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TinLizzy
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Date Posted:07/14/2011 9:58 PMCopy HTML

DAILY EXPRESS (Deleted)

’MCCANNS ARE LYING’
24th September
Madeleine McCann
Monday September 24,2007
By David Pilditch and Martin Evans in Praia da Luz

Portuguese police believe Gerry and Kate McCann are using friends to hide their role in killing Madeleine.The Daily Express can reveal that their seven holiday friends may now be named as suspects as police believe they are hiding the truth about Madeleine’s death.The dramatic move comes as it was reported that former chief suspect Robert Murat is to be told he will not face charges over the four-year-old’s disappearance. Ruling him out of the four-month investigation will leave Kate and Gerry McCann as the sole suspects.

Last night police sources said the decision could have a devastating impact on the McCanns’ defence. In an astonishing twist, British expat Murat could be used as a key prosecution witness against the McCanns. Almost the entire police case against Murat was built on evidence from the couple’s holiday friends.

Investigators believe the McCanns “cooked up a story” that Madeleine had been kidnapped to throw them off the trail and enlisted members of their party to provide them with an alibi. They also believe the group tried to turn the focus of the investigation towards Murat.

Yesterday it was revealed that police are questioning new witnesses who cast doubts over the evidence of members of the holiday group.The McCanns and their friends told how they took turns to check on their children every 30 minutes as they ate at a tapas restaurant on May 3, the night Madeleine vanished.

But one Portuguese newspaper reported that employees at the restaurant insisted that only Dr Russell O’Brien, 36, and hospital consultant Matthew Oldfield, 37, left the dinner table that evening. Another witness has come forward to refute the testimony of a third friend Jane Tanner, 36, who told police she saw a man carrying a child rushing from the Ocean Club complex at around 9.15pm on May 3.

Yesterday it was reported in Portugal that a new witness, an unnamed Irishman, told police he was in the same spot as Miss Tanner at the same time and saw no one. He is the second independent witness to dispute her story and police sources said they viewed Miss Tanner’s evidence as “unreliable” because of inconsistencies. Officers are concerned that she apparently changed her version of the sighting.She originally claimed she saw the suspect rushing towards the Baptista supermarket in Praia da Luz. She told police the child was wrapped in a blanket. A second independent witness reported seeing a similar man with a child in a blanket near the town’s church heading towards the beach. The route he took matches the alleged trail of death discovered by British sniffer dogs who detected the scent of a corpse. But Miss Tanner has now told detectives that the man was heading in a different direction – towards Murat’s home. Police regard her account as one of a series given by the McCanns and their friends to convince them that Madeleine had been kidnapped.

Officers believe former hospital anaesthetist Kate, 39, killed her daughter by accidentally giving her an overdose of sleeping pills. They are working on the theory that consultant cardiologist Gerry, also 39, helped to dispose of Madeleine’s body. Police are awaiting results of toxicology tests carried out on bodily fluids with an 88 per cent match to Madeleine’s DNA found in the boot of a hire car the couple rented 25 days after she went missing.

Dr O’Brien, along with Mr Oldfield’s wife Rachael, 36, and another friend Dr Fiona Payne, 34, said they saw Murat near the McCanns’ apartment on May 3 and their claim appeared to shatter Murat’s alibi.Detectives interrogated the McCanns at police headquarters in Portimao 17 days ago over the discrepancies. The couple were told separately later that day they were being named as suspects or arguidos.

Last night another member of the McCanns’ holiday party was reported to have stepped into the mystery. The move came after it was revealed that police in Portugal were focusing their investigation on a “lost seven hours” on the day Madeleine disappeared.Now Dr Payne’s husband – medical researcher David, 41 – has claimed he saw Madeleine being put to bed when he visited the McCann flat at 7pm. Before his new testimony, police sources admitted they could not confirm the whereabouts of Kate and Madeleine after 1.29pm that day. Kate’s movements were said to be unaccounted for until she sat down to have dinner with Gerry and their friends at around 8.40pm.

But the McCanns believe Mr Payne’s testimony will be crucial in proving their innocence. That would leave just an hour and a half in which they were supposed to have killed their daughter and disposed of her body. But last night a source in Portugal said police were viewing alibis provided by the McCanns’ friends with suspicion. They are convinced that some or all of them may have known what happened to Madeleine and may have helped to cover up her death. The source said police had not ruled out the possibility of naming them all as suspects – and they could face being charged as accessories.

The source said: “It has long been considered a number of people may have been involved in this unfortunate case.”In Portugal yesterday it was revealed that detectives have seized a British police manual from the McCanns.Officers believe the book could be used as a key piece of evidence in building a case against them.A Portuguese police source said: “It is certainly not the sort of reading material you would expect a couple to take on a relaxing family holiday".





Here is a timeline of the applicable statements for those hours.....

Midday

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


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.
madeleine picked up by kate: 12-45 KM

Catriona
Kate, who picked her up at 12.45pm

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

jRuss took the, took the kayak out for a bit and then came
back and then we just sat, I think we just stayed then on the beach and waited to,
because Ella, and then waited ‘til sort of half twelve to go and pick Ella up for lunch,
erm. So we walked back via the Kids Club and then back up for lunch. And I think
that day was the day we had lunch in our apartment with just Matt and Rachael and not Dave and Fi. I think, I think because they’d done the sailing early


ROB So after I’ve gone out to play tennis, erm, the next couple of paragraphs occur and then ‘We probably saw Madeleine at lunchtime and one of us probably collected El*so it’s slightly out of, it’s slightly out of synch this��?

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,

and then when we got back they, you know, Kate too Madeleine to their apartment for lunch and, erm, I went up to ours for lunch.

And that day, erm, I think was the only day that no-one else came for lunch, erm, tut, I think that was just me, Dave and my mum, and the others,

Rachael and Matt, I think, had their lunch with Russ and Jane, erm, so those two families were together,

Kate and Gerry on their own and us on our own.

We put our kids to bed slightly earlier that day, thinking, because it was a nicer day, that we’ll try and get down to the beach and, you know, have a bit of a afternoon at the beach with them. So that day was slightly different”.


MO - I assume we made our way back from the beach, picked G***e up from Nursery and, erm, had lunch, but I can’t remember where we had lunch that day, it may have been at Dave and Fiona’s by that point in the week


JT
The interviewee did not notice if Madeleine was still at the "Kids Club" when they had been to fetch ****. They went to have lunch in their apartment with their two children together with Matthew Oldfield, Rachael Manpilly and their daughter *****. They had lunch from 12.45 to 1.45--------------------------------------------------------------------------------


1pm

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



GERRY 13h30 After that time they made their way to the resort play area, the deponent left by the front door and the rest of the family by the rear door that, once again, he shut and locked from the inside. As to the front door, he does not know exactly if he locked it.
----- That they stayed in the play area for approximately an hour until 14H30/14H35

After finishing lunch they stayed for a while at the apartment, then they went to the recreation area next to the pool, as the children were somewhat restless, maybe tired or bored. They remained at this area an hour, maybe more, then they left the twins at the creche next to the Tapas and both of them took Madeleine to the other creche. They went via a path in front of the small reception and then through gardens and stairs, taking a short cut. This route was the one mentioned by Gerry.



jbefore Ella went back, Rachael and I just went to have a knock on the tennis court probably about half one

ROB ‘I believe I saw Madeleine at lunchtime��?

