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TinLizzy
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  • From:Canada
  • Register:11/07/2008 1:17 AM

Date Posted:03/18/2012 1:42 AMCopy HTML

it says ‘Sunday the twenty-ninth of April’, I think it’s worth just saying, on that it currently runs, I think it’s actually running straight into the Monday thereafter, erm, we, I think I booked into Water Sports on the Saturday at this meeting at the Tapas, I think that’s where you made your bookings, it possibly may have been on the Sunday, I’m not entirely sure there, but, erm”.
1578 “So the booking for Water Sports?”
Reply “May have been on the Saturday at the Tapas, it could have possibly been on, at a separate meeting on the Sunday, I’m not entirely sure whether there was one, one introductory meeting where everything happened including some of your bookings for what you wanted to do or whether there was a separate one on the Sunday. But, erm, but just the way, the way this reads it implies that I had wind surfing lessons that day, but actually, erm, there was no water, I don’t think there was anything in terms, in terms of lessons down at the waterfront until the Monday”.
1578 “’I can’t recall exactly what I did on that day’ it should read, shouldn’t it?”
Reply “On that day, yeah. Erm, but ‘I’d agreed to have wind surfing lessons and do a bit of sailing’ shall we say ‘Monday through Thursday’, we add ‘Monday through Thursday’, because we certainly didn’t do that, I think the Sunday was sort of a, a relative day off for, erm, for the staff, well certainly with the, you know, for the staff at the beach I think. I think the rest of it’s fine. I don’t, I really can’t recall an awful lot about the Sunday, I think we probably just had a bit of a look round, a trip to the beach. I’ve got a vague idea I, that you may have been able to still hire the kayaks, so I think I might have had a go on one of them, but I suppose that’s not terribly, terribly relevant. Erm, it says on the next paragraph ‘I’m aware that Rachael asked to eat there each night for the remainder of our stay’, erm, that’s correct, but I think it’s worth pointing out that that booking was probably made on the Monday. So we made one-off booking to eat at the Tapas on the Sunday, as I say, I think that was Rachael. Erm, but I might be confusing it with the, the next day, where there were only a certain number of us around and I think Rachael made, asked, was asking if there was a block booking and I can certainly remember being stood, erm, around, there was a number of the group, erm, with her at the time, but I think it was Rachael that asked”.
00.22.48 1578 “So Rachael asked for the block booking on the Monday?”
Reply “After we’d eaten there once. We must, we, you know, we didn’t know what it was like and I think we ate there and, erm, enjoyed it and thought it was, it was going to be convenient, erm, for, for, for us and for the children and so the block booking would have been the next morning. So, yeah, Matt was unwell on the Sunday. Yeah, there was only eight of us there. Erm, it doesn’t quite make sense here. It says ‘In relation to the child care issues it was a collective decision made as a group’, fine. ‘Dave and Fiona used their two-way child monitor’, erm, ‘alone to monitor their children’ because they”.
1578 “’Dave and Fiona used their two-way child monitor to monitor their children’?”
Reply “Yeah, and that, that’s what they used because they had this, they could, they could listen in and talk to, in their room as well, so they didn’t, erm. And then it says, and it doesn’t make sense, it just says ‘Kate and Gerry to check their children’, there’s a verb missing there”.
1578 “Really it should be a full-stop after ‘their children’, shouldn’t it?”
Reply “A full-stop, yeah. Yeah, full-stop, yeah. And then ‘Kate and Gerry’, erm, I’d say, ‘physically’, ‘physically went’, yeah, ‘physically checked’”.
1578 “’Kate and Gerry had to physically check their children’?”
Reply “A physically check, ‘physically check their children’, erm, ‘as did Matt and Rachael to check G***e and Jane and myself to check E*** and E***’. Erm, I’m not sure that we were ever, I don’t think we were led to believe that there was a Baby Listening Service, I think, erm”.
00.25.06 1578 “Right, just bear with me a minute”.
Reply “Sorry”.
1578 “’We were led to believe that there was a Baby Listening Service but this wasn’t the case’?”
Reply “I don’t think we were led to believe, I think we, we, erm, we knew that there wasn’t a Baby Listening Service, erm, I don’t think we were led to believe that there was. Erm, there were certain things in the brochure about the resort that were incorrect and that formed part of Dave’s emails, erm, but they were largely about other things, like hire and, erm”.
1578 “’The brochure was incorrect’?”
Reply “In, in, in other ways, but I don’t think it was about, it wasn’t about”.
1578 “Was incorrect in relation to the Baby Listening Service?”
Reply “No, I don’t think, I don’t, I don’t remember it was, I think, erm”.
1578 “’The brochure was incorrect in other aspects’?”
Reply “Yeah, fairly trivial, just about, erm, I think”.
1578 “’And these formed part of’?”
Reply “Of Dave’s correspondence with MARK WARNER. I think it was, erm, there was, erm, there were a few things that I, because it was a new resort I think things had, were, were in a state of flux for MARK WARNER on what, on what was said in the brochure and what was actually there and things were changing and some things that we were promised didn’t happen, some things that, that were. A lot in the brochure were actually there and, erm, I don’t, it wasn’t that there wasn’t a Baby Listening Service, I don’t think, but, erm, you know, I think, erm. I think for the next paragraph, erm, ‘Kate and Gerry would check’, it says ‘Initially we would only check our own room’, I think actually it was, it was more, it was more fluid than that, I think early on, for instance”.
00.27.20 1578 “Sorry, whereabouts are we?”
