Friday, February 17, 2012

Kate McCann - Arguida Statement


Asked if I wanted to respond on the facts that you are charged, said: ----------

------ What is of British nationality unknown to English in its oral and written form, so this is an interpreter for the defendant indicated in the list provided by the Consulate, Armanda Duarte Salbany Russell, contactable by telephone 282,48#####. ----------

------ This act is also present the representative of the defendant Dr. Carlos Pinto de Abreu, the CP 9786L

------ Come to the file now as a defendant, and it explained the rights and duties that assist, and subject to the IRR.

------ Posta informed of the facts on which you fall, said not wish to make statements.

------ Asked on May 03, 2007, by 22:00, when entered the apartment and saw what they did, where he sought and handling, did not respond.

------ If tried in the locker room of the couple, did not respond. Displayed two photographs of the closet of his room, and asked for a description of the contents, did not respond.

------ Asked why the purdah behind the sofa opposite side of the window, whose photograph was displayed it is stirred, did not respond. Did not answer the question if someone went behind the couch.

------ Wondered how long it took the search was in the apartment after the detection of the disappearance of her daughter MADELEINE, did not respond.

------ Ask why I said from the outset that the kidnapped MADELEINE was not answered.

------ On the assumption that Madeleine had been kidnapped, because the twins left alone at home to go to Tapas give or alarm, because the alleged kidnapper might still be in the apartment, did not respond. Why not asked to twins at that time what had happened to his sister, or because they are asked later, did not respond.

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

------ Questions about what happened after giving the alarm at Tapas, did not respond. Asked if had any phone, I can at that time, did not respond. Peguntada was because warn their friends rather than shouting from the balcony, did not respond.

------ Ask who contacted the authorities, did not respond. Asked who participated in the (blank) responded. Asked if anyone outside the group got to know, at times thereafter, the disappearance of MADELEINE, did not respond.

------ Asked if any nearby offered assistance after the disappearance of alarm, no response.

------ Ask what the words mean "we let her down", did not respond.

------ JANE asked whether he reported having seen a man with a child, that night, did not respond.

------ Ask how the authorities were contacted and that police force was warned, did not respond.

------ Questions, during searches already with the police presence, where local MADELEINE was sought as to what form, did not respond. Asked why the twins did not (blank) during this search, or when they were in the top floor, did not respond.

------ Questions for those who telephoned after the facts, did not respond. Asked to be called the "Sky News" has not responded. Questions about the danger of connecting to the media alerting them of abduction, because it could influence the kidnapper, did not respond.

------ Asked asked if the presence of a priest, did not respond.

------ Asked about how to disseminate the face of MADELEINE, where photographs or other, did not respond.

------ Ask if it is true that during the search was sitting in his bed in his room without moving, did not respond.

------ Asked about his behavior during that night, did not respond. And asked if able to sleep, did not respond.

------ Asked if before the trip to Portugal made a comment from a feeling or bad omens, did not respond.

------ Prompted for the behavior of MADELEINE not answered. Asked if she suffers from any illness or take medication, did not respond. Asked which MADELEINE's relationship with siblings, friends and colleagues from school, did not respond.

------ Asked about their professional lives, and how many hospitals and at what worked, did not respond. As medical, and asked what his specialty, did not respond. Questions about whether working in shifts in emergencies or other services did not respond. If you worked every day, did not respond. Asked one time if not stopped working and why, did not respond.

------ Asked whether or not it is true that the children have difficulty sleeping twins, who are restless and that it causes uneasiness, did not respond. Asked whether or not it is true that at certain times felt by the desperate attitude of the kids that left much to restlessness, did not respond.

------ Asked whether or not it is true that at certain times felt desperate for the behavior of their children and that the left much restlessness, did not respond.

------ Asked whether or not it is true that in England came to think of MADELEINE surrender the custody of a family, did not respond.

