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TinLizzy
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Date Posted:08/06/2010 10:19 AMCopy HTML

 THUR GMKM      
 7amon the morning of May 3rd, MADELEINE asked her father, GERALD, why he had not come into her bedroom when the twins were crying. The deponent had heard nothing and therefore had not gone into the room, yet he thought his daughter’s comment was strange, even because it was the first time that she made it.

On the day that MADELEINE disappeared, Thursday, 3 May 2007, they all woke up at the same time, between 07H30 and 08H00. When they were having breakfast, MADELEINE addressed her mother and asked her “why didn't you come last night when SEAN and I were crying?” (SIC). That he thought this comment very strange given that MADELEINE had never spoken like this and, the night before, they had maintained the same system of checking on the children, not having detected anything abnormal. When he questioned her about the comment, she left without any explanation
 She reports only one episode where, on the morning of Thursday the 3rd, Madeleine asked the witness why she had not come to look in the bedroom when the twins were crying. The witness states that she had heard nothing and had therefore not gone into the bedroom, nevertheless she found her daughter’s comment strange because it was the first time she had made it.

Regarding the fact that on the next morning, Thursday, during breakfast, Madeleine 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 the 3rd of May they all woke up between 7.30 and 8.00 a.m.; she doesn’t know who woke up first
.
       
 8am
 
 They washed the children and had breakfast at the apartment between 08:00 and 08:30 a.m. Food was bought by her and GERRY at the “Baptista” supermarket. She refers that the stay included breakfast at the Milénio restaurant, but as it was too far away 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 pyjama top, which she washed a little later that same morning. She hung it out to dry on a small stand, and it was dry by the afternoon. Madeleine sometimes drank tea; nevertheless 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.
 ..  
 
 
  
 9am Back to Thursday, after breakfast, about 09h00, KATE and the children left by the back door, the deponent having left by the front door, which he locked with the key, having also closed and locked the back door from the inside.

They made their way on foot down the usual route to the crèche next to the TAPAS, where they left the twins, and, while KATE stayed to play tennis, the deponent took MADELEINE to her crèche, through the short-cut, where they arrived at 09h15, and , since it was obligatory, he signed the child's attendance register. On returning, not by the short-cut, he went to the “BATISTA” supermarket where he bought milk, he presumes, making his way to his apartment, entering through the front door, which was locked by key, at around 09H40/09H45.

He remained at home for about 15 minutes, putting on tennis clothes
 . After breakfast they got dressed and left the apartment through the main door. All children went walking. The balcony 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 crèche next to the Tapas; at the same time she supposes that Gerry took Madeleine to the crèche next to the 24-hour reception area.

Once the children were 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.
  
 
 
 .
 
  
 10am Apart from what has been described, Madeleine and the other children went sailing on the beach, a five minute walk from the club, for an hour. This outing was organised by the resort itself and is part of an available chart. The supervision and organisation was done by the resort, therefore the deponent was not present, nor was his wife.

 left by the front door, that he did not lock, and made his way to the tennis courts down the usual route, they being next to the TAPAS. He played tennis for an hour with the instructor and other students, among whom was an individual he had met during this holiday, called "JEZ", and with whom he had established not quite a friendship, but rather a simple acquaintance. "JEZ" has two small children whose exact age he does not know. As to his wife, he had seen her next to the pool but had never spoken with her.
 on Wednesday or Thursday, Madeleine and the other children went sailing at the beach, five minutes away from the club, for an hour, in an event that was organised by the resort. The surveillance of this activity and the organisation were done by the club, and the deponent was not present, nor was her husband.

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.




(NOTE: JT claims that she and ROB went to the beach and saw Madeleine and Ella at their sailing

ROB claims to have been at the courts watching the other groups mini tennis and talking to Nigel about taking photos of children)
 
(See Message #3)



  



 
 
 
  
 11am The tennis class finished at 11H15, he stayed in the pool area talking with his wife and other people, whom he does not remember.   
 
 
  
 Midday

CRECHE
12.25 KM
 At 12H00, he agreed with KATE, as he recalls it, that she would make lunch and the deponent would pick up MADELEINE. He thinks that it was KATE who took the twins home. Since it was he who went to collect MADELEINE, he is sure he used the short-cut.

NOTE: Kate claims she went back to the apartment at 12.15 and then picked Madeleine up with Fiona.

