Saturday, October 30, 2010

Russell James O’Brien & The lost DVD Interview

 Russell James O’Brien was questioned on the 8th of April from 9.55 a.m. until 8.18 p.m., divided into 5 distinct time periods (9.55 – 11.30 a.m., 12.01 – 12.50 a.m., 2.06 – 3.55 p.m., 5.15 – 6.56 p.m., and 7.37 – 8.18 p.m.). Officially, all the video images of this day were rendered useless because the video camera didn’t work… which means that Enderby police wants us to believe that, even during pauses, they never verified if the interrogation was being recorded correctly. This was the official version, the one that was offered to the Portuguese authorities. Nevertheless, the truth of facts is different, and Russell O’Brien was questioned again on the 10th of April; this time the camera worked.Surname: O-BRIEN


Age: OVER 18 Date of Birth:




Telephone No:
Statement Date: 08/04/2008 Number of Pages: 1

I am the above named and I live at the address given to the police.

On Tuesday 8th April, 2008, between 09:55am and 11:30am I was interviewed by Detective Constable GIERC at Leicestershire Police Headquarters, the interview was recorded on DVD. I am able to state that what I said during that interview is an accurate account of my evidence.

On Tuesday, 8th of April 2008, between 12:01pm and 12:50pm I was interviewed by Detective Constable GIERC at Leicestershire Police Headquarters, the interview was recorded on DVD. I am able to state that what I said during that interview is an accurate account of my evidence.

On Tuesday 8th of April 2008, between 14:06 hours and 15:55 hours I was interviewed by Detective Constable GIERC at Leicestershire Police Headquarters, the interview was recorded on DVD. I am able to state that what I said during that interview is an accurate account of my evidence. During the interview I produced the following exhibits:

Sketch map ' Praia Da Luz (RJO/100)
Table Plan ' Tapas Restaurant (RJO/101)
Search Sketch ' Praia Da Luz (RJO/102)
Phone List ' (RJO/103)

On Tuesday 8th of April 2008, between 17:15 hours and 18:56 hours I was interviewed by Detective Constable GIERC at Leicestershire Police Headquarters, the interview was recorded on DVD. I am able to state that what I said during that interview is an accurate account of my evidence.

On Tuesday 8th of April 2008, between 19:37 hours and 20:18 hours I was interviewed by Detective Constable GIERC at Leicestershire Police Headquarters, the interview was recorded on DVD. I am able to state that what I said during that interview is an accurate account of my evidence.

This statement is made by myself and is true to the
best of my knowledge and belief.

Signed: RUSSELL O'BRIEN Signature witnessed by: A J GIERC DC 1578

I have previously made my statement to the Portuguese Police in relation to my holiday visit to Portugal in April-May 2007.  I stayed in the resort of Praia Da Luz and was there at the time of the disappearance of Madeleine Beth MCCANN.  I had travelled to Portugal with my wife Jane TANNER, and our two daughters Ella and Evie, also travelling with us was our friends Matthew OLDFIELD, Rachael MAMPILLY and their daughter Grace.

 We were due to meet our mutual friends over in Portugal David and Fiona PAYNE, their two daughters Lilly and Scarlett along with Fiona’s mother Dianne WEBSTER, and Kate and Gerry MCCANN and their three children Madeleine, Sean and Amelie.  We arrived in Portugal on Saturday 28th April 2007.

On the 8th April 2008 officers from Leicestershire Constabulary interviewed me in order to clarify certain points and in order for me to provide further information where possible.  The interviews were visually recorded, however I understand that due to technical difficulties the equipment failed to record.

 I have been informed that these questions arise from an official request from the Portuguese authorities.  I am aware that my statement will be subject to the Portuguese Criminal Code in addition to English Law.

I have been informed that this statement has been made from the monitoring notes which were taken at the time of the interviews being conducted.I have been given the opportunity to refresh my memory from the statement made by Jane TANNER (my wife) and I have been allowed to see these documents, this was done in the presence of DC 1578 GIERC.

 I wish to add that Jane’s statement covered our routine from the 28th April 2007-2nd May 2007 quite comprehensively and my original Portuguese statement referred to Jane’s statement, this was therefore a good point of reference for me.The following statements are answers given in response to the questions asked of me during the interviews, in the order that the questions were asked. (page 1)

We have been away before as couples and have had various conversations about going away as families, the planning took place in January 2007, this was around the time that Jane and I were moving with the girls to Exeter- 3rd January 2007.It was Fiona and David PAYNE’S idea to go away and Jane and I were more than happy for them to do the organising as we were busy with moving house.

  We had all been away on Mark Warner holiday’s before, and they seemed to be a good destination.  There were emails between us as a group, mainly exchanged with Matt and Dave, things weren’t so straight forward as we were all living in different parts of the country which made planning things very difficult.

 I am aware that David had made various requests to the Mark Warner Company and one of which was that all the apartments were to be in the same block, and preferably all to be near by to each other.I am aware that Matt had replied to an email sent by Dave, and by mistake had included Mark Warner on the same reply I recall that it said something along the lines of ‘Go Dave Go’.

 Dave is quite certain about what he expects from things, and is quite aware of his consumer rights and entitlements although it seemed to be quite trivial to me at the time.  We were aware from the various emails that the resort was quite spread out, and Dave strived to keep us all together.

  I feel that this may have been construed by Mark Warner staff as having been annoying and the staff member receiving it may have been annoyed by it, I feel that this could be looked upon badly.We flew out from Gatwick airport having stayed the night with Matt and Rachael at their home which was near to the airport.  The others flew out later the same day from East Midlands Airport.This was the first holiday that we had been on with the MC CANN family we had been away previously with the others in the group.

 We had been due to go away as couples to Majorca in 2005 but Jane had found out that she was pregnant days after we had booked the holiday, as far as I am aware our places had been given to another couple I believe by the name of Tara and Stuart GOLD.I’d describe our relationship with the couples as very good,

 I had met David PAYNE at Medical School in 1989 and we had stayed in Halls and Student Houses together, I met Fiona in 1993/1994 and was best-man at their wedding in 2003, we all went out to Tuscany in Italy for their Wedding.  I recall that Matt and Rachael were there as were Gerry and Kate.

  I met Matt in my first year as a Doctor this was in around 1994, again I was close friends with him we lived in the same house, and I was best-man at their wedding in 1999.  I have remained friends with Matt he moves around a lot and has worked in several places and countries.I would say that our relationship with Kate and Gerry MC CANN is not as close as with the other two couples,

I first met Gerry when he was speaking at a conference in Atlanta in 1999, and I recall that we both had interest in the same aspects of cardiology.  I recall that we exchanged emails with each other to discuss various aspects of our research.

 Gerry moved to the Glenfield hospital and worked in the same department as I did but I was based at the Leicester Royal Infirmary, at that time Gerry was my equivalent at Glenfield and a voice at the end of the phone- I’d say this was in 2001-2002.I’d say that we have known Kate and Gerry on a more personal level since 2002-2003 when both Kate and Jane were pregnant with Madeleine/Ella.

  At the beginning of their pregnancies they had been given a similar due date, although Madeleine was born about a month before (page 2) Ella.  Our friendship increased through Fiona and Dave, we would often see Kate and Gerry at their house on occasions.I recall that on one occasion Kate and Gerry visited us with Madeleine, I think that the girls must have been around 9months old as they were crawling.

 Other than that I don’t recall them visiting us again, I know that we have been to their house for Madeleine’s 1st and 2nd birthdays but I would say that we hadn’t spent any considerable time at the MC CANN’S home.In relation to Kate HEALY/MC CANN I have only really met her since Madeleine was born, or through our meeting with Dave and Fiona.Dianne WEBSTER is Fiona’s mother we obviously met her through Fiona and Dave PAYNE, we have been friends with them for some time meeting them at Fiona and Dave’s house.

 We have been for trips out on their boat I’d say we know Dianne quite well.As far as I am aware there were no others due to go to Portugal, I think that Dave and Fiona had thought of asking others, but Jane and I thought that nine adults were enough.

  I recall that Dave and Fiona had mentioned another couple by the name of Dave and Fiona BURLING who live somewhere in Maidenhead but I am not entirely sure whether or not they were actually asked or invited.  I am aware that Dianne was a late edition, but I am not sure when she was booked onto the holiday.

In relation to there being any group hierarchy I’d say that that wasn’t at all the case, Dave, Matt and I have all been close friends since Medical school and see each other as equals, I don’t know Gerry quite as well but there is no problem with him fitting into the group.  I am aware that Dave and Gerry know each other very well.

The flight out to Portugal on the Saturday was early it was around 08:00am we all sat together on the flight and I recall that is where I first saw Jez WILKINS, he was sat near to Matt on the aisle.

 I recall that a lot of people were speaking to one and another as people do on the plane, we landed around 10:00am and waited for the baggage, on our arrival we were met by Mark Warner staff.We were taken out of the airport and out onto the buses waiting nearby, we sat in the middle of the coach on the right hand side.  I recall that Charlotte PENNINGTON who was a nanny at Mark Warner was also sat on the bus-

 I believe that she looked after Fiona and Dave’s kids.  It was reported in the press that she had seen Kate and Gerry at the airport but I don’t see how that would have been possible as I don’t believe they had arrived by then, I believe that their flight arrived an hour or so after ours did.

Whilst we were on the bus we were given welcome packs and from what I recall we had been allocated room numbers and the packs I do not believe that it included the apartment keys (5D) but I cannot be sure.  I recall that there was also a map of the area.