DP - on that particular day err me and Fiona had you know gone down to the beach, we err took the dinghies out err as usual we went, you know we had the kids, err we had lunch err in the apartment.

--------------------------------------------------------------------------------


2pm

jt may 4
at around 2pm, the interviewee again played tennis (8) but with Rachael Manpilly this time. The interviewee remembers that while she was playing tennis, (8) she saw Kate Healy and Gerald mcCann with their three children in the play area next to the court. Kate waved to her. The mcCann family stayed in that play area until 2.40 when they drove their children to the "Kids Club".

After finishing playing tennis (8) at around 2.45, the interviewee went back to her apartment (1) where she stayed with her daughter ****. Her husband and Matthew Oldfield went sailing.



GERRY After that 14H30/14H35 they left the twins next to the crèche at the TAPAS, they signed the register and the three (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.

CB madeleine dropped by kate : 14-50 KM
4 in the afternoon (including Madeleine)



Peninington
9-10
2.30-3
Sunday, 29th of April 2007, and on Thursday, 03rd of May 2007, she had direct contact with Madeleine McCann, telling her stories and speaking with her.

last photo 14:39

Toddler 2\'s TWINS
14.45 signed KM

(NOTE: Last photo 2.39pm, they signed the twins by 2.35pm and signed Madeleine in 11 minutes after the photo?)



j Russ took back, took Ella back to the Kids Cluband Matt was listening for Evie and Grace

jI think we played ‘til about, phew, half two

jI’m not sure


ROB if this is going to be another question that you are going to ask, but I think that was
the last time that I saw Madeleine, because Kate and Gerry brought the kids, all the
kids down to the play area to, they would have their lunch before they took them
back to the Kids Club, and I think that was about two, quarter past two’ish, and I can
remember Madeleine shouting things to us on the tennis court, you know, and I can
remember Gerry sort of going ‘Oh good shot��?or whatever. And I think that would
have been the last time that I personally, you know, I personally saw Madeleine.
Erm, and I think they then left, I say times, I’m not sure, but I know, I think it was
probably, the Kids Club had already gone back in, because I could hear, the Kids
Club was right by the court, so, and I can remember thinking ‘Oh they’ve not gone
straight back in��? Then they took the twins up to the Kids Club and I presume
Madeleine back to the, to the other one
, because then Kate and Gerry, I think we saw
them, I can’t remember for exactly, but I think we saw them when we come back,
because they’d booked a, erm, a private tennis lesson, just the two of them, that


I can’t recall if I collected El*or whether she was brought up by the Nannies, it’s all a bit hazy now��? I think I can probably say the Nannies did not bring the children back at the end of the morning session because there was no tea, they weren’t bringing them back sort of thing. So I think I can probably, I can probably clarify there that, erm, ‘Either Jane or I collected El*from the��? erm, ‘from the��? erm, ‘Ocean Club, Mini Club’��?

Jane was looking after E��? we didn’t, we didn’t put her into, into the club that afternoon



DP -that afternoon I wanted to go down err to the Ocean, err to the beach and err you know windsurf err Matt and Russell had gone down there, they were, had taken the catamaran out. So I went down there err while Fiona and Dianne were looking after the girls in our apartment.


MO- then in the aft, when G***e went down to sleep Rachael went to play tennis with Jane, I’m fairly sure about that.
--------------------------------------------------------------------------------

3pm

DW May 4
Concerning the day yesterday, she went to the beach with her granddaughters, her son-in-law and her daughter. They arrived there at around 3.45pm and left at around 6.15pm to go to the tennis courts where she stayed until 7pm. The deponent then went to the apartment with the granddaughters and ten minutes later, her son-in-law, David, joined them. With her son-in-law's help, they bathed the children.

They left the apartment at around 8.45 and accompanied by her son-in-law and her daughter, they went to join the rest of the group at the "TAPAS" restaurant.

The McCann couple were amongst the other friends at dinner.




--------------------------------------------------------------------------------

GERRYThe 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 to 15H30. As it was already 15h00, they began to play immediately. At 15H30, the tennis instructor arrived, who instructed each of them until 16H30.


During the afternoon of that day the rest of the group members, including the children, were at the beach, [they] having returned at 18H30, the time at which he saw DP next to the tennis court.


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

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


jI can’t remember whether we saw them coming back
before me and Rachael finished or whether we saw them doing that when we then
went down to the beach, but I remember seeing Kate and Gerry coming back to have
their, have their private tennis lesson.
j me and Rachael probably knocked
up for about any hour maybe or probably a bit less than an hour, then went back and
then, then Matt and Russ, when we got back, Matt and Russ went down to the beach
and I think they took a boat out, erm, Matt fell off the boat and nearly lost Matt off
the side of the boat

j we’d arranged to actually take all the
kids down to the beach with Dave and Fi and Dianne that afternoon, so then when
Evie and Grace woke up, we all well followed and all went down to the beach as a
group, but not with, but Kate and Gerry didn’t come then because they’d booked this
private, you know, this private lesson��?

jElla was still in the Kids Club at this point as well��? I’d say three thirty-four

“By the time we’d got everybody, trying to get Dave and Fi anywhere is like trying to
organise an Army, so I imagined it probably went a bit��?
“They’re just always late and faffing, I think Dave’s a faffer so it’s normally, so,
yeah, I think, erm, it was probably three thirty, four��?


ROB Well we, me and Matt had gone down to the beach to go on, as I say, Matt’s a good, quite a good sailor and we took one of the, the, erm, the catamarans out. So we’d gone down, erm, just after lunch, probably after the kids had gone back to the Kids Club, so two, two o’clock, two or three o’clock, and had quite a long sail, erm, we were out for a long time, Matt sailed for a bit and then I sailed for a bit and he kind of gave me a bit of a lesson really. Erm, as I said, he, he got bounced overboard and the kind of wire snapped and I had to learn quite quickly how to turn a catamaran round and not run someone over in the water with it


’When I was out sailing with Matt he fell in the water, I had saved him��? erm, ‘which made the day quite memorable��? yeah, full-stop. Oh that, and it being ‘the best day weather wise��? yeah, it was a really nice day��?

Jane was at the beach with the children (inaudible) she was in full running kit��? Erm, you did ask me about what kit she had on at the time, erm, I mean, I said I think it was probably either a grey vest top, it was probably slightly less than a tee-shirt, erm, and sort of blue sort of sports, you know, female running shorts, or the colours were the other way round, but, that would be a guesstimate


FP - I think I just stayed at the apartment, Dave possibly, sort of halfway through the afternoon, while the kids were still asleep, went off to do some wind surfing and I think Matt and Russell had already gone down to do, to take a boat out a bit earlier, so the men were sort of out of the picture, and I don’t know what Gerry was doing. Erm, as I say, mum, I can’t remember whether mum was with me or not, she possibly had played a bit of tennis, I think she might have played a bit of tennis with Jane, I don’t know, I can’t comment on them, but I was around, I was around the apartment”.


And then they would have woken up, the kids would have woken up about sort of three, half three, erm, and I went down to the beach at that point, certainly with mum, Dave, I can’t, I really can’t remember now whether he came down then to go wind surfing or whether he’d left a bit earlier to do the wind surfing, I have a feeling it was just the girls on their own that walked down to the beach, because Jane and, erm, Rachael also brought their children and we all sort of headed down to the beach”.