Fiona claims they stayed at the pool and then went to pick Madeleine up

Catriona cannot remember who picked Madeleine up

The creche records show Kate 12.25)


At 12h30 they started lunch, the meal having lasted an hour, until 13h30
 Afterwards, she is not sure, they went back together to the apartment until close to 12:15 when she went to Madeleine’s crèche to pick her up, together with Fiona Payne. She signed the crèche's register and went to the twins’ crèche with the intention of picking them up, she thinks that she met 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 the deponent and Gerry, and the children maybe ate pasta. Lunch lasted around 20 minutes.

FIONA PAYNE

“When did you see Kate and Gerald on Thursday, so when was the first time that you saw Kate and Gerry on the Thursday?”
Reply
“It would have been sort of late morning when we’d got back from our sailing and we got changed, got some warm things on and we were just sat on the sun loungers by the pool, erm, just having a drink and Kate and Gerry appeared, we offered them a drink, I think they turned down, they either, they’d just had a tennis lesson or had a knock, erm. In fact I think, was it Gerry had had a lesson then and was going into length degree to Kate about his style of tennis and I was joking that Kate was actually listening to this and finding it incredibly boring cos it’s the sort of thing, you know, they, as a couple, they did have amazing sort of patience with each other than (inaudible), I wouldn’t have that with David talking to me (inaudible), so there was that joke, so yeah I think it was Gerry just had a tennis lesson and Kate might have been having a knock up, but they were in their tennis gear

 
FP - And then it was time to pick up the kids, so Kate and I walked from the Tapas area over to the main reception, going between, you know, there was a sort of path that went between the other Ocean Club complex as well along the road, erm, and she picked up Madeleine and I picked up Scarlet and then we walked back together and that was the only day we ever did, ever did that. Erm,
 
 
 
 
  
 1pm 
 the meal having lasted an hour, until 13h30. After that time they made their way to the resort play area, the deponent having left through the front door and the rest of the family through the back door that, once again, he shut and locked from the inside. As for the front door, he does not know exactly if he locked it.
NOTE: Kate claims differently about the door)
 
 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 and bored. They remained at this area for about an hour, maybe more

the last record of the mobile phone of Kate prior to the occurrence [event] occurs at 13:34:53
   
 
   
 2pm

CRECHE
14.50 KM
 They stayed in the play area for approximately an hour, until 14H30/14H35. After that, they left the twins at the crèche near the TAPAS, they signed the register, and the three of them (deponent, KATE and MADELEINE) made their way to the crèche at the main reception, where they arrived at 14H50 and delivered MADELEINE, not being able to say precisely who signed the register.

NOTE: Catriona does not remember who dropped her off
 then they left the twins at the crèche next to the Tapas and both of them took Madeleine to the other crèche. They went via a path in front of the small reception and then through a garden area and stairs, taking a short cut. This route was indicated to her by Gerry.

After leaving Madeleine at around 2:50 p.m
  
 
 
  
 3pm The deponent and KATE returned to the OCEAN CLUB by the short-cut and at the secondary reception they asked the lady employee if there was a vacant tennis court they could reserve. They were told there was a vacancy between 14H30 and 15H30. As it was already 15h00, they began to play immediately. At 15H30, the tennis instructor arrived, who taught them a class until 16H30

NOTE: Stephen Carpenter claims to have played all afternoon with Gerry)
 
 After leaving Madeleine at around 2:50 p.m., they both had, once more, a tennis lesson, this time an individual one just for the two of them, so they started playing a few balls at that time, given the fact that the court was empty.

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

  
 
 
4pmGM
They stayed there, talking, until 16H45, at which time the twins went to the meal area 
KM
The lesson ended an hour later, at around 4:30 p.m.
   
 
 
 5pm  At 17h00, as usual, MADELEINE arrived accompanied by the nannies and the other children. After her arrival, MADELEINE dined, having finished at 17H30.


After 17H30 they went to the apartment, the deponent having entered by the main door, which he did not lock while he was inside the residence. KATE and the children entered by the back door, after this had been opened from the inside by the deponent.

