Grâce à la liberté dans les communications, des groupes d’hommes de même nature pourront se réunir et fonder des communautés. Les nations seront dépassées.
Friedrich Nietzsche (Fragments posthumes XIII-883)

08 et 09 - MAI - M. W-Thomas

As a criminologist, former detective and authority on paedophile crimes, I have followed the Madeleine McCann case from the very beginning. What happened to her on that fateful night in May 2007? Where is she now, is she alive or dead? Was she murdered in her parent's apartment, and if so by whom? Was she abducted from where she slept in between her brother and sister who remained asleep throughout? Or did she wander out of the apartment looking for her parents and become the victim of an opportunistic predatory paedophile, who either used her for his own sexual gratification or smuggled her out of the country? 

With apparent sightings in Morocco, Spain, France and the Netherlands you could easily believe the latter. Il est vrai que les signalements renforcent l'idée que MMC est simplement perdue de vue, pas morte. The most sinister of all these questions was whether Gerry and Kate McCann were involved with the disappearance of their own daughter. In order to establish answers it is necessary to examine the police investigation. Celle-ci, au moment où MWT écrit ces lignes, est sous secret de justice. The detailed examination of a scene plays a crucial part in any major investigation and after a critical incident like this, all police officers know it is vital to preserve the crime scene, build the foundations, complete forensics and identify possible witnesses immediately. But I saw no evidence of this being done and it was without any doubt, the worst-preserved crime scene I have ever witnessed. D'autant plus qu'il n'a pas eu l'heur de la voir ! This investigation is like no other I have seen before or will hopefully ever see again. (1) 
For the past year the Portuguese police have had two lines of inquiry: the first, that Gerry and Kate were involved in Madeleine's disappearance and the second, that a stranger abducted her. However, they have focused steadfastly on their first line of enquiry. (2)  The public prosecutor's office in the Algarve believes police should keep looking for evidence against the McCanns even though doubt is being raised from other quarters, with officials in the Portuguese government asking for their arguido status to be lifted. (3) The investigation is all but closed and recent interviews with the 'Tapas Seven' revealed no new leads or discrepancies but did allow the police to establish the exact movements of Gerry and Kate both on the evening Madeleine disappeared and on the previous evening. Aucune discrépances n'a été éclaircie et les mouvements des MC n'ont certainement pas été établis, d'où l'insistance du MP pour reconstituer. The next major development will be if Portuguese police manage to stage a reconstruction so they can examine the behaviour of all parties concerned - but this would put Gerry and Kate back under Portuguese jurisdiction. Tant que l'affaire est en cours, les MC sont soumis à la juridiction portugaise. It is quite correct for the police to consider the parents as suspects but what evidence do they have against them? (4)

The time line is crucial. Là il faut reconnaître que MWT a absolument raison. The last time Madeleine was seen by anyone independently was around 6.30pm with the alarm raised at 10pm, thus establishing a window of opportunity of approximately three-and-a-half hours. (5) However, both Gerry and Kate were with their friends in the tapas bar from approximately 8.30pm, only ever being away from the table for short periods of time. So one or more of the parents did have the opportunity - but what would be the motive? Could it have been an accident or a deliberate act? I don't believe for one minute it would have been deliberate so therefore could she have suffered an accident, causing the parents to panic? At this point they could easily have explained away an accident. MWT ne souhaite manifestement pas "élaborer" sur l'hypothèse de l'accident, qui est du reste celle de la PJ, comme s'il n'y avait pas accident et accident ! But, if the theory is to be believed, they would have had to cold-bloodedly dispose of her body and then return to have dinner with their friends. Les médecins doivent avoir ou développer le sang-froid, c'est un b a ba de la profession. It is possible as most murdered children are killed by a relative or someone they know. The police are working on this premise although in this particular case this is where the theory falls down. Pourquoi ? (6)
The police believe they hid Madeleine's body and didn't return to the location until five trois weeks later where - under the watchful glare of the world's media - they placed her by now decomposed body into the rear of their Renault Megane Scenic hire car before completely disposing of it. The police have come to this conclusion because they have found partial DNA in the boot of the hire car, which I believe has either come from transfer when they moved Madeleine's clothes and belongings or even from those of her brother or sister.  (7) 

While trafficking of children is a far greater problem than is acknowledged, Madeleine does not fit the profile. Girls are trafficked for two reasons: into the sex trade as prostitutes or for domestic slavery, both with financial gain to the seller and purchaser. Who was to gain from her trafficking? I believe the so-called sightings in other countries, although genuinely intended, are a distraction and prove to be of little value after the initial two weeks. Who is going to openly walk out with the most wanted child in the world? Le bon sens parle ici et révèle le vrai objectif des campagnes, le buzz avec son intrinsèque pouvoir de diversion. (8) 

I believe what happened on May 3 was that Madeleine woke up, cried for a short while, realised her parents weren't in the apartment as they had not come in to settle her, so she climbed out of bed and walked around the apartment. (9) She found the back patio door was insecure and partly open so she walked out, went down the small flight of steps and out of the gate, turning right down towards the entrance to the resort and the Tapas bar. It was at this point that she was most likely abducted by an opportunistic predatory paedophile. Interestingly the police dogs first tracked a scent down this exact route. Unfortunately, although it is within range of the supermarket CCTV it was not working. (10) 


I don't believe a paedophile was watching the apartment nor do I believe an offender entered the apartment - this would be too high-risk. MWT tue le signalement de Jane TB, le seul indice en faveur de l'enlèvement !  I accept that statistically the abduction of a child is very rare, with approximately six children abducted every year in the UK, but if we look at the abduction and murder of Sarah Payne we can see how my theory stands up. On July 1, 2000, Sarah was playing a game of hide and seek in a cornfield with her sister and two brothers, received a knock on the head and decided to walk back to her grandparents' home. She walked through a gap in the hedge with her brothers' only seconds behind - but by the time they reached the lane, Sarah had disappeared. One of the brothers saw a white van coming down the road towards him, its wheels spinning. The driver seemed in a hurry to get away. Unknown to them, the man behind the wheel had just abducted Sarah. She was taken in a matter of seconds.
This is why I believe even with such a small window of opportunity - the distance between the back entrance to the apartment and the 40 yard walk to the Tapas bar - that Madeleine became the victim of an opportunist and predatory paedophile who either lived in or had direct contacts with Praia da Luz. This is not a resort that you would just happen upon.

