Revised version

Processos Vol VI
Pages 1606 to 1610


Policia Judiciaria

Witness Statement


Date of Diligence: 2007.05.26
Time: 10.40
Location: DIC Portimão

Name: MARTIN SMITH

Nationality: Irish

Profession: Retired

The witness states:
That he comes to the process as a witness.
Being of Irish nationality, he does not understand Portuguese in its written or oral form and is accompanied by an interpreter, Lidia Nascimento.

He has an apartment in Luz, Lagos, located in the Estela da Luz Urbanizaco, A1C. This apartment is co-owned by a friend whose name is Li** ON****. He normally goes on holiday in Portugal, always stays in this apartment, three times a year.

As regards this period, he states that he arrived in Portugal on the 30th of April 2007, with a booked return date, which he complied with, on May 9, 2007. He arrived at Faro airport and flew out from Dublin.

Concerning the facts under investigation, on the day of 3rd of May, he went with his family to the Dolphin restaurant in Praia da Luz where they dined. At around 21H00 they left the restaurant and headed toward 'Kelly's Bar'; about a 50 metre distance from the restaurant, given that the journey is very short, it took a couple of minutes. In 'Kelly's Bar' they consumed some drinks, having left around 21H55 as his son was due to return to Ireland very early the next day. This bar is located on Rua da Calheta.

After leaving the bar, he travelled in the opposite direction and reached a set of stairs which gave access to Rua 25 de Abril . On this artery they followed a second street, parallel to Rua 1 de Maio, whose name he does not remember, heading towards the Estrela da Luz complex which is located a little above the street that crosses the primary school. At the beginning of this artery, he saw an individual carrying a child, who was walking normally and who did not seem out of place as it is normal to see people carrying children, especially during the holiday season. This individual was walking the downward path, in the opposite direction to the witness and his companions. He does not know where this person was headed as he only saw him as they passed each other. As he assumed they were a father and daughter, no suspicion was raised in him.

When asked, he states that when he passed this individual, it must have been around 22H00 and that he was totally unaware that a girl had disappeared. He only became aware of the disappearance of the child on the morning of the following day, from his daughter L***** who was in Ireland and who sent him a message or called the witness telling him what had happened.
Now having knowledge of this situation he inferred that Madeleine could have been the girl who was being carried by the individual he saw.

As regards the description of the individual who was carrying the girl he said: Caucasian, around 175 to 180cm in height. He appeared to be about 34/35 years old. He had a normal complexion, rather slim. His hair was short, in a normal male cut, brown in colour. He cannot state if it was dark brown or lighter in tone. He did not use glasses nor did he have a beard or moustache. He did not notice any other relevant details partly due to the fact that the lighting was not very good.

He was wearing cream or beige-coloured cloth trousers in a classic cut in a cotton type of cloth. He did not see his shoes. As regards the clothing he was wearing on his chest, he says that he cannot remember nor describe its colour nor form.

As regards the child, he says that the child was female, about four years of age as she was similar to his granddaughter of the same age. It was a child of normal complexion, about a metre in height although he cannot say this categorically as she was being carried. She had blond medium-hued hair, without being very shiny. Her skin was light white, typical of the British. He did not see her eyes as she was asleep and her eyelids were closed.

She was wearing light-coloured pyjamas, he cannot define the exact colour. She was not covered by any other blanket or cover. He cannot confirm whether she was barefoot however, within his group, they spoke about the child having no covering on her feet.

When asked, he states that the individual did not appear to be a tourist, not being able to explain why he had this perception, however he presumes it because of the individual's clothing. He states that the individual carried the child in his arms, with her head laying on the individual's left shoulder which was to the right of the witness. He adds that the individual was not holding the child in a comfortable position, showing that this was not habitual.

Having now seen various photographs of MADELEINE and television images, the witness says that the girl he saw being carried could be her. He cannot state this as fact but is convinced that it could have been MADELEINE, and this is the opinion shared by his family.

When asked, he says that the individual did not say a word nor did the child as she was in a deep sleep.

He says that it would not possible to recognise the individual in person or from a photograph.

He adds that in May and August of 2006, he saw ROBERT MURAT in Praia da Luz bars. On one of these occasions, the first, he was inebriated and spoke to everyone. He did not wear glasses at this time. He also states that the individual who carried the child was not ROBERT, as he would have recognised him immediately.