MO - with Russell and we actually went sailing for part of the evening, erm, for part of the afternoon, so it was sort of relatively late in the, erm, because G***e would sleep sort of half twelve, one o’clock and she’d sleep for sort of a couple of hours and Rachael would be out to play tennis and then came back, erm, so we went off from then.
--------------------------------------------------------------------------------
JT May 4
At 3.45, the interviewee went to the Praia beach (7) with her daughter, ****, Rachael Manpilly, Diane Webster, Fiona Payne, *** Payne and ***** Payne. Her husband Russell O'Brien was back from his boat trip and he went to fetch **** from the "Kids Club." They joined the group at the beach (7)until they went back at around 6.10/6.15. On the way to the beach, the group of friends mentioned above, saw Gerald McCann and Kate Healy having an individual tennis lesson. The children were not with them. At around 5.15pm, they saw Kate Healy jogging along the beach. (7)

-------------------------------------------------------------------------------

4pm

GERRYAt 15H30, the tennis instructor arrived, who instructed each of them until 16H30.


The stayed in that place, talking, until 16H45 at which time the twins went to the meal area.



KATE he lesson ended an hour afterwards, close to 4:30PM.

ROB a lot of the others had congregated down on the beach and were down by the, by the waterfront, pretty much at the end of the, the boardwalk from the Paradiso Restaurant. So me and Matt got, dropped the boat off, came over, erm, lots of general laughter about Matt’s near death experience and, erm, I trying to, you know, play up the glory as much as possible of course. Erm, the kids were playing there, erm, this was, I would imagine would be, you know, quarter past four, half four time, erm, when we probably finished sailing

FP - assuming we got to the beach about four o’clock, I’d say, you know, I’d say Matt must have got in, I’m sure it was Matt and Russ, about half four, erm, and then, about twenty minutes after that, maybe Dave. Erm, so by five o’clock we were all kind of ready to have a drink and feed the kids. Erm, so that, that group as a whole went up to the restaurant, erm, on the beach and ordered our, well the food for the kids, we didn’t eat, and we all had a beer. Erm, so, yeah, I’d say about five”.

MO - by the time we’d got back in the, erm, the rest of the families were down on the beach, apart from Gerry and Kate and their kids, so it was Dave and Fiona and L*** and Scarlet, erm, and Jane and E**a and E**e and they were playing on the beach. And so we sort of put the boat away, got changed and came over to them, all sort of full of our experiences of falling over and Russell saving my life, as he, you know, he told you yesterday”.

Maria Manuela Antonia José cook at tapas
Upon questioning, she states that the last time she saw Madeleine was at approximately 16.30 on 3rd May 2007 when she was having dinner with the other children in their part of the restaurant, as she did each day of that week.

--------------------------------------------------------------------------------


5pm

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

CB madeleine picked up by kate : 17-30

GERRY17h00, as usual, MADELEINE arrived accompanied by the teachers and the other children. After her arrival, MADELEJNE ate, [the meal] having ended 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 rear door, after this had been opened from the inside by the deponent.


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

They arrived at the apartment around 5:40PM, earlier than usual, because Madeleine was tired, their other friends were at the beach and Gerry had an all-male tennis game at 6:00PM.


j probably on the beach
for an hour. Matt and Russ came out from their sailing

jDavid, might have
been down there as well, he might not have come down with us, he might have
already been down there as well but he joined us.

j think he was, yeah, I
think he was out on the water as well, so he wouldn’t have walked down with us, we
met him there as well��?

j
“He was on the beach with you?��?
“Erm, phew, five minutes��?/FONT>
.
j we played with the kids for probably
about an hour and a half on the beach. And then Russell went to get, pick Ella up and he brought her back down

j I think it was about five. It would have been before, because they used to walk
them up for tea, so because we were going to give them all tea on the beach we
didn’t, we made sure it was before they left, but it would have probably have been
about, just before five I think��?
“And how long did it take you to go from the beach to the Kids Club?��?
“No, it was up a hill. Yeah, probably four or five minutes��?
“Okay. Go on then. So Russell goes back to fetch Ella?��?/FONT>

jthen we walked up to, I
think it’s Café Paris, Parisio


I can’t remember whether I saw them when me and Rachael
went back to the room or whether it was when we took all the kids down to the
beach, we saw them playing tennis, but we’d seen them then. And also I saw, we saw Kate running when we were at the Café Parisio or whatever it was, Kate was running along, we saw Kate running along the beach, so she’d obviously gone for a run. Actually I think that was before, I think that’s, yeah, that’s when we were still
on the beach, so it was before we’d gone to the café that we saw Kate running��?
“Before, yeah. So it would have probably been before five, it would have been sort
of, either before, definitely before half past five I would have said we’d seen her,

ROB The first real, you know, thing, from the point of the investigation, is that we saw Kate do her run, her run past at some stage and it was, the people who was there, it was all, you know, it was Dave and Fi, erm, Matt and Rachael, erm, myself and Jane and all, and all of our children. I can’t off-hand remember whether Dianne was there or not, as I said before, I think she probably was.

around the five or five fifteen, five twenty mark or somewhere round there, erm, Kate McCANN came running down, she didn’t, I don’t think she stopped to speak to us, as far as I recall, erm, and she carried on up on the hard sand, quite near to the water, away towards, towards I think what’s called Black Rock, it’s a big kind of cliff, just erm, just east of the beach, erm, gave a bit of a wave of acknowledgement, erm, and as we were discussing earlier, I think she had a fairly sort of standard running kit on her, a pair of, of, erm, of shorts that, erm, and a, and a, and a, either a very sort of light tee-shirt or maybe a kind of running vest, I don’t remember which way round, but I saw, I seem to remember one being grey and one being a kind of navy blue,



she ran off and, erm, I don’t, I don’t remember her coming back, but as time went on, I think the kids were getting a little bit hungry, so we drifted back up the beach to the, the Paradiso Restaurant, I think it’s called, erm, and got some chairs there, ordered some, some food for the children, because they’d missed, they’d missed high tea. I have missed something out, something out here, of course, is that, erm, around the five o’clock mark, erm, I had to pelt up to Ocean Club to get El out before the Nannies would have taken them up to high tea back at the Tapas. So I went up there, collected E and brought her back to the beach



I have to say, hand on heart, you know, a year later, I don’t remember whether Madeleine was there or not, but the routine would have been that none of us would have needed to pick, to pick them up, so I, I presume she was, but can no longer absolutely place her there when I picked Ella up


DP - Err I was down err windsurfing, I must have been windsurfing for a couple of hours, err saw Matt and Russ out on err the catamaran and then after we finished there we you know we met on the beach, played with the girls on the beach and then we went to the err the restaurant which is on the err overlooking the beach and you know we had err the evening meal there

FP - somebody, I don’t know which one of the group, did say they’d seen Kate run past”.




6pm

JT may 4
Russell O'Brien, Matthew Oldfield and David Payne left the beach (7) a little earlier to go to the tennis court for men's tennis night. When the group came back from the beach (7) at around 6.20pm, they went past the tennis court and they saw all the men, including Gerald McCann, on the court. (8) They stayed to talk to them for around 20 to 30 minutes. Gerald McCann behaved normally. The interviewee supposed that Kate was at the apartment (1) putting the children to bed. Around 7pm, they went to their own apartments (1) with the children. The interviewee bathed her two daughters, read them a story to send them to sleep. As **** was unwell and had difficulty going to sleep, she stayed with her father who, meantime, had returned. The interviewee went to dinner at the, "Tapas," restaurant at around 8.30pm.