(1) Quand MTW fut-il le témoin qu'il affirme avoir été ? Il n'était pas encore à pied d’œuvre  quand, dans l'intervalle de 45' entre la découverte de la disparition et l'appel de la police par un employé de l'OC, les locataires de l'appartement 5A devenu scène de crime la laissèrent pour un motif inconnu polluer par tout un chacun. 
(2) La réalité est différente. Pendant la première semaine la PJ chercha une petite fille perdue, puis les policiers se concentrèrent sur l'hypothèse de l'enlèvement, même après avoir reçu le rapport du profiler du NPIA Lee Rainbow qui recommandait d'investiguer aussi les parents en raison des discrépances de leurs témoignages. Ce n'est que début août, donc trois mois après la disparition, que les policiers se mirent activement à explorer la piste de l'implication des parents. Ils le firent pendant trois mois, puis GA s'en alla et son remplaçant se lança dans une révision du dossier, une mission rogatoire au RU et la perspective d'une reconstitution.
(3) Quid de l'indépendance de la justice ? Au reste la loi exige que le statut d'arguido soit maintenu jusqu'à la fin de l'enquête. Et la position du directeur national de la PJ n'est pas comprise. Une chose est de dire que les MC n'auraient pas dû être faits arguidos, une autre de dire qu'ils n'auraient pas dû l'être si précipitamment. C'est parce qu'elle avait le droit de se taire, comme arguida, que Kate MC a refusé de répondre aux 48 questions.
(4) MWT n'ayant aucune autorité pour consulter les entretiens "rogatoires", il n'énonce ici, une fois de plus, qu'une supposition. C'est précisément parce que les témoignages ne se recoupaient pas et comportaient des incohérences que le Ministère public décida de procéder à une reconstitution.
(5) Il n'y a pas de témoignage "indépendant" à 18h30, ni même à 17h30 où n'est attesté le retrait de la responsabilité de la crèche que par une signature sur le registre des présences.
(6) MWT expédie bien légèrement la question de l'implication possible des MC. Malgré les statistiques, il évacue d'une pichenette une question embarrassante, sans avancer aucun motif et alors même qu'il admet la possibilité d'un accident. En 2006-7, 55 enfants ont été tués au Royaume-Uni, dont 24 par leurs parents. Deux tiers avaient moins de 5 ans. Depuis 1970 il y a 5-7 enlèvements par un inconnu et meurtres par an.  Donc, parmi les 55 enfants assassinés cette année-là, 7 au plus ont été enlevés par un inconnu, 24 ont été tués par un parent et 24 par un proche.   
(7) La police ne "croit" pas, une hypothèse a été émise que le corps, congelé, ait été transporté dans la Renault, d'ailleurs une Scénic et non une Mégane.
(8) Ici il faut donner raison à MWT. Une enfant de cet âge étant inappropriée pour l'esclavage sexuel et/ou domestique, qui l'enlèverait se trouverait fort empétré.
(9) MWT ne semble pas prendre en compte le récit des pleurs du 3 mai au matin (Pourquoi n'êtes-vous pas venus quand nous avons pleuré ?). Si ce récit est vrai, Madeleine en posant cette question sans demander de réponse (une attitude peu plausible chez une enfant de 3 ans) laissait entendre qu'elle avait découvert qu'on l'avait laissée seule. Est-il vraisemblable qu'elle se soit endormie le soir même comme si de rien n'était, sans s'inquiéter de savoir si ses parents sortiraient encore ? 
(10) MTW a tout faux quant aux chiens Numi, Rex et Zarus qui n'ont pas fait ce trajet, il n'aurait pas dû croire les balivernes des médias... 

Force est de constater qu'aujourd'hui nombreux sont ceux qui ne regardent rien, n'entendent rien, mais parlent beaucoup !
 
 
2. Un an plus tard...
MWT produisit la révision suivante, fruit, dixit, d'une analyse critique du dossier de la PJ. Il a évidemment travaillé sur une traduction, mais laquelle ? Probablement celle-ci, oeuvre de généreux traducteurs que l'on ne remerciera jamais assez. 
On y trouvera l'affaire MC traitée sans vergogne comme un cas d'école... Les recommandations de l'auteur qui en disent probablement long sur sa personne... et son opinion à peine modifiée par la lecture du dossier par rapport à la version 2008, ce qui certainement en dit long itou.


On the 28 April 2007, Drs Gerry and Kate McCann arrived in Praia Da Luz, Portugal where they were spending a week-long holiday with their three young children, Madeline then aged 3, and twins Sean and Amelie, at the time aged 2. They stayed in the town in apartment 5a Vila da Luz - a two-bedroom ground floor corner apartment which had been rented by the holiday company Mark Warner as part of their Ocean Club complex. Apartment 5a was at street level and thus offered easy access to – and regress from – the accommodation. There were two doors to the apartment – front and rear - the former being a solid oak, single door that is secured by a key mortice lock, and the latter being two sliding patio doors, with a single, poor quality key lock.  
Si l'on considère qu'une des propriétés essentielles d'une porte est de pouvoir s'ouvrir et se fermer sur ses deux faces, il n'y avait qu'une porte, sur la façade nord. Sur la façade sud il y avait deux portes-fenêtres coulissantes donnant sur une loggia, l'une dans la chambre des parents, l'autre dans la salle de séjour. Ces portes ne pouvaient se fermer que de l'intérieur par un dispositif de blocage et non avec une clef.

The McCanns had travelled to Portugal with seven friends – some of whom were also doctors and who also had children, and with whom they had holidayed in the past. (seulement avec leurs seuls amis, les Payne) These friends included: Dr Russell O’Brien and his wife Jane Tanner; Dr Matthew Oldfield and his wife Rachel Oldfield; David Payne and his wife Dr Fiona Payne; and Dianne Webster. This group of friends have been characterised in the media as the “Tapas Seven”, and together with the McCanns as the “Tapas Nine”.
On the evening of 3 May 2007 – at the end of the family’s holiday, Madeleine McCann disappeared from the apartment whilst her parents were at the nearby Tapas restaurant, where they had started their evening meal with their friends. The restaurant was approximately 70 metres from the apartment- as the crow flies. La distance à vol d'oiseau, la nuit, a un intérêt pour la portée du son, mais guère pour la vue. Alors que la végétation et le haut mur d'enceinte obstruaient celle-ci, rien n'empêchait le son de se déployer. No formalised “babysitting” service was used by the McCanns – even though one was provided by the resort, but they later stated to the police that there were regular checks on the children undertaken by different adults from within the group. Il était possible moyennant finance d'engager des babysitters. Cette déclaration est ambiguë : chaque parent s'occupait exclusivement de ses propres enfants.

