Correspondence Frances Kennah. Home Office

Processos, volume XVII,

Pages 4485 to 4486

Ms Joana Gomes Ferreira
Procuradorla-Geral Da Republica
Rue da Escola
No 140 1269-269
LISBOA
PORTUGAL

OurRef MLI08/210/2104
Your Ref No 2640/2008
Date 16 June 2008

Dear Ms Ferreira

Request for mutual legal assistance relating to the disappearance of Madeleine McCann

I am writing further to my letter dated 5 March 2008 and your letters dated 14 and 27 March 2008 concerning your request for banking evidence relating to Gerald McCann.

ln my letter dated 5 March 2008, I asked for clarification of the basis upon which you made the request for access to transaction Mr McCann's Mastercard credlt card accounts for a 6 month period. ln your letter dated 14 March 2008 you explained that the reason for therequest was to enable the Investigation tearn to identify if there were any unknown motives behind the disappearance of Madeleine or identify any individual or individuals responsible for her disappearance. I remain concemed about the basis upon whlch you seekevidence relating to 6 months transactions, beginning 1 April 2007 (6 weeks prior to Madeleine's disappearance).

When officers from Leicestershire Constabulary met with the Portugese case team they were informed that the request for banking evidence arose as a result of a reported sighting of Mr McCann at a cash machine whilst talking on a mobile telephone, following Madeleine's disappearance. The Portugese case team were therefore concerned to ascertain whether the cash machine transaction and the call were related and whether they linked to Madeleine's disappearance.

As you know, in considering requests for coercive measures the Secretary of State must consider necessity and proportionality. On the basis of the information before me, the request for evidence relating to Mr McCann's Mastercard accounts for a 6 month period has not been fully justifled and appears disproportionate. Were you to provide further information justifying ths 6 month period or, at least in the first instance, refine yourrequest to a period immediately prior to and following the day of the alleged sighting, I would be more than happy to look at this part of therequest again.

ln the meantime, 4 tranches of evidence were sent to you via DHL on 9, 16, 23 and 28 May 2008 and I would be grateful if you could confirm receipt.

I look forward to hearing from you

Yours sincerely

FR Kennah
Frances Kennah
Head, UK Central Authority

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