OFFICIAL INQUIRY FILES and DOCUMENTS
KATE MCCANN'S STATEMENT 07 SEP 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

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
10VOLUME_Xa_Page_2553
10VOLUME_Xa_Page_2554
10VOLUME_Xa_Page_2555
10VOLUME_Xa_Page_2556

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 questions to which Kate did not respond
2562 to 2564
Pictures of 5A

TRANSLATIONS BY ALBYM

10-Processo 10 pages 2557 to 2564
10VOLUME_Xa_Page_2557
10VOLUME_Xa_Page_2558
10VOLUME_Xa_Page_2559
10VOLUME_Xa_Page_2560
10VOLUME_Xa_Page_2561
10VOLUME_Xa_Page_2562
10VOLUME_Xa_Page_2563
10VOLUME_Xa_Page_2564

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.

--- 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.


--- If she looked inside the cupboard of the couple's bedroom, she said No in response. Shown two photographs of the cupboard of her bedroom, and asked for a description of the contents, she did not respond.

--- 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']

--- 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.

--- Asked why she said from the outset that MADELEINE was kidnapped [abducted], she did not respond.

--- 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. 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.

--- Questioned when she gave the alarm in the Tapas what she said specifically, what words she used, she did not respond.

--- 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. Asked why she went to warn [inform] her friends instead of shouting from the balcony, she did not respond.

--- Asked who contacted the authorities, she did not respond. Asked who participated in the
[words missing; presumed to be ?buscas. NAo?] searches, she did not respond. Asked if anyone outside the group knew, in the following moments [at the time], of the disappearance of MADELEINE, she did not respond.

--- Asked if any female neighbour offered her assistance after the alarm of the disappearance, she did not respond.

--- Asked what the expression "we let her down" means, she did not respond.

--- Asked if JANE told her about having seen a man with a child, on that night, she did not respond.

--- Asked how the authorities were contacted and that police force was alerted, she did not respond.

--- 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. 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.
--- Asked whom she telephoned after the facts
[events], she did not respond. Asked if she called "Sky News" she did not respond. 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.
--- Asked if they requested the presence of a priest, she did not respond.
--- Asked what was the manner of divulging the face of MADELEINE, if photographs or other, she did not respond.

--- Asked if it is true that during the search she sat on her bed in her bedroom without moving, she did not respond.

--- Asked what was her behaviour during that night, she did not respond. And asked if she had managed [been able to] to sleep, she did not respond.

--- Asked if before the trip to Portugal she made a comment of [about] a bad feeling [presentiment] or bad omens, she did not respond.
--- Asked about the behaviour of MADELEINE she did not respond. Asked if she suffered from any infirmity [illness] or took medication, she did not respond. Asked what was MADELEINE's relationship with the siblings, friends and school colleagues, she did not respond.

--- Asked about her professional life, and in how many hospitals and in which she had worked, she did not respond. Being a doctor, and asked about her speciality, she did not respond. Asked about if she worked in shifts, in emergencies [the emergency section of a hospital] or other services she did not respond. If she worked every day, she did not respond. Asked if at a particular time she stopped working and why, she did not respond.

--- 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.

--- 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.

--- 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.

--- Asked if at home (England) she gave medication to the children and what kind of medication, she did not respond.

--- 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.

--- 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.

--- 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.

--- 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.
--- 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.

--- Asked if she had any responsibility or involvement in the disappearance of her daughter MADELEINE, she did not respond.

--- 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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