NOTE: Did Kate go jogging on the beach and wave to the others?) at 5.00pm
 Gerry continued playing tennis with a guest called JULIAN who belonged to his tennis group, while she went for a jog along the beach, for around half an hour. During that period she saw the rest of the group, children and grownups; she was disappointed as nobody had told her that they were going to the beach and Madeleine surely 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, at around 5:20/5:30 p.m., she went to the Tapas area. Gerry was there, as well as the twins and Madeleine who were having dinner at separate tables. Madeleine had been taken to the area by the nannies. Her parents were required to sign the register when the meal was over, at around 5.30 p.m.. 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, as well. Tiredness was due to the intense daily activities, not to any sickness.

They arrived at the apartment at around 5:40 p.m., earlier than usual, because Madeleine was tired, their other friends were at the beach


At the apartment they both bathed the children, and close to 6:00 p.m. Gerry went to the tennis courts, right 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 through the same door.
  
  
 
  
 6pmThey bathed the children, the deponent having left at 18H00 for a tennis game only for men, which was attended by: DAN, the tennis instructor; JULIAN, with whom he had played tennis several times; and CURTIS, with whom he had also played before.

During the afternoon of that day, the rest of the group, including the children, were at the beach, having returned at 18H30, the time at which he saw DAVID PAYNE next to the tennis court. DAVID went to visit KATE and the children and returned close to 19H00


NOTE: Most T9 claim David played tennis and they all finished just before 8.00pm (in ROGS) and yet they all claim in early statements that they returned to their apartment at 7.00 not giving time for them all to play the hour and certainly not David who visited Kate)
We know they left the Paraiso at approx 6.20 with a 15 min walk?

DAVID went to visit KATE and the children and returned close to 19H00, trying to convince the deponent to continue to play tennis, which he refused, as he had already been plying for about an hour and had to go back to his wife. Nevertheless, RUSSEL, DAVID and MATHEW stayed to play

 
 
 Gerry had an all-male tennis game at 6:00 p.m.

After the children’s bath, already alone, she put pyjamas and nappies on the twins, and 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. (NOTE: AND a bath at 8.00pm?) After showering, at around 6:30/6:40 p.m. and while she was getting dry, she heard somebody knocking at the balcony door. She wrapped herself in a towel and went to see who was at the balcony door. This door was closed but not locked as Gerry had left through this door. She saw that 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 even actually enter the flat, he remained at the balcony door. According to her he then left for the tennis courts where Gerry was. The time was around 6:30-6:40 p.m.

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 trousers. Sports shoes and white socks.

She read a story to the children in the living room, on the sofa in front of the balcony door, identified on the diagram with the letter D.
   
 
 
  
 7pmYesterday, after the daily routine, MADELEINE and the twins were put to bed in their respective beds, and he stresses put to bed, at 7.30 pm.

At around 19H00, he made his way to the apartment, finding KATE and the children playing on the sofa. About 10 to 15 minutes later, they took the children to the bedroom and they all sat on MADELEINE's bed to read a story. At 19H30, the twins were already in their respective cots and MADELEINE in the bed next to the bedroom door. He does not know if they were asleep but from the silence he presumed that they were. As it was still early he took a bath, he thinks that KATE had already done so, they talked a little and drank wine or beer.
 Yesterday, after the daily routine, Madeleine and the twins went into the bedroom and were put in their beds at around 7.30.

At 7:00 p.m. Gerry arrived and entered through the balcony door. He sat on the sofa identified with letter E. She doesn’t know if the story was finished, but thinks she was still 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 looking through the window.

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, but alert and paying attention to the story. Afterwards both twins kissed Madeleine, she thinks that Gerry was in the room, and each one of them, the deponent and Gerry, placed a twin in its cot at the same time, between Madeleine’s bed and the bed under the window. They also kissed Madeleine, who was already lying down. She was under the covers, she thinks, because it 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, which she thinks was covering 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 7:15 p.m. when they put the children to bed and checked they were sleeping, 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 one. She had a glass of wine, poured by Gerry, and he had wine or beer. The wine was from New Zealand, white.
   
 
 
  
 8pm
 
 The deponent and his wife remained in the apartment to relax and drink a glass of wine until 8.30 pm. After checking the children, the deponent and his wife and the adults went to the "Tapas" restaurant, around 50 metres away, where they had dinner together.

At 20H35, they left the apartment towards the “TAPAS”. Before they left, and because the children's bedroom door was ajar as always, he opened it a little more, listening from the outside and, as there was complete silence, he did not even enter, returning the door to its previous position, with a space of about 10cm.