Matt Oldfield's statement of 10th May regarding 3rd May

About 18h00 he, ROB and DP went to a social men's tennis match, held in the above resort area, where they remained until about 19h00. He clarifies that when they arrived at that meeting GM was already there, with KM and her children watching the match, the rest of the women and children joining them [KM and children] later.


GERRY That they bathed the children, the deponent having left at 18H00 for a tennis game only for men, at which were: DAN, tennis instructor; JULIAN, with whom he had played tennis several times; and CURTIS, with whom he had also played.

KATE At the flat they both bathed the children, and close to 6:00PM Gerry went to the tennis courts, soon after the children had finished their bath. They entered the apartment by the main door, with the key. She does not know if it was locked, and presumes it was Gerry who opened it. At lunch time they also entered by the same door.

Gerry During the afternoon of that day the rest of the group members, including the children, were at the beach, [they] having returned at 18H30, the time at which he saw DP next to the tennis court.

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

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


jThursday night was actually the men’s night of tennis
normally it started at half six but we’d asked ‘Could the
social tennis start at six��? so that they then gave us time to get the kids into bed afterwards��?

j remember saying to Russell and Matt and everything, it was about quarter past six, I said ‘Oh you’ve got to go to the men’s night tennis because they’ve
changed the times for us and now you’re not blo*dy going��? you know, that sort of, it
was that sort of thing. So I think at about quarter past six they, they all went up to, erm, to the men’s tennis��?

j we followed up probably about quarter of an
hour later with all the kids and we went to the play area by the tennis courts and had
a, you know, we probably stayed there for about half an hour or so

jGerry was
there, he was playing, he was playing tennis��?


ROB around the six o’clock mark we were, we were having such a good time down there we were, we were half tempted to, for the men not to go back to what was planned up at the Tapas, erm, namely a sort of men’s social tennis round, you know, which I think was due to start at six. And I think as it got around six we thought it’s not really fair, you know, three of us not going there, there might not be enough players, you know, there wasn’t a full resort, so me, Matt and Dave, erm, left everybody else down at the beach and headed back up to the, to the, erm, the apartments, well to the Tapas anyway


DP -
Err after we had the meal we got some ice cream and then err we decided that we were gonna go up and play tennis so I left err with err Russell, we left the, err the girls at the restaurant and we went up to the, err back up to the Ocean Club. Err I, as I say I’m not sure you know what happened to Matt and Russell at that particular moment but I remember then you know I went over to see err Gerry at the err you know tennis courts, just to see you know what was happening, and err decided that we’d, you know I’d come, come back to play tennis and err Gerry had asked me just to pop in and check everything was alright err with Kate or you know again I can’t remember the exact reason whether he was just making sure it was alright that he could stay there and you know more time but you know he’d asked me to pop in. So I walked back err from the tennis courts, err back to err you know Kate and Gerry’s apartment and the time you know looking at, you know we’ve looked obviously at photographs since then and you know the time that we’ve got that I was you know going to Kate’s about six thirty, err and I went into their apartment through the patio doors. The three children were all you know dressed you know in their pyjamas, you know they looked immaculate, you know they were just like angels, they all looked so happy and well looked after and content and I said to Kate, you know it’s a bit early for the you know, for the three of them to be going to bed, she said ah they’ve had such a great time, they’re really tired and you know err so I say, you know I can’t remember exactly what, what you know the night attire, what the children were wearing but white was the predominant err colour, but you know just to reinforce they were just so happy, you know seeing you know obviously Gerry wasn’t there but they were just all, just so at peace and you know they looked like a family who’d had such a fantastic time and err yeah then I left there, went and got my stuff, went back to the tennis courts and then err there was me, Matt and Russell and I think Gerry played a little, for a little while but he decided that he’d, he’d played enough tennis for that day and err was going back and so it left with me,



FP - then I remember it getting to tennis time, because it was men’s tennis that night and the men had all rearranged the time to suit us and it was getting towards six o’clock and, you know, they were going to be late, so I remember saying ‘Look, you better go because it’s not fair, you’ve moved the time then you’ll be late’. Erm, so I think that, that was sort of approaching five to six.

And we were toying with the idea of getting the kids ice creams for pudding and then thought oh we probably don’t have time, but then we decided well, you know, why don’t you go off and go to your tennis and we’ll just give them their ice cream and follow on.

And so I think they left probably about, you know, that being Matt and Dave and Russell, around five to six, six o’clock time.

And the, you know, the wives stayed behind with the kids, they had ice cream and then we followed on about ten past six
and we just walked back up to, to watch them play a bit of tennis and give the kids, you know, a little playtime. Erm, and I don’t think we stayed there that long that night because the kids were pretty, pretty tired.


I don’t know who was playing who, but there was certainly Gerry, Matt, erm, you know, Russ and Dave, erm, and typically being men, it was all quite competitive and, erm, and far different to the women’s tennis. Erm,

Kate and the kids, I think, as I said earlier, weren’t there and, you know, they, as Gerry said, were just absolutely knackered and Kate was getting them bathed and ready for bed.

it wasn’t a surprise that they weren’t there. Erm, and I know Dave had said to me later, because he, erm, after tennis he’d said he’d checked on Kate and the kids before going to tennis”.

“How did that come into your conversation?”
Reply
“Because he was saying how angelic they all looked and he said to Kate when we all sat down at the Tapas table as well and he was sort of joking how they looked like perfect children, because they were all sat there, all clean in their pyjamas, having a story”.
1485
“Yeah. But when did he, specifically, when did he tell you?”

Reply
“I think it was when we were getting the kids ready for bed and we were back in our apartment”.


MO - So we finished and set off, probably about twenty past six, sometime around there, because it was after when we’d got them to move, we were already late, so I think if we’d said, if they’d move it to six thirty and we’re setting off at six twenty, I would have been happy that we could have made it there in time, but we’d already gone past the time when I thought we won’t be able to go because we were already so late”.
00.07.20 4078 “Was that you, David and”.
Reply “Russell”.
4078 “Russell”.
Reply “It was men’s social. Erm, so we went back up, erm, back to, well I went back to the apartment, got the tennis gear and back onto the courts or back to the courts area, erm, and the other guys went to get their stuff. Erm, and I think Dave said that he’d been to the apartment, but I don’t know that for definite, that’s just something I think has come out, I didn’t know anything about that. So we went, got our stuff and came back to the courts, which were already in play, because the social had already started. And Gerry was down playing on a court, I think there was only three of them, I think the, erm, the coach, whose name I can’t remember, the tennis coach, the blonde haired bloke, erm, was playing to make up the numbers. And so we waited and watched for a little while, so we didn’t get on court until, phew, sometime closer to seven,



