads when the mentioned man was passing carrying the child, and they declare they didn't see neither Jane passing past them or the man.

DIAGRAM OF CONNECTIONS AND CHRONOGRAM

The data ' which were grouped into a sample of annexes ' correspond to a graphic representation of the date/hour and/or sense of the communications established between May 2nd and 5th, 2007, with origin or destination to the phones associated with the 'elements of the group', identified in the process, constituted by the coupe McCann and their seven friends (to whom we attribute the sigla G9)

Apart from the diagram of the connections that represent the contacts established (21-04-2007 to 06-05-2007) between them or with other elements not belonging to the group, a chronogram was produced for each one, taking as criteria the same period ' from 07:30 h 02-05-2007 to 24:00h 04-05-2007 ' independently of the communication having been registered only on the 3rd. When within such interval no contacts were established, as happened with Fiona Payne, no graph was realized.

In order to obtain a more ample idea, a general chronogram was developped, contemplating the communications of the whole group but only during the day of the event.

The connections diagram, where it is reflected the volume of contacts for each individual, shows the different magnitudes of the traffic between each other.

However, only crossing the diagram with the chronograms can we obtain a clearer vision in relation to the moments when the contacts were produced. At doing so it's easily perceptible that the communications under analysis are disproportionate among the members, being notorious the concentration of calls on the subsequent hours after Madeleine's disappearance. And it is also understandable that the bigger flux is aimed at the McCann.

Taking the common chronogram, there is a discrepancy between the lack of contacts in the afternoon of 03-05-2007 and the amount of communications arriving after 22:30h. The graph's configuration corresponds to the 'timeline' that synthesizes the contents of the depositions of the elements of the group: almost all were involved in activities in the open.

[']

CONCLUSIONS

The analysis we decided to do was unable, in fact, to reveal great dissonances or really pertinent questions, saving, maybe, the existence of several numbers contacted (some times insistently) by some of the intervenients and whose holder ' because the numbers do not correspond to national operators of telecommunications ' are still unidentified, an information that could, eventually, be of some utility.
Restraining this information to the McCann, once that about the others it was not detected communications that could be reputed as suspect, it is to be outlined the following:

1. Gerald (447.......), the numbers:
-447......., from this to that one, 14 SMS on the day before the facts, 02-05-2007, and more 4, on the day after the disappearance, 04-05-20057;
-447........, the only number to contact the child's father mobile phone (around 12:24h) of the afternoon of the day when she disappeared;
-441........., to which Gerry makes a long call (more than 11 minutes) around 23:40h on 03-05-2007 and to which he calls again at 00:05h, 00:13h, 00:21h, receiving a call back of 2min 28 sec. at 00:27h, the last contact registered between them;


2. Kate (4479........), the numbers:
- 447.........., the only number to contact by SMS, the mobile phone of Madeleine's mother on the afternoon of 03-05-2007, at 12:31h and 12:34h, being the following communications very short (6 secs and 29 secs) made by Gerry to his wife, after the disappearance, at 23:14h and 23:17h;
-447............., there is a register of 20 messages between this number and Kate's mobile, and also 5 phone calls during the evening and morning of 04-05-2007, at 03:07h; 03:23h; 03:28h; 08:34h and 08:52h, with the respective duration of 03 secs, 3min 4 secs; 6min and 56 secs, 1 min 1 sec and 1 min an 15 secs, the two last ones made by Kate.
-447........, from which comes, at 04:36h of 04-05-2007 one single long communication (28 min 47 secs).
-441........., 441.......... and 441.........., because they were numbers through which were maintained relatively long conversations on the early morning of 04-05-2007 (6min47sec; 9min 45sec; 11min 42 sec).
It must be remembered that none of the graphs covers the calls operated through the house phones, because they do not use the G.S.M.system of the mobile communications, and so they do not activate the antennas (BTS) whose traffic was used for the composition of these diagrams.

[']

RECOMMENDATIONS/SUGGESTIONS

In relation with the Time Line:

-In order to determine with more exactitude the period when Madeleine was not seen by anyone other but the parents (03-05-2007 ' 17h30/18h00 ' 20h00), find out if David Payne went to the apartment (at the request of Gerald) at 19h00.

-Clarify if Mathew was in the apartment 5A, at 21h30, how were the curtains, the window and the shutters in the children's room.

About the chronograms:

-Try to figure out, close to the respective authorities, the identity of the holders of each of the phone numbers mentioned above. Such elements could help clear the facts.
Policia Judiciara ' DCCB
Brigada Central de An'ise de Informa'o
(Inspectores Victor Pereira e S'gio Cruz)
Lisboa, 10.09.2007
12 to 14 brigade of information

02-09 Outros Apensos 02  File 09 pages 11 to 14

TRANSLATION FROM INES

OApenso_2_Rel_sep_07_Page_11
OApenso_2_Rel_sep_07_Page_12
OApenso_2_Rel_sep_07_Page_13
OApenso_2_Rel_sep_07_Page_14
This letter is part of the report. Translation:

Subject: Group timeline after Madeleine's disappearance


Date:14-08-2007


Dear Sirs,

This report contains a summary of the 'timeline' that shows the movements of the group after the disappearance of Madeleine McCann from apartment G5A in the Mark Warner resort in Praia da Luz on 3rd May 2007. It is centred on the McCann family and the group of friends who travelled with them on holiday to Portugal.