He is certain that, before leaving home, the children's bedroom was totally dark, with the window closed, but he does not know it was locked, the shutters closed but with some slats open, and the curtains also drawn closed. Asked, he mentions that during the night the artificial light coming in from the outside is very weak, therefore, without a light being lit in the living room or in the kitchen, the visibility inside the bedroom is much reduced. Despite what he said in his previous statements, he states now and with certainty, that he left with KATE through the back door which he consequently closed but did not lock, given that that is only possible from the inside. Concerning the front door, although he is certain that it was closed, it is unlikely that it was locked, because they left through the back door.

They took the usual route to the “TAPAS”, where they arrived a little after 20H35, not having passed on the route anyone known nor detected anything abnormal. Asked, he said that the dinner bookings were made since Monday, it was already the intention of the group to take their meals there. They were the first of the group to arrive, seating themselves at the biggest table, as usual, which is located in the middle between other tables, under an awning with a transparent plastic surface at the front. He mentions that they were seated at the table, in a position that allowed the deponent to see almost the entire back door of his apartment, through which they left and entered and which gave access to the living room.

He adds that, among other people whom he does not recall, at one of the small tables was the CARPENTER couple, whom he also met playing tennis and with whom they spoke until the other group members began to arrive. He does not recall the order of arrival but he has the idea that MATHEW and RACHEL were the first to arrive after the deponent. As time went by, the rest of the group arrived until all nine adults were there.
.The witness and her husband stayed in the apartment, relaxing, until 8.30pm.

She took a bath,
NOTE: She was in a bath towel when David stopped by at approx 6.40)  did her make-up and drank a glass of New Zealand wine with her husband. Just after 8.30pm, the witness and her husband, after checking on their children, joined the other adults of the group at the "Tapas" restaurant, about 50 metres away, where they had dinner. 


Gerry was wearing blue denim trousers and sports shoes. She doesn’t remember what else he was wearing.

They talked while they drank, until they left for the Tapas restaurant at around 8.30-8.35 p.m. 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 so and all was quiet.

They left through the balcony 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 that before she left she put on a cream coloured polar fleece with a zipper, and on top a blue raincoat, also with a zipper. Concerning Gerry, she doesn’t know if he put on any other clothing items.

Concerning objects, she says they took their mobile phones with them, and Gerry might also have taken his wallet with money. Not sure if they took a camera.

Regarding the apartment, and as far as windows are concerned, she said they were closed but she doesn’t know if they were locked. The balcony window was closed but not locked, curtains closed. The second window in the living room was probably closed, she never used it and does not know if the shutters were closed. The kitchen window was probably closed but with the shutters open as there was light in the kitchen.

The window to Madeleine’s bedroom remained closed, but she doesn’t know if it was locked, shutters and curtains drawn, and that was how it remained since the first day, night and day. She never opened it. If somebody saw the window shutters in Madeleine’s room open, it was not the deponent who opened them, and she never saw them open.

The window in the deponent’s bedroom was closed and she knows they use the shutters, even because Gerry broke them and they were repaired on the Monday; the incident would have taken place on Sunday.


When asked, she said that before they left she took some precautions, namely placed 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 (packages in liquid for the children). In this bag there was also a small pair of scissors. In the kitchen were cutting items that were 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 also took medicine for acidity called Losec (omeprozole) which they also possessed.

 
Back to the description, the deponent 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 a.m., at which time they would be back in the apartment already.

They left the apartment between 8:30-8:35 p.m., 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, Steve and Carolyn Carpenter, who belonged to Gerry’s tennis group. They talked with them for a few moments before sitting down. Meanwhile, while they talked to the Carpenters, the rest of their group arrived and sat down at a round table, where they sat every day. Order of arrival: Kate and Gerry first, then Jane, she thinks on her own, then Mathew and Rachel, then Russell, she thinks, and right afterwards 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.