Like much of Europe, there are tiers of police in Portugal. The GNR (Guarda Nacional Republicana) are the National Guard and the equivalent of the French gendarmes.They were the first police unit to arrive at the resort after Madeleine was reported missing. The GNR do not undertake criminal investigations, their role is to take the initial report and then co-ordinate searches. Le terrain d'action de la GNR est la campagne avec les villages et les localités de taille moyenne. La PJ travaille dans les villes. Une patrouille est venue à PDL parce que le gardien de l'OC avait appelé le poste de gendarmerie de Lagos. Si on avait appelé le numéro européen d'urgence (112), une autre force de police serait venue et des mesures auraient été prises immédiatement si l'enlèvement avait été avéré (témoin par exemple). In this case once it was established that a criminal offence may have occurred, the PJ (Policia Judiciara) were called in.
Robert Murat – A British citizen who lived in Praia da Luz and who initially helped the police and then the media was given “arguido” (suspect) status on 15 May 2007, and then subsequently the McCanns were “arguidos” from 7 September 2007.
On 21 July 2008 the Portuguese Attorney General closed the case.
At a practical level the review seeks to provide as accurate a time-line for events on the night of 3 May 2007 as is possible – as outlined in witness statements contained within the Portuguese police files, and an assessment of the initial and the ongoing police investigation. More broadly the review also seeks to contextualise the disappearance of Madeleine McCann into the wider criminological literature related to child disappearances, abductions and murders. Finally, the review makes recommendations as to the policing of any future child disappearances in Portugal. Plus de huit ans ont passé et aucun enlèvement n'a eu lieu au Portugal...
No review on this subject can ever hope to be definitive, and so, for example, while the author has informally discussed the case with the McCann’s former toujours en place, bien qu'à temps réduit press spokesman Clarence Mitchell, he has not been interviewed formally, nor indeed have Kate or Gerry McCann – despite a request to do so. Pourquoi n'ont-ils pas accepté ? Ils ne doivent guère apprécier la théorie de MWT qui met sérieusement en cause leur responsabilité (Madeleine sort parce qu'elle est seule et parce que la porte est ouverte).

As such this review can only go so far, and while the author offers an opinion as to what he believes happened on the night of 3 May 2007, questions will inevitably remain. Is Madeleine alive or dead? If she is dead, was she murdered in her parent’s flat, and if so by whom? Was she abducted from inside the apartment - where she slept in the same room as her brother and sister who remained asleep throughout? Did she wander out of the apartment looking for her parents, and in doing so became the victim of an opportunistic predatory paedophile, who either used her for his own sexual gratification or smuggled her out of the country? Where answers are suggested to these questions, these stem from the critical analysis that has been undertaken, and what is more generally known about child disappearances.

The review begins by attempting to establish a definitive (bien ambitieux, c'est en vue d'en établir une qu'une reconstitution a été demandée et rejetée) time-line for events on the night of 3 May 2007. Time-lines are vital in any police investigation in that they are the beginnings of providing a structure to a seemingly chaotic and messy event – whether that event is a disappearance, an abduction or a murder. They also provide the police with a platform from which to conduct their investigation. For example, by identifying who last saw the victim, and at what time, allows the police to target their investigation by prioritising potential witnesses, suspects, or lines of inquiry. The time-line is also the beginning of the police case building in relation to what they believe might have happened, and what they can evidence has happened to the victim. The following time-line has been constructed through cross referencing a number of witness statements, although it should be noted that even now there are difficulties in verifying its accuracy. Quand même !..

09.00 - Madeleine, Sean and Amelie attended the Kids club at the Ocean Club of the resort. They had attended this club on a regular basis throughout the holiday.
12.30 - Madeleine, Sean and Amelie are collected from the Kidsat the Ocean Club by Kate McCann to have lunch. Madeleine est dans une crèche au dessus de la réception principale, à 400m de l'appartement, tandis que la crèche des jumeaux est à côté du restaurant Tapas.
14.30 - Madeleine, Sean and Amelie returned to the Kids club at the Ocean Club.
17.00 - Madeleine, Sean and Amelie are collected from the Kids club at the Ocean Club by their parents. From this time onwards only the McCanns had contact with Madeleine.
19.30 - Madeleine, Sean and Amelie are put to bed in apartment 5a. The apartment has two bedrooms, situated at the front and rear. The back bedroom was used by Gerry and Kate. This bedroom had two single beds, which were pushed together. The front bedroom contained two single beds, both of which were placed against different walls in the apartment. One was below the window facing the front of the property and the other bed – which was used by Madeleine, was closest to the bedroom door and up against the bathroom wall. Her bed was covered by a white sheet, and bed cover. Sean and Amelie slept in two foldaway cots. The window in the children’s bedroom was a double sliding metal framed window, with shutters on the outside which were operated from inside the bedroom.
20.30 - Gerry & Kate McCann left for dinner at the Tapas bar –first checking on the children.
Around 21.05 - Gerry McCann stated (4 May, but see below) that he returned to the apartment – “entering the room using his key – the door being locked.” He noted that all the children were OK, and he then used the toilet. He then left the apartment and bumped into Jeremy Wilkins – someone he had been playing tennis with. He did not see Jane Tanner, nor the man that she stated that she had seen carrying a child.
21.15 - Jane Tanner left to check on her children and saw Gerry McCann speaking with a British tourist – Jeremy Wilkins. She also stated that she saw a man carrying a child.
Around 21.25 - Mathew Oldfield checked on Madeleine McCann and his own children, although he did not go into the room where he presumed Madeleine was sleeping and actually make visual contact. MWT oublie de dire que MO part avec Russell OB qui restera dans l'appartement, son enfant étant malade. Il oublie aussi de dire que Jane T partira vers 21h40 pour que ROB puisse revenir dîner (21h45). Mal relu sa copie... (les PJFiles)