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

------ In this self you were shown several films Inspection cinot├ęcnica with forensic character, where you can observe the marking on their part for indications of human cadaveric smell blood traces and also human, and only in human nature, as well as the comments of the expert responsible for the investigation.

------ After viewing and further signs of the body odor in your room next to the closet and behind the couch handkerchief to the window of the living room, said he can not explain anything more than already mentioned.

------ Also noted, now the dog for the detection of human blood behind the couch above, said he can not explain anything more than already mentioned.

------ Noted the smell of corpses from the car that rented for about one month after the disappearance, registration 59-DA-27, said he can not explain anything more than already mentioned.

------ Attention to the presence of human blood in the trunk of the vehicle, said he can not explain anything more than already mentioned.

------ Faced with the outcome of the collection of DNA from MADELEINE, whose analysis was carried out by a British laboratory, behind the couch and trunk of the vehicle, situations described above, said he can not explain anything more than has already said .

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

------ Asked if is aware that failure to respond to questions calls into question the research, which seeks to know what happened to her daughter, replied that yes, if the investigation does so.

------ Asked if you have anything to add, replied negatively.

------ Given the floor to the distinguished advocate, it said nothing Tuesday to plead or requires.

------ By 14H30 was given for ending this interview.

And most did not say.
Read this thought as the self, ratified and will sign, along with Defensor and Interpreter.


Note on this date Kate was heard as a witness in the proceedings and was therefore prepared to answer questions.
But on the following day, when named arguida, as we can see, refused to make any statement when the police wished to put the damning evidence they had to her.
They had to make her an arguida before doing this, so that she had safeguards enshrined in law, the right to a lawyer and the right to remain silent, clearly by the nature of the questions above, they were directly accusing her of being involved in a crime by putting the evidence to her and therefore could no longer just treat her as a witness.
It is also noteworthy that both before and after this time, via their lawyers Kate and Gerry requested that they be made "assistants" in the investigation which would have meant that they could have disclosure of the police file.
This was consistently refused, as we know they had already instructed lawyers to start working on their defence before even being made arguidos. Not the actions or behaviour of innocent parents. (Viv)
Source : Research by VIV - Blog Justice for Maddie and the Twins

(from DVD)

September 6/2007 3pm at Portimao

Of British nationality, cannot speak or write Portuguese, therefore an interpreter is present taken from a list provided by the Consulate, ADSR.

Also present Carlos Pinto de Abreu, attorney.

KMH confirms all of what was stated before the Policy on May 4, 2007, the day following the events under investigation.

When asked about May 1, 2007 (holiday), she says that on that day they left the apartment around 8:30PM, the same time that was repeated every night.
This time was marked at the restaurant as the beginning of dinner, except Saturday, arrival day, when they had dinner at the Millenium.
On this day, May 1, the children were asleep, as she put them to bed around 7:15/7:30 and was sure they were sleeping.

They arrived at the Tapas around 8:31, taking the direct route, i.e. left by the verandah door, went down to the road and entered the secondary reception of the complex.
As they left by the verandah door, this door remained closed but not locked, as this is only possible from the inside.
The curtains were closed.

When they arrived at the Tapas, she thinks that nobody from the group was there, but is not sure.

During dinner, every half hour they went to the apartment to check on the children.
This was done by KM and Gerry.
Does not remember if on this night any of their friends went to the apartment.
States that Russell was not present during dinner, so his wife Jane, or somebody took him dinner to the flat.

Finished dinner around 11 PM, and together with Gerry, left for the apartment.

She thinks they went to the flat four times: Gerry twice and she twice. Approx. 9,9:30, 10, and 10:30PM.
When asked about the fact her daughter had been crying on the night of the Tuesday for one hour and 15 minutes, between 10:30 and 11:45, she says it is not true.
She says that on that night, after midnight, Madeleine went to their room and said that her sister Amelie was crying, and slept with her and Gerry in their room.
She says that before Madeleine appeared in their room, she had already heard Amelie crying, however she did not go to the room, as Madeleine went to the room almost at the same time she head the crying.
She does not remember if afterwards she or Gerry went to the childrens’ room, however she states that Amelie cried for a short time.