Upon being asked, he states that he was accompanied by his wife, MARY SMITH and his son, PETER SMITH, his daughter-in-law, SILE, and his grandchildren of 13 and 6 years of age respectively (children of PE***) TA*** and CO**, his daughter AOIFE (12 years of age) and his other two grandchildren (AI****** (10 years old) and EI**** (four years old) who are children of his daughter B***** who was in Ireland.

He also says that when he passed this individual he was walking in the middle of the street, given at that time traffic is minimal or non-existent. The witness was also walking in the same place.
.
He adds that the group was walking several metres away but that they could have seen the individual from various different positions.
A sketch is attached indicating the route and place of the sighting.
He has no other elements to offer the investigation.

And nothing more was said. He reads the statement and finds it in conformity, ratifies and signs together with the interpreter.

Revised Translation

Processos Volume VI
Pages 1611 - 1614


Policia Judiciaria

Witness Statement

Date of Diligence: 2007.05.26
Location: This Department

Responsible Officer: Inspector Carvalho

Name: Aoife Smith

Nationality: Irish

Profession: Student

The witness states:

She comes to the process as a witness.
Being of Irish nationality, she does not understand Portuguese in its written or oral form and is accompanied by an interpreter, Filipa Maria da Conçeição Silva.

On 30th April 2007 she travelled to Portugal on holiday, specifically to the Algarve. She came with her parents Martin and Mary Smith and her two nieces.

They stayed in the Estrela Da Luz complex in Praia da Luz where her parents have an apartment.

Her brother Peter was already in the apartment when they arrived as was her sister-in-law, her nephew (six years old), CO** and the son of her sister-in-law, TA*** (13 years old).

They came with the intention of holidaying for about 10 days, having returned to Ireland on May 9, 2007 (she is not absolutely certain of the date).

She spent the holiday in the complex pool, in Praia da Luz and in the shopping centre. Normally, they spent Praia da Luz.

They would dine between 19.00 and 20.00, in the apartment or in the Dolphin, Cavaleiro da Luz, Chaplin or Marujo restaurants - all situated in the Praia da Luz area.

When dining in the apartment, it was normal for them not to go out. When they did go to restaurants, they would pass by Kelly's Bar, situated – she thinks - on Calheta Street in Praia da Luz.

Regarding the 3rd of May, 2007, she went, together with the whole family, to dine at the Dolphin restaurant, which is close to Kelly's Bar. When they left the restaurant around 21H30, they headed toward Kelly's Bar. They stayed there for about 30 minutes.

At around 22H00, they left Kelly's Bar. The group headed, on foot, for their apartment.

When asked, she responds that she knows the time they left because her brother and father decided to go home earlier that night. There were two reasons for this: her sister-in-law was not feeling very well and because her brother, sister-in-law, nephew and son of her sister-in-law, were catching a flight to Ireland the following morning.

Upon leaving the bar, they turned right and headed along the road for 40/50 metres. At this point, they again turned to the right and ascended a small street with steps which lead to Rua 25 de Abril. As it was a large group (four adults and five children) they walked in a spaced out manner along the street some walking ahead, some further behind. She does not remember how they were divided.

The witness remembers that upon reaching the top of the steps, she looked to her left and saw a man (1) with a girl (2) in his arms, walking along the path Rua 25 de Abril. He was walking in their direction at a distance of, more or less, two metres.

The witness crossed to the other side of Rua 25 de Abril and began walking up Rua da Escola Primária, in the direction of the Estrela da Luz complex.

She did not see if the individual in question carrying the child descended the Rua das Escadinhas or if he continued along Rua 25 de Abril.

It was the first time she saw that man. She does not remember seeing him before at any time anywhere.

She has now seen photographs of Madeleine McCann and thinks that it could have been the missing girl. When asked she says that she is about 60% certain.

The description made below of the individual that the witness saw was at around 22H00, when the lighting was tenuous.

When asked, she says that she would probably not be able to recognise the individual or the child.