Reply “’I’m aware that initially we would only check on our own rooms, on occasions we may have listened at other apartments and doors and windows’, I think actually, generally speaking, what we would do is, we would often listen at other, often listened at the windows of the other apartments and routinely go into our own, erm. But it wasn’t a question of initially we’d only check our own rooms, I think actually earlier on, and certainly from my point of view, I actually went into Kate and Gerry’s room, erm, on the Sunday and Matt’s room on the Sunday, we, at the start we were going to each and every room, but I think then, because there was a bit of, it was actually more that we would listen at the windows and go into our own room, because there was, you know, everyone was going up and down in a cycle, in the circuit, so”.
1578 “So ‘We may have listened at other’?”
Reply “Listened and, and early on actually checked, yeah, early on we”.
1578 “’Listened at other apartment doors or windows’?”
Reply “I think that happened, that happened quite a lot, we would often do that”.
1578 “So you are happy with ‘the doors or the windows’?”
Reply “Yeah, ‘listened at the doors and windows’”.
1578 “’And also’?”
Reply “’And checked on our own rooms and’, you know, ‘on some visits other people’s apartments’. But I don’t think it was like, I don’t, it’s the word ‘initial’ ‘Initially we’d only check on our rooms’, I don’t think that was necessarily true, I think we would be listening at the window just to make sure no-one was awake”.
1578 “So we could take out that ‘initial’ then?”
Reply “You can just say, yeah”.
1578 “’I’m aware we’?”
00.28.50 Reply “Well, ‘I’m aware that we checked our own rooms and also listened at other apartment doors and windows’ and then ‘maybe on occasion, on some occasions we actually entered the other rooms as well’. Erm, the next paragraph, I don’t think I was quite so specific about, erm, ‘Other people’s apartments were on deadlock’, but I think when I, well, so that’s wrong. ‘On Sunday I recall I checked Kate and Gerry’s apartment as well as Rachael and Matt’s’, that’s true. Erm, I’m not sure about taking their keys, I think I, I think I definitely took Matt and Rachael’s keys, but I entered Gerry’s flat through the patio door”.
1578 “Okay. So, ‘I had taken their keys and recall the door was deadlocked, I needed to turn the key two times, the shutters were down’?”
Reply “Yeah, yeah, I don’t think, erm, I don’t think, erm”.
1578 “’I recall that Gerry and Kate’s I had to get (inaudible)’”.
Reply “That, that, that is me talking about our arrangements in our flat, so it’s kind of all fused into one there. So maybe just to clarify that, it would be easier to say ‘In our flat we closed the patio door, shut and locked’, erm, ‘shut the blinds, the shutters down and locked the internal window, double locked the front door after we went out and the patio door was also locked, was closed and locked’. So that was, that was our arrangements inside our flat. And then on Sunday ‘I recall I checked Kate and Gerry’s apartment as well as Rachael and Matt’s and my recollection is that I needed Matt’s key to check on their room and I had it, but I didn’t need Kate and Gerry’s key because they went through the patio door’, erm, we went through the patio door to cross in and look into the children’s bedroom. So, at the time, I have to say, I didn’t really think that, you know, about the differences in how, in how we were, the security in the, in the rooms was, but, erm, I definitely did not go in through Gerry’s and Kate’s main, you know, double locked door or anything, I’m sure I went through the patio, so I think they were doing things differently from Matt and Rachael, at least from the ground floor perspective, right from the word go”.
1578 “Okay”.
00.31.51 Reply “Erm, but, yes, the business about ‘The door was deadlocked and I recall I needed to turn it two times’, actually that is not recalling anything, that’s just describing how, erm, how we, erm, left, left five ‘D’ when we went to, went to dinner, closed the patio door, deadlocked the main door, put the shutters down and”.
1578 “Sorry, whereabouts are you now?”
Reply “I’m just clarifying what I’ve already said there. As I say, that this is sort of two different, erm, threads of the same conversation here. One conversation is, what did, you know, what, what did we do in our flat, and that is the shutters were down on all the windows, the internal windows behind the shutters were shut and locked, erm, and the patio door was, was locked from the inside and, erm, and then we went out through the main door into the car park and double locked the door. We were conscious that, that, erm, if you, you only do one lock on the main door then it can be opened from the inside but if you double lock it then, then, then you need the key to get in or out”.
1578 “Yes”.
Reply “And then the second point is, what did I do on Sunday, and on Sunday, erm, on one of the visits at least, erm, I went back to five ‘D’ and checked on our children, but I also went to five, erm, ‘D’ on Matt’s and I, I’m pretty sure that I needed Matt’s key to do that, so I think they were doing the same as us. But when, for Kate and Gerry, I just went in through the patio steps and, and just across to the room. It says ‘I recall that their front door was accessed from the car park but immediate access to their apartment was gained from the pool side’, and I think that’s, I mean, that was correct on, on, on that particular night and that particular visit, it’s whether that was what they were doing every night, I’m not sure, but I think, erm, they generally were going in through, through the, erm, through the patio door”.
1578 “So if we put ‘generally’ in between ‘but’ and ‘immediate’, ‘But generally immediate access to the apartment w as gained from the pool side’?”
Reply “The pool side, yes, to their apartment, yeah. The rest of that page, erm, as far as, erm, ‘Back to the apartment but I can’t be sure’, is fine. So on Monday the thirtieth of April now, erm, I think that can, (inaudible) Jane’s, not very important, but
 