2200 - Kate McCann visited the apartment, entering through the rear, unlocked patio door. She noticed that the children’s bedroom door was open, that the blinds were lifted, and the window was open in the children’s bedroom. She noticed that the twins were asleep but that Madeleine was missing, and raised the alarm. She noticed that Madeleine’s blanket and toys were all aligned on the bed.
This basic time-line was refined over the first few days of the police investigation as various witnesses remembered issues and incidents, and added detail to what they had originally stated. As such, a first statement might often differ from statements provided later in the investigation. La règle universelle est que la première déposition a le plus de chances d'être près de la vérité. 
Gerry McCann’s first and subsequent statements are illustrative of this point. Gerry McCann first made a formal statement to the police on 4 May at 11.15am. In this he stated to the police that he left the Tapas bar around 21.05 having just ordered his food. He stated that he returned to the apartment – using his key to unlock the door prior to entering. He then went into the children’s bedroom and saw all three children in bed. He then used the toilet and left. On leaving the apartment he then stated that he met another British tourist - Jeremy Wilkins, and spoke with him for some minutes before returning to the Tapas bar. He did not mention seeing Jane Tanner, or a man that she stated she saw carrying a child. He further said that the only unusual thing that happened on the days spent at the resort was when Madeleine questioned why they did not go to the room when the twins cried. In his second – and subsequent statements made on 10 May and 7 September (by which time has was an arguido) the police transcript notes that “despite what he said in his previous statements, he stated now and with certainty, that he left with Kate by the rear door which he consequently closed, but did not lock given that this was only possible from inside.” Curieusement MWT ne fait aucun commentaire sur ce changement de narration.
 He also stated that Matt returned to the restaurant at 2105, and that he then got up to check on the children. He entered the apartment by the rear door, and he noted that “the three were sleeping deeply.” In his statement he then added that “he never entered any other part of the residence,” and no reference is made to using the toilet. In his statement of 7 September he again stated that he went to the apartment at around 2105 (the note of the interview actually states 2104), and that “the three children were lying in their beds asleep. He was sure of this.” This statement now suggests that it was only after this visit to apartment 5a that Matt offered to go and check on the children, and thus the sequence of visits changes in relation to what is being declared. Il n'y a pas eu de changement quant à Matthew MO.
These additions, clarifications, omissions and alterations do not necessarily imply anything other than the witness trying to remember details which - in the heat of the moment, might not have been recollected correctly. Encore faut-il les examiner soigneusement et non faire l'impasse dessus. Ainsi, par exemple, Gerald MC a non seulement déclaré, dans sa première déposition, être entré par la porte (nord) avec sa clef, mais il a aussi dit que sa femme avait fait de même (il ne pouvait l'ignorer, puisqu'ils devaient partager la même clef). Kate MC, nonobstant, dans sa première déposition, quelques heures plus tard et en présence de son mari, déclare être entrée par la porte-fenêtre... Mais comment ferait-elle autrement ? Il était absurde que Gerald soit entré par la porte nord et du reste elle avait au dîné parlé à ses compagnes de la porte sud, ouverte... So too, perhaps, through discussion with others who are involved in the case, some issues will take on greater significance and as a result the sequencing of events will become clearer in some respects, but more confused in others. However, what this means in practice – especially when dealing with a number of witnesses, is that it becomes more difficult to establish a reliable time-line. Of course, the confusion about some of these details might be interpreted differently, and it is also clear that the Portuguese police found this confusion significant. Croyait-il ce qu'il déclarait un an avant, que la PJ était incompétente ?


Other “First” Statements
Jane Tanner 
It is Jane Tanner who first stated on 4 May that she saw a person walking in a hurry carrying a child. She stated that “she spotted a man who was going at a fair speed with a child in his arms, with the child in pyjamas without a blanket.” She described this person as a white male, with thick dark hair, which was short but long at the back. He was wearing beige, golden linen-like trousers and a duffy style jacket, and had on black shoes. The first person that she told of this sighting was her husband, although she also told Kate McCann on the evening Madeleine went missing. Les premières personnes informées furent Rachael et Fiona. Of note, Jane Tanner also stated that she saw “this person at exactly the moment when she walked past Gerry and Jeremy.” Dans sa première narration à la PJ Jane n'a absolument pas parlé de Gerald et de JW, elle n'a d'ailleurs pas localisé la scène au même endroit. However, neither McCann nor Wilkins (see his account below) saw Jane Tanner or the man that she stated that she saw carrying the child. The police never obtained an artist impression of this person. Jane TB fut incapable de le décrire, d'où le qualificatif de "sans visage". 
 
Matthew David Oldfield -  
He stated that he arrived at the Tapas restaurant about 20.45. He then said that Gerry McCann left the bar around 21.05 to check on his children, returning about 5 minutes later. MO a dit avoir écouté à toutes les fenêtres du rez-de-chaussée vers 21h et que, bien que tout fût calme, GMC était parti faire une ronde peu après son retour.
At 21.25 he left to check on his children, as well as the McCann’s. He entered the McCann’s apartment through the closed patio door at the rear of the apartment which was unlocked. He went to the bedroom door and opened it to approximately 50 degrees and saw the twins on their beds. He noticed a light shining in the bedroom which he believed was coming from outside. He remembered seeing the curtain drawn but could not remember if the window was open. He could not see Madeleine’s bed and therefore did not see her, but stated that he assumed everything was okay and left. Il n'a pas poussé de porte et n'est pas entré dans la chambre (c'est pourquoi le lit de Madeleine n'était pas dans son angle de vision). Il y avait du vent, il n'aurait pas manqué de le sentir si la fenêtre avait été ouverte.


Kate Healy (McCann)
She stated that she put the children to bed at 19.30 and then had a shower. Elle dit avoir pris une douche avant le retour de Gerald (19h). She then went to the Tapas bar at 20.30. Just prior to going to the restaurant she checked on the children. She said that Gerry had checked on the children at 21.00 and that Matt had left at 21.30 to check on his own and the McCann children. At 22.00 she left the Tapas restaurant to check on the children - entering through the rear unlocked patio door. She noticed that the children’s bedroom door was open, that the blinds were lifted and the window was open in the children’s bedroom. Stated that she believed that she had kept the window and blinds shut. She noticed that the twins were asleep but that Madeleine was missing. Also that Madeleine’s blanket and toys were all aligned on the bed.