When we arrived we parked near to the apartment reception and we were taken to our room around lunchtime.  I recall sending a text message to Gerry and Dave to say that we had arrived and also a text to a friend from Germany- who had tried to ring me,

 I had sent a message to tell them I was away on holiday.I recall we all went to the pool as the kids wanted to swim, it was a windy and cold I’d say it was mid afternoon time, I remember that the PAYNE’S and MC CANN’S arrived at some point whilst we were all at the pool.

 We all went to the welcome meeting at the Tapas Bar on Saturday and I think that we may have gone to another one but I cannot be sure. (page 3)I recall that they spoke about where to eat, the nannies introduced themselves and I recall that there were various people there from the sporting activities recruiting for their events/activities

.We all went to the Millennium restaurant that evening including the children it was a 10minute walk this was around 18:00-18:30hours, it was at this meal that Matt began to feel quite unwell.

 We didn’t stay out late so that we could put the children to bed as it had been a long and tiring day, Jane and I didn’t stay up particularly late as we all felt tired too.The respective apartments were as follows Dave, Fiona and Dianne 5H, empty apartment 5C, Matt and Rachael 5B- which was a smaller apartment and Kate and Gerry were in 5A.

  I believe that the apartments were allocated to fit in with the number in each individual group- as I said previously the allocations appeared to be done prior to our arrival and may have been done following Dave’s emails to Mark Warner

.I recall seeing Jez around the Mark Warner complex we didn’t speak much I hadn’t met him prior to being on the plane, I can’t recall him being on the coach from the airport but I think that he must have been on there as he was staying at the same resort.

 I don’t know what apartment he was staying in at Mark Warner, but I think it was quite near us.  I’d like to point out that we had had the occasional conversation on polite terms as well as seeing him at tennis.

Sunday 29th April 2007 I had booked into water-sports on the Saturday but I don’t think they operated on Sunday. I can’t recall exactly what I did on what day but I had booked to have windsurfing lessons and to do a bit of sailing.  My recollection now is a little poor due to the lapse in time I got up around 08:00-08:30am we had breakfast at the Millennium restaurant, we went down to the beach, played a bit of tennis- but as I’m not a brilliant player I wasn’t all that bothered about playing tennis.

We were booked into the Tapas bar, we ate there that night initially it was booked as a one off I think by Rachael as far as I am aware the table was booked for 20:30hours.

  I am aware that Rachael asked to eat there each night for the remainder of our stay this I believe was booked on the Monday morning as a block booking- the time was agreed by the group.

 Matt was unwell and I recall I went to see him, he had been suffering from a stomach upset so I can say that there were only eight adults at the Tapas bar that night.

Comment : If Paulo Rebelo is correct and all children were together, Matt babysat for Sunday evening.

The good thing about the Tapas bar was that it was quite near to the apartments, and the walk to the Millennium was quite far away, the Tapas bar was also used by the kids club for afternoon tea.Kate and Gerry weren’t so flexible about meal times as their children were in more of a routine, as were Dave and Fiona, where as Jane and I are slightly more accommodating and our children have been used to staying up late on occasions.

Comment: Confirmed in first statements the booking for the  PDL  holiday was 'half board' Once again Mark warner  Ocean Club, ONLY, has an agreement for guests to breakfast and evening meal at the Millenium.

  The bookings were made for the following week 20:30hours after the children were settled in bed.In relation to the childcare routine it was a collective decision made as a group, Dave and Fiona used their two way child monitor to monitor their children.

 Kate and Gerry made a physical check on their children.

  Matt and Rachael made a physical check on Grace. Jane and I also made a physical check on Evie and Ella.I’d like to point out that we knew that there was NOT a baby listening service, this had been picked up before our departure as there had been other inaccuracies in the brochure picked up by Dave, I believe that the brochure inaccuracies would be recorded in emails by David PAYNE. (page four)Jane and I made checks between courses, and would generally alternate the visits,

 Kate and Gerry did their checks by the clockI’m aware that initially we would only check on our own rooms but on occasions we often listened at other apartment doors or windows, and made checks on some visits

Comment: Dianne Webster said that each parent checked on their own children. The only evening this 'checking ' changed was May 3rd.

.On Sunday I recall I checked Kate and Gerry’s apartment as well as Rachael and Matt’s. I had taken Matt’s keys and I believe that their door was deadlocked the same as ours and that I would have needed to turn the key two times. 

COMMENT: Russell O'Brian has already stated Matt was ill Sunday evening and did not attend dinner at the tapas. Why then did O'Brian take Matts keys and check when accoding to O' Brian Matt was sick in his apartment.????????????

 We kept our shutters down, and the patio door was closed I am not sure whether theirs was the same.  I recall that Kate and Gerry’s apartment was accessed by the patios door which was left closed and unlocked.

Comment: O'Brian does not mention the noisy shutter that would have to be rolled back to gain entrance to this unlocked patio door.

 I recall that their front door was accessed from the car-park access was easily gained to the apartment from the poolside

.All the meals were included in the booking as was a limited choice in drinks, if anything else was ordered there may have been a need to have made an additional payment.

Comment : This is true but with the  Millenium not with the Tapas which is why they had breakfast each morning at the Millenium.

Jez Wilkins seems to think a 'Special Agreement' had been made for the group to eat at the tapas. An agreement that Paul Anthony Gordon could not come to with Ocean Club as he mentions in his statement. Therefore what was so special about this group ?

  I recall that orders may have been put onto a bar bill and paid at the end of the week.

Comment: This could have been the agreement between Ocean Club and the tapas as half board had already been included when booking the trip. Though why the good doctors were having special favours is hard to understand.

Sunday we left the restaurant early around 22:00hours the service was reasonable and quite quick, times didn’t vary all that much we may have had a drink at the bar before going back to the apartment but I cannot be sure.

Generally of an evening we would drink beer or have a few glasses of wine, generally three to four glasses, I can honestly say that no-one in our group was ever drunk.

Comment: People when on holiday relax and yes get drunk even.

 I’d say that generally we had five-six bottle of wine between the group of nine, it was a similar amount most nights.Monday 30th April 2007

 I recall I may have done some windsurfing this was just after I’d dropped Ella off at the kids club near the Ocean Club and Evie at crèche near to the Tapas bar.   I may have done some shopping but I really can’t be certain, I recall Jane, Kate and Gerry playing tennis. 

We didn’t eat out at lunchtime we generally ate with Rachael and Matt and this was in our apartment or theirs, as well as at David and Fiona’s.

Comment: Dianne Webster said she cared for the children in the afternoon after they all ate at Dave's , she took care of the children so the otheres could go and have fun.

 After Madeleine disappeared we all began eating lunch at Dave and Fiona’s apartment

Comment: Now fitting in with Diannes original statement.

.I think in the afternoon I may have been out with Matt, I had wanted to spend time as a family but Ella wanted to go to the kids club.

 Monday to Wednesday I can say that the days were all very similar and it is difficult to distinguish one from each other.  I know that on one of the evenings either Monday or Tuesday I stayed in the flat with Evie as she wasn’t well Jane brought my meals over to me this was mentioned in my first statement. 

Comment: O'Brian, another baby sitter perhaps?

 I feel that this is more likely to have been Monday as I feel that we were all together as a group on Tuesday- nine adults.

  I believe that this was when the Trivia quiz had taken place.I recall going for a sailing lesson on Tuesday and Jane went to play tennis, we collected the kids as usual around lunchtime, Kate and Gerry had lunch in their apartment as they did on most days.

  I went out in the afternoon to the beach I was with Matt and as far as I can recall we went out kayaking.

The children were in bed as usual 19:30-20:00 they appeared to be well asleep and checked that they were prior to leaving the days were generally uneventful up until Thursday 3rd May 2007.

On Wednesday Rachael was ill, we stayed out later than normal, after our meal we sat around and then moved into the bar area we stayed for around 45minutes to an hour, this was our only ‘late night’ of the holiday,

Comment: Rachael was ill and did not attend dinner, another baby sitter perhaps?

I recall we had a cocktail.  Checks were made as usual we would alternate completing the checks and this was done every half hour or so.  I listened at (page 5) the MC CANN’S apartment and believe that this was around 23:00hours, on all occasions the children were ok.

During the week I checked on some occasions and listened at others.On the 3rd May 2007 I saw Madeleine in the morning a couple of times this was when I dropped Ella off.

  I took the kids up to breakfast at the Millennium club and walked to the Ocean Club I was late getting Ella there, the kids were having a great time at the kids club and all appeared to well.I went to the flat with Evie, whilst she was resting I read a book.

 When she woke up we went outside to watch Jane play tennis I saw Madeleine at lunchtime I can’t recall if Jane or I collected Ella it’s all a bit hazy now.I recall that Jane had been having a tennis lesson also there was Kate and Rachael.

  We were watching some children have their lesson this was before lunch.  I recall that one of the guests a guy from Southampton came over his daughter was playing tennis, he wanted to take a picture but expressed to us how uncomfortable he felt in doing so- he said something similar to feeling like a pervert or a dirty old man when taking a picture of his own child, I do not wish to implicate him.

  I recall that the child was of a similar age to Madeleine and Ella.I recall that Madeleine and Ella had had a similar lesson the day before.We agreed that in this day and age taking a photograph of your own child you shouldn’t be made to feel uncomfortable, it was a horrible coincident.  I would like to stress that I do not think that this man had any involvement in Madeleine’s disappearance.