 
 
 
 
 
“Yeah. I think rather than, erm, at one point I know, erm, Madeleine and Sean and Amelie did eat lunch in, in Dave and Fi’s apartment, so rather than ‘each day’ it might be worth just saying ‘most days’. I think they, they generally, erm, had their lunch separate, I think. So it says ‘Kate and Gerry had lunch in their apartment as they did each day’, but there was certainly an occasion on one of them, sort of a Sunday, Monday, Tuesday, erm, that they, that they ate up in, you know, we were all, all the kids were together at one point, it was a bit of a squeeze with everyone in there”.
1578 “So do you want to?”
00.43.43 Reply “Just change it to ‘most days’ and then at least it, because it certainly wasn’t sort of every day. It says ‘I want out’, erm, erm, I think it should probably say ‘I went out’. I think the conversation we were having there is actually I think me and Matt
 
 
 
 “So if I say or if we say there ‘I checked the McCANN’s apartment by listening at the shutters’?”
Reply “Yeah, yeah, from outside, yeah. And that would have been true for Matt’s as well. Certainly I didn’t end up, you know, after that first Sunday night, I don’t really recall going into the other people’s apartments with any, at all really, I think it was largely a listen to make sure all was quiet and a check on your own. And everyone was doing this, with a listen outside. So there were fairly regular listens and then slightly less regular visits inside by people, you know, individual, erm, parents. It says ‘All appeared to be well’ rather than ‘too well’. ‘It all appeared too well’ sounds a bit ominous”.
1578 “Yes, possibly right”.
 
Do you remember when you did go into the apartment?”
Reply “Sunday night. Oh you mean on the night?”
1578 “On the Sunday night”.
Reply “Erm”.
1578 “I think here we’re referring to the”.
Reply “The night in questions. But then, then, then, this is actually my description of, you were saying what else was in the room, you had the plan out at some point, although it seems that this has, this has somehow kind of migrated to a different part of the, erm, the order, I think by the time we are here we didn’t double back and start talking about my visit in the room, but. This perhaps might be best”.
1578 “So this visit into the apartment, certainly this sentence ‘I didn’t go into the apartment from what I can recall (inaudible)’, oh sorry, no”.
Reply “Yeah, I went into the apartment on Sunday. This is almost like a fusion of, of the two things. I mean, I didn’t go into the apartment directly after the alarm had been raised, I don’t think, we just sort of got to the, the exit, some people had gone in and some of us kind of formulated ‘Right, where shall we’, ‘We’ll have a quick look around while they’re checking the apartment’. So this is, this is partly looking back at when you were, you had the plan out and said, you know, ‘Was there anywhere big like a wardrobe where you could hide’”.
01.40.51 1578 “Yes”.
Reply “And then I described, erm, what I’d done on my Sunday check on their kids, when I actually did go in through the patio door and from, I’d, I’d come in through the patio door here and gone across sort of diagonally to the, the room where the children were and then just sort of listened at the door without actually entering. And then you said ‘What else was in the room’ and then I described that there was a table, sort of, I think a wooden table, a kind of traditional sort of table, and some seated area nearer, nearer the door and that the overall layout of the flat was very similar to the one that me and Jane were staying in, in terms of symmetry, the size of the rooms, but the furniture and the fittings were, were very different, because they were all individual flats, I think leased by MARK WARNER. Erm, so I’m not quite sure where, where that lot could go. But that’s, you know, I suppose it’s on the video record anyway now. Erm, on the Sunday night I entered via the, via the patio, just went to the frame of the door and listened in the room, I didn’t actually go in. Erm, and what I said then really, that the flat was very similar to ours in, in its layout, symmetry and, erm, and size, but the fittings were entirely different”.
1578 “And, I suppose, chronologically, we can include that to your Sunday night”.
Reply “Yeah, chronologically, that could”.
1578 “We can move”.
Reply “The description of the flat and what I thought the furniture was, erm, and the fact that it resembled very, almost identically in fact, the, the layout of our flat”.
1578 “On the Sunday night”.
Reply “Umm”.
1578 “So that can be moved to earlier in the statement?”
01.43.05 Reply “Yes, the Sunday night, yeah”.
 