Jeremy Wilkins -  
He stated that he left his apartment at 20.15 with his child in a buggy to try and make him sleep, and had bumped into Gerry McCann at the bottom of the back steps that led up to their apartment. He had a conversation with Gerry Mc Cann that lasted between 3 and 5 minutes, although he can not be precise about the time that this conversation lasted and he places the time as being between 2045-2115. He could not confirm whether he saw Gerry leaving the apartment.


Derek Flack -  
He stated that he saw a man fitting the same description as the man seen and identified by Jane Tanner. He made a statement to the effect that this man had been acting suspiciously in the location close to the McCann’s apartment on 2 May and 3 May. He described this man as “male, 1.7 metres in height, dark-skinned, with a day’s growth of beard, short black hair, a necklace, and dressed in a yellow T-shirt.” A photo-fit was subsequently produced by the police, and this man was later identified, interviewed and eliminated. On se demande donc ce qu'il fait là, alors que manquent les dépositions de 5  des compagnons de voyage, David, Diane, Fiona, Russell, Rachael.


Statements Lead to Suspects

Within the first few days of the investigation the police set about identifying and eliminating anyone working at or connected with the Ocean Club. It is clear – as per established British police protocol in these matters, that a significant number of people were Traced, Interviewed and Eliminated (T.I.E), including gardeners, cleaners, tennis instructors, bar staff and administrators. In the first five days 3 potential suspects were identified and investigated by the police. As a result of their investigations these suspects were eventually ruled out – although at different times within the investigation. However another potential suspect, with a paedophile offending history was identified at the end of June 2007, as a result of information that came into the incident room. Although this information was logged it is not possible to say how this was concluded. Two ransom demands were received, which in the early days of an abduction should always be carefully considered:
An employee of the resort did receive a £1 million ransom demand on 22 June 2007. This demand was received via a mobile phone voice mail from an adult male, where an English child was clearly speaking in the background. Although an intercept was placed on the employee’s line no further calls were received and this resulted in no further investigation.
A demand for 1 million euros was received from a person in Holland, stating that he had direct information on the whereabouts of Madeleine and her abductors. This resulted in a criminal investigation and the individual was traced and prosecuted.

Search

Hand in glove with the development of the time-line and the process of beginning to identify potential suspects, a major search of the resort, the town, and more widely was undertaken by the police. However, reading through the various documents which were part of the official inquiry it is now clear that the search co-ordinator, who was a Major in the GNR from Portimao, was in charge of the physical search activity for Madeleine had no previous formal training or accreditation in the management of searching for missing persons. The 80-100 searching officers were drawn from the GNR, Civil Protection, Fire Brigade, Red Cross and Urban Police. All of these officers with the exception of the Search and Rescue team from Lisbon had no formal training in searching techniques. The strategy of the searches that were undertaken were described as ‘Rescue and Recovery’ and lasted for 7 days from the 3 May 2007 (10 jours)

The search area was split into 3 zones, radiating out from Praia Da Luz in a northward direction. The three search zones were:
Zone 1 – 3km to the EN125 road at Espiche. This zone was searched on 3 separate occasions over the 7 days, using line searching and air scenting dogs.

Zone 2 – 7km to the boundary of the N120 road at Bensafrim. This zone was searched on 2 separate occasions over the 7 days by 2 GNR officers on motorcycles and 6 GNR officers on horses.

Zone 3 – 15km at Barragem de Odiaxere a Dammed lake- and a mountainous region. This zone was searched by the Fire Brigade as they had local knowledge; the search was done by driving the tracks and visiting empty properties. In addition a Fire Brigade boat was used to visually inspect the surface water of the lake.

Recommendations - That anyone commanding such a search should have training and knowledge of up to date police techniques related to searching. Such training should also be made available for officers involved in searches. It is also recommended that the Portuguese police use a Forensic Anthropologist who has knowledge of the area to provide advice and guidance as to the possible state of remains.

A number of other searches took place within the first 4 weeks of Madeleine’s disappearance, on people who were flagged up as potential suspects. These searches included the local area with waste bins, homes, places of work and motor vehicles. It is clear that some House-to-House enquiries were undertaken but with no clear policy or pro-forma identified and used to validate and cross reference these searches. Recommendation - That training is provided to senior officers responsible for House-To House enquiries, to ensure a policy is implemented and reviewed in the first few days. It is also vital that the senior officer adopts a structured pro-forma or questionnaire in order to validate the process.
Recommandation à MWT : ne pas oublier les recherches en mer, sur la côte et en haute mer...
 
Sightings

The police received several thousand possible sightings, both directly into the investigating police team, and also via the British and International law enforcement agencies. These sightings were from nearby countries such as Spain and Italy and also much further away from Indonesia and Singapore. Sightings can present a significant challenge and distraction for any major missing person/abduction case. It is therefore vital that a clear policy is established for this area. It has not been possible to establish what system was used by the police to validate each sighting, and therefore not possible to say if every sighting was given the appropriate significance and attention. Tous les signalements et les traitements donnés figurent dans les PJFiles.


Crime Scene

It was clear from my attendance at the scene (quand ?), from speaking with local residents, and through analysing the PJ’s documents that no secure perimeter was set up. It was possible, for example, to walk up the back steps to the rear of Apartment 5a, and while the front door of the apartment, which is accessible via the Ocean Club car park, was guarded by police patrolling the car park entrance to the resort, the crime scene ribbon which was erected across the main road outside the apartment was ignored by everyone and crossed without challenge by the police. No co-ordinated fingertip search was ever undertaken of the roads and immediate area surrounding the apartment. This is a major failing in the early hours following Madeleine’s disappearance, as any potential offender/abductor may well have dropped a cigarette, left a drinks can/water bottle or dropped a tissue , these and many other items could have potentially held vital DNA evidence. Mais qu'en sait-il ? Il n'y était pas ! Recommendations - That the senior officer should establish for all critical incidents an outer, and inner perimeter, in order to preserve any potential forensic evidence. The outer perimeter is necessary for a sterile area to be searched in the immediate hours after a disappearance. Once this area has been searched the perimeter can be made smaller, reducing disruption. 
CCTV- External Controls

In modern policing CCTV and cameras play an important role. The nearest camera to the apartment was one fixed on the outside of the mini-supermarket, situated approximately 15 metres down from the Tapas Restaurant. This camera was pointing up towards the rear entrance/exit to Apartment 5a and would have been able to have captured anyone walking down the pavement past the front entrance of the Ocean Club and Tapas Restaurant. Significantly the mini-supermarket camera although switched on - was not recording.
Recommendations - The importance of CCTV in this case cannot be underplayed, although it is clearly an issue for the Government and/ or area governance to install CCTV, had the resort had CCTV then this may well have been significant to the investigation. Les CCTV sont interdites sur la voie publique ou filmant la voie publique, sauf cas exceptionnels (distributeurs de billets) au Portugal. Leur usage est strictement privé.


