THE 40 QUESTIONS |
2553 to 2554
- Constitution of Arguido for Kate Healy McCann with rights in
English and Portuguese
2555 to 2556-Statement of
identity and residence for
Kate Healy McCann |
TRANSLATED BY INES |
Procedural
Rights and Duties Defendant/ "Arguido" K McCann |
10 Processos Vol X Pages 2553 to 2554 |
also
OUTROS APENSOS IX, Volume I Pages 35 to 36
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10VOLUME_Xa_Page_2553 |
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10VOLUME_Xa_Page_2554 |
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10VOLUME_Xa_Page_2555 |
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10VOLUME_Xa_Page_2556 |
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Portimao Criminal Investigation Department
Being Held as a Defendant
(Procedural rights and duties set forth in section 61 of the
Code of Criminal Procedure and Act n? 34/2004 of July 29, 2004)
Defendant: Kate Marie Healy (identified on page 58)
Date he (sic) was held a defendant: 07-09-2007
Defence counsel: Dr Carlos Pinto de Abreu, CP 9786L
Procedural rights:
- To attend those acts in the proceedings directly concerning
him.
- To be heard by the court or the investigative judge whenever
they must take a decision affecting him personally.
- Not to answer the questions asked by any entity about the
facts he is charged with and about the contents of his statement
concerning them,
- To chose a defence counsel or ask the court to assign him one
- To have a defence counsel acting on his behalf in every act of
the proceedings he participates in and to communicate with him,
even in private, when remanded in custody.
- To intervene in the inquiry, giving evidence and requesting
the investigation as he deems necessary
- To be informed of his rights by the judicial or prosecuting
authority or by the criminal police body before which he is
compelled to appear
- To appeal from unfavourable decisions taken against him, as
provided by the law.
To request legal aid at the social security customer services.
Procedural duties:
- Appear before the judge, Public Prosecution Service or the
criminal police bodies whenever required by the law and having
been duly summoned for that purpose,
- To tell the truth regarding the questions asked by a competent
authority about his identity and, whenever required by the law,
about his criminal record,
- To provide a statement of identity and residence immediately
after being held as a defendant,
- To submit himself to investigations for the gathering of
evidence and, as provided by law, to coercive measures and a
guarantee in property, ordered and performed by a competent
authority.
Warning: Section 39 of Act 34/2004 of 29 July 2004
- The defendant was informed that when neither choosing a
defence counsel, nor requesting legal aid, or in case legal aid
is not granted, he may be liable for the payment of the defence
counsels fees, as well as for the expenses he incurred with his
defence.
Having received he signs with me
Signed
The defendant
The officer
Processos Vol X
Pages 2555- 2556
Statement of identity and residence for Kate Healy McCann |
2557 to 2561 List of
48
questions to which Kate did
not respond
2562 to 2564 Pictures of
5A |
TRANSLATIONS BY ALBYM |
10-Processo 10
pages 2557 to 2564
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10VOLUME_Xa_Page_2558 |
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10VOLUME_Xa_Page_2559 |
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10VOLUME_Xa_Page_2560 |
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10VOLUME_Xa_Page_2561 |
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10VOLUME_Xa_Page_2562 |
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10VOLUME_Xa_Page_2563 |
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10VOLUME_Xa_Page_2564 |
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Kate Marie
Healy's
statement 07 Sep 07 @ 11am
Processo vol10 pages 2557-2561
AUTO FOR questioning an ARGUIDO
[Defendant]
Date: 2007/09/07 Time: 11:00 AM
Place: DIC PORTIMAO.
Officer performing: Paulo
Ferreira, Joao Carlos and Ricardo Paiva, Inspectors.
Name: KATE MARIE HEALY
Asked if she wished to respond
on the facts that are imputed, she responded:
--- That being of British
nationality she does not know Portuguese, in its oral and
written form, therefore an interpreter is present selected by
the defendant from the list provided by the Consulate, Armanda
Duarte Salbany Russell, contactable by telephone 282,48#####.
--- In this action there is also
present the representative of the defendant Dr. Carlos Pinto de
Abreu, the CP 9786L
--- She comes to the file now as
a defendant, it being explained to her the rights and duties
that assist her, along with her being subject to the TIR.
--- It is put to her the facts
about her, she said she does not wish to make statements.
01--- Asked, on May 03, 2007, at
22:00, when she entered the apartment what she saw and did,
where he looked, and what she touched
[handled],
she did not respond.
02
--- If she looked inside the
cupboard of the couple's bedroom, she said No in response.
03 --- Shown
two photographs of the cupboard of her bedroom, and asked for a
description of the contents, she did not respond.
04
--- Asked for what reason the
curtain behind the sofa in front of the side window, the
photograph of which was shown to her, is moved
[disordered],
she did not respond. She did not respond to the question if
someone
[anyone]
had passed
[had gone;
had walked]
behind that sofa.
[NOTE: ?Passed? here is a
physical movement, not metaphysical as in 'died']
05
--- Asked how much time it took
for the search that she made in the apartment after the
detection of the disappearance of her daughter MADELEINE, she
did not respond.
06
--- Asked why she said from the
outset that MADELEINE was kidnapped [abducted], she did not
respond.
07 --- On the assumption that
Madeleine had been kidnapped [abducted], why she left the twins
alone at home to go to the Tapas to give [raise] the alarm, yet
[while] the supposed kidnapper [abductor] could still be in the
apartment, she did not respond.
08 ---Why she had not asked the twins
at that time what had happened to their sister, or why she had
not asked them later, she did not respond.
09
--- Questioned when she gave the
alarm in the Tapas what she said specifically, what words she
used, she did not respond.
10
--- Asked about what happened
after giving the alarm at Tapas, she did not respond. Asked
[word missing; presumed to be
?se?]
if she had any mobile phone, with her at that moment, she did
not respond.
11 --- Asked why she went to warn [inform] her friends
instead of shouting from the balcony, she did not respond.
12
--- Asked who contacted the
authorities, she did not respond.
13 --- Asked who participated in the
[words missing; presumed to be
?buscas. NAo?] searches,
she did not respond.
14 --- Asked if anyone outside the group knew, in
the following moments [at the time], of the disappearance of
MADELEINE, she did not respond.
15 --- Asked if any female
neighbour offered her assistance after the alarm of the
disappearance, she did not respond.
16 --- Asked what the expression
"we let her down" means, she did not respond.
17 --- Asked if JANE told her about
having seen a man with a child, on that night, she did not
respond.
18 --- Asked how the authorities
were contacted and that police force was alerted, she did not
respond.
19
--- Asked, during the searches
already with the police presence [after the police arrived], in
what places she went [and] looked for MADELEINE, how and in what
way [manner], she did not respond.
20 --- Asked why the twins did not
[word missing; presumed
to be ?acordavam?]
wake up during this search, or
when they went to the floor above, she did not respond.
21
--- Asked whom she telephoned
after the facts
[events],
she did not respond.
22 ---Asked if she called "Sky News" she did not
respond.
23 --- Asked about the danger of calling the news media
alerting them of the abduction, because it could influence the
kidnapper
[abductor],
she did not respond.
24 --- Asked if they requested the
presence of a priest, she did not respond.
25
--- Asked what was the manner of
divulging the face of MADELEINE, if photographs or other, she
did not respond.
26 --- Asked if it is true that
during the search she sat on her bed in her bedroom without
moving, she did not respond.
27
--- Asked what was her behaviour
during that night, she did not respond.
28 --- And asked if she had
managed [been able to] to sleep, she did not respond.
29 --- Asked if before the trip to
Portugal she made a comment of [about] a bad feeling
[presentiment] or bad omens, she did not respond.
30
--- Asked about the behaviour of
MADELEINE she did not respond.
31 --- Asked if she suffered from any
infirmity [illness] or took medication, she did not respond.
32 --- Asked what was MADELEINE's relationship with the
siblings.
33 --- Asked what was MADELEINE's relationship with the siblings,
friends and school colleagues, she did not respond.
34 ---- Asked about her professional
life, and in how many hospitals and in which she had worked, she
did not respond.
35 --- Being a doctor, and asked about her speciality,
she did not respond.
36 --- Asked about if she worked in shifts, in
emergencies [the emergency section of a hospital] or other
services she did not respond.
37 --- If she worked every day, she did
not respond.
38 --- Asked if at a particular time she stopped working
and why, she did not respond.
39 --- Asked whether or not it is
true that the twins have difficulty sleeping, that they are
restless and that that causes her uneasiness, she did not
respond.
40 --- Asked whether or not it is
true that at certain times she felt desperate [driven to
despair; angered; exasperated] by the attitude of the children
and that that left her much disquiet [unease], she did not
respond.
41 --- Asked whether or not it is
true that in England she was thinking to deliver MADELEINE into
the custody [guardianship] of a family member, she did not
respond.
42 --- Asked if at home (England)
she gave medication to the children and what kind of medication,
she did not respond.
43 --- In this 'auto' [official
document recording an official action] there were shown several
films of canine inspections, forensic in character, where can be
seen the marking by them of indications of human cadaver smell
and blood traces also human, and solely human, as well as the
comments of the expert responsible for that inspection activity.
--- The viewing ended and after
signs of cadaver odour in her bedroom next to the cupboard and
behind the sofa against the window of the living room, she said
that she can not explain anything more than that already
mentioned.
44 --- Also signalled, now by the
dog of the detection of human blood behind the sofa mentioned
above, she said that she can not explain anything more than that
already mentioned.
45
--- Signalled the cadaver odour
in the car that they rented about one month after the
disappearance, registration 59-DA-27, she said that she can not
explain anything more than that already mentioned.
46 --- Signalled the presence of
human blood in the trunk of the same vehicle, she said that she
can not explain anything more than that already mentioned.
47
--- Confronted with the result
of the collection of DNA from MADELEINE, which analysis was
carried out by a British laboratory, from behind the sofa and
trunk of the vehicle, situations previously described, she said
that she can not explain anything more than that already
mentioned.
48 --- Asked if she had any
responsibility or involvement in the disappearance of her
daughter MADELEINE, she did not respond.
------------------------------
49 --- Asked if she is aware that
her failure to respond to the questions put in the cause of the
investigation, which seeks to know what happened to her
daughter, she replied that
yes, if the investigation so thinks.
--- Asked if she has anything to
add,
she responded negatively.
--- The floor being given to the
distinguished advocate, he said he had nothing to say [discuss]
or to request.
--- At 14H30 this interview was
ended.
And nothing more said, this
document is read thought to be correct, she ratifies and is
going to sign, together with the defence attorney and
interpreter.
E&OE
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