She says that on that night the twins slept in the room where Madeleine slept, each in their own crib.

Regarding the layout of the apartment, she says that on the first day the moved the furniture: they moved the two cribs out of their room and put them in another, where the children were to sleep; they separated the two twin beds in this room.
They also joined the two single beds that were in their room. She presumes that the cribs, when in their room, remained at the foot of the beds.

She also says that when she arrived there weren’t two but three cribs in the same place, one was lent to the Payne family.
When shown a diagram of the room (attached), she said the cribs were located at point A, chair B at point C, and the cribs in Madeleine’s room were placed horizontally.

Regarding cleaning, this was provided by the complex on Mondays and Wednesdays.
This was never modified, and it is not true that a crib was in her room or in a room other than Madeleine’s.
She also says that after the day they arrived, April 28, this was the layout of the furniture and this was not altered during the forthcoming days.

When asked if she ever slept in Madeleine’s room, she says that this happened on the Wednesday, because she was annoyed with Gerry.
He ignored her after dinner when they went to the Tapas bar, which only happened that day.
She decided to retaliate by sleeping in the other room, in the bed next to the window.
She doesn’t know if Gerry realized this because he was sleeping when she left, and if in fact her husband was aware of this, he made no comment.

Regarding this night she says that none of the children cried, she would have noticed as she was in the room.
Regarding the fact that Madeleine on the next morning, Thursday, during breakfast said to both of them that she had been crying and that nobody had come to her room, she presumes that this crying must have been before she and Gerry returned to the apartment.
When she asked Madeleine about this however, the child gave no importance to the matter.
On this night they also checked on the children every half hour; however she thinks that 45 minutes had gone by from the time of the last check to when they arrived, as exceptionally they went to the Tapas bar.
On this day she thinks that Gerry arrived at the apartment around 23:50 and she arrived 5 minutes afterwards.
She went to sleep in Madeleine’s room 15/20 minutes afterwards.
Before this she spent a few minutes in her bed next to Gerry’s.

(From reading her previous statement, mainly lines 34-40 it can be understood that on the Wednesday night she slept in the couple’s bedroom, but that did not happen since she slept in Madeleine’s room.)

When asked if Madeleine slept in their room, she says yes, as mentioned, on the Tuesday night.

When asked about the schedule of her children she says that in England Madeleine slept in a room by herself and the twins slept in another room.
At home the twins go to bed between 7 and 7.30 PM, Madeleine half an hour later.
During the holidays, the three children went to bed at 7:30PM.
She says that during the holidays it is relatively easy to put the three children to sleep when they had not slept during the day and were tired after the day’s activities.
When on holiday the twins and Madeleine went to sleep at the same time.
They never went out to eat unless the three were actually asleep.
Normally when they left the apartment the three children had been asleep close to 1 hour.
With the exception of what has been described above, during the holidays, she does not remember if any of the children was awake during the night.
However, in England Madeleine sometimes woke up during the night, around 2 – 2:30 AM and went to her parents.
During holidays it was normal for the children to be awake by 7:30/8:00, in England, at home, they would normally wake between 7 and 7:30 AM.

Regarding a British custom of having a behaviour chart for the children, she says that she has several notes about Madeleine because with some regularity she gets up during the night.
This situation was reported from April 2006 up to her birthday that same year, when she stopped having this problem.
These notes correspond to the stars given on the nights Madeleine did not get up and go to her parents’ room.
When she had 20 stars she got a present and if she woke up at night and did not stay in her bed, she did not get a star.

During these holidays Madeleine usually slept clutching a soft toy, a pink cat, and sometimes wrapped in a pink blanket.
Sometimes she slept on top of the bedcover and at other times was covered with it.
When shown a photo of Madeleine’s room and bed, she recognizes the soft toy and the blanket of the same colour.