Media

The British media were initially notified of Madeleine’s disappearance in the early hours of the 4May 2007. Madeleine’s disappearance received significant coverage both in this country and also featured in the media in Portugal, Spain and thereafter in most countries around the world. It was clear in the first few days that the PJ had very little - if any - experience of handling the media, and although they did appoint a specific officer to liaise and handle media relations they did not have, or develop, a clear media strategy. The lack of a media strategy had a significant impact on the initial investigation. Although it was clear in the first few hours that Madeline may have been abducted, the police failed to release any information, or appeal for any information from the public. The description of what Madeleine was wearing when she disappeared was not released by the police until a few days after she disappeared, and at that stage it was only released initially on the internet. Chaque système de justice établit ses principes. L'enlèvement d'enfant étant un événement extra-ordinaire au Portugal, la question n'a pas fait l'objet de débats. Mais le principe de base, le secret de l'instruction, a fortiori si la vie d'un enfant est en danger, ne semble pas un mauvais choix à la lumière de l'échec total par lequel s'est soldée la surmédiatisation de l'affaire. Les MC ont pris le parti de ne pas suivre les recommandations des autorités portugaises et de se servir des médias. On ne sait si bien ou mal leur a pris, mais on ne sait toujours pas ce qui est arrivé à leur fille. Aussi bien on aurait mauvaise grâce de critiquer l'attitude de la PJ sur le versant médiatique.

Although the police did hold a number of press conferences in the early days, this was very much as a result of pressure from the media and not something they would routinely do. It was clear that the police had little or no experience of handling the scale of media interest that this case attracted. At no stage did the PJ make a formal appeal to the public – which was a significant failing, as the public potentially held vital information. It was difficult for the public to contact the correct police team as no formal incident room number was released. The Portuguese secrecy law has been carefully considered, in respect of the failure by the police to release more information to the media and the public. The law is such that once a criminal investigation is under way; police cannot reveal anything about that investigation, including any details about potential suspects. However whilst this tight restriction on the police is acknowledged, the Secrecy law did not prevent them from making an appeal for information on a one way basis. Failure to ask the public for information was a significant error. Sur quoi MWT fonde-t-il ce jugement ? Sûrement pas sur les 7000 appels déclenchés par Crimewatch en octobre 2013 qui n'ont abouti à... rien.
Recommendation - That the senior officer must establish a media strategy where it is obvious either that the incident will attract considerable media attention, or where the incident has been deemed critical, requiring considerable resources and investigation. It was not acknowledge by the police the vital role that the media play in any critical incident – especially abductions. This failure had a significant impact on the investigation. Il ne s'agit pas de "faille", mais de choix. Quel impact ? Et qu'est-ce qui le prouve ?

Suspect Identification

Although the police had information from two witnesses in the first few days about a possible suspect, they dealt with each witness differently. Both witnesses – Derek Flack and Jane Tanner - provided early identification of someone seen acting suspiciously in and around the time of Madeleine’s disappearance. On se demande en quoi Tannerman (identifié par Operation Grange comme un père revenant de la crèche de nuit) avait un comportement louche...  Derek Flack identified a man acting strangely in the location close to the McCann’s apartment on 2 May and 3 May. He described this man as “male, 1.7 metres in height, dark-skinned, with a day’s growth of beard, short black hair, a necklace, and dressed in a yellow T-shirt.” A photo-fit was produced by the police, and this man was later identified, interviewed and eliminated. Pourquoi MWT insiste-t-il autant sur cet homme ? Espère-t-il qu'il est le fameux ravisseur opportuniste ?

Jane Tanner’s evidence was given little attention by the police – perhaps because they felt that it was not corroborated by either Gerry McCann or Jeremy Wilkins. Even so, they failed to obtain a photo-fit, or release any information about this possible significant sighting to the public. Qui croira que Jane, sonore grâce à ses flipflops ait pu passer à moins d'un mètre de 2 hommes sans aucun d'eux la voie ? En revanche on admettra qu'elle ait pu voir Tannermann à un autre moment et/ou à un autre endroit.
 Recommendation - Where evidence is obtained that suggests a sighting may be significant it is vital that at the earliest opportunity a proper description is obtained, using photo-fit or artist impressions. Serious consideration should then be given to releasing this to the public.


Phone Intercepts & Analysis

A significant amount of time and resources were also allocated to placing intercepts and collecting phone data for the investigation. This included all the early suspects and potential witnesses. In summary, in the course of this initial stage of the investigation several hundred people were interviewed and eliminated from the inquiry. A search of the local area was begun, and phone intercepts initiated. Statements from all the leading witnesses were taken and analysed. However, there were weaknesses during this stage which are likely to have had a major impact on the outcome of the investigation. Specifically, the search that was organised was undertaken by inexperienced staff with no particular background or training in searching techniques, and nor was there any co-ordinated media strategy which might have appealed to the public for information. In addition certain crucial evidence and in particular possible sightings were treated very differently. Toujours des suppositions..


Ongoing Investigation

After this period which we can characterise as the initial stage of the police ongoing investigation – which also involved help from a number of British and International police forces had a number of distinct characteristics. These included the use of “cadaver dogs” and information generated by forensic evidence gathered at the scene of Madeleine’s disappearance. I will consider these issues in turn. So too by this stage the police should have developed a number of theories as to what might have led to the disappearance of Madeleine, and it is clear from reading the report prepared when the case was due to be closed by Inspector Joao Carlos that they were considering three hypotheses during the ongoing investigation. These were – in the descriptions used by Inspector Carlos:
Abduction without homicide.
Abduction followed by homicide.
Accidental death and later hiding of the corpse.