 
   
 
 
 
 
  
 9pm
 
 As usual, every half hour and considering that the restaurant was close to the apartment, the deponent or his wife went to check if the children were ok. Thus, at 9.05 pm, the deponent entered the club, using his key, the door being locked, and went to the children's bedroom and noted that the twins and Madeleine were in perfect condition. He then went to the toilet, where he remained for a few instants, left the apartment, and then crossed ways with someone with whom he had played tennis, who had a baby buggy, also a British citizen, with whom he had a brief conversation. He then returned to the restaurant. At around 9.30 pm, his friend MATT (a member of the group) went to his apartment where his own children were, and on his way he went into the deponent's apartment, going in through a sliding glass door at the side of the building, which was always unlocked. He went into the room, saw the twins and didn’t even notice if Madeleine was there, as everything was quiet, the shutters closed and the bedroom door half-open as usual. Then MATT went back to the restaurant.
 
 It is stressed that when one of the members of the group, JANE, went to her apartment to see her children, at around 9.10/9.15 pm, from behind and at a distance of about 50 metres, on the road next to the club, she saw a person carrying a child in pyjamas. JANE will be better able to clarify this situation.

At around 21H00, MATHEW stood up from the table, saying that he was going to check on the children. Nevertheless, he did not say that he would go to check on the deponent’s children, and it was only after the disappearance of MADELEINE that he told him that at 21h00 the shutters of the children's bedroom window were closed. At 21H05, MATHEW returned, the time at which the deponent left the table to go check on his children.


 
He walked the normal route up to the back door, which being open he only had to slide, and while he was entering the living room, he noticed that the children's bedroom door was not ajar as he had left it but half-way open, which he thought was strange, having then thought that possibly MADELEINE had got up to go to sleep in his bedroom, so as to avoid the noise produced by her siblings. Therefore, he entered the children's bedroom and established visual contact with each of them, checking and he is certain of this, that the three were deeply asleep. He left the children's bedroom returning to place the door how he had already previously described, then went to the bathroom. Everything else was normal, the shutters, curtains and windows closed, very dark, there only being the light that came from the living room.

He adds that he did not enter any other part of the residence, where he was for only two or three minutes, leaving yet again through the back door, that he closed but did not lock. He clarifies that he returned without checking any other couple’s children, even because he had not been asked to do so.

After leaving through the side gate, and while on his way to the secondary reception entrance, less than 10 metres from the gate, he saw “JEZ” walking up the street on the opposite pavement, bringing with him a baby buggy with his youngest child. He crossed the road in JEZ's direction who was walking up on the right-hand side, in the ascending direction, both having chatted for 3 to 4 minutes, about tennis, holidays and children. While talking with JEZ, he saw no-one from the group, nor detected any suspicious individual or vehicle. Because he was specifically asked, he relates that during this period of time he did certainly not see JANE passing that location, although he clarifies that he was speaking facing JEZ, with his back to the other pathway, where his apartment is situated. He also mentions that JEZ never told him that he had seen anyone, given that he was in front.

He then returned to the TAPAS, between 21h10 and 21h15, dinner having gone as normal. As the movement of people at the table was frequent, he does not know if, when he returned, anyone else was absent, namely JANE. At around 21h30 he drew KATE's attention to the fact that it was time for her to go to see the children, MATHEW having immediately volunteered to substitute her, given the fact that she was chatting. Three to four minutes later MATHEW returned, saying only "all is quiet" (SIC), he having entered through the back door, given that he did not have the key and it was usual for them to enter in that way.


After MATHEW arrived and before KATE left, he does not recall if anyone else was absent, although it was very probable that such had happened. He thinks that, on that night, none of the adults nor children were ill. Asked, he mentions that the daughter of RUSSEL and FIONA would have been ill on Tuesday.

Half and hour later, without anything to remark, it being 22h03, he again alerted KATE that it was time to check the children. She immediately made her way to the apartment by the usual path, having entered through the back door. About 10 minutes later, he started to worry about her taking so long, and, at the moment the deponent prepared to get up and to check why she was taking so long, KATE appeared running, completely distraught and crying, saying that MADELEINE had disappeared and that she was sure because she had looked throughout the entire house.

The deponent ran into the apartment accompanied by the rest of the group who, at the time, were seated at the table. When he arrived at the bedroom he first noticed that the door was completely open, the window was also open to one side, the shutters almost fully raised, the curtains drawn back, MADELEINE's bed was empty but the twins continued sleeping in their cots. He clarifies that according to what KATE told him, that was the scenario that she found when she entered the apartment.