 
 
“During the week we, things sort of (inaudible) but in general terms, me and Jane were checking with err between courses, err I know some of the people were doing it more by the clock but we tend to go between courses, sometimes we were also off for you know, we’re listening at, at least the windows and doors of other, of other rooms and checking directly in our own child’s room, erm err as, as we discussed before on a, at least one occasion on the Sunday night I also went into both Matt and Rachael’s flat with a key through their deadlocked door, as with Kate and Gerry’s err patio door to just look in on their kids, erm but generally speaking at least for me, thereafter in the week, I would usually just check internally in ours and listen at the window at, at the other flats before returning, erm in terms of frequency as I say, although some people were doing it by the, by the clock and it was, was relatively ad hoc you know when, when the moment took, I think for me and Jane it was generally in between courses and we’d often alternate”.
 
 
 
 
 
"Did you get inside the holiday apartment?”
01:09:17 Reply "I’d been in, I’d been in their apartment twice, I think before, I don’t know on tape at least, but err I went, I did a visual check of the children on the Sunday night, entered through the patio door so I’d been in through that part of the door err that part of the building. Err I think until, actually until the night itself I don’t think I’d actually gone into their apartment again, err if there were lunches and things like that they were generally done in, in one of the other apartments, particularly Kate and, err Dave and Fi’s because it was so much bigger. The err, on the night I didn’t get into the apartment until quite late, I certainly went, when I saw Gerry on the patio as I described earlier on, I think at point I actually did, I actually did see Kate as well but at this point I think we both, you know we were both kind of just in a heap really. Err and then I entered the apartment later on when the P and J arrived, sat at the desk and just, just like inside from the kitchen, between the kitchen and the sitting area. Err in terms of entering the bedroom, I don’t, I don’t think I ever actually went into the bedroom on the Sunday night, I’d kind of gone into the door frame you know and just looked, looked in like that.
 
 
 
Sunday 29th April 2007 I had booked into water-sports on the Saturday but I don't think they operated on Sunday. I can't recall exactly what I did on what day but I had booked to have windsurfing lessons and to do a bit of sailing. My recollection now is a little poor due to the lapse in time I got up around 08:00-08:30am we had breakfast at the Millennium restaurant, we went down to the beach, played a bit of tennis- but as I'm not a brilliant player I wasn't all that bothered about playing tennis.

We were booked into the Tapas bar, we ate there that night initially it was booked as a one off I think by Rachael as far as I am aware the table was booked for 20:30hours. I am aware that Rachael asked to eat there each night for the remainder of our stay this I believe was booked on the Monday morning as a block booking- the time was agreed by the group. Matt was unwell and I recall I went to see him, he had been suffering from a stomach upset so I can say that there were only eight adults at the Tapas bar that night.
 
 
 
On Sunday I recall I checked Kate and Gerry's apartment as well as Rachael and Matt's. I had taken Matt's keys and I believe that their door was deadlocked the same as ours and that I would have needed to turn the key two times. We kept our shutters down, and the patio door was closed I am not sure whether theirs was the same. I recall that Kate and Gerry's apartment was accessed by the patios door which was left closed and unlocked. I recall that their front door was accessed from the car-park access was easily gained to the apartment from the poolside.

All the meals were included in the booking as was a limited choice in drinks, if anything else was ordered there may have been a need to have made an additional payment. I recall that orders may have been put onto a bar bill and paid at the end of the week.

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

Generally of an evening we would drink beer or have a few glasses of wine, generally three to four glasses, I can honestly say that no-one in our group was ever drunk. I'd say that generally we had five-six bottle of wine between the group of nine, it was a similar amount most nights.
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