It is clear from reading the police files that form the basis of this review that the hypothesis that Madeleine had been accidentally killed, and her body hidden, took on a greater significance when the police were under greater pressure, and after the use of “Cadaver Dogs”.


Cadaver Dogs

Cadaver dogs are used by the police in England and Wales in a number of different situations, such as in the search for missing people or homicide victims. The dogs are trained to detect vestiges of human blood and the odour of corpses. The dogs were brought over to Praia da Luz by Martin Grime, at the time a South Yorkshire Police Officer, at the request of the Portuguese police between 1st to 8th August. It is a moot point as to whether or not this time gap before using the dog team was too great to have produced significant results. Ces chiens sont arrivés le 30 juillet à PDL à l'instigation du spécialiste en personnes disparues du NPIA, Mark Harrison dont on est en droit de penser qu'il savait ce qu'il faisait.

Searches were made by the dogs on the following areas: Mr Murat’s property; Apartment 5a; Western and Eastern Beaches; and ten different vehicles. Dogs positively indicated corpse odour inside apartment 5a; in the couple’s bedroom, in a corner close to a wardrobe, in the living room, behind the sofa, in the area immediately outside the flat; on two pieces of Kate’s clothing, and also on one piece of Madeline’s clothing. The cadaver dog also identified traces in a flower bed in a back yard close to apartment 5a and in various places related to a Renault Scenic car, which had been hired by the McCanns over two weeks after Madeleine’s disappearance. For example, the cadaver dog positively signalled a vehicle key, and another dog - specially trained to identify blood, identified traces on the vehicle’s key, and the interior of the Snic’s boot. Ce que MWT ne dit pas, et que d'ailleurs est généralement passé sous silence, opportunément ruiné par la grotesque hypothèse du corps congelé transporté dans la Scenic, c'est que les chiens furent envoyés dans tous les appartements qui avaient été occupés par les TP9, y compris celui que l'OC mit à la disposition des MC après la disparition. Ils ne réagirent que dans le 5A.

These results undoubtedly influenced the police thinking to such an extent that Inspector Carlos specifically maintained that it was after the dog searches that the McCanns were made arguidos. Even so, the positive results from these dog searches were not confirmed in relation to any DNA evidence taken from apartment 5a, or from the McCann’s hire car.
Recommendation - The use of cadaver dogs should be very carefully considered by any future senior investigating officer. Also when used very careful consideration should be given to relying solely on their evidence.


DNA

Forensic tests were performed by the Forensic Science Service (FSS) in England and Wales and their final results did not corroborate any of the positive signals given by the dog searches, either in the apartment being rented by the McCanns, or in their hire car. Indeed the statement given by the forensic scientist stated that. Ce n'est pas exact, à tous les points signalés par la chienne CSI on a trouvé du sang en quantité invisible. Quant à l'autre chien, il est capable par définition (EVRD) de détecter des VOCs intangibles, donc non analysables.

In the objects recovered from the Scenic, there were around 15 blonde/fair hairs similar to the reference hairs from SJM2, 4 and 5. However, as it was not possible to do solid [definitive] or significant [forensically meaningful] tests it is not possible for me to determine if, or not, these could have been from Madeleine McCann.

Even so, the reliance by the police to use the evidence presented by the dogs was in this case significant and damaging. It enabled the investigation to become focused on the McCanns and thus ignoring all other possible lines of enquiry. In short, the police gave far too much strength to the dog evidence and as a result it now seems clear that they set out to establish a case against the McCanns. After all, the use of dogs and the evidence that they provide is not “science” and is often a matter of judgement and interpretation on the part of the dog handler. L'interprétation du maître-chien est essentielle, c'est lui qui connaît l'animal ! MWT insinue-t-il que le maître-chien s'est trompé ? Ou qu'il a trompé ? Et si oui, pourquoi ? L'intérêt d'un maître-chien n'est-il pas que ses chiens soient fiables ? L'intérêt de MWT, quant à sa théorie, est que les chiens se soient trompés ou aient été mal interprétés. So too it should also be remembered that the dog cannot be challenged and therefore presents a significant breakdown in the evidence chain. 
Ce n'est pas l'avis du chef en matière de personnes disparues, Prof. Mark Harrison. Non, il n'a pas fait venir les meilleurs chiens britanniques pour vider les poches des Portugais et emplir celles de Martin Grime.


Sex Offenders - Paedophiles

It is impossible to say just how many sex offenders with a sexual interest in children live or routinely visit the area of Praia Da Luz. Whilst in England and Wales we know that we have around 31,300 known sex offenders (not all of these have a sexual interest in children) our Police at least have a starting point from where to investigate people who potentially could have an interest in abducting a child- a vitally important line of enquiry. The Portuguese authorities have consistently failed to accept that they have paedophiles living and targeting children in their country, and as such this approach makes it more attractive for sex offenders to visit. There is no central database or register of known paedophiles. Grâce à la disparition de MMC, les Portugais ont appris qu'ils hébergeaient des dizaines de pédophiles... britanniques.
Recommendation - Urgent consideration needs to be given to a country wide register for sex offenders. On aimerait des statistiques comparant les situations britanniques et portugaises en fait de crime sexuel. Non qu'ils soient inexistants au Portugal, mais peut-être ne sont-ils pas assez nombreux pour échapper au contrôle policier.

Police Theory

Based on their initial and ongoing investigations the police followed a number of hypotheses about how Madeleine had disappeared. These theories – despite the criticism above, were consistent with applied academic criminology in relation to child disappearances, abductions and murders. Put simply that in any abduction/murder it is important to first rule out the child’s immediate family. For example, in reviewing the literature about stranger abduction and murder of children in Britain, the number of child sex murders, where the perpetrator was a stranger, has remained roughly static, at between five and seven a year since about 1970, (Silverman & Wilson, 2002: 20). So too a significant proportion of children who are murdered in Britain are killed by their parents or carers, so that, for example, 
. On average, every week in England and Wales, one to two children are killed at the hands of another person,  
. In 2005-2006 55 children were killed at the hands of another person and 24 of these victims were killed by their parents, and
. Almost two thirds of children killed at the hands of another person in England and Wales were under the age of five, (various Home Office sources especially K Coleman, et al, 2007).