The interview was stopped at 5PM for a rest period, to be recommenced at 5:15 PM.

On May 3 they all woke between 7;30 and 8:00 AM; doesn’t know who woke first.
They washed the children and had breakfast at the apartment between 08:00 and 08:30 AM.
Food bought by her and Gerry at Baptista supermarket.
Previously they’d had breakfast at the Millenium, but as it was so far they’d decided to have breakfast at the apartment.
During breakfast the “crying episode”, already described, took place.
She noticed a stain, supposedly of tea, on Madeleine’s pijama top, which she washed a little later that same morning.
She hung it to dry on a small stand, and it was dry by the afternoon.
Madeleine sometimes drank tea; the stain did not appear during breakfast, maybe it happened another day, as Madeleine did not have tea the previous night and the stain was dry.

After breakfast they got dressed and left the apartment by the main door.
All children went walking.
The verandah door was closed and locked; she doesn’t know whether the main door was locked or unlocked.

After leaving the apartment they left the twins at the creche next to the Tapas; at the same time she supposes that Gerry took Madeleine to the creche next to the 24-hour reception area.

Once the children had been delivered, they went to the tennis courts for a scheduled tennis lesson.
Kate’s group lesson was at 9:15, Gerry’s an hour later.
She doesn’t know what Gerry did during that free hour; she presumes he went to the apartment.
When her lesson ended at 10:15, she went to the recreation area next to the swimming pool to talk to Russell until Gerry’s lesson was over.
Afterwards, she is not sure, they went back together to the apartment until close to 12:15 when she went to Madeleine’s creche to pick her up, together with Fiona Payne.
She signed the register and went to the twins’ creche with the intention of picking them up, she thought she would meet Gerry there, not knowing if he already had the twins with him.
Together with the three children they went to the apartment for lunch, with food bought at the supermarket.
This would be around 12:35/12:40.
They ate sandwiches, mainly she and Gerry, and the children maybe ate pasta.
Lunch lasted around 20 minutes.
After finishing lunch they stayed for a while at the apartment, then they went to the recreation area next to the pool, as the children were somewhat restless, maybe tired or bored.
They remained at this area an hour, maybe more, then they left the twins at the creche next to the Tapas and both of them took Madeleine to the other creche.
They went via a path in front of the small reception and then through gardens and stairs, taking a short cut.
This route was the one mentioned by Gerry.

After leaving Madeleine around 2:50 PM, they both had, this one time, an individual tennis lesson just for the two of them, and as the court was empty, they began hitting some b*lls until it was time for their lesson.

She doesn’t remember if they were wearing appropriate clothes or if they went to the apartment to change.

The lesson ended an hour afterwards, close to 4:30PM.
Gerry continued playing tennis with a guest called Jxxxxn who belonged to his tennis group, while she went for a jog along the beach, for around half an hour.
She saw the others of the group, children and grownups; she was disappointed as nobody had told her they were going to the beach and Madeleine would have loved to have gone with them.
She cannot confirm whether she went to the apartment between the tennis game and the jog.

When she finished jogging, around 5:20/5:30PM she went to the Tapas area.
Gerry was there, as well as the twins and Madeleine who were eating at separate tables.
Madeleine had been taken to the Tapas by the nannies.
Her parents were required to sign the register when the meal was over.
 During the meal Kate asked Madeleine if she was sad because the other children in the group had gone to the beach without her: she replied that she wasn’t, but was rather tired.
She asked Kate to carry her back to the apartment. Kate agreed, and Gerry led the twins back to the apartment.
Tiredness was due to the intense daily activities, not to any sickness.

They arrived at the apartment around 5:40PM, earlier than usual, because Madeleine was tired, their other friends were at the beach and Gerry had an all-male tennis game at 6:00PM.
At the flat they both bathed the children, and close to 6:00PM Gerry went to the tennis courts, soon after the children had finished their bath.
They entered the apartment by the main door, with the key.
She does not know if it was locked, and presumes it was Gerry who opened it.
At lunch time they also entered by the same door.

