30 to 32 Witness statement
of Neil Berry (Holidayed at
Ocean Club) 2008.04.23
TRANSLATION BY INES
05-CARTAS ROGATORIAS UK
Pages 30 to 32
by: Neil Berry
Date: 23rd April 2008
I am the above mentioned person, resident at the address
previously provided to the police. I have previously
made two statements to the police with relation to my
holidays in Portugal in April and in May (2007). I
stayed at the Praia da Luz resort and was there at the
time of Madeleine McCanns disappearance. I travelled to
Portugal with my wife and our two children. We arrived
on Saturday 28th April 2007.
Today I received a visit from two police officers from
Leicestershire police with the purpose of clarifying
some aspects and obtaining some information if possible.
I was told that these questions came as a follow-up to a
letter of request sent by the Portuguese authorities. I
am conscious that my statement will be subject to the
Portuguese Criminal Code as well as to English law.
I was asked whether I wanted to read my original
statement in order to refresh my memory and I was
granted this authorisation.
What follows are the positive replies to the questions
that were put to me in the following order.
With relation to what I did on Thursday 3rd May 2007.
Given the time that had passed, my memory of this day is
relatively vague. I did not leave the resort during my
stay. I remember that my oldest daughter did not return
to the Mark Warner Childrens Club after lunch and that
we spent the afternoon together as a family.
At about 16.00 we were at the swimming pool bar within
the complex. It was at this time that we had a few
drinks with Raj Balu, Jayne Jensen and Anne Wiltshire,
as I testified in my statement of 8th January 2008. My
family returned to the apartment at about 17.000 and the
four of us remained at the pool bar. I must have stayed
there for another half an hour before joining my family
in the apartment. When I left Jensen and Wiltshire
remained at the bar. I do not remember whether Raj left
with me or whether he stayed at the bar. From there I
returned to my apartment and to my family.
With regard to where I took my meals and with whom:
I do not remember what we did at lunchtime on 3rd May. I
only remember about the evening. I tried to reserve a
table at the Tapas Bar for that night but it was fully
booked. I spoke about this with Raj Balu and we decided
to order a meal from the restaurant and we dined
together in our apartment, as testified in my statement
of 7th May 2007.
With regard to where I was at 18.00, whom I was with and
the fact that I was seen by a witness at this time next
to stairs and lift of block 5 of the Ocean Club:
I am not certain where I was at 18.00. It is possible
that I was already in my apartment or returning from the
bar. In order to arrive at my apartment I would walk
along the side of the pool, crossing the stairs of block
4. If I were with someone, this person would be Raj, but
as I have already said I do not remember whether I
returned with him or before him. I do not remember
having seen a lift in any of the apartment blocks. I was
not in block 5, but had to pass by it in order to arrive
at my apartment. It is possible that I was on the other
side of the street opposite block five.
With relation to one of the Ocean Club employees having
passed close by:
I do not remember having seen Ocean Club staff
collecting dirty laundry at this hour.
With relation to where I was between 18.00 and 23.00:
After I returned to the apartment I was with my wife and
children. The children went to bed at 19.00 and Raj
arrived at our apartment with his family, carrying a cot
for his son. We did not manage to set the cot up and I
went to find a member of staff. I found a Mark Warner
employee, whose name I cannot remember but she was the
girlfriend of a maintenance employee called Rob. She
accompanied us back to the apartment and managed to set
up the cot. We put Raj's child to bed and sat down to
relax and have a drink, once the children were asleep.
At about 20.00 Raj and I went to the Tapas restaurant to
place our order and wait for our meal. I think that we
had a drink while we waited. I do not remember exactly
what we ordered but I think it included red cabbage.
When we left with the meal we took the same walk back,
along the pool, crossing the road back to the apartment.
I think that our apartment was 4G.
I remember that at dinner that the McCanns were not at
the restaurant at the time that we left and we did not
see them while Raj and I were there.
Once back at the apartment we had dinner and remained
From 22.00 onwards all the events that took place were
already described in my previous statement of 7th May
2007 and i cannot add any further information, other
than that which was already added.
With regard to Rajinder Balu:
I met Raj at the welcome ceremony when we arrived at the
resort on 28th April 2007. I did not travel with him and
we had not met before. I got on well with him and later
on we discovered that our wives had both worked for the
same company. We did not normally spend the days
together, but we would meet up on some evenings to dine
and drink. Raj and I spent two evenings watching
football matches in a local bar. I do not remember any
other information or explanations that are relevant or
which could in any way help this inquiry.
VIII - Interview to NEIL BERRY
CR 2 page 112
From the Letter of Request:
VIII - Interview to NEIL BERRY, 42, MeXXXXXXXX ROXX,
Surrey, SMX 7XX. He should be subject to a buccal swab and hair
sample collection and asked the following questions :
* Do you confirm your previous statements to the British Police
* Could you provide a thorough description regarding everything
you did on 3rd May, 2007, ? Indicate time and place.
* Where did you have your meals and with whom ?
*Where were you on this day between 8.30 p.m. and 10.00 p.m. ?
* At about 6.00 p.m., in particular, where were you ? Who were
you with ?
* Considering the fact that you were seen by a witness, clarify
what you were doing at that time next to the stairs leading to
the upper floor , which are located next to the lift of Block 5
at the Ocean Club, i.e. not far from the apartment from where
Madeleine McCann went missing ?
* On that occasion, did you actually pass by an Ocean Club
employee that went there to pick up laundry ?
* If yes, what was the reaction like and why ?
* Do you know a man identified as RAJINDER BALU ? Who is he ?
From where do you know him ? Did you travel together to Portugal
? Did RAJINDER BALU travel together with his family ?
* Explain clearly all your actions on that day between 6.00 p.m.
and 11.00 p.m., namely with whom did you go to the TAPAS
RESTAURANT to get food, and the kind of food you ordered, as
well as the direction you took to go to the place where you ate.
* When exactly did you realise that a child was missing ? Where
were you then and who were you with ?
* Any further questions deemed useful, necessary or pertinent in
view of the previous replies.
* Is there any supplementary explanation that you consider
pertinent or relevant to establish the material truth ?