  I feel that it was a haunting coincidence.Ella went back to the kids club and I went out with Matt sailing, I Jane was looking after Evie.  Whilst I was out sailing with Matt he fell in the water, I had to sail back to save him this made the day quite memorable that and it being the best day weather wise.

 When we came back Jane was at the beach with the children, I recall that at some point around 17:00-17:30 Kate was out running she was dressed in her full running kit which was a vest and shorts- one item was grey and the other pale blue but I cannot say which way round.When Kate ran past on her run she didn’t speak to us, but she did acknowledge us as a group.

We didn’t stick to our usual routine so much that day the children stayed with us and ate their tea at the bar by the beach called the Paridiso.  Everyone was there at the beach except Kate, Gerry and their kids.

  I collected Ella from the Ocean Club before she went up to tea at the Tapas Bar,

 I cannot say whether Madeleine was there or not.It was a warm day, good afternoon I recall that I went up to the social tennis around 18:00hours with Matt I think David went to the apartment and then up to Gerry’s.

  I played tennis for around an hour to an hour and a half, Dan the tennis coach was also present, as were some other male guests and Gerry we played a mixture of singles and doubles.The kids came up with Jane,

 Fiona and Rachael from the beach, but not the MC CANN’S children I presume that they were at the apartment. 

They stayed for a short while before going back to the apartment to be bathed and put to bed.  I got back to the flat around 20:00hours as we were running late we had to take the rackets back with us.  The children were in bed Jane went down to the restaurant around 20:30-20:40hours I remained in the flat for another ten minutes or so waiting for them to settle down.

Comment: 8.30 This is when Jez saw Jane Tanner in a purple outfit.

  I went down to the Tapas bar the adults of 5H were running late as usual, David and Fiona are always late and it is a standing joke in our group.

 Around 21:00hours Matt was going over to check on Grace so he said he would chase (page 6) the Payne’s up as we were all waiting to order and we were conscious that the waiting staff wanted us to place our orders.

  I believe that he listened at the windows on his way to find the PAYNES having gone to check on Grace.

The evening was the same as evenings before Kate and Gerry were behaving entirely normally.Following Madeleine’s disappearance and subsequent search we had made a time line together this will show what time Gerry left the table.

  I don’t recall at what point but it was around 21:05 Gerry left the table was only away for a little while, Jane also went to check the children and was gone for a minute or so.  The children were ok she didn’t mention anything unusual.

  After we had eaten the starters I needed to go to the toilet so Matt and I decided we would go and check on the children.

 We walked together I recall that the light was fading I went straight to 5D I could hear Evie was murmuring.  I went into the apartment and Matt went into his.

  I went to the toilet to urinate and then started to clean up Evie and change her, Matt came into my apartment and asked if I needed any help.  It was getting darker by this time.  I said to go back and tell Jane that Evie was unwell.I sat in the lounge and read to Evie Jane came back having eaten her meal.  We stayed together in the apartment for around 5minutes.

  I went across to the Tapas restaurant this would have been around 21:45hours, Jane remained with Evie.  The group joked about Jane having been to relieve me they were all in good humour.

Comment: Kate waits until Jane is in her own apartment before raising the alarm.

 Kate left the table there was nothing significant about her leaving but I think it was a similar time to my meal arriving.

 I think that this would have been around 22:00hours, I didn’t have a watch or phone to check the time but Rachael did ask for the time and 22:00hours was mentioned.

 I know that she didn’t leave straight after me arriving back as the waiters had agreed to cook me a fresh meal.Kate returned through the reception area standing at the end of the path near the stones, and yelled over towards our table in the Tapas bar I cannot recall exactly what she yelled but it was along the lines of Maddy is missing.

 We all got up immediately except Dianne who remained at the table.  I am fairly sure on the time, I have put a great deal of thought who may have been watching us during the week, but all appeared quite normal to us, the people who would have known our routine would have been the waiters. 

I can’t recall any other people dining in the restaurant at the time, there would have been people in there but as we ate quite left they would have left during our meal.We went over to Gerry and Kate’s apartment I didn’t go in to the apartment.  I can recall it would have been a similar layout to ours, although the furniture and décor was different to ours as the apartments are leased. 

 I didn’t go into the bedroom on this occasion, but I’d imagine that there are wardrobes in there as there are in ours.  When I had been into the apartment on previous occasions it had been dark.

During the interview I drew a seating plan of the Tapas bar and who was sitting where which I have previously marked and produced as my exhibit.On the evening I was wearing brown jeans/cord style trousers, a pale blue stripe top, and Jane had taken my jumper which was blue.

Comment: It seems they are doing their best to prove Jez did not see Jane Tanner earlier in the evening wearing a purple outfit.

 The nights were quite chilly which is why Jane had my jumper I am quite use to the cold.I wish to reiterate that I joined the group at the Tapas bar 20:45 I went down to the table alone, everyone was there except the PAYNE’S and Dianne. (page seven)When I went to check the children I went to my flat first then Matt walked on to his flat 5B,

I believe that he was gone for around 60-90seconds.  Then he checked on the MC CANN’S children having left my apartment. This was the final check before Madeleine was noticed missing, nothing appeared to be unusual and there was nothing that suggested we were being watched.

When Kate raised the alarm she didn’t get to the table as the area was all enclosed, she was at the start of the path she shouted across to us.  We ran out through the reception we were all in a panic some people went into the flat I stayed outside, I then conducted a quick search of the immediate area with Matt, Dave and possibly Gerry.

  We searched a cul-de-sac area which I would describe as being a passage way at the front of the block on the car park side.  We went on to search the gardens and patios.  Then we went downhill towards the centre.  On the second search we went to the shopping centre and then towards the tennis courts.  We searched around the back of the tennis courts.

On my way back I bumped into Dave he said to me this is bad this is really bad they’ve not found her.

  We searched down to the beach I searched the East side, and Matt and Dave the West side.  We went back to 5A it was clear that panic was setting in Gerry was on the phone to a family member back home, for someone that is such a strong character he is usually so calm, decisive, confident. 

Comment: gerry on the phone to a family member telling of a broken jemmied shutter.

 He was lying on the floor in hysterics, he had a high voice crying like a baby, I didn’t know what to say.By this time we had been joined by Ocean Club staff I am aware that Fiona and Rachael had spoken to Jane.

Jane has been made to feel frustrated, like she is a sympathetic witness, a fantasist and a liar.  She feels that the P.J do not believe her.I went to Jane she was with Rachael I hugged her she said “I knew there was something odd, I knew it was strange”.  “I watched someone carrying a child”.

  She played it down Jane’s character is to be calm, composed but she wasn’t herself at this time.  She was adamant that she had seen the man, and that the child could have been Madeleine.  She feels there is a good chance she witnessed the abduction.

I know that Kate and Gerry were NOT involved at all, I saw Jane she was shaking she had a terrible realisation the she may have seen Madeleine being taken away.  We have been crying out for these interviews I have never seen Jane like this before.

We have coped- somehow we have been keen to be there to put across our feelings, we have struggled in silence, what Jane saw was suspicious she is NOT a liar, a fantasist we as a group have nothing to gain by giving false evidence or creating false leads.

I was asked who I spoke to' People in the bar at the shopping centre.  Older groups of Portuguese people near the front, and a female possibly member of staff from Mark Warner.We tried to find a picture of Madeleine Kate checked her camera but these were mainly of her at home or not such a clear picture.

Comment : What about the last picture claimed to be from the very same afternoon.?

 We found a picture of Madeleine but we couldn’t print it off.

 Cat or one of the nannies said that they had a printer and took the camera away to get some photos copied.

 A copy of the photo was given directly to the Police, someone from the Mark Warner staff made a poster- but I do not know who that was. (page eight)I am not sure who informed the authorities or media of Madeleine’s disappearance but Gerry may have informed the authorities along with Matt.

 As for the media I think Rachael called a friend who works at the BBC.I loathe the media even more so now, I have a very low opinion of them Dave was also seen keen to make use of the media and think that he may have constructed an email- but I am not sure whether that was actually sent.

 I know that there were attempts to contact the British Consulate.Searches- I searched mainly on my own, although we were all close by to each other.  The searches weren’t really planned no plans were drawn up and there wasn’t really any particular structure.  There may have been places that we missed, it was hap-hazard and panicked.  It wasn’t well organised.Leave doors/windows open-

We didn’t leave doors/windows open.  We did sit outside on Saturday along with other days on the patio, we wouldn’t have left it open once away.Checks on children- Checks made on children, we had the routine already outlined in this statement.How often- four-five checks per evening.

  Kate and Gerry checked by the clock, where as Jane and I checked between courses, I don’t have any recollection of the MC CANN’S children crying had I have heard them crying I would have checked on them.

Confirmed his mobile phone number.Number ending 678- belongs to Susan HEALY mother of Kate MC CANN, believes that the call recorded was made by Fiona Payne who had borrowed his phone due to her battery being flat.Number ending 842- belongs to Brian HEALY again cannot account for call doesn’t believe that he made or received it and may have leant the phone to Fiona.Number ending 801- his mother text message asking how holiday was going and checking on their welfare.Landline number- his parents home spoke to parents again to check on welfare as distressed and upset by Madeleine’s disappearance.

Number ending 603- Anthony NICHOLLS colleague, call made wanted to make him aware that he would be away for a longer period, but as he was also away conversation cut short, and called another colleague.I wish to clarify that I have only met Susan and Brian HEALY previously at Madeleine’s birthday parties.