DP - So where were you going then? Presumably you weren’t going to play tennis were you? When you left the beach, what was…”
Reply "Yeah, oh yes that was always the intention and that’s what Fiona was saying, look if you’re actually gonna do anything tonight you’d better get yourselves up there and it’s getting quite late so that was, you know, that’s the reason we’d all gone ahead because we waited till the children had finished eating and err got in the prams and got up there, you know it takes another five ten minutes on top walking back with them, err then you know we’d have lost the opportunity. Err again, presuming that you know the tennis was usually around six thirty, that if you know, if we’re leaving the restaurant you know, quarter past six or whatever, around that time, that you know if we’d leave it much longer with it taking ten minutes or whatever to walk up just to start the tennis at half six, you know we were already cutting it fine and I think as it transpired we were playing tennis till you know even beyond there, it was quarter to seven, or around then and err you know if we’d have left it much later then we just thought well it’s gonna finish, so.”
00:33:29 1485 "Right, were you going for a lesson or were you actually going to play?”
Reply "We were gonna play, there was obviously me, Matt and Russ, and Gerry was making up the four, fourth err person.”
1485 "But he was already playing?”
Reply "Yeah he’d already been playing and that’s partly the reason that he kind of like threw in the towel early and said ah you know I’ve had, enough’s enough, I’ve had a good day and err but then we managed to get Dan, the pro, just to play a bit with us err you know so that made up the four ball err just for a little while.”
1485 "So your four…”
Reply "Yeah.”
1485 "Was yourself, Matt, Russell and…”
Reply "Well it started off with Gerry and we had a bit with him and then Dan played a bit.”
1485 "And Dan, Dan replaced Gerry then did he?”
Reply "Yeah.”
1485 "How far through the game was that?”
Reply "I can’t remember.”
1485 "Sets wise?”
Reply "Err you know whether we played one, you know again this is just, yeah usually we’d play a set and then change over so most likely it would be Gerry played a set and then left, that was most likely how it happened.”
1485 "Okay, and it was at what point that Gerry said to you go and, would you mind checking at Kate?”
Reply "Well I mean coming back from the beach I’d got no equipment to play tennis you know, etcetera, so I had to go back to my room to you know change into stuff appropriate for playing tennis in, and err so he knew that I’d walk up that by and past so he said oh why don’t you err, you know can you just pop in on the way, the way up, so it was on the way back from me picking the stuff up.”
1485 "Right, so you’ve walked past, you’ve walked past Gerry’s apartment to get to yours.”
Reply "Mm.”
1485 "Got changed?”
Reply "No, you know it was, again whether it was, in my mind it was on the way up that I’d popped in to Kate but it could have been on the way back, again, I’m sorry.”
1485 "No, it’s okay.”
Reply "For my vagueness.”
00:35:21 1485 "But either way you’d have had to walk past because you go the roadside don’t you?”
Reply "Yeah.”
1485 "So you’d have had to walk past Gerry’s…”
Reply "Yeah.”
1485 "Front door twice wouldn’t you?”
Reply "Yeah.”
1485 "Is that right?”
Reply "So, the reason why I think it was more likely that I did it on the way there was because I’ve called in through the err patio, it kind of made more sense that I’d have walked in through the gate and then up through the you know where the sliding doors are to say I’m here, rather than going up to my apartment, coming back down, coming past the apartment and then coming in the sliding doors.”
1485 "Yeah.”
Reply "Because what I would have done is I’d have got changed and gone downstairs and then knocked on the front door because that, you know that would have made more sense rather than going all the way round and…”
1485 "Yeah, course.”
Reply "So that’s in my mind why it makes more sense that it was, that that was on the way up.”
1485 "Right, so how long did you spend in your apartment before, I know you, I appreciate that you can’t recall whether it’s going or coming.”
Reply "Yeah.”
1485 "The likelihood is that it’s on the way.”
Reply "Yeah.”
1485 "How long did you spend in your apartment?”
00:36:24 Reply "I mean again, we’ve you know, we’ve chatted about the timings and everything and you know looked at the photographs and you know, you know we were leaving about quarter past six from the err restaurant, we’d gotta walk up there, ten, fifteen minutes, conversation with Gerry, conversation with Kate, you know that’s another five, ten minutes on to your ten, fifteen minutes walk so you’re talking twenty five minutes, so that’s taken you to twenty five to, twenty to seven, well you know we were certainly playing tennis for a, you know the best part of an hour err so you know it couldn’t have been long that I was in the apartment, you know a matter of minutes.”
1485 "Yeah.”
Reply "You know just to pick the kit up and, and then go back down really.”
1485 "Did you have your own racquet?”
Reply "I didn’t, no, I was using the, err Mark Warner’s racquets.”
1485 "Mark Warner’s, okay. I just want to revisit the going and seeing Kate before we move on.”
Reply "Mm.”
1485 "Alright, and the reason why I’ve kept it separate is because I want you to just think now.”
Reply "Mm.”
1485 "And imagine, remember what you saw.”
Reply "Mm.”
1485 "Did you open the door, slid door? Or was it already open? Or…”
Reply "Err I think it was already open, I think it was already open. Err you know, as I say, I walked up there, Kate was you know I say looking very relaxed and err I say a comment to her I said well crikey it’s early, early for them to be getting ready you know for bed, as I say she said ah no, I’ve had such a good, you know such a good day and afternoon err so you know, and Gerry’s just obviously finishing off playing tennis and err so you know hopefully try and get them down and as I say we were just, you know I, I know, it does sound bizarre but I just looked at the three of them and I couldn’t, you know they were just so well presented and so clean and immaculate it was, you know I was, and you know they just looked such healthy children, err you know, there’s, there’s you know nothing that normally…”
1485 "Yeah.”
00:38:36 Reply "Triggers in my mind like that but it was just how well that they looked and err…”
1485 "Try to remember where in, where they were in the apartment.

Err, I mean the, the time that I was there err you know all, all of them err all the children and Kate were in the, err as soon as you go through the patio doors err you know they were all in the immediate area you know in front of you, err that was the area that they generally, you know when I saw them, so I didn’t, no I didn’t go any further into the apartment, you know it was just a conversation that I like, you know walked into the, you know through the French doors, I went into the lounge err you know the open plan area and err you know just had a brief conversation, you know things started off by as I say, saying about the, how well they looked and you know, it’s early to get them ready for bed and then I said oh Gerry’s, you know just finished over there, we’re going over to play a bit of tennis, err I probably said is there any problems with that and she said ah no, no fine, you know carry on, and err you know perhaps a bit more of a conversation err but you know it, it wasn’t many minutes that I was, was there.”
1485 "Yeah.”
00:39:55 Reply "But err certainly enough time just to see, you know, certainly the apartment, there was nothing that was untoward, that was you know err the children all looked extremely happy, there was no, you know signs of any problems with err you know Kate, you know or indeed the relationship that Kate had got with any of the three children. None of the children had been told off, none of the children looked like they were you know in trouble for anything, you know they were err still all talking and playing around. Err so you know it was just a very err transient you know that I’d gone in there, but as I say it just struck me how well they all looked.”
1485 "Yeah.”
Reply "And content I suppose is the other word to use.”
1485 "Did you actually go into the apartment?”
Reply "I did.”
1485 "Or did you do the conversation from the door?”
Reply "No, definitely was inside the apartment, you know whether it be two or three steps into the apartment or you know however many, but I was definitely in the apartment.”
00:41:00 1485 "Okay, so now what I’m gonna try and ask you to recollect, what everybody was wearing.”
Reply "I’m afraid that is, you know I’m, I cannot recall at all. I know that’s, you’d think that’d be an obvious thing to remember, I cannot remember. As I say the, from the children point of view predominantly I can remember the, you know, white, but I couldn’t say exactly what they were wearing. Err…”
1485 "But could you remember what Kate was wearing for example?”
Reply "I can’t, no.”
1485 "And did you actually set eyes on each individual child?”
Reply "All three children I saw, yeah.”
1485 "And were they standing up? Sitting down?”
Reply "Err they were generally standing up, yeah.”
1485 "Did they actually acknowledge you?”
Reply "Err oh yeah, you know I’m very sure that if you’d have asked them, you know that evening or the next day they’d all say ah yeah, I popped in. You know I, you know I did know the children very well, we’d all you know, met up many times before err you know I, you know again I’d be playing with Madeleine you know in the, err the play area err you know during that week, you know lifting her up, twizzing her round and everything, I knew her that well, you know, to do that, and as I say err she’d definitely know who I was and certainly, as I say, just to reinforce that she looked very happy.”
1485 "Yeah. Was that the last time you saw Madeleine?”
00:42:39 Reply "It was.”
1485 "How many minutes, you said as a matter of minutes and then you went back and then you played tennis.”
Reply "Mm.”
1485 "I’m gonna pin you down and ask you how long you think you were in there for. I know you say minutes.”
Reply "In their apartment, it, it, I’d say three minutes, five maximum.”
1485 "Three to five?”
Reply "Yeah.”
1485 "So then you step back out, did you leave the doors open or did you close them?”
Reply "Err I couldn’t remember. You know, again, I’ve got the, in my mind that the doors were open when I went in and I probably would have just walked out back that way, you know, it still, I mean it’s still relatively nice outside, it was light and everything so err you know I, I, whether they kept the door open it’s just nice when it’s the end of the evening you know, sorry, you know the end of the afternoon, but if I’m perfectly honest the answer to that question is I can’t remember