Personal Description:
(1) the individual was male, Caucasian, light-skinned, between 20/30 years of age, of normal complexion, normal physique, around 1.70/1.75 metres in height. At the time she saw him, she did see his face but now cannot remember. She believes that he had a clean-shaven face. She does not remember any tattoos, scars or earrings. She did not look at his ears. His hair was thick, light brown in colour, short at the back (normal) and a bit longer on the top.

The trousers he was wearing were smooth straight-legged trousers, light beige in colour, of a cotton type material, thicker than linen, possibly with buttons and without any patterns.

She did not see what he was wearing on his top half as the child covered almost completely what he was wearing and she had no idea of what it could have been.

As regards his shoes she cannot say anything because she did not see them.

The individual's gait was normal, being able to distinguish it between walking quickly and running. He did not appear tired and walked normally while carrying the child.


(2) As regards the child the witness says she was female because she had long smooth hair, neck length, fair/brown in colour.

She is certain that the child was about four years old because her niece (who was in the group) is of the same age and same height.

She did not see the child's face because she was lying against the individual's left shoulder in a vertical position on the front of the individual’s body. She appeared to be sleeping. Her arms were suspended along her own body and were not wrapped around the individual who was carrying her. She did not look at the child's hands and cannot state the colour of her skin, having the feeling that it was white.

There was nothing covering the child, a comforter/blanket or any other piece of clothing but because of the girl’s position, she only saw her from the back.

She was wearing light coloured trousers, white or light pink-coloured that may have been pyjamas. She does not remember if they were patterned as it was dark. The material was fine and could have been cotton.

She also had a light coloured top, with long sleeves. She did not see well because the individual had his arms around the child. She is not sure if the child's top was the same colour as her trousers, saying only that it was light in colour.

When questioned regarding her shoes, she responds that she did not remember seeing any, not knowing if she was wearing shoes or not.

When asked to tell the truth, she states that what she has just stated is the truth of the facts, according to her knowledge.

And nothing more was said. Having read the statement and finding it in conformity, she ratifies and signs together with her interpreter.

Processos, Volume XVI, pgs. 4129 to 4414
4135 to 4139—Additional statement from Martin Smith 2008.01.30 (English)


Detective Branch
Drogheda
County Lough


Re – Investigation into the disappearance of Madeleine McCann

I took an additional statement from Mr Smith as requested. His wife does not want to make another statement. I showed him the video clip and he stated that it was not the clip that alerted him but the BBC news at 10 PM on 9th September 2007.

He has been contacted by numerous tabloid press looking for stories. He has been contacted by Mr Brian Kennedy who is supporting the McCann family to take part in a photo fit exercise. He has given no stories or helped in any photo fits. He sent a solicitor’s letter to six papers in relation material that was printed that was misquoted. The Evening Herald paid his solicitor’s fees and all papers printed an apology. His photograph appeared in another tabloid paper and this matter is being pursued at the moment.

I do not believe that Martin Smith is courting the press and my view his is a genuine person. He is known locally and is a very decent person.

Forwarded please

Sergeant

Liam Hogan

I hereby declare that this statement is true to the best of my knowledge and belief and that I make it knowing that if it is tendered in evidence I will be liable to prosecution if i state in it anything which I know to be false or do not believe to be true.


I would like to state that the statement I made on 26th May 2007 in Portugal is correct. The description of the individual that I saw on 3rd May 2007 carrying a child is as follows. He was average build, 5 foot 10” in height, brown hair cut short, aged 40 years approximately. Wearing beige trousers and darkish top maybe a jacket or blazer. He had a full head of hair with a tight cut. This individual was alone. I saw Gerard McCann (sic) going down the plane stairs carrying one of his children on 9th September 2007 BBC news at 10 PM, I have been shown the video clip by Sergeant Hogan which I recognise. A clip I have seen before on the Internet. In relation to the video clips of Gerard McCann and the person I saw on 3rd May 2007 when I saw the BBC news at 10 PM on 9th September 2007 something struck me that it could have been the same person. It was the way Gerard McCann turned his head down which was similar to what the individual did on 3rd May 2007 when we met him. It may have been the way he was carrying the child either. I would be 60-80% sure that it was Gerard McCann that I met that night carrying a child. I am basing that on his mannerism in the way he carried the child off the plane. After seeing the BBC news at 10 PM, footage on the 9th September 2007 I contacted Leicestershire police with this information. During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. She had seen the video clip of Gerard McCann walking down the stairs of the plane earlier that day. We did not discuss this until some days later. This statement has been read over to me and is correct.