 I then met them after they flew in following Madeleine’s disappearance.Clarified light beginning to fade, when Jane left the table reasonable amount of light, aware that there were street lamps in the area.  Route back from table- shutters didn’t look at them, but would have noticed if there was anything suspicious or untoward- felt that it was a loaded question.

 Inner route would take less than minute and outer route just over a minute.Clarified who made the time line handed to Portuguese officers- I had written it- both copies, in consultation with Dave and Gerry.  It was written 02:00-03:00hours in Gerry’s room.  It was my idea a form of gathering information and putting things in order.

  This was after the searches which were again conducted around 01:00-02:00hours. (page nine)Shown a typed time line typed on a lap top borrowed from female tennis coach Georgina, seven adults there when time line drawn up, then shown to the MC CANN’S afterwards for them to make any alterations or additions.

 Was written after the first weekend after Madeleine’s disappearance this was following David PAYNE’S suggestion.  It was checked against initial draft, it was a group recollection and with the groups agreement.  The document was typed on the laptop USB flash disk which was handed to the PJ when I went to complete my statement.Clarified who Dan was- Tennis coach from Mark Warner, saw him in car when conducting the search- he was in a car, and had other occupants but cannot say who.

  He went on to search area which was in darkness.

Comments- I am troubled by MURAT’S denial of being there on the night of Madeleine’s disappearance and assisting in the translations.  This has troubled me he would have an alibi had he have been honest about being there.  The statement given in Portugal are true and accurate, other people put MURAT there on the night one of those being Sylvia head of house keeping.  I would like to point out that I do not wish to change the statement given to the PJ but have reservations that the time may have been inaccurate and it may have been the following morning when I saw him.

Comment: I am troubled by O'Brian going to such extraordinary lengths to explain how he came to have the telephone number of Robert Murat on his mobile phone. I notice he does not mention this in this statement. Maybe he had forgotten such a piece of vital information.

Our statements have been previously given in good faith I am positive that he was there on the night.  What I said in my statement was right.To attend for re-enactment, no great willingness to attend suspecting Kate and Gerry or the group is very very wrong.

 How do we all move on we have been unable to defend ourselves in the press, we have been threatened, the press just magnify things, our professional status has been threatened I have had the press ringing my ward, Spanish reporters running around the hospital.

  It is unbearable.  There are various websites set up about us all we have been reported, on our lives are no longer our own.

Comment: And Maddie, what about her life? She has no life at all.

  It appears to us that the PJ are trying to nail someone in the group or Kate and Gerry for this, to us they are now doing too little too late.

Comment: They should have all been made arguidos from the outset. One good lawyer could drive a tractor through this statement.

  This all should have been done in the first 10-14days.At least now there is a genuine attempt to further their investigation, we have had so much adverse publicity, we are not hiding anything.  We would only really be willing to attend now if Kate and Gerry’s Arguidos status was relinquished, and the media be shown that they are NOT to blame for this, none of us are.

This now needs to be managed in a way that is mutually agreeable to both sides now, we don’t trust the environment we don’t feel that we would be safe going over there.  We are willing to help with the investigation, Jane is not willing to go back and I don’t think that we would be able to cope with it.

  Jane is calm and composed and able to deal with things, but how is she expected to cope with all the slating in the media.I cannot stress enough that we as a group have not been involved in Madeleine’s disappearance, we have only ever tried to help the PJ and investigating officers with the investigation into her disappearance.  If we are to be expected to return to Portugal for this re-enactment then we will need certain assurances.I wish to add that this statement may appear at time to be disjointed but these are my responses to questions posed by Leicestershire Constabulary Officers on behalf of the PJ and the MCCANN family.This statement is made by myself and is true to the best of my knowledge and belief.Signed:    RUSSELL OBRIEN    Signature witnessed by:    K HOLLIDAY 4064 WITH THANKS TO INES

Source: Pamalam

Russell O’Brien Statement July 7th 2007

Processos VOLUME VIII, pages 1945 to 1946

Witness statement of Russell James O’Brien 2007.07.11

Date: 11 July 2007; Time: 19h15; Place: Praia da Luz
Officer: Paulo F., Inspector

To the matter at hand he said:

— That he confirms the completeness of his previous declarations given in the present case, giving all of it unchanged as reproduced for this present document.

The deponent reaffirms that in truth he met Robert Murat on the night on which Madeleine disappeared. He saw him for the first time about 01h00 on 4 May near to the parking area in front of the main entrance [front door] of the apartment from which Madeleine disappeared.
That in the early hours of the morning of 4 May he was speaking with Robert Murat, having spoken about the circumstances in which Madeleine could have disappeared. He saw him several times that night given that he had stayed [remained] in the area [and] having also seen him speaking with uniformed people.

The deponent would like now to inform that at some time he was aware that Robert Murat assisted police officers [by] being the interpreter. Therefore, at some time, but already the following morning, it appeared to him, he [ROB] approached Robert Murat having asked him [RM] to give him [ROB] his [RM's] telephone number because he [ROB] considered that at some time he might need the support of that person [RM] given that he spoke Portuguese correctly. In truth Robert

Comment: Three tapas claiming to have seen Robert Murat the night of May 3rd early hours May 4th could be to simply explain away how Russell O'Brian happened to have Murats telephone number on his mobile. A simple explanation as was rumoured at the time Robert Murat and Russell O Brian were known to each other before the trip to PDL.

Murat furnished him with his mobile number which the deponent inserted into the calendar/address book of his own mobile phone. He doesn’t recall exactly the time that happened but has the idea that it was already during the morning of 4 May [i.e. it was already daylight]. In an analysis of the calendar/address book of the mobile phone by PJ officers it was verified that the number of Robert Murat was inserted there immediately before number 914…, indicated as being of David Priest.

Questioned the deponent states that David was an Anglican priest [English vicar?] with whom the deponent spoke on the morning of 4 May, and [of/from] whom he had asked his [David P.'s] telephone number. He recalls that the conversation that he had had with that vicar was accomplished [done/made] already at the end of the morning in the Ocean Club it having been on that occasion that the deponent introduced that number into his calendar/address book.

— He has no knowledge of any other facts that might assist in any way the present investigation.

— The present work was accomplished in the presence of of Mrs. Lieve Van Loock, interpreter who translated all questions and answers.

Nothing more said. Read, ratifies and will sign.

Thursday, October 28, 2010

Rachael Oldfield Statement May 15th 2007

Processos Vol V Pages 1292 – 1297
Witness Statement
Rachel Mampilly
Date: 2007-05-15
She confirms the integrity of her previous statements.
When asked, she said this was the first time she had been in Portugal. She travelled with her husband Matthew, her daughter G***e, aged 19 months. In addition to these, the group was made up of the McCann family (with three children the eldest being Madeleine) the Payne family (two children), Dianne Webster, Fiona Payne’s mother and O’Brien and his partner Jane Tanner, who also have two children.
The group was composed of nine adults and eight children.
They arrived in Portugal on Saturday 28th April, arriving at the OC in the middle of the afternoon. They flew from Gatwick to Faro. The Payne, McCann families and Diane Webster arrived an hour later by a separate flight (East Midlands – Faro).
On that evening they all went for dinner at the Millenium restaurant.

Comment : Millenium was part of the package deal, breakfast and evening meal, otherwise known as 'half board'
On the morning of the 29th, Sunday, they all went to play tennis except for Matthew because he was ill (vomiting and diarrhoea) and ROB. The children went to the Club. They all lunched in David and Fiona’s apartment. The McCanns lunched in their apartment and then went to meet the others. In the afternoon the children slept (except the McCann children) and afterwards they went to the recreation area. At 17.00 the children went for dinner. Immediately afterwards, the witness, her husband and daughter went to walk on the beach. She thinks that the McCanns remained at the recreation area near to the pool and tennis courts, as did the others. At about 20.30 when the children has been bathed and were asleep, they all went for dinner at the Tapas Restaurant, near to the pool.
The only beach they members of the group went to was the beach in P da L.
On the 29th, 30th, April, 1st, 2nd and 3rd May they always dined at the Tapas restaurant.
On Monday they were told that there was no room for all of them in the restaurant, but they obtained a special favour from a waiter and all dined together. In order to obtain this favour they said that the children were asleep and that they could not move anywhere else. For this reason, from this day onwards they would reserve a space in the restaurant (for the adults) for the following day.

Comment: If this is true they paid extra for food and did not dine each evening at the Millenium , an evening meal which had been included in the price. Rachael is the most attractive in the group of women , she may have well chatted the waiter up to arrange a sitting each evening. Waiter does not mention payment for food, only drinks paid for by credit cards. 

Ocean Club do not have any agreement with Tapas for their guests.
That on the five consecutive nights they dines at the Tapas restaurant they always followed the same ritual.
They would always begin dinner at 8.30, after the children were asleep. If one of them hadn’t fallen asleep, one member of the couple would stay until the child had fallen asleep and as soon as that happened, would go and join the others.

Comment: This is where the neglect issue comes into play. Rachael claims someone sat with the child until he or she had fallen asleep. This is more like Paulo Rebelo suggests , the children were all together, one would go and eat then return to the apartment so the other could eat. Fiona has admitted that each and every night one person was sick , this leaves plenty of room for a sitter. 'Simulating neglect' was the only way to 'simulate abduction'
Waiters have not said in any statements all nine were at  table at the same time. The table booked for nine persons , quite another matter.

This happened to ROB on Tuesday evening and he did not manage to have dinner, his partner Jane Tanner brought him his dinner in his room.

Comment: ROB the baby sitter perhaps? Tuesday? Sick but can still eat?
On Wednesday evening the witness did not go for dinner because she was feeling ill and spent the day in the apartment.

Comment: Rachaels turn to babysit? Wednesday?
On Thursday evening, for the same reason, ROB went to dinner ten minutes late.
The ritual during dinner was always the same. The Payne family used a walkie talkie to check whether their children woke up. For this reason they never left the table and were calm. This couple when they left, would always lock the windows and doors, in spite of their apartment being on the first floor.
The witness and her husband who were staying on the ground floor (5B) in a space of 20 – 30 minutes would leave the restaurant and go to the apartment, entering by the front door and checking on G***e. They always locked the door and closed the windows.
The ROB and JT couple did exactly the same as the witness. They locked the door and closed the windows.
The McCanns who were staying in 5ª on the ground floor left the patio doors closed but not locked so that every 30 minutes during dinner, one of them would check to see how the children were.
Each couple checked on their own children.

Comment: Rachael has forgotten that Matt checked on the McCanns children. And also how it was 'all change'for the night Madeleine disappeared , there was sudden concern for apartment 5a by the group of men.
She never noticed anything strange during dinner or when checking on the children.
On 3rd May, the day of Madeleine’s disappearance they all (except for the McCanns who stayed in their apartment) has breakfast at the Millenium at 08.00.

Comment: I question again if McCanns were part of this package deal and if they know the owner Ruth McCann?

Afterwards the witness took G***e to the Club. Madeleine and the twins also went to the Club that morning, as well as the other children in the group.
Matthew and ROB went to the beach. The Payne couple were also at the beach. The witness, after leaving G***e at the club went to the apartment to get ready for tennis. Also present at the tennis courts between 9.10 and 10.10 were Kate McCann, Dianne Webster and Jane Tanner. The witness’s tennis session was at 11 with Matthew after he returned from the beach. Gerry’s tennis session was at 10.00
After tennis, as usual they went to pick up the children and all had lunch in David and Fiona’s apartment apart from the McCann family.

After lunch the children went to sleep. She was not with the McCanns that afternoon until dinner time. She does not know what they did or where they were during that time.

They spent most of the time on the beach that afternoon. They saw Kate running on the beach but she did not stop and they did not speak.
All the children, except the McCann children dined at a beach restaurant at 17.30. After the children’s dinner, the men went to play tennis and the women and children watched, once again except for the McCann family (Gerry was playing tennis but she did not see Kate or the children).
Afterwards they went to bathe the children and put them to bed.
When they arrived at the restaurant at 20.45 the McCann couple was already there.
They were talking to a couple they knew from tennis, whose name she cannot remember. Jane was also there but she was not talking to them. The Payne family and Dianne arrived just after 21.00. Matthew bumped into them as he had gone to the apartment, but he did not enter, he just listened outside to see if there was any noise. He did the same at the Tanner and McCann apartments.
The window shutters of the McCann’s apartments were closed. The patio door that they used to enter the apartment also had its shutter closed. In order to enter they had to raise the shutter.

Comment: This is the first time this is mentioned, raising the shutter of the closed patio door , again metal shutters would have made a lot of noise. Would they really have gone to all this trouble when a front door key could have opened noiselessly the main door?
At about 21.00 they were all seated at the restaurant. At 21.05 Gerry went to check on his children and returned minutes later. Jane also went to heck on her children before returning.
Gerry said that he was chatting to a tennis friend called Jez about the tennis tournament that would take place the following day.
When Jane returned they began to eat dinner.
At about 21.30 Matthew and Russell went to check on their children at the same time. They offered to check on the McCann children. After checking his children Matthew went to see the McCann children. In order to do so he entered via the patio doors.

Comment: So according to Rachaels version , Matt had to roll up heavy metal shutters to enter the unlocked patio door.

 According to what her husband told her the bedroom door was ajar. He did not enter the room and therefore cannot say whether Madeleine was in the room or not. All he could confirm was that nobody was crying and the twins were there. Russell was not with him as he had stayed in his apartment because one of his children was crying.

Comment: It is a great shame polygraphs are not permitted in Portugal not one of them would have touched home base.

Matthew returned to the table and said that all was calm, except for Russell’s daughter, which is why ROB stayed with her.
In the meantime they began dinner (at that time they would be eating their starters) and after eating Jane went to Russell to see if he wanted to have dinner. It was about 21.45.

Comment: It would seem Kate waited until Jane was back in her apartment before raising the alarm.
While Russell was having dinner, Kate went to see the children. Minutes later at about 22.00 she returned to the restaurant in complete panic, saying that Madeleine had disappeared.
During that day and evening the witness had not seen anything strange.

She just says that at about 21.15 when Gerry was talking to Jez, Jane saw a man carrying a child in pyjamas, bare foot crossing road between blocks 5 and 6.

Comment: It appears the group have made this timeline for Jez Wilkins he had no idea of the time , it would seem it suited Dr.McCann to choose 9.15 pm.
According to Jane she did not see the face of the man carrying the child.
She could only tell what she saw.
When asked what the relation between the group was she says that all the men and Fiona are doctors and a friendship had built up between them because at one stage or another, they had worked together. In spite of not living in the same town they would meet up.
Fiona and David Payne are the closest to the McCann family.

Comment: This is what we are meant to believe . But it is Jane and Russell who WERE  closest to the McCanns. It is Jane and Russell who helped them that night.
It is the second time that they have been on holiday with these friends. In September 2006, they went for a week to the island of Zakynthos in Greece. However, neither the McCann family nor Diane Webster went
When asked she says that all the couples have been together for various years (between 8 and 12 years). They all have stable relationships. She does not know whether any female or male members of the group have had any other relationships between them, other than the current.

Comment: The Gaspars, if they exist ,fit in here somewhere.
She does not have any knowledge of whether any members has a parallel relationship with any other members of the group.
When asked, she says that there is no friction or conflict between those that make up the group as they are in total harmony as regards the kind of holidays they take, they all have good jobs and identical levels of living as well as having the children in common, whom they all have to look after and they try as hard as possible to do everything together.
She says that in terms of harmony and friendship the group is very close.
When asked about the characteristics of the other couples, she says that they are all persons of normal considered behaviour, and has nothing to point out.
She says that the first time she saw the suspect Robert Murat was on the night of 3rd May shortly after they had discovered Madeleine was missing. She saw him for the first time at about 23.30 in the covered area between apartments 5B and D. She thought it very strange as he seemed to be there watching, trying to be the next person to talk to the couples from the group.
That immediately, when the police arrived, he introduced himself to elements of the group, namely Russell, accompanied by the GNR, translating all the initial contacts between the group and the police.
When asked, she says that she does not know whether he entered the McCanns apartment with the police.

As regards the other people searching for the girl outside the apartment he tried to contact them directly, saying that he had a daughter of the same age as Madeleine, offering to translate whatever was necessary.
She thought this individual’s behaviour was very strange, given the intensity of his presence. In addition, all the people they contacted that night belonged to the MW resort and he stayed there, in the middle of them, without anyone knowing where he had come from. Because of her profession (personnel recruitment, interviews) she thinks she knows a bit about human behaviour, thinking it rather strange that he introduced himself in such an insistent manner.
She thinks that after this night she only saw him again on Sunday, 6th May in the morning, in the P da L church during mass.
She saw that this individual was with the police in the area for some minutes before she lost sight of him. She does not know whether he managed to enter the McCann’s apartment.
She saw him again on 11th May when he was translating some statements at the PJ in Portimao. She thinks he spoke again and wanted to draw close to her companions with great intensity, wanting to talk about his life, saying that he was carrying out work in a house in the UK, that he had a daughter of the same age as Madeleine, that she was phoning him a lot to ask how he was (which she though strange given the girl’s young age), always showing a familiarity that was out of the ordinary.
She always had the impression that this individual had strange behaviour and that he wanted to impose his presence, trying to take part in everything that was related to Madeleine’s disappearance.
She did not see him again, except for yesterday, when he was shown on various television channels as a suspect in the abduction of Madeleine. She then felt her suspicions about this individual would be confirmed, feeling bad for not having expressed them earlier to others and to the police.
Reads, ratifies, signs

Rachael Oldfield Statement May 11th 2007

Processos Volume IV 943 to 947
Witness statement of Rachel M. J. Oldfield 2007.05.11
Rachael Mampilly Oldfield 11 May 2007
An Alby translation cleaning up the google
—– She confirmed the truth of the statements made to the Police Department on 04/05/2007 and is ready to provide any additional clarifications.
—– She stayed in apartment “5B”, which is located immediately next to the apartment of the MCCANN family. That on 03/05/2007, Thursday, she rose between 06H30 and 07:00, along with her husband MATHEW and their daughter G***e of 19 months.
—– At 07H50, they went to the restaurant “MILLENNIUM”, on foot, arriving by 08.00 to have breakfast. She stated that they had been the first of the group to arrive, and, later, came David and Fiona, and two children, then RUSSEL with his children. JANE did not come because that morning she did not feel well. They took the usual route, alone, having left the apartment by the main door, which was locked, turned right, just after that a left, reaching the main road that led to the said restaurant. They took breakfast together at the same table, including the children.

—– When the breakfast was over, by 09H00, the deponent took her daughter to “nursery” next to the “tapas”, while her husband MATHEW was with RUSSEL to take his daughter E**a to “nursery” at the main reception. The witness says she returned to her apartment, did some cleaning and changed clothes as she had scheduled a tennis lesson for llH00. At 09H45 she left the apartment and went to the swimming pool area where she read a book and talked with KATE until llH10, the time at which she went to the tennis courts since the lesson was delayed slightly. At that time her husband MATHEW arrived also to play tennis until about 12.10 pm.

—– After class, they collected [took up] their daughter and went to the apartment of David Payne and FIONA, where thay had lunch all together. At 13h45, the three returned to their apartment, where they put down her daughter who slept for about two hours. The deponent went to play tennis with JANE until 15.00, while her husband MATHEW went to the balcony of RUSSEL to talk, or vice versa, she doesn’t know exactly, their apartment being located to the side of his and there is only one other apartment between the two.

—– After the game of tennis, the witness returned home to rest, her husband and RUSSEL having gone to the beach of Luz to sail. At about 15:45, her daughter having woken up, she took her to the beach of Luz in the company of DIANE, Jane, Fiona and their respective children, where they found MATHEW, RUSSEL and DAVTD. At 17H30 the children dined in one of restaurants by the beach, [she] not having detected any abnormal or strange situation.

—– By 18:30, the women and children returned from the beach in the direction of the “OCEAN CLUB” with a view to seeing their husbands play tennis, who had returned from the beach about five minutes before. Prior to going to the apartment she was with the children in the playground area, next to the “tapas”, until about 19.00.
—– Then she went to the apartment where she gave her daughter a bath, MATHEW returning at 19.15. The washed and dressed and put their daughter to bed by 19:45. The deponent and her husband took a bath, dressed and went to the restaurant “TAPAS” around 20H40. They left by the main door, which they locked, arriving at the “TAPAS” about two minutes later. She emphasized that the back door was closed and properly locked.

—– When she arrived at the restaurant there was KATE, Gerald and Jane who were talking to another couple who were not part of the group. RUSSEL had not yet arrived because he was singing the daughter to sleep, according to what she was told by JANE.

—– The deponent states that she sat more or less facing the back of the apartment and MATHEW, on the side of the table, you her left. She does not know if, from that position, he could the the back door of the apartment where Madeleine was, it being that, in her case, she could only see the top end/edge.

—– Then RUSSEL arrived and after another 10 minutes, when it would be around 20H55, the PAYNE family – David, Fiona and DIANE – arrived. About a minute before the PAYNEs arrived, her husband MATHEW got up from the table and said he was going to go, taking the opportunity [of the Payne's tardiness?] “to listen” to the children.

Comment: Dianne Webster in her statement said they did not meet with anyone from the group while heading for the tapas. Rachael claims the Paynes commented on seeing Matt.

She states that, according to those what they [the Paynes] told her, MATHEW passed them on his way out.

 After about 4 minutes, MATHEW returned to the table when they ordered the food, and said he had “listened” to his daughter and to the RUSSEL and MCCANN children, outside the front by putting his head [ear] against the shutters of the windows of their respective bedrooms and that everything was calm with the children.

Comment: This is where Dr.McCann did not 'hear' Matt had checked on his children, which according to Dianne would have been a first. Dianne said each checked on their own children.

 Both ate fish and salad, the deponent drank white wine and MATHEW [drank] red wine, she thought that, at the time, one glass each.

—– By 21.05, GERALD went see his children, and about 10 minutes later JANE left before GM had returned. A few minutes after Jane left GERALD arrived and said he had been talking to “Jez” about tennis, [she] not recalling if he said anything about the children. During this time she affirmed that no one else left the table. Two or three minutes after the arrival of Gerald, Jane arrived, [she] again not recalling whether [Jane] made any comment about her children.

—– At 21H20 they began to dine, and, at 21.30, her husband MATHEW said that he would go to see to his daughter, G***e. The witness offered to go in his place, but he did not accept. RUSSEL also stood up saying that he would also go to see his children. When they were both standing, KATE said the same, namely, that she would also go to see her children. At that point, presumably, she cannot be sure, if her husband MATHEW or RUSSEL volunteered to go to see KATE’s children, and she them that they would have to enter by the back door, which was unlocked. RUSSEL and MATHEW left at the same time. About five minutes later, MATHEW returned saying that the children were all well, and that RUSSEL had stayed in the bedroom as one of his daughters was crying.

Comment: How was anyone expected to beleive this story? Conspiracy screams at you.

—– By 21H40/21H45, when they were at dinner, Jane said that he was going to replace RUSSEL so that he could eat, since she had already eaten. About five minutes later RUSSEL returned to the table saying that his daughter E**e was sick and had vomited, [he] starting to dine afterwards.

—– About 21H55/22H00 KATE got up from the table and went alone to her apartment in order to see her children. Five to ten minutes later, she returned the table, crying, visibly shaken, saying that Madeleine had disappeared. Immediately, all of the group, except DIANE, stood up heading for the apartments, and the witness went to see if her daughter was well. Soon after, the men of the group started to do a search around the apartments in an attempt to find the child, at which time the KATE said that the window blinds of MADELEINE’s bedroom were open and, as such, she had been taken by someone.

Comment: No mention of smashed and broken shutters , this news only for the family in the UK to spread to the British press.

—– The deponent states that she did not enter the bedroom of MADELEINE, thinking that MATHEW her husband also had not done. Then, they extended the search to more distant areas, and her husband headed to the main reception to see if he could find MADELEINE there, since her “nursery” was there, that also being the place he contacted the local police authorities.

—– They continued the search with the help of more people, which resulted in nothing. Further that, about 10 minutes after KATE raised the alarm about the disappearance, the deponent was with JANE in the apartment of the latter. While talking, the JANE told her that when she came to see their children and passed Gerald talking to “Jez”, she saw a man with a child, supported in the arms, which would not be a baby and could have been more or less the age of MADELEINE. Also she said that when she saw the man, it seemed strange because he was walking very fast and had a child wearing pyjamas, without any other piece of clothing. That she questioned her [about it], JANE said to the deponent that at the time she had said nothing because she knew nothing of the disappearance of Madeleine and she had not seen the face of the child. Asked, says that, initially JANE focused more on the description of the man and, only a few days later, did she make reference to the clothes that the child would have worn, which would be pyjamas, not recalling if [when] she made a comprehensive description of clothing, especially at the color or design.

—– Questioned, she said that on Thursday, 03/05/2007, there was no body sitting at the table, strange to the group, and she does not know anyone with the name “IRWIN.”

Comment: Irwin exists and I would imagine there is a statement in the Police secret files.

—– She added that it was David Payne who organized this trip, and the apartment where she was already intended at the time she made the check in, there not having been any choice.

—– She does not have any suspicion in relation to the facts under investigation, stressing that in the holiday period preceding the day of the disappearance she did not find anything abnormal or strange.

—– Concerning the monitoring of the children every half hour, it was inspired by the system that “MARK Warner” has and that it is known as “baby listening” and she had used this service in 2006 when they stayed at a holiday resort in Greece
—– Questioned, said that no part of the group rented, or was carried in a vehicle, so movement was always made on foot, they only travelled by bus on the day of arrival, on the route between the Faro airport and the “OCEAN CLUB.”

—– She got to know the family MCCANN at the marriage of David and Fiona, in Italy in 2003, at which time MADELEINE was already 4 months old. She does not know of any enemies.

—– She has no knowledge, in addition to their group, of other friends of the family of MADELEINE, who may have been in Portugal during the period in which occurred the facts.

—– That, in the the photographs she took during this holiday, there are recorded only the various members of the group. Questioned, she states that during the holiday period she went to lunch at the apartment of David and Fiona, and that MADELEINE entered the apartment of the deponent at some time.
—– Questioned, she said that on the day they arrived, her husband MATHEW felt sick with diarrhea and vomiting, a situation that lasted until Sunday morning. Furthermore, on Wednesday, in the early morning, she also felt sick with the same symptoms.

Matthew Oldfields Statement 10.5.07

Second Statement of Matthew Oldfield

[M Oldfield's Statement 10th May
Again, there were several omissions from, and errors in, the original Portuguese. I corrected those that I found. Also, much of the Portuguese statement is written with a convoluted 'future + past' verb construct that attributes an 'uncertainty' to the words, whereas I have translated much of it in a non-literal manner to make it read more definitively. Hence, the reader must understand that neither the Portuguese nor my translation necessarily constitute the exact words spoken by Oldfield.
If you read MO's Rogatory Letter testimony you will get a sense of the difficulty the Portuguese interpreter faced when listening to this man.]
Matthew Oldfield 10 May
In respect of the McCanns (Gerald and Kate), the deponent clarifies that he has known them only for about four years, since the wedding of David and Fiona Payne which took place in the summer of 2003 in Italy.
However, he relates knowing that the McCanns already knew the other couples for some years and they had been on holiday previously with them, together with the Paynes.