Okay. So then you went back and then you played, you played a game for about an hour?”
Reply "Yeah.”
1485 "You think from seven, from about seven till about eight?”
Reply "Yeah, I mean it must, I mean it was before, I mean we got back before eight o’ clock err you know so perhaps just before seven, err sorry, err yeah just before seven so it was just before eight o’ clock. As I say when I got back I think I was cutting it fine and Fiona was still keen to go for a run and we started to get everyone ready for bed.”
1485 "Yeah.”
Reply "And err so it was, as I say, about an hour but certainly we’d finished before eight o’ clock.”
00:44:18 1485 "Okay, and when you finished, I’m just trying to put this in order here, when you actually, when you finished and you went back to the apartment, did you say anything to Gerry about, about the fact that his family were fine? Or…”
Reply "Yeah, err yeah, I haven’t mentioned this before, but yes, yeah I’d certainly, when we met up I said oh yeah, you know everything’s fine there, you know probably along the lines of you know you’ve got a bit more of a free pass you know you can carry on for a bit longer, Kate’s fine without everyone you know all the children are, are happy, there’s no difficulties with bath time or anything so you know, without actually saying all that just conveying to him that you know I don’t think you need to err rush back, you’ve got a free pass for a bit longer.”
1485 "Alright.”
Reply "Err yeah.”
1485 "So was that as soon as you got back to the, to the tennis courts?”
Reply "Yeah that would have been when we got back.”
1485 "When you got back to the tennis courts as opposed to at the end of the tennis session.”
Reply "Yeah, yeah, yeah.”
1485 "Okay, and was he fine with that?”
Reply "Yeah, yeah, yeah. I mean, again, you know it’s difficult with cameras and everything, you don’t want to sound (inaudible) or anything, but you know he’s a very sorted person, a very caring person and that’s the kind of thing, you know he’s very organised.”
1485 "Yeah.”
Reply "And you know he will make sure everything’s fine and sorted before you know the, the, he’d carry on and do something for his own benefit if you like. So you know he was certainly one to, he would have wanted to know before you know continuing.”
00:45:45 1485 "Okay. We’ve talked, you’ve talked about you know, you’ve gone back and you’ve got ready and Fiona’s gone for a run.”

Err my recollection was that we were just got, you know we were round there, I thought we’d actually entered into the Tapas bar to just…”
1485 "Actually into the complex?”
Reply "Just, just into the complex, but certainly we hadn’t made it yet to the swimming pool but it was just, just about there.”
1485 "Okay.”
Reply "Err yeah.”
00:46:42 1485 "And what time do you think that was?”
Reply "Err we were, we were just before nine, you know just before nine o’ clock err we yeah we went between quarter to and nine o’ clock.”
1485 "And then you sat down, after the comments of course that you…”
Reply "Yes, yeah.”
1485 "Who was there when you got, when you got to the table?”
Reply "Err well, as I say, Gerry was sat next to me, err on my left, and then there was this choice of where Dianne was gonna sit with err, err Matt and err Russell, so those people had to be there, Kate was obviously there, Fiona had walked down with, as well, and err and as for Rachael and Jane I, I cannot say a hundred percent that they were there.”
1485 "What was Gerry doing when you got there?”
Reply "Err I, again my recollection is we sat down and I just started talking to him, but I’m not sure whether that is entirely correct, whether he was having a conversation with somebody else before and then you know I just started talking but my recollection we started, you know, not far after we’d sat down we just started talking and you know, and I say we were just saying, you know what we’d both done and what a fantastic day that we’d had err you know and I know beyond the call of this interview but you know I’d had a lot of stress you know with work and over the last few years and you know it’s, it’s you know two, two young children it’s not been a particularly easy time and you know and for me that was the first day in many, many a month that I’d really enjoyed it and then Gerry had reciprocated and said we also had one of the best days that we’d had in many, many a month. You know that is my recollection of the first thing that happened on that table, but just, whether its because it was such a positive conversation that we’d had, which override the fact that there was other things that had happened before I wouldn’t like to say but in my mind that was the first thing that had happened.”
1485 "Yeah. So did you notice that he got up to go and check Madeleine, or to check his children?”
00:49:10 Reply "Yeah, I mean I, you know I know the people who left the table but I couldn’t tell you what order they left in and I couldn’t tell you what the time is that they left. You know, people have chatted about it, you know we’ve read about it and I’m not prepared to say well I think this is what happened because I’m sure my view’s been tainted by, you know, what we’ve read and what we’ve seen.”


--------------------------------------------------------------------------------


7pm
GM -Yesterday, 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. 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.

KATE May 4
Yesterday, after the daily routine, Madeleine and the twins went into the bedroom and were put in their beds at around 7.30. The witness and her husband stayed in the apartment, relaxing, until 8.30pm. She took a bath, 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.

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

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


GERRY - DAVID went to visit KATE and the children and returned close to 19H00, trying to convince the deponent to continue to play tennis, to which [entreaty] he did not accede as he had already been plying for about an hour and had to go back to to his wife. Nevertheless, RUSSEL, DAVID and MATHEW stayed to play.



At 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 had one, they talked a little and drank wine or beer.


At 20H35, they left the apartment in the direction of 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 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 external blinds closed but with some slats open, and the curtains also drawn closed. Asked, he relates that during the night the artificial light coming in from the outside is very weak, because, without a light being on in the lounge or 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 by the rear door which he consequently closed but did not lock given that that is only possible from the inside. Referring to the front door, while he is certain that it was closed it is unlikely that it was locked as [because] they had left by the rear door.
----- They took the usual route to the TAPAS, where they arrived a little after 20H35

after the daily routines, MADELEINE and the twins were put to bed in their respective beds at 7.30pm. The parents remained in the apartment to relax and drink a glass of wine until 8.30pm.


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

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

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



JEZ - I left about 8:15 to 8:30 pm. I was pushing the pram around the complex and went to the toilet near the bar. I could not see inside the restaurant. As I got the baby to sleep, I was on my way back to the apartment. I came out at the top road.