After the children’s bath, already alone, she put pijamas and nappies on the twins, gave them each a glass of milk and biscuits.
Before bathing the children and because it was early, they had thought of taking them to the recreation area, but then decided against this because of tiredness.

While the children were eating and looking at some books, Kate had a shower which lasted around 5 minutes.
After showering, at around 6:30/6:40PM and while she was getting dry, she heard somebody knocking at the verandah door.
She wrapped herself in a towel and went to see who it was.
This door was closed but not locked as Gerry had left by this door.
She confirmed it was David Payne, because he called out and had opened the door slightly.
David’s visit was to help her to take the children to the recreation area.
When David returned from the beach he was with Gerry at the tennis courts, and it was Gerry who asked him to help Kate with taking the children to the recreation area, which had been arranged but did not take place.
David was at the apartment for around 30 seconds, he didn’t actually enter the flat, he remained at the verandah door.
According to her he then left for the tennis courts where Gerry was.
The time was around 6:30-6:40PM.

After David left, Kate dressed and sat with the children, Madeleine on her lap.
She was wearing a top, she doesn’t remember what colour it was, a green long-sleeved t-shirt, blue denim pants.
Trainers (tennis shoes) and white socks.

She read a story to the children in the living room, on the sofa in front of the door to the verandah, identified on the diagram with the letter D.
At 7:00 PM Gerry arrived and entered via the verandah door.
He sat on the sofa identified with letter E. Doesn’t know if the story was finished, but thinks she was sitting on the sofa.

She doesn’t remember having changed the layout of the furniture in the living room, the sofas, the table or others.
She says that the sofa (letter E) supposedly was against the side window, because she doesn’t remember anyone having gone behind it.
She does not know if this window was open or closed, she does not remember it ever being open, or of it being watched.

After Gerry arrived the children went to wash their teeth and she then read them another story, this time all four of them sitting on Madeleine’s bed.
She thinks that Gerry entered the room, but does not recall him sitting on the bed.
During the story Madeleine was lying on the pillow, alert and paying attention to the story.
After both twins kissed Madeleine, she thinks that Gerry was in the room, and each (Kate and Gerry) placed a twin in its crib at the same time, between Madeleine’s bed and the bed next to the window.
They also kissed Madeleine, who was lying down.
She was under the covers, she thinks because she was a bit cold.
She normally clutched the soft toy and if she wasn’t holding it then it was next to her, on the left.
She remained lying down on her left side, with the soft toy and a pink blanket, to cover her.
The twins were laid down on their backs, covered with open weave blankets.
She says that she doesn’t know if the children were in the same positions when they left the apartment.

It was around 7:15PM when they put the children to bed and checked they were sleeping, she says she is sure of this.

As the children were asleep, she dried her hair and put on make up.
Gerry maybe had a shower and they sat on one of the sofas in the living room, she doesn’t know which.
 She had a glass of wine, poured by Gerry, and he had wine or beer. The wine was from New Zealand, white.

Gerry was wearing blue denim trousers and trainers (tennis shoes). She doesn’t remember what else he was wearing.

They talked while they drank.
 Around 8:30-8:35 they left for the Tapas restaurant.
Before leaving they checked on the children, she doesn’t know who; however Gerry says it was him.
She only knows the children were quiet.
She doesn’t know if they were in their same positions.
 She says she is sure that they were asleep, because Gerry told her all was quiet.

They left by the verandah door, which they left closed but not locked.
Main door was closed but not locked. She thinks it could be opened from the inside but not from the outside.
She thinks she was wearing a cream coloured polar fleece with a zip, and on top a blue raincoat also with a zip.
As regards Gerry, she doesn’t know if he was wearing other items of clothing.

With respect to the objects she says they took with them: their mobile phones.
Gerry might have taken a wallet with money.
Not sure if they took a camera.