(COMMENT: And of course the GASPARS. Dr.Oldfield may or may not know the couple)

He relates that, due to his friendship with the other two couples he had been on holiday in Greece for a week, and they had expected the trip to Portugal to have been similar to that week.
Asked, he clarifies that, the similarity between this and the previous occasion was that all couples were accompanied by their offspring.
Because it was asked, he relates that the McCanns had not participated in the above trip to Greece alleging to not know if, at that time, they were asked to join the group of excursionists.
Consequently, he clarifies to never have been on any trip with the McCanns except for this one to Portugal.
Regarding the present trip, and as far as he knows, the McCanns participated at the invitation of the Paynes.
He clarifies that DP personally took charge of the organisation [of this trip], in a similar manner to what he thinks happened in relation to the above mentioned trip to Greece the previous year.
In this way, it will have been this last individual [DP] who chose Portugal as the tourist destination, adding that, considering the expected climatic conditions and the time period of the holiday, Mark Warner would be the only operator available to them with a final destination of Praia da Luz.
At that time DP will have contacted the tourist operator Mark Warner with the intention to purchase tourist packages and to reserve the respective journeys.
Prompted he relates that David will have personally assumed payment of the costs of the packets of the other families, each of which amounts would be repaid to him afterwards.
In this way he relates they arrived in Portugal on 28 May adding that all would have lodging reserved in the Ocean Club Garden until 5 May – the date on which they would have returned to England.
Prompted about the motives which contributed to choose the operator Mark Warner he explains that it is usual for this operator to work with tourist complexes that possess some requisites demanded by his family and the others who make up the group, namely: sports activities with instructors (especially tennis and water sports), childrens’ activities, and restaurants within the resort enclosure in a way that they can be accessed without the need for any kind of transportation.
For the rest, he relates that the couples would give preference to resorts that have “baby listening” services available.
Pressed to define “baby listening” service he clarifies that that service can be summed up as a watching, by doing ’rounds’ of the outside of an apartment in the course of which someone checks for noise coming from the location where children are sleeping and, if noise is heard, to alert the respective parents of that situation.
Furthermore, he wishes to make clear that while making the aforementioned reservations the operator had told them that a “baby listening” service was not in place in the Ocean Club Garden.
That fact had made some of the couples – and himself in particular – reluctant to come to Portugal because all the families have minor children.
As far as he [MO] is concerned, he wishes at this time to add that, in conversation with DP on a date he does not recall with certainty but likely to have been on 7 or 8 May, he [DP] confided in him that that, at that time, KH had been particularly reluctant about coming to Portugal because she had had a bad feeling [presentiment] about the children of the group and the non-existence of the “baby sitting” service.
Nevertheless, he relates that, they had discussed this problem resolving to make the trip since the operator had assured them accommodation sufficiently close together that, collectively, they had managed to assure the checking and supervision of their respective progeny.
Consequently, David had taken charge of negotiations with the operator to have all lodgings as close to each other as possible. Nonetheless, and because he was asked, he adds that on leaving England they did not know the exact apartments which they had been allotted.

Comment: This is true as apartments are not allotted until arrival of guests, which begs the question once again the fact that two cots were already in place in Apartment 5a for the McCanns.
Nevertheless, he relates that DP had asked the operator that they be provided with lodgings in close proximity to each other because, as a group, they intended to perform that kind of checking collectively over the children of each family.
Nonetheless he admits that they were only informed of their respective apartments on arrival in Portugal.
About the inherent conditions of the travel plan subscribed to by the couples, he clarifies that they had acquired “half-board” packets – i.e., inclusive of flight, transfers, lodging, breakfast and dinner.

Comment: Matt now confirms breakfast and dinner included in the 'half board' package deal. This is the Millenium who have a contract with Ocean Club. BUT did the McCanns have the same deal?
In that sense he relates that all members of the group would eat meals in OC restaurants as follows: breakfast would be at the Millenium, situated slightly away from the residential block where they were lodged (close to the “main street, the lakes road, about 10 minutes on foot”), while dinner would be at the Tapas restaurant, situated next to the swimming pools of their residential block.

COMMENT: Ocean Club do not have a contract with  the Tapas for evening meals . Unless a special arrangement was made for them by somebody who was known to OC and did them a favour.

The sole exception to this rule would be by the McCanns who would eat breakfast in their apartment, he considering that that was done due to the fact that they had three small children and the distance between [their flat] and the Millenium. Nevertheless he wished to point out that, on the night of 28 May the group had dined at Millenium as the Tapas was closed.

Comment: They dined at the Millenium because this was part of the package, as Matt has already stated. They all had small children, Madeleine being the eldest but Matt tries to use this reason as to why the McCanns did not breakfast at the Millenium, which makes one think they did not have a package deal.
Aside from this he relates that on all other days they dined always at Tapas.
With respect to lunch, he relates that the couples usually ate it as a group in one of the four apartments, adding that the Payne’s apartment was commonly used due to its larger size.

Comment: Dianne Webster has already stated the children stayed with her after lunch so the adults could have fun.
Prompted about the dinner reservations/bookings at Tapas, he relates that the first time thay made a reservation was on Sunday, not knowing who had made it. Asked if it could have been ROB the deponent admitted that that was possible, reiterating to not know for sure who had made it.
relating to the other days, he clarifies that on Monday morning his wife undertook such reservation, adding still that it would have been for all the remaining days except for Friday, 4 May, as there was to have been a Tennis Club dinner that night.

He clarifies that the above reservation was made for nine people for 20h30.
Prompted to identify the apartment in which the four couples had been lodged, the deponent said that the McCanns were in apartment 5A; he, his wife and daughter in 5B; the O’Brien’s in 5D; and the Payne’s in 5H.
While the above all related to residential Block G, he says that the first three are situated on the ground floor, the last being on the first floor; he adds that the McCann flat was at the extreme left when accessing the block from the main entrance, and immediately adjacent to his flat; the O’B was in front of the main entrance behind the stairway used to go to the upper floors, and, lastly, the Payne flat was immediately above that of the O’Briens.
Asked about criteria for the distribution of couples between the flats as described in the preceding paragraph, he relates that Mark Warner had taken charge of the allotment of couples and flats.
For this reason, he does not know the nature of that criteria, all the more since, similar to the others, he only found out which flat he had been allotted when he arrived at the resort – the time at which they were each given the keys to their corresponding flats, one key per couple (that being a metal key, not an access card).
Nevertheless, he relates to have known that, in his particular case, he would have been allotted 5B because it is the smallest flat (with only one bedroom) as he had only one small child.
Pertaining to the routine undertaken by the four couples during the period before the disappearance of MBM, he relates that, generally, they all dedicated themselves to sporting pastimes.
In his particular case, he gave priority to water sports (such as sailing) and, then, tennis.
As for the rest, they also did various sports, pointing out that the McCanns never did any water sports.
By the way, he relates that, on a date he does not recall for sure but on one day in the past week during which it rained in PdL (thinking it was 2 May, the day before the disappearance) he went on a 40-minute run on the streets around the resort together with KM.
Asked about any time he was away from PdL he responded in the negative, stating that, the same as all others in the group, he had not done so because he had no means of transport to facilitate any such movement.
Consequently, and the question asked, he relates that none of the couples possessed a hired motor car.
Of the rest, he denied the possibility of any of them to have driven periodically any motor car that might have been provided to them by a third party, given that none of them had any friends or acquaintances residing or holidaying in the vicinity.
Prompted to outline what had happened on 3 May, the deponent the following:

- he woke up about 06h30/07h00 going to take breakfast at Millennium at 08h00 with his wife and daughter. He does not recall who [else] was with them. He knows that GM, KM and their children did not breakfast there because they always did that in their apartment.

Regarding the other group members he cannot remember who was in the Millennium that morning. He is sure that he was not accompanied by the whole group given that they were not always accompanied by the same people during this meal – thinking that only DP or ROB would have been there with their respective children.
Adding that as each day passed there were fewer group members who went there for breakfast, opting to have it in their apartments, due to the distance of the restaurant from their residences.
After breakfast he walked to the beach, arriving about 09h30 to go sailing. He knows that on that morning DP and FP were also there, not recalling if he went there with either of those individulas or if they were already there when he arrived. He was sailing until about 11h00 due to which he was late for the tennis class he had booked for that time, together with his wife.
About 12h10 he went with his wife to pick up his daughter from kids club.
Subsequently the three of them went to the Payne apartment for lunch. He clarifies that he lunched there with the Paynes, their children and mother-in-law, and with ROB and JT. He does not recall if KM and GM were there.
Later, sometime between 13h30 and 14h00, he and his family went to their apartment to put their daughter down for a sleep, remaining there until about 14h15/14h30 – the time at which he decided to go to find ROB, he also having returned to his own flat, to call him for them both to go sailing.
After their sport (sometime between 15h30 and 15h45) they both went to the beach where they met up with the rest of the group, including children, staying there until about 17h00. He clarifies that GM, KM and their children were not at the beach.
Leaving the beach they went to the beach restaurant where they fed the children while the adults limited themselves to a few drinks.
About 18h00 he, ROB and DP went to a social men’s tennis match, held in the above resort area, where they remained until about 19h00. He clarifies that when they arrived at that meeting GM was already there, with KM and her children watching the match, the rest of the women and children joining them [KM and children] later.
At 19h00 he, ROB and DP had finished the match, having then gone to their respective apartments in which they found other members of the group.
The deponent said he stayed in his apartment until 19h45 at which time, together with his wife, he went to the Tapas restaurant where GM and KM were already and, from what was said afterwards, Jane. Later, about 20h50, ROB arrived.
The deponent added that DP, FP and DW were still not present – and as he could see their apartment lights burning – he resolved to go to them, clarifying that he did not reach that apartment as those people were already on their way to the restaurant. He clarifies [further] that he met them near the living quarters, at the corner next to the main door of the McCann apartment.

Comment: Dianne in her statement said they did not meet with any of the group on the way to the Tapas. Not agreeing then with what Matt states here.
Benefiting from meeting them next to the residences, he adds that, on his own initiative, he made a “listening check” at the bedroom window of MBM and the twins at 21h05. That he limited himself to approach the bedroom window on the outside of the apartment to check if the children were crying or awake.

Comment : If Matt did not meet with them as Dianne claims, this check would be a lie. 

He adds to have not heard any noise nor perceived anything out of the ordinary. He went on to do the same check at the bedroom windows of his daughter and ROB’s daughters.