Then he closed the shutters, made his way to the outside and tried to open them, which he managed to do, much to his surprise given that he thought that that was only possible from the inside. They continued with searches outside, around the various apartment blocks, the deponent having asked MATHEW to go to the secondary reception in order to communicate the fact to the local police, since he had no doubt that his daughter had been abducted. He refutes, peremptorily, the possibility that MADELEINE could have left the apartment by her own means.

The deponent had had the wrong idea that MATHEW had seen the bedroom shutters closed when he was there at 21H30, and therefore he thought the disappearance would have taken place between 21h30 and 22h00, but presently he is fully convinced that the abduction took place during the period of time between his check at 21h05 and MATHEW's visit at 21H30

He peremptorily denies that anyone in the group mat be directly or indirectly involved in the disappearance of his daughter. He presumes that, when his wife alerted him about her disappearance, all the group members were seated at the table. He mentions that, also during the dinner, none of the members complained about being ill or manifested any strange behaviour; there was a relaxed atmosphere.

Asked, he mentions that on Thursday, 3 May 2007, there was nobody from outside of the group seated at the table, nor does he know any person with the name IRWIN.
  As usual, every half hour, and given the fact that the restaurant was close, the witness and her husband came to make sure the children were ok. Thus, at around 9pm, her husband went to the apartment to make sure the twins, as well as Madeleine, were in perfect condition, (Translation or an odd expression to use?) then he went back to the restaurant. Her husband told her that the children were well and that he had bumped into the person with whom he had played tennis, who also had two children.

The witness notes that at the same time, one of their friends, called Russell, went to see his children, too,  (NOTE: not Jane?) nevertheless he did not go to the room where the witness was staying.

At around 9.30pm, at the time when the witness should have gone to see her children, her friend Matt (a member of the group), who was coming to check, as well, went to the apartment where his children were staying and on his way went to the witness’s apartment. He entered the apartment through a glass sliding door at the side that was always unlocked and once inside, he had not gone into the children's bedroom. He remained at the bedroom door, listening for noise and observing the beds. He went back to the restaurant and said that everything was fine.

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

She doesn’t know if anyone took any photographs that night, however she thinks that Rachel took photos on one of the nights. When asked, she said that Fiona also took some photos but she thinks it was probably on 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.

Concerning the checks on the children, she said that Gerry was the first one to check on the children, this was decided on the spot, at around 9-9:05 p.m. He got up from the table and entered the apartment through the balcony door. He came back to the table ten minutes later; he implied that the children were asleep and that 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 own.

At 9:30 p.m. 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 as he was going anyway.

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

Apart from Matt, she does not remember if anyone else got up from the table.
   
 
 
 
 
 
 
  
 10pm  At 10pm, his wife Kate went to check on the children. She went into the apartment through the door using her key and saw right away that the children’s bedroom door was completely open, the window was also open, the shutters raised and the curtains drawn open. The side door that opens into the living room, which as said earlier, was never locked, was closed.

Faced with this altered scenario, KATE checked that the twins were in their respective beds, unlike MADELEINE, who had disappeared. After thoroughly searching the apartment, his wife, quite scared and upset, went to the restaurant to alert the deponent and the others about the disappearance. Immediately, the group headed for the club and searched across all the facilities, swimming pool, tennis etc., as well as in the apartment, with the help of Ocean Club employees, while at the same time they contacted the authorities, that would later appear.

 At around 10pm, the witness came to check on the children. She went into the apartment by the side door, which was closed, but unlocked, as already said, and immediately noticed that the door to her children's bedroom was completely open, the window was also open, the shutters raised and the curtains open, while she was certain of having closed them all as she always did.

Faced with this altered situation, she verified that the twins were in their beds, unlike Madeleine, who had disappeared. The cover was neatly pulled back and the toys were on the pillow as usual. After searching the whole apartment thoroughly, and already quite scared and unnerved, she returned to the restaurant, and alerted her husband and the rest of the group to the disappearance. The group immediately headed to the club, and set about searching in all the buildings, swimming pool, tennis courts etc... as well as in the apartment with the help of employees. At the same time, they contacted the authorities, which would later arrive.
 
Later, the witness would learn that a member of the group, Russell's partner Jane, at around 9.15pm, when she went to her own apartment to check on her children, saw from behind and at a distance of about 50 metres, on the road along the club, a long-haired person, she thinks wearing jeans, with a child in his arms, walking very quickly. But she is better able to tell about that herself.