Processos Vol XIII
Pages 3996 – 3997 (in English)


Email from John Hughes to DIC Portimao, C.C. to Stuart Prior


20th September 2007

Subject: Fwd Smith family

From Lindsay Long to John Hughes

20th September 2007

Re – Smith family

Location : Portugal Out of Force Area

Origin: Mr Martin Smith Ireland.

Text: Reported that he had passed a male carrying a child in Praia da Luz the night Maddie went missing. Went and made a statement to Portugal police in Portimao on 26th May and returned to UK. Is saying that after seeing the McCanns on the news on 9th Sept when they returned to UK he has not slept and is worried sick. He states he was watching the 10 PM on BBC and saw the McCanns getting off the plane and coming down the steps. He states it was like watching an action replay of the night he saw the male carrying the child back in Portugal. He states the way Gerry was carrying his twin triggered something in his head. It was exactly the same way and look of the male seen the night Maddie went missing . He also watched ITV news and Sky news and inferred it looked like the same person both times carrying the children.

Is asking a member of OP task ring him back. He was with group of 9 family and friends the night he saw the male in Portugal. He sounded quite worried and shaken whilst speaking to me

Title: Info on Maddie

Processos, Volume XI
2871 to 2875—Smith Family Memorandum regarding contact with PJ after McCanns return home

From: DC Hughes
Sent: Thursday, 20th September, 2007 15:42
CC: Prior Stuart
Re: FW: Smith Family

This is the Irish family that saw a man transporting a child on the night in question and returned to Portugal to collaborate with the investigation. Martin Smith contacted our department stating that after having observed the McCann family on TV alighting from the plane, he believes that the person he saw carrying the child that night was Gerry McCann. For your information.

DC John Hughes

__________________


From: Long Lindsay
Sent: 20th September, 2007 11:37
CC: Hughes John (DC)
Re: Smith Family

Rec via: TELEPHONE Series: 241 Ident: BC19-8286-1055 20/09/07
Telephone: *********
Locale: Portugal/Out of country
Origin: Mr. Martin Smith –Ireland

Text: Reported that he passed a male carrying a child in Praia da Luz the night Maddie went missing. Went and made a statement to Portugal police in Portimao on 26th of May and returned to the U.K. Is saying that after seeing McCANNS on the news on 9th of September when they returned to the U.K. He has not slept and is worried sick. He states he was watching the 10 pm news on BBC and saw the McCANNS getting off the plane and coming down the steps. He states it was like watching an action replay of the night he saw the male carrying the child back in Portugal. He states the way Gerry was carrying his twin triggered something in his head. It was exactly the same way and look of the other male seen the night Maddy went missing. He also watched ITV news and SKY news and inferred it looked like the same person both times carrying the children. Is asking a member of the OP Task Force to ring him back. He was with a group of 9 family and friends the night he saw the male in Portugal. He sounded quite shaken and worried whilst speaking to me.

Rec by: TPHONE Serial: 241 Ident:BC19-8286 1055 20/09/07
1101 8286-BC19 Incident linked to 209 26/06/07
1101 8286-BC19 Incident Result ODI: ADMIN DUPLICATE INCIDENT
QNG: QUALIFIER NOT REQUIRED
1101 8286-BC19 Incident Closed

Lindsay Long
Holmes Indexer
Major Crime
Braunstone Police Station
Ext.

Processo Vol XIII
Page 3991

NUIP 201/07 o GALGS
4ª Brigada



Information


We can infer, from the analysis of the information contained in folios 2871 and 2872, that the statement of Martin Smith, duly identified and filed as folio 1606, reports new elements.

This information alleges that upon catching sight of Gerald McCann on the television news, when he (GM) arrived at the UK and still at the airport, he (GM) appeared to him to be the individual whom he saw on 3rd May in Praia da Luz, carrying a child.

As a result of this and because of the fact of the witness being resident in Ireland, we contacted an officer from the Irish force for the Iberian Peninsula, in Madrid, Bernard Gattney, who took on the task of carrying out the necessary arrangements in order to proceed to a new questioning of Martin Smith.