I left the apartment and turned right. I walked via the lower street, looked to the building block where the McCann apartment was situated and saw a woman dressed in purple clothing. I referred to this woman in relation to the questions asked by Jane Tanner. At the next crossing, I turned right and continued on down the hill

Jez - I met him near the stairs of a ground floor. There was a gate leading up to some stairs. I was pretty certain that he had left the apartment. We spoke for a few minutes. He said you’re on walking duty. I said I was staying in and pros and cons and what to do with the children.
The conversation lasted for about three (3) to five (5) minutes

JEZ - I assumed that he had gone to check on the children. I cannot affirm if I saw him exactly leaving the apartment through the passageway, and if he was heading towards the tapas Bar
.
Jez - I crossed the street to talk to Gerry.

The conversation lasted for approximately three to five minutes. We spoke of the care of children and how they were getting along. He told me something like “he was on night duty”.

The doorbell woke us up at about 1 am. It was the resort manager who I learnt to be John and one of Jerry’s friends. I think his name was Matt. He is white, slim, and tall with graying hair. From previous conversations I learnt him to be a diabetics specialist. We met him o the way to the destination. Matt said XXXXX to the effect that Jerry’s daughter had been abducted, and that Jerry said that he had met me and wanted to know if I had seen anything. I said “You’re joking”. I offered help but they said there was nothing that could be done at that stage. We remained at the apartment but could see people around the pool and at the front with torches. I also saw the police arriving. We then went to bed.
I left the apartment around 20h30. I calculate that I met Gerry on the road between 20h45 and 21h15. I am aware of the importance of this hour and am also aware that the media announced our meeting time as 21h05. Even if this were correct, I have no idea from where such information originated. It is not possible to give you a more exact time.

Gerry told me if he had stayed another week, he would likely do as I was doing and would stay with the children one night. It appeared as though he was jealous of what I was doing, but given that he was with a big group, he felt the obligation to meet with them every night, and the chosen location was the Tapas bar. I believe that there was some sort of agreement with the tapas Bar as they appeared to have a reservation every night and it was impossible for other guests to book at spot there.


that the time I left it was dusk

JEZ (Ref JT)
I believe I saw her when I first ventured out. She was stopped on the street in front of one of the group’s apartments when I passed her down towards the exit to my apartment. I do not know if it was her apartment or not. I remember that she was wearing the colour purple.

Jez - I last saw Jerry and Kate on Saturday, 5th May 2007 about 4 pm or 5 pm.We were sitting by the pool. I walked over to Jerry and wanted to let him know that I was thinking about him. I shook his hand. He was quiet but wasn’t crying. I thought it was brave of him and his wife to go t the pool. I said hello to Kate, I didn’t know what to say in that situation. She looked really upset. That was the last time I physically saw Jerry and Kate.

JEZ - I do not have grand memories of Madeleine but did see her on some occasions with her parents in the crèche. My last memory of the twins, specifically, was in the company of adults (I think they were friends that travelled here) in the pool zone and also on the day that we left,

JEZ - Saturday 5th of May, 2007.
Saturday, 5th of May 2007. If was a very emotional encounter and I did not know what to say to them. I went over to Gerry and gave him a pat on the shoulder and spoke briefly with Kate. Together they appeared constrained and I became emotional as well.

JEZ - about 2015hrs, Jeremy took him, in the pushchair for a walk. He walked around the main area of the resort and eventually ended up in the Tapas bar where he used the toilet facility. He was unable to state what time this was. His son was still awake so he walked in the area of the ocean club gardens and walked along the alleyways in that general area. He eventually made his way along Rua Dr Francisco toward the direction of Rua Dr Agostinho. At this time he was walking on the right side of the road passing the Tapas bar area to his left. He noticed the bad street lighting and although it was not completely dark there was enough light to see clearly. As he approached the corner of the McCanns apartment, he saw Gerry appear from the area of the gate. He crossed the road and engaged in general conversation with Gerry


j took the children back and got them, you know, bathed and blah blah and got them ready for bed, but that was
probably, by that stage that was probably, erm, half seven’ish probably I’d say, by the time we, we went back, if not maybe even a bit later, I’m not sure, but around then, around the seven o’clock mark��?

jRussell was still playing tennis she was like
‘Where’s daddy, why is he not putting me to bed��?/FONT>

j so they were
probably back about, he was probably back about quarter to eight


ROB think me and Matt went straight to the, the courts, Dave went off to his apartment and I believe, erm, to Gerry and Kate’s apartment as well. Erm, we then went down to the tennis, erm, it had already started because we were a little late, erm, and, erm, there was Gerry, Dan and a number of other male guests, maybe just sort of another three, two or three people, whose name I may have known at the time but no longer do, I certainly didn’t know them terribly well. And we started off playing doubles on both, both of the two courts, erm, sometimes changing, changing players��?
01.01.51 1578 “So there is Gerry, Dan, yourself and Matt?��?BR>Reply “And Dave and a couple of other guests��?
1578 “You said Dave went to the apartment?��?BR>Reply “Well he did, but only briefly and then, well he went, he went back there and then, and then joined us, so fairly rapidly there was the full kind of compliment of, erm, of, the male adults within the group were playing tennis. And, erm, we played for, you know, a fair amount of time, I mean, in total, we were out there probably an hour and a half nearly, erm, you know, something between an hour and an hour and a half.


at some point during that period, erm, all the, the people came back up from the beach, so the kids were up at the, I can remember them being up at the, erm, the netting looking down at the sunken courts. Erm, I say, they may have come down onto the court briefly and, erm, well it’s the point we weren’t playing anything like competitive tennis anyway. Erm, and at some stage Jane, I think, well the kids had had a fairly long day, it had been quite hot, erm, and all that week they were usually absolutely exhausted at the end of the day and ready for bed, erm, and Jane took our children back. I think Matt took, erm, Grace took, sorry, Rachael took Grace. And I think Gerry actually left the court because he had been playing for longer than us, I think he went back a little earlier than me, Matt and Dave. Erm, and Dan, the tennis coach, had also left before we did


DP - Err after we had the meal we got some ice cream and then err we decided that we were gonna go up and play tennis so I left err with err Russell, we left the, err the girls at the restaurant and we went up to the, err back up to the Ocean Club. Err I, as I say I’m not sure you know what happened to Matt and Russell at that particular moment but I remember then you know I went over to see err Gerry at the err you know tennis courts, just to see you know what was happening, and err decided that we’d, you know I’d come, come back to play tennis and err Gerry had asked me just to pop in and check everything was alright err with Kate or you know again I can’t remember the exact reason whether he was just making sure it was alright that he could stay there and you know more time but you know he’d asked me to pop in. So I walked back err from the tennis courts, err back to err you know Kate and Gerry’s apartment and the time you know looking at, you know we’ve looked obviously at photographs since then and you know the time that we’ve got that I was you know going to Kate’s about six thirty, err and I went into their apartment through the patio doors. The three children were all you know dressed you know in their pyjamas, you know they looked immaculate, you know they were just like angels, they all looked so happy and well looked after and content and I said to Kate, you know it’s a bit early for the you know, for the three of them to be going to bed, she said ah they’ve had such a great time, they’re really tired and you know err so I say, you know I can’t remember exactly what, what you know the night attire, what the children were wearing but white was the predominant err colour, but you know just to reinforce they were just so happy, you know seeing you know obviously Gerry wasn’t there but they were just all, just so at peace and you know they looked like a family who’d had such a fantastic time and err yeah then I left there, went and got my stuff, went back to the tennis courts and then err there was me, Matt and Russell and I think Gerry played a little, for a little while but he decided that he’d, he’d played enough tennis for that day and err was going back and so it left with me,

Russell and err Matt and err Dan who was the, the you know the tennis coach from Mark Warner. Err so we played some tennis and you know we were having a good knock and then it was getting a bit late so err we, you know we left the tennis courts, went back to our respective partners to get ready to go out, you know it was, it was, you know certainly after half past seven that we’d, you know we’d left the courts, perhaps even a bit later than that. Err when I got back err I think because Fiona had done a lot of babysitting and left me playing tennis she said well I’m gonna go for a very quick run so she went for a run on the beach, you know, err got the kids ready, bathed, got them ready for err to go to bed but again you know as we’d got back late err from the tennis courts you know the whole time err for that evening was not, you know later.