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

At this moment, and because it is late, 11 p.m., the interview was interrupted and will be continued on the next morning.
REST OF STATEMENT?
   
 
 
   
 11pm Concerning the bed where his daughter was on the night she disappeared, he says that she slept uncovered, as usual when it was hot, with the bedclothes folded down. Concerning the other bed next to the window in the children's bedroom, he says that it showed no signs that anyone had put their feet on it, namely, dirt or shoe prints.        
 Midnight Concerning the half-hourly checking of the children, it had been inspired by the MARK WARNER system called "baby listening", as referred to previously. On the night of the events, he ate fish at dinner, and sausages and potatoes as a starter, drinking white wine. Usually, between 20h30 and the end of dinner, they would drink more or less a bottle of wine per person.

Asked, he says that KATE never told him anything about her having "a bad presentiment" concerning this trip.

        
 1am It was not until about 01h00 on 4 May 2007 that he learned through RUSSEL that his partner, JANE, at around 21h10, saw a man crossing the top of the road with a child in his arms, that may or may not have been his daughter MADELEINE. Asked, he mentions that he does not recall describing the exact type of pyjamas (colour, designs, etc.) that MADELEINE was wearing at the time she disappeared. The photo of his daughter MADELEINE, after having printed several at the hotel reception, was delivered this police’s agents on location, as well as to other persons who were there.
        
 2am         
 3am         
 4am         
 5am         
 6am         

DISCREPANCIES FROM ABOVE TABLE

LUNCHTIME

 Midday

CRECHE
12.25 KM
 At 12H00, he agreed with KATE, as he recalls it, that she would make lunch and the deponent would pick up MADELEINE. He thinks that it was KATE who took the twins home. Since it was he who went to collect MADELEINE, he is sure he used the short-cut.
NOTE: Kate claims she went back to the apartment at 12.15 and then picked Madeleine up with Fiona.

Fiona claims they stayed at the pool and then went to pick Madeleine up

Catriona cannot remember who picked Madeleine up

The creche records show Kate 12.25)


At 12h30 they started lunch, the meal having lasted an hour, until 13h30

GERRY At 12H00, together with KATE, as he recalls it, she made lunch and he went to get MADELEINE. He thinks that it was KATE who took the twins home. Since it was he who went to collect MADELEINE, he is sure he used the short-cut.


GERRY At 12h30 they started lunch, the meal having lasted an hour until 13h30

 Afterwards, she is not sure, they went back together to the apartment until close to 12:15 when she went to Madeleine’s crèche to pick her up, together with Fiona Payne. She signed the crèche's register and went to the twins’ crèche with the intention of picking them up, she thinks that she met 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 the deponent and Gerry, and the children maybe ate pasta. Lunch lasted around 20 minutes.


KATE 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

FIONA PAYNE

“When did you see Kate and Gerald on Thursday, so when was the first time that you saw Kate and Gerry on the Thursday?”
Reply
“It would have been sort of late morning when we’d got back from our sailing and we got changed, got some warm things on and we were just sat on the sun loungers by the pool, erm, just having a drink and Kate and Gerry appeared, we offered them a drink, I think they turned down, they either, they’d just had a tennis lesson or had a knock, erm. In fact I think, was it Gerry had had a lesson then and was going into length degree to Kate about his style of tennis and I was joking that Kate was actually listening to this and finding it incredibly boring cos it’s the sort of thing, you know, they, as a couple, they did have amazing sort of patience with each other than (inaudible), I wouldn’t have that with David talking to me (inaudible), so there was that joke, so yeah I think it was Gerry just had a tennis lesson and Kate might have been having a knock up, but they were in their tennis gear


 FP - And then it was time to pick up the kids, so Kate and I walked from the Tapas area over to the main reception, going between, you know, there was a sort of path that went between the other Ocean Club complex as well along the road, erm, and she picked up Madeleine and I picked up Scarlet and then we walked back together and that was the only day we ever did, ever did that. Erm,


MORNING

10am Apart from what has been described, Madeleine and the other children went sailing on the beach, a five minute walk from the club, for an hour. This outing was organised by the resort itself and is part of an available chart. The supervision and organisation was done by the resort, therefore the deponent was not present, nor was his wife.

 left by the front door, that he did not lock, and made his way to the tennis courts down the usual route, they being next to the TAPAS. He played tennis for an hour with the instructor and other students, among whom was an individual he had met during this holiday, called "JEZ", and with whom he had established not quite a friendship, but rather a simple acquaintance. "JEZ" has two small children whose exact age he does not know. As to his wife, he had seen her next to the pool but had never spoken with her.
 on Wednesday or Thursday, Madeleine and the other children went sailing at the beach, five minutes away from the club, for an hour, in an event that was organised by the resort. The surveillance of this activity and the organisation were done by the club, and the deponent was not present, nor was her husband.