Comment : Also a lie as Dianne claimed they only checked on their own children
About 5/10 seconds after the checking he returned to the restaurant seeing that all other group members were already there. They proceeded to order dinner [immediately] after which GM went to his apartment to check his children.

Comment: Matt claims to have checked the McCanns apartment 'listening' but does not tell Dr.McCann so he leaves to check himself?
Asked if, at that instant, JT also went to her flat, he says he does not recall, adding that they were gone at the same time as each other.

Comment: was Jane ever at dinner that night?
On the other hand, he cannot be precise [about] which of the two returned first.
Nevertheless, he wishes to add that he has no idea about anyone having possibly mentioned the possibility of both having been together.
Asked why GM had gone to the apartment at that time if the deponent had been there a few minutes before, he relates that GM might not have heard him say that all was well, adding further that he had not personally checked the children at that time.

Asked if there was some agreement about checking all the children of the group he says that it was common practice for one member of each couple to stand up each 15 minutes with the objective to go to check their own child(ren).

Comment: They all say every 15 minutes, except the Mccanns who claim every 30 minutes.
Some minutes later, at 21h25, the deponent went to his apartment to do a further check, he having done that together with ROB who intended to do the same with his two girls.
At that time he offered [made himself available] to perform a check in the bedroom of MBM.

Comment : The bedroom of MBM and not the McCanns children.
Questioned about his motives for such a check, going against the prevailing/established procedure, or – why would two people have gone to check the three apartments (in this case the witness and ROB going to check their own apartments and that of GM), the deponent explained that both [men] had suggested that KM remain in the restaurant [they] assuming the responsibility of verifying the children.

Comment: If this had been the case as Matt suggests, it is then totally out of character for Kate to leave the table to check on her children.
Nonetheless, and the question asked, he relates not being able to state exactly if the suggestion was made by himself or by ROB, adding not being able to clarify why it was done, but, in the case of it having been he [MO] to make such a suggestion it would have been due to, having spent days on holiday together, [there already being] a very close friendship with the couple [allowing him] to enter their apartment.

Comment: Rubbish
That, on that occasion, ROB and he went to their own residences, to check on their own children. After leaving his apartment he went to that of ROB who opted to stay there to calm his daughter who was crying, that done with the deponent went alone to the McCann apartment. He clarifies that ROB’s daughter was ill, with vomiting.
To this end, he took the quickest route between ROB’s apartment and the side garden gate entrance to the rear patio of the McCann residence, to which he gained access through the glass sliding door into the apartment lounge. The door was closed but not locked as KM had said it would be.
That he did not enter the bedroom where MBM and the twins were sleeping. He recalls that the bedroom door was half open, making an angle of 50 degrees. He does not know how far away he was from the bedroom door. He recalls having the perception that the window curtains – green in colourwere drawn closed but could not determine if the window was closed or open. Concerning the external blinds he clarifies that he did not see if it was closed or open.

Comment: Here we have a direct lie from Matt Oldfield, the Curtains were not green . Matt Oldfield did not enter the bedroom of Madeleine McCann.

 He recalls having thought that in that bedroom there was more brightness than there was in his daughter’s room (where the external blinds were always fully closed), adding to have had the feeling that that light was coming from the outside – making the point that both were turned in the same direction.
Consequently, he admits the possibility of the light he was perceiving was owing to the blinds being raised, denying however that he was capable of assessing the height at which it may have been.
The question asked, he was sure that, at the time of his first being in the vicinity of MBM’s bedroom, reported as 21h05 in the course of which he had approached the the window of that bedroom from the outside for the purpose of an auditory check, the blinds were, in his view, fully closed.
Consequently, he is convinced that at the time of the second check the blinds were more open than on the first check, given that he considers that the light inside the bedroom, undoubtedly coming from the outside, could not have been coming through it [the blinds] if they had been fully closed.

Comment: Lies fed to him to be repeated to the police.
Following on, convinced that everything was within normality, given that he perceived no noise to make him think otherwise, and further, due to, in his mind, having managed to glimpse the two twins inside their cots, the deponent returned to the restaurant to finish dinner.
Asked, he clarifies to not have seen MBM lying on the bed in the bedroom because from where he was during the check he had no sight of that bed.

The question asked, he relates that he thinks he returned to Tapas between 21h25 and 21h30, telling the others in the group that he found everything within normality in the residential block.
The question asked, he clarifies not having told MBM’s parents the facts of having found the door half-open, estimating it about 50 degrees, and having perceived the above mentioned brightness inside [the room], he related not having done it because he didn’t attach any relevance to them [the facts].
Asked, he relates that, at that time, he rejoined the table of travelling friends, all except ROB who stayed in his apartment due to the indisposition his daughter.
The question asked, he relates that, due to the large size of the whole group, comprising nine adults (four couple and FP’s mother), the deponent and the others always occupied the same table because it was the only one that could handle so many people.
Asked, he relates that, from where that table was positioned the group would have sight of the apartments they were occupying.

Comment: We all now no this to be untrue.
Nevertheless, he admits that it was a tenuous sight considering the distance to the apartments (estimated as about 50 to 100 metres), and further, due to their vision being impaired by a transparent oilcloth [tarpaulin] that covered the area in which the tables were located.
Consequently, he admits it being possible for someone to have entered the ground-floor apartments without being detected, through [by way of] the patios that were round the back of the residential block.
Nevertheless, he relates not having perceived any movements at the rear of the McCann apartment during the last of the checks that he took part in.
Consequently, it had been an enormous surprise to receive the news of the disappearance of small MBM.
By the way, he clarifies that that news had been communicated to all the friends who were in the Tapas by KM subsequent to her having personally been to her flat to check that her children were well.
The question asked, he relates that she had gone there alone to do that at 21:50.
Noticing the disappearance KM returned in panic to the restaurant where the deponent was in order to tell her husband, GM.
The question asked, he relates being convinced that, at the time of that communication, all the group members were in the restaurant – the reason for which he supposes that ROB had rejoined them in the meantime.

Comment: Jane claims she was in her apartment when she heard the news
In view of such news all group members rushed to GM’s apartment which was accessed through the rear entrance, namely by the sliding glass door facing the pool.
Asked, he relates that when he entered the apartment, from memory, he did not approach MBM’s bedroom therefore cannot provide any details about its condition.
Asked, the deponent denies that at any time he had perceived any suspicious movements undertaken by unknown individuals (or by group members) to the date of the event or in the days that preceded it.
In the same way he relates never to have perceived suspicious movements undertaken by any motor vehicles in the vicinity of the resort where they were lodged.
by the way, he relates never to have perceived the presence of a blue light motor vehicle in the vicinity of the Ocean Club Garden.
Regarding the situation at hand, he relates to not know with absolute certainty any matters that surrounded them [the events], as well as the motivations that could have given rise to them.
In the same way, he does not know for sure the possible existence of conjugal, professional or other problems that might have possibly resulted in someone undertaking the removal [taking] of that small child.
The quaestion asked, he reiterates that during the group’s stay in PdL they had always dined at the Tapas, except for the first night when they did it at the Millenium.
On the other hand he relates that only those adults who were part of their group met for dinner at their table.
By the way, he denied that at any time did any individuals named IRWIN form part of the table, refuting equally that he had made the acquaintance of anyone so named.

Comment: Gerry McCann was also asked about Irwin and denied he invited him to their table. Possibly there is a statement in Police files held back for a future purpose.
The question asked, he relates that he entered the McCann apartment for the first [and only] time on the night of the disappearance (i.e. 3 May), and [that was] on the second check reported above, namely at 21h25.
On the other hand he points out that he was on foot for all the trips he made outside the resort, similar to all other group members.
The question asked he says that there had been no change in his sleep [sleeping pattern]. He does not recall bouts of insomnia nor of overly deep sleep.
Questioned about other changes in his health – or of his family – he recalls that the three had had intestinal problems: he on 28 April; from memory, his wife on 30 April or 1 May, and his daughter on 7 May.
Regarding the other group members he does not know if there were changes in their health.
Prompted about relationships of friendship, or other, of the deponent or other group members, with persons resident in Portigal, the witness says he knows no-one in this country and thinks the same applies to the other holidaying friends.
Also he would not know other holiday makers. He thinks that the same applies to the rest of the group members.
Asked about the drinking of alcoholic beverages by the group members the deponent admits that all the member did (including himself), admitting further that they did in quantities unusually high [for them] in virtue of them fully enjoying the holidays.
Nevertheless he relates that despite what is reported in the preceding paragraph they did not any of their cognitive faculties, adding, by way of example, that they could possibly consume about six bottles of wine.
The question asked, he relates that this was his second time in Portugal, the first occurred in 1999 when he spent a single night in Lisboa.
With respect to the other group members, he knows only that JT had been here previously on various occasions, he thinks for professional reasons, adding further that she had also visited together with ROB.

Comment: Jane Tanner had been here previously on various occasions. When Matt says here, does he mean PDL or Portugal ? Either way Jane must then have friends in Portugal.
Prompted to reveal any other things that might possibly help in understanding the events under investigation, the deponent was unable to do so, alleging a total lack of knowledge about other circumstances which might possibly have surrounded it, beyond those already reported above.
The question asked, he relates that during his stay he used the same mobile phone that he used in England.
The question asked, he relates that he used the number since 2002.
Prompted to define what he understands by “auditory check”, he clarified that it was a check in which he does not establish visual contact with the children – limiting himself to check for noises that could indicate some problems with them

Source: Pamalam