FP - “I’d say, if we came back about seven, he was about ten minutes after that, so about ten past seven, quarter past seven, something like that”.
1485
“And then you went for your run. So he told you that before you went for your run?”
Reply
“Yeah, yeah”.


Erm, and, yeah, the others, sort of me, Rachael and Jane, with the kids, our kids, were just sort of watching them playing for a bit, we didn’t stay that long that night”.

FP - Erm, I’m trying to think, I’d say probably by seven o’clock we were, me and my mum headed back with the kids to start bath time. Erm, and Dave, we left him playing tennis for a bit longer. Erm, I think we’d bathed the kids by the time he got back, probably ten minutes later. Erm, and then I went for a run that night, after the kids were bathed”.

it must have been about half past seven”.

I had a fairly standard sort of route, I’d sort of go down past the Tapas Restaurant, cut across to the far sort of right side of the beach as you are looking at it and then I would run along the beach full length, come back to the Paradiso Restaurant bit and cut up, erm, I mean, it’s hard to describe, cut up through the shops and then back again. But, you know, it was the same sort of route I did”.

“I’m quite slow. It was probably about a twenty or a twenty-five minute run”.

“I would have been back by eight o’clock”

That day was a really nice day, which is why I wanted to do the run. And I remember the Thursday was a bit of a transition day, as I say, you know, with the weather, it just seemed to warm up, it was sunnier, erm, and it was a very pleasant evening, you know, it was a nice sunny evening, warm”..


MO - so maybe sort of quarter to or twenty to or ten to seven we went down to the court. And we were hoping that Gerry would actually stay and make up the four, because everybody, there was one court that was full of four and then there was a three over he, but he, erm, sort of went back to, erm, to sort of help with, you know, Kate and the kids and didn’t stay to sort of play with us and there was just the three of us and I think the coach stayed and played to make up the four initially, but didn’t want to stay, so he didn’t stay the whole time. But we played then for, I think the best part of an hour, erm, before going back to the apartment. And that would have made me slightly late for putting G***e to bed, so I was sort of, oh I better go, I better finish now because, you know, Rachael will be doing it all on her own”.

00.08.51 4078 “You would be in trouble?”
Reply “Well, yeah, and also because, you know, I like doing the, I usually do bath time and Rachael would do the story, so I was quite keen to get back anyway. So half seven we’d normally be trying to get her down to, but she was, erm, awake when I got back so we did the story, I mean, she’d had a bath and been out, but it was just sort of the down time before getting into bed, I’m pretty certain she was still awake at that point when we came back, so we put her down and read stories, erm, she goes down fairly easy, she goes into our bedroom and we take all the stuff we need out of the room before we, erm, sort of put her down and then close the door so we don’t have to go back in, although you often could if you crept in without waking her up. Erm, so that would be sometime between, normally we’d be there at half seven and sort of have an hour to get down, to get, to get ready to go out, so it’d be sort of closer to eight this time


8pm

j Ella and Evie weren’t in bed at that point, erm, I think they, it was
probably about quarter past eight by the time we actually put them, them in, them
into bed. And then I went down to the restaurant just after half eight

jthat stage we knew what the menu was, so I’d got Russell’s
order but he stayed, because the children had only been asleep for quarter of an hour,
he stayed back in the room for a bit longer, just to check that they were definitely
asleep before, before he came, came to join, you know, everybody else��?

j Kate and Gerry were there already and they were talking to, I don’t know their
names, but they were talking to the two people that Gerry played tennis with in, erm,
in his group,...Erm, Kate and Gerry were standing up, so they hadn’t sat down at this point

jMatt and Rachael came down next together, the two of them, probably a few minutes
after, after me, I don’t think it was that long, that long after me. And then Russell probably about quarter to’ish, I think it was, probably sort of five or ten
minutes after, after me. And then it was getting quite late again and Dave, Fi and
Dianne were nowhere to be seen

j Matt went back, erm, but he actually met them
coming down. But I think because he was up he thought while he was up he’d go
and have a listen just to check, you know, there was no noise from Grace. I think he must have actually been a bit longer, I think we’d actually been there for about quarter of an hour before Dave and Fi, you know, all of us had been there for about ten or fifteen minutes before they actually appeared, so��?


ROB -we had to take all of the rackets and b*lls back with us, so, you know, it was relatively late. And I’m not entirely sure what time I got back to, to the room, but, you know, well eventually, me, Matt and Dave all came back. And it was probably the latest that we’d got back and Jane and the kids had been in there for some time. Erm, I’d say it was probably coming up to, you know, not, not far shy of eight o’clock itself




I would have probably had a quick shower, helped with the, erm, you know, with the stories and getting ready for bedtime. I know, I know our kids were pretty tired that, that evening, they’d been playing on the beach and had a really, a really busy. But we were running a bit close to our half eight, erm, booking, so the kids were in bed, but they hadn’t been in for long. So I think shortly after half eight, erm, maybe sort of twenty-five to or twenty to, Jane went down and I certainly can recall saying ‘Well you know what I like��? you know, we’d ordered, it was a very limited menu, we’d discussed what we liked each night, and I said, you know, ‘Just order the me the��? ‘Order the X, Y and Z and I’ll be down when I’m happy that the kids are definitely asleep��? And I didn’t stay much longer, to be honest, they were, they were all fast asleep and there wasn’t a noise out of them at all. So I headed down, you know, about quarter to or so, erm, to the Tapas, exiting through the main door on the car park, erm, and double locking it there, the patio was shut and everything down and didn’t see anything particularly remote on the way down, erm, and just arrived as normal.


the only people who weren’t there, erm, as we discussed, would have been the adults in five ‘H��? so Dave, Fi and Dianne, who were pretty routinely the last ones there, as, erm, you know, all week. Erm, we kind of sat and, and, and talked, waiting for them. And I can distinctly remember, from the position I was sitting, I was looking towards the apartment block and, erm, you, you could see the lights on in their, in their rooms, inside, and occasionally see people walking about. So there were lots of jokes about the fact that they were still, still not there and probably if we didn’t get a move on they weren’t going to serve us.

I arrived about quarter to nine


DP - And then we just got ready to go and by the time Fi had got back from the run we’d all had showers, we were all ready to go and the girls were asleep and we were happy to leave the apartment, it was you know it was sort of gone quarter to nine. Err we walked down, the three of us, err you know to the Tapas area err we bumped into Matt, he was walking err back to the apartment and err you know he was, he was, you know semi-jokingly said oh I’ve come to check because you’ve taken so long and you know which actually transpired that they were quite err getting agitated because you know the time the table was booked at half past eight and you know it was approaching nine o��?clock and you know they thought it was, it wasn’t appropriate that we weren’t there you know as early as we should have been. So then Matt carried err back, you know, to the apartment and we went to the table.

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