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.




(NOTE: JT claims that she and ROB went to the beach and saw Madeleine and Ella at their sailing
After the lesson, the interviewee and her partner, O'Brien, went with their daughter **** to the beach. (7) They stayed there until 12.20.

Ella and Madeleine and the rest of the groupthey were getting ready to walk back up to the, erm, tut, the
Kids Club

I’ve got pictures
of Ella, of Evie, that’s about the first day I took pictures actually

Thursday was actually probably one of the first nice
daysthe sun had more come out in the day



ROB claims to have been at the courts watching the other groups mini tennis and talking to Nigel about taking photos of children)
 

ROB After Jane’s tennis lesson I’ll try and preserve it as much as possible, ‘I recall that one of the guests a man from Southampton came up full-stop. ‘His daughter it was his three year old daughter, ‘his young daughter was having a this, it may be word perfect, ‘was having a erm
1578 “We have got His daughter was playing tennis
Reply “Well, yeah, his, his daughter was having a tennis lesson, you know, a kid’s tennis lesson

And I think that’s important, particularly, because of what the man said, if Madeleine was potentially being photographed by anyone, it was absolutely clear that Madeleine and E were not there that day

And present at that conversation were?Reply “Well certainly
myself, Jane, Kate and Rachael,


MO Claims he was sailing at the beach until his tennis lesson with Rachael at 11.10

Fiona and Dave had just returned at 11am approx



 


PICKING UP MADELEINE FROM HIGH TEA MAY 3rd
4pmGM
They stayed there, talking, until 16H45, at which time the twins went to the meal area 
KM
The lesson ended an hour later, at around 4:30 p.m.
   
 
 
 5pm  At 17h00, as usual, MADELEINE arrived accompanied by the nannies and the other children. After her arrival, MADELEINE dined, having finished at 17H30.


After 17H30 they went to the apartment, the deponent having entered by the main door, which he did not lock while he was inside the residence. KATE and the children entered by the back door, after this had been opened from the inside by the deponent.

NOTE: Did Kate go jogging on the beach and wave to the others?) at 5.00pm
 Gerry continued playing tennis with a guest called JULIAN who belonged to his tennis group, while she went for a jog along the beach, for around half an hour. During that period she saw the rest of the group, children and grownups; she was disappointed as nobody had told her that they were going to the beach and Madeleine surely 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, at around 5:20/5:30 p.m., she went to the Tapas area. Gerry was there, as well as the twins and Madeleine who were having dinner at separate tables. Madeleine had been taken to the area by the nannies. Her parents were required to sign the register when the meal was over, at around 5.30 p.m.. 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, as well. Tiredness was due to the intense daily activities, not to any sickness.

They arrived at the apartment at around 5:40 p.m., earlier than usual, because Madeleine was tired, their other friends were at the beach


At the apartment they both bathed the children, and close to 6:00 p.m. Gerry went to the tennis courts, right 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 through the same door.

CATRIONA ROGATORY (nothing in early statements) after Rothley visit in November.
.
Kate went to get Madeleine from the Tapas Bar area

(NOTE: Went refers to someone 'going' as opposed to 'arriving' Translation maybe?)


and according to what I remember she was wearing sporting clothes and I assumed that she was practicing some form of athletics. It was around 15h25/18h00. (5.25-600?)  I think that Gerry was playing tennis.

QUESTION: Why would she THINK Gerry was playing tennis?
Gerry claims he was there and Kate claims he was playing with Julian earlier but was already at the tapas when she arrived, so did someone TELL Catriona he was playing tennis?

If not, did she know them well enough to guess (even though he was 'supposedly' right there?)


G & K claim Madeleine was tired and Kate carried her home while Gerry walked with the twins at 6.40

ie
Gerry claims he was there
Kate claims he was there
Catriona claims he wasn't there (she 'thinks' he was playing tennis)

  
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