This 'timeline' was created based upon translations of statements made be elements of the group to the Portuguese police, from statements made in English to 'Control Risks' by five elements of the group and by Emma Knights, manager of client support services for Mark Warner, from various statements and questioning of Mark Warner staff made to the Portuguese and British police and from questioning carried out at that time.

At about 22.00 when Kate Healy returned to the apartment to check on the children, the rest of the group were at the Tapas Bar/Restaurant except for Jane Tanner, who was in her apartment G5D as, E**e, one of her children was unwell.

When Kate discovered that her daughter Madeleine was not in the apartment (G5A) she ran back to the Tapas Bar to alert the rest of the group.
Dianne Webster remained at the table whilst all the others rushed to the apartment. Gerry McCann and Kate Healy were the first to return to their apartment, where Kate had left the patio doors completely open and the twins were fast asleep in their beds.

Gerald searched the apartment and stated that the window of the children's bedroom was open and the shutter raised. He checked the shutter before continuing to search outside.

All the men from the group began to search the immediate area.

David Payne ran from the McCann's apartment towards the Millenium area. Then he turned in the direction of the church. He searched the rocky areas of the beach/coast and checked the stands and boats. He then returned to the Ocean Club reception, passing the Millenium area. David then checked the area around the walls together with Matthew Odlfield.


Russell O'Brien was in the McCanns apartment for a moment only, rushing out to search the perimeter of the apartment. Then he went to look for Madeleine with Matthew Oldfield. They went in the direction of the beach. He searched the perimeter of the tennis courts and the paths leading to the beach. Russell searched the gardens and all of the surrounding area. He searched the eastern part of the beach, zigzagging back along the roads to the McCann's apartment. All the time more people were joining in the search and Russell knew the police had been contacted.
Afterwards he searched the adjacent apartments to the east of Kate and Gerry along the Rua da Ramalhete and more apartments to the east. On some occasions David Payne was with him.

When Matthew saw that Madeleine was not in the apartment, he went to the 24 hours reception to ask them to telephone the police. Matthew spent most of the night searching the neighbouring areas for Madeleine without success. Matthew searched the road between the apartment and the cr'he. He searched between the apartment and the Millenium restaurant, also along the beach and finally a cemetery as well as the road leading back to the apartment. Part of this search was carried out with David Payne and Russell O'Brien and part was carried out alone. Matthew talked to an Indian insurance salesman and saw Nathan, the director of the beach concession.

Fiona Payne was the only woman from the group to help in the searches. Fiona searched the periphery of the complex ' one search, which she made alone. When she returned she spent the rest of the night with Kate.

After waiting at the restaurant table for five minutes, Dianne Webster went to the McCann's apartment where she entered the children's bedroom and saw Kate with the twins. Kate insisted on the fact that the window and shutters were open when she saw the children, Dianne went outside to see if she could raise the shutter from the outside and found it to be impossible. Dianne stayed in the McCann's apartment for about 5 minutes and then returned to the restaurant to fetch her bag, the McCann's camera and the baby monitor. She then immediately returned to the McCann's apartment. Gerry and Kate were in the apartment as well as Fiona. Fiona asked Dianne to stay with Lily and Scarlet to check that they were ok. Dianne returned to the Payne apartment and stayed there for the rest of the night.

Rachel Mampilly went to see her own daughter before going to meet Jane in her apartment. When they talked Jane told her that when she had gone to check on the children she saw Gerry and Jez talking together as well as a man carrying a child. Jane told Rachel that she had not said anything at the time because nobody knew that Madeleine had gone missing and she had not seen the child's face.


Summary

It is difficult to confirm where all the elements were in the minutes/ hours after the discovery that Madeleine was missing. It appears that most of the women remained within or near the apartments, Fiona Payne left and searched around the complex, before returning to the McCann's apartment where she stayed with Kate. Then Emma Knights (client support director) searched the beach area and asked Kate what Madeleine had been wearing. Shortly afterwards Emma returned to the McCann's apartment and stayed with Kate.

The men's movements, however, are more difficult to pinpoint.

Gerald was seen and spoken to by Neil Berry and Raj Malu. They heard him calling for Madeleine when they were sitting on Neil's balcony, not far from the McCann's apartment. They both went down to talk to Gerald and helped in the search.

Both David Payne and Matthew Oldfield were seen by Emma Knights when she was on her way to the beach, the search area to which she was assigned by Lyndsey Johnson (child care director and search coordinator).

At about 01.00 Matthew was with John Hill (resort manager) when they knocked on Jeremy Wilkins's door to ask if he had seen anything.

At about 23.30 a white fair haired man aged about 30, one of the friends of the McCann group was seen by Valerie Kerr and her family when he asked them if they had seen Madeleine. They were near to the chapel. Valerie and Laura returned to their apartment, changed clothes and went to help with the search.


Conclusion

In the confusion following the disappearance of Madeleine it would be possible that one of the men or Fiona Payne 'escaped' to join in the searches again later.

Analyst 7792 Eaton

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