He was sent by email a copy of the information including the witness statement, and a list of questions to ask him, duly translated into English.

Portimao, 8th November 2007

Inspector

Joao Carlos

Processos Vol XIII
Page 3995 (in English)

Email sent from Joao Carlos Silva Pereira to Bernard Gattney

8th November 2007
Subject: Martin Smith

Bernard ,

According to our phone contact, I hereby enclose the report on Martin Smith, son of P S and C S, born in Ireland on *****, and an Irish citizen, passport nº *****, home address*****.

Following the enclosed report you are now kindly requested to ask him the following questions:

- Does he confirm the statement he made in Portugal on May 26th 2007?

- Can he describe in detail the individual he saw carrying a child on May 3rd 2007, notwithstanding the fact that he has already made this description in his previous statements? Was this individual alone?

- When and in what mass medium has he seen the news of Gerald McCann going down the plane stairs, and carrying one of his children? (If possible he should be shown the above-mentioned pictures, as well as asked whether he confirms or disconfirms this man was the same individual he saw on May 3rd 2007).

- Was it really Gerry McCann? Is he sure of this fact?

- Does he recognise Gerald McCann from the facial features or from the way he was carrying the child?

- Are his family members, namely the ones who were with him on May 3rd 2007, able to recognise the individual? If yes, do they also identify the individual as being Gerald McCann? (If yes, such family members should also be interviewed with a view to equally answering the above questions).

- Any other possible significant question, whether arising from the answers of Martin Smith to the above questions or that is deemed as relevant, should be equally asked.

The following statements can be found on the DVD:


Processos, Volume VI, pgs. 1385 to 1709
1606 to 1610—Witness testimony of Martin Smith taken 2007/05/26 with map of sighting
1611 to 1614—Witness testimony of Aoife Smith taken 2007/05/26
1615 to 1624—Witness testimony of Peter Daniel Smith taken 2007/05/26 with map of sighting

Processos, Volume XI TOC, pgs. 2725 to 3003
2871 to 2875—Smith Family Memorandum regarding contact with PJ after McCanns return home

Processos, Volume XIII TOC, pgs. 3892 to 3601
3991—Martin Smith information regarding Gerry McCann on television 2007.11.08
3992—Email regarding Smith statement 2007.11.07
3995 to 3997—English email re: Smith sighting sent from Stuart Prior


Processos, Volume XVI, pgs. 4129 to 4414
4135 to 4139—Additional statement from Martin Smith 2008.01.30 (English)

Processos Vol XIII
Page 3995 (in English)

Email sent from Joao Carlos Silva Pereira to Bernard Gattney

8th November 2007
Subject: Martin Smith

Bernard ,

According to our phone contact, I hereby enclose the report on Martin Smith, son of P S and C S, born in Ireland on *****, and an Irish citizen, passport nº *****, home address*****.

Following the enclosed report you are now kindly requested to ask him the following questions:

- Does he confirm the statement he made in Portugal on May 26th 2007?

- Can he describe in detail the individual he saw carrying a child on May 3rd 2007, notwithstanding the fact that he has already made this description in his previous statements? Was this individual alone?

- When and in what mass medium has he seen the news of Gerald McCann going down the plane stairs, and carrying one of his children? (If possible he should be shown the above-mentioned pictures, as well as asked whether he confirms or disconfirms this man was the same individual he saw on May 3rd 2007).

- Was it really Gerry McCann? Is he sure of this fact?

- Does he recognise Gerald McCann from the facial features or from the way he was carrying the child?

- Are his family members, namely the ones who were with him on May 3rd 2007, able to recognise the individual? If yes, do they also identify the individual as being Gerald McCann? (If yes, such family members should also be interviewed with a view to equally answering the above questions).

- Any other possible significant question, whether arising from the answers of Martin Smith to the above questions or that is deemed as relevant, should be equally asked.

Smith sighting, pictures from the files, vol. VI pages 1619 - 1624

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1619.jpg<!-- m -->

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1620.jpg<!-- m -->

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1621.jpg<!-- m -->

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1622.jpg<!-- m -->

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1623.jpg<!-- m -->

<!-- m -->http://i191.photobucket.com/albums/z10/ ... VI1624.jpg<!-- m -->