Regarding the apartment: windows were closed but she doesn’t know if they were locked.
Verandah window closed but not locked, curtains closed.
The second window in the living room was probably closed, she did not touch it and does not know if the blinds were closed.
The kitchen window was probably closed but with the blinds open as there was light in the kitchen.

The window in Madeleine’s room remained closed, but she doesn’t know if it was locked, blinds and curtains drawn.
The window remained like this since the first day, night and day.
She never opened it.
If somebody saw the window blinds in Madeleine’s room open, it was not Kate who opened them, she never saw them open.

The window in Kate’s room was closed and she admits they used the blinds, because Gerry broke them and they were repaired on the Monday; the incident occurred on Sunday.

Before they left she took some precautions: put the medicine inside a bag with a clasp in her room inside the wardrobe or the dresser.
These were Calpol (paracetamol) and Nurofen (Ibuprofen), for fevers and pains, both for adults and children (liquid form for children).
In this bag there was also a small pair of scissors.
 In the kitchen were cutting elements used to prepare the meals and which were not put out of sight.
During their trips it was normal for them to take these medicines.
During these holidays she never gave any medicine to her children, nor did Gerry.
She now says that Gerry took medicine for acidity called Losec (omeprozole) which they also possessed.

The interview was stopped at around 8PM for a rest period and food; it was recommenced at 10:00PM.

Kate says that on the 3rd they left the apartment leaving the children sleeping.
Knowing that Madeleine sometimes woke and got up, she did not worry about leaving her alone, because when this happened, and it wasn’t always, it was around 2 – 3 AM at which time they would be back in the apartment.

They left the apartment between 8:30-8:35PM, and headed straight for the Tapas where they arrived 1 minute later maximum.
None of the group were at the Tapas because they were usually the first to arrive, but she isn’t sure this was the case every night.
There was a couple there who they knew, S and C xxxx who belonged to Gerry’s tennis group.
They talked with them for a few moments before sitting down.
Meanwhile, while they talked to S and C the rest of their group arrived and sat down at a round table, where they sat every day.
Order of arrival: Kate and Gerry, Jane alone, Mathew and Rachel, Russell, and then she thinks David, Fiona and Diane.
She makes a sketch of the table and says that both she and Gerry were not facing the apartments. Sketch attached.

Dinner began around 9PM, and she thinks the nine adults were at the table. She ate steak and maybe sardines. Drank white wine and water.

She doesn’t know if anyone took photographs that night, however she thinks that Rachel took photos on one of the nights.
Fiona also took some photos but she thinks it was probably another night.
She doesn’t know whether Fiona had a camera with her that night.
She remembers hearing a comment that night about a camera being forgotten, but she doesn’t know who said this or who the camera belonged to.

Gerry was the first one to check on the children, this was decided on the spot, close to 9-9:05PM.
He got up from the table and entered the apartment through the verandah door.
He came back to the table after 10 minutes; he implied that the children were asleep.
He’d met a tennis friend by the name of Jez, with whom he had a chat.
During this check, she thinks that Gerry did not check on the children of any other couple, because it was usual just to check on their own children.
 She never checked on any other child, other than her two.

At 9:30PM she got up to go and check on her children at the same time as Mathew, who said he was going to check on his daughter Grace in apartment 5B and could check on her children.
She hesitated, however he said not to worry he was going anyway.

After less than 10 minutes Mathew returned to the Tapas, saying all was quiet.
At that moment she did not ask him if he went inside the apartment, however she assumed he had checked on her children, entering by the verandah door which was closed but not locked.

Aside from Matt, she does not remember if anyone else got up from the table.

At 10PM she got up from the table, as it was her turn after having been replaced by Matt.
She entered the apartment by the verandah door which was closed, but as already said, not locked.

At this moment, and because it was so late, 11 PM, the interview was interrupted and will be continued tomorrow morning.

She says nothing further. Reads the statement, finds it OK and signs it together with the Interpreter and Attorney