In short, the police were right to attempt to rule out Kate and Gerry McCann as suspects when they believed that Madeleine had been murdered in the apartment. Although they should have fallen under suspicion immediately, and not when all other lines of the investigation had failed. Ici il faut donner raison à MWT. Les MC auraient dû être passés au crible dès le départ. Ainsi, par exemple, la PJ n'aurait pas dû céder à la compassion et laisser Gerald MC assister, derrière elle et la main posée sur la sienne, à l'audition de Kate MC.

Overview and Discussion

A careful review of the documents in this case file has not produced a definitive time-line for the events that occurred on the night of 3 May 2007. Sûr, mais ce n'est pas ce qu'il prétendait plus haut avoir établi. So too it is now also clear that after the Portuguese police failed to establish or identify any possible suspects during their initial investigation, and when they came under increasing pressure to resolve the case, they turned their attention onto Madeline’s parents. La pression existait, certes, et c'est elle qui probablement, ainsi que le rapport de Lee Rainbow, a conduit la direction de la PJ à solliciter l'aide de Mark Harrison qui suggéra de faire venir les chiens et de les envoyer en premier lieu à l'endroit où MMC avait été vue pour la dernière fois... In particular they over-relied on the evidence of the dog team – such as it was, and it was this that prompted them to make Gerry and Kate McCann arguidos. In short, they concentrated on their theory that Madeleine had been accidentally killed and that her parents had later hidden her body, although how they would have been able to have done this does not seem to have been considered by the PJ. Les experts envoyés par Dispatches ont formulé des hypothèses sur la manière de se débarrasser d'un corps rapidement. What of the other two hypotheses that we now know that they considered during the ongoing investigation? Both presume that Madeleine had been abducted, but they do not differentiate between whether that abduction took place within, or outside the apartment 5a. Yet, based on evidence provided from within the case files it is more likely that she was abducted after she had left the apartment. A number of factors suggest that this is the likely scenario. First, an abductor would not normally carefully arrange a child’s toys on her bed, but would instead be intent on leaving the scene of the abduction as quickly as possible. Sûr ! Why would an abductor take the eldest child, when he could take a younger child who would offer less resistance? Sûr ! Second, we know from evidence that has been provided by Gerry McCann, that the only thing that he could think of that had been unusual during their holiday was that Madeleine had asked why her parents hadn’t come to check on them when the twins had been crying. Is it unreasonable to presume, that Madeleine woke up (il n'est pas déraisonnable de croire que l'inquiétude l'ait empêchée de s'endormir) and then went in search of her parents at a restaurant within a holiday complex that she had grown familiar with over the course of her holiday? Elle ignorait où dînaient ses parents. Neatly tucking up her toys – as her parents had done to her – she slipped out of the apartment through an insecure patio door. C'est le scénario qu'avait imaginé Kate MC, la raison pour laquelle elle avait laissé ouverte la porte-fenêtre, selon Fiona WP (rog). This seems all the more credible given what we now know happened to eight-year-old Sarah Payne who was abducted in July 2000, even though she was only out of sight of her family for a matter of seconds. The other presumption that unites the police to remaining hypotheses relates to whether or not Madeleine is dead. While there is no hard, physical evidence to conclude on this issue one way or another, criminological writing based on a review of real cases would overwhelmingly indicate that 91% of children who are abducted are killed within the first twenty four hours after their abduction- with 74% dead within the first 3 hours, (Hanfland, 1997).

Conclusion

It is acknowledged that no review about this particular case can be definitive, but based on the various documents which we have seen it is my opinion that the McCanns did not murder their daughter, or have anything to do with her disappearance. So too I would argue that Madeleine walked out of apartment 5a through an insecure rear patio door looking for her parents – she was then abducted.


Summary of Recommendations
1. That anyone commanding such a search should have training and knowledge of up to date police techniques related to searching. Such training should also be made available for officers involved in searches. It is also recommended that the Portuguese police use a Forensic Anthropologist who has knowledge of the area to provide advice and guidance as to the possible state of remains.
2. That training is provided to senior officers responsible for House-To House enquiries, to ensure a policy is implemented and reviewed in the first few days. It is also vital that the senior officer adopts a structured pro-forma or questionnaire in order to validate the process.
3. That the senior officer should establish for all critical incidents an outer and inner perimeter, in order to preserve any potential forensic evidence. The outer perimeter necessary for a sterile area to be searched in the immediate hours after a child’s disappearance. Once this area has been searched the perimeter could be made smaller, reducing disruption.
4. The importance of CCTV cameras in this case cannot be underplayed, although it is clearly an issue for the Government and /or area governance to install CCTV, had the resort had CCTV then this may well have been significant to the investigation.
5. That the senior officer must establish a media strategy where it is obvious either that the incident will attract considerable media attention, or where the incident has been deemed critical, requiring considerable resources and investigation. It was not acknowledge by the police the vital role that the media play in any critical incident – especially abductions. This failure had a significant impact on the investigation.
6. Where evidence is obtained that suggests a sighting may be significant it is vital that at the earliest opportunity a proper description is obtained, using photo-fit or artist impressions.
Serious consideration should then be given to releasing this sighting and photo-fit to the public.
7. The use of cadaver dogs should be very carefully considered by any future senior investigating officer.And when used very careful consideration should be given to relying solely on their evidence.
8. Urgent consideration needs to be given to a country wide register for sex offenders. 




References
Goncalo Amaral (2008), Maddie: The Truth of the Lie: Portugal:
Esquilo K Coleman et al (2007), Homicides, Firearms Offences and Intimate Violence, 2005-
2006, London: Home Office
Danny Collins (2008), Vanished: The Truth About the Disappearance of Madeleine
McCann, London: John Blake Publishing
Jon Silverman and David Wilson (2002), Innocence Betrayed: Paedophilia, the Media and Society, Cambridge: Polity Press
Hanfland, K. A., Keppel, R. D., & Weis, J. D. (1997). Case management for missing children homicide investigation. Olympia, WA: Attorney General of Washington.