Kate McCann Statement - 6th September 2007

Courtesy of Maddie Case Files Team

Volume X, pages 2539-2548

Witness statement of Kate Marie Healy, on the 6th of September 2007, at 3 p.m.
Location: CID Portimão

Comes to the process as an assistant.

Of British nationality, the assistant cannot speak or write Portuguese, therefore an interpreter is present, Armanda Duarte Salbany Russell, chosen by the assistant from a list provided by the Consulate.

Also present is Dr. Carlos Pinto de Abreu, attorney.

The assistant confirms the full contents of her statement given to this police force on the 4th of May 2007, the day following the events under investigation.

When asked about the 1st of May 2007, a holiday, she says that on that day they left the apartment around 8:30PM, the same time that was repeated every night. That time was scheduled at the restaurant as the start of dinner, except on Saturday, the day of arrival, when they had dinner at the Milénio restaurant. On that day, May 1, the children were asleep, as she put them to bed at around 7:15/7:30 and was sure they were sleeping.

They arrived at the Tapas at around 8:31, taking the direct route, i.e. left by the balcony door, went down to the road and entered the resort’s secondary reception. As they left by the balcony door, this door remained closed but not locked, as this is only possible from the inside. The curtains were closed.

When they arrived at the Tapas, she thinks that nobody from the group was there, but is not sure.

During dinner, every half hour they went to the apartment to check on the children. This was done by the deponent and by Gerry. She does not remember if on this night any of their friends went to the apartment. She states that Russell was not present during dinner, so his wife Jane, or somebody else took his dinner to the apartment. The reason for his absence was that their youngest daughter was sick.

When asked, the assistant said that dinner ended at around 11 p.m., and together with Gerry, she left for the apartment.

She thinks they went to the flat four times, one every half hour: Gerry twice and herself twice, at around 9, 9:30, 10, and 10:30 p.m.

When asked about the fact her daughter had been crying on Tuesday night for one hour and 15 minutes, between 10:30 and 11:45 p.m., she says that is not true. She says that on that night, after midnight, Madeleine went to their room and said that her sister Amelie was crying, so she stayed to sleep with her and Gerry in their bedroom. She says that before Madeleine appeared in her bedroom, she had already heard Amelie crying, however she did not go to the room, as Madeleine came into the room almost at the same time she heard the crying. She does not remember if afterwards she, or Gerry, went to the children’s room, however she asserts that Amelie cried for a short time.

When asked, she says that on that night the twins slept in the bedroom where Madeleine slept, each in their own cot.

When questioned about the apartment’s layout, she said that on the first day the moved the furniture: they moved the two cots out of their bedroom and put them in the other one, where the children were to sleep, after they pushed the two single beds in that bedroom apart. They also pushed the two single beds in their bedroom together. She presumes that the cots, when in their bedroom, were at the beds’ bottom.

She mentions that when she arrived there not two, but three cots, in the same spot, and she believes that one was lent to the Payne family.

When shown a diagram of the room (attached), she said the cots were located at point A, chair B at point C, and the cots in Madeleine’s bedroom were placed horizontally, not vertically.

When asked, she said that the cleaning, which was provided by the resort, took place on Monday and Wednesday. Thus she mentions once more that she never altered the above described disposition, which means it is not true that at any one moment in time a cot was in the deponent’s bedroom and the other one in MADELEINE’S bedroom.

She asserts that after the day they arrived, April 28, this was the layout of the furniture and this was not altered during the following days.

When asked if she ever slept in Madeleine’s bedroom, she says that such happened on the Wednesday, because she was annoyed with Gerry. He ignored her after dinner when they went to the Tapas bar, which only happened that day. She decided to retaliate by sleeping in the other bedroom, in the bed under the window. She doesn’t know if Gerry noticed this because he was sleeping when she left, and if in fact her husband was aware of this, he made no comment.

Regarding this night she said that none of the children cried, which she would have noticed as she was in the room. Regarding the fact that on the next morning, Thursday, during breakfast, Madeleine said to both of them that she had been crying and that nobody had come to her room, she presumes that this crying must have been before she and Gerry returned to the apartment. When she asked Madeleine about this however, the child gave no importance to the matter. On that night they also checked on the children every half hour; however she thinks that 45 minutes had gone by from the time of the last check to when they arrived, as exceptionally they went to the Tapas’ bar. On this day she thinks that Gerry arrived at the apartment around 23:50 and she arrived 5 minutes later. She went to sleep in Madeleine’s room 15/20 minutes later. Before this she spent a few minutes in her bed next to Gerry.

From reading her previous statement, mainly lines 34-40 it can be understood that on the Wednesday night she slept in the couple’s bedroom, but that did not happen since she slept in Madeleine’s room.

When asked if Madeleine slept in their room, she says yes, as mentioned, on the Tuesday night.

When asked about the sleeping schedule for her children, she says that in England Madeleine slept in a room by herself and the twins slept in another room. At home the twins go to bed between 7 and 7.30 p.m., Madeleine half an hour later. During the holidays, namely in Portugal, the three children went to bed at 7:30 p.m. When asked, she says that during the holidays it is relatively easy to put the three children to sleep because they had not slept during the day and were tired after the day’s activities. When on holiday the twins and Madeleine normally went to sleep at the same time. They never left the apartment for dinner unless the three were actually asleep. Normally when they left the apartment the three children had been asleep for around 1 hour. With the exception of what has been described above, during the holidays, she does not remember any of the children awakening during the night. However, in England, Madeleine sometimes woke up during the night, later, at around 2 – 2:30 a.m., and went to her parents. During the holidays it was normal for the children to awake at around 7:30/8:00 a.m., while in England, at home, they would normally wake up between 7 and 7:30 a.m.

When questioned about a British custom of having a behaviour chart for the children, she says that she has several notes about Madeleine because she would get up during the night with some regularity. This situation dates back to April 2006 up to Christmas time of that same year, when she stopped having this problem. These notes correspond to the stars given on the nights that Madeleine did not get up and go to her parents’ bedroom. When she had 20 stars she got a present and if she woke up at night and did not stay in her bed, she did not get a star.

When questioned, she said that during these holidays Madeleine usually slept clutching a soft toy, a pink cat, and sometimes also wrapped in a pink blanket. Sometimes she slept on top of the bedcover and at other times she was covered with it. When shown a photo of Madeleine’s bedroom and bed, she recognizes the soft toy and the blanket of the same colour.

The interview was interrupted at 5 p.m. for a rest period, and recommenced at 5:15 p.m.

On the 3rd of May they all woke up between 7.30 and 8.00 a.m.; she doesn’t know who woke up first. They washed the children and had breakfast at the apartment between 08:00 and 08:30 a.m. Food was bought by her and GERRY at the “Baptista” supermarket. She refers that the stay included breakfast at the Milénio restaurant, but as it was too far away they’d decided to have breakfast at the apartment. During breakfast the “crying episode”, already described, took place. She noticed a stain, supposedly of tea, on Madeleine’s pyjama top, which she washed a little later that same morning. She hung it out to dry on a small stand, and it was dry by the afternoon. Madeleine sometimes drank tea; nevertheless the stain did not appear during breakfast, maybe it happened another day, as Madeleine did not have tea the previous night and the stain was dry.

After breakfast they got dressed and left the apartment through the main door. All children went walking. The balcony door was closed and locked; she doesn’t know whether the main door was locked or unlocked.

After leaving the apartment they left the twins at the crèche next to the Tapas; at the same time she supposes that Gerry took Madeleine to the crèche next to the 24-hour reception area.

Once the children were delivered, they went to the tennis courts for a scheduled tennis lesson. Kate’s group lesson was at 9:15, Gerry’s an hour later. She doesn’t know what Gerry did during that free hour; she presumes he went to the apartment. When her lesson ended at 10:15, she went to the recreation area next to the swimming pool to talk to Russell until Gerry’s lesson was over. Afterwards, she is not sure, they went back together to the apartment until close to 12:15 when she went to Madeleine’s crèche to pick her up, together with Fiona Payne. She signed the crèche's register and went to the twins’ crèche with the intention of picking them up, she thinks that she met Gerry there, not knowing if he already had the twins with him. Together with the three children they went to the apartment for lunch, with food bought at the supermarket. This would be around 12:35/12:40. They ate sandwiches, mainly the deponent and Gerry, and the children maybe ate pasta. Lunch lasted around 20 minutes. After finishing lunch they stayed for a while at the apartment, then they went to the recreation area next to the pool, as the children were somewhat restless, maybe tired and bored. They remained at this area for about an hour, maybe more, then they left the twins at the crèche next to the Tapas and both of them took Madeleine to the other crèche. They went via a path in front of the small reception and then through a garden area and stairs, taking a short cut. This route was indicated to her by Gerry.

After leaving Madeleine at around 2:50 p.m., they both had, once more, a tennis lesson, this time an individual one just for the two of them, so they started playing a few balls at that time, given the fact that the court was empty.

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

The lesson ended an hour later, at around 4:30 p.m. Gerry continued playing tennis with a guest called JULIAN who belonged to his tennis group, while she went for a jog along the beach, for around half an hour. During that period she saw the rest of the group, children and grownups; she was disappointed as nobody had told her that they were going to the beach and Madeleine surely would have loved to have gone with them. She cannot confirm whether she went to the apartment between the tennis game and the jog.

When she finished jogging, at around 5:20/5:30 p.m., she went to the Tapas area. Gerry was there, as well as the twins and Madeleine who were having dinner at separate tables. Madeleine had been taken to the area by the nannies. Her parents were required to sign the register when the meal was over, at around 5.30 p.m.. During the meal Kate asked Madeleine if she was sad because the other children in the group had gone to the beach without her; she replied that she wasn’t, but was rather tired. She asked Kate to carry her back to the apartment. Kate agreed, and Gerry led the twins back to the apartment, as well. Tiredness was due to the intense daily activities, not to any sickness.

They arrived at the apartment at around 5:40 p.m., earlier than usual, because Madeleine was tired, their other friends were at the beach and Gerry had an all-male tennis game at 6:00 p.m. At the apartment they both bathed the children, and close to 6:00 p.m. Gerry went to the tennis courts, right after the children had finished their bath. They entered the apartment by the main door, with the key. She does not know if it was locked, and presumes it was Gerry who opened it. At lunch time they also entered through the same door.

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

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

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

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

She doesn’t remember having changed the layout of the furniture in the living room, the sofas, the table or others. She says that the sofa (letter E) supposedly was against the side window, because she doesn’t remember anyone having gone behind it. She does not know if this window was open or closed, she does not remember it ever being open, or looking through the window.

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

It was around 7:15 p.m. when they put the children to bed and checked they were sleeping, she is sure of this.

As the children were asleep, she dried her hair and put on make up. Gerry maybe had a shower and they sat on one of the sofas in the living room, she doesn’t know which one. She had a glass of wine, poured by Gerry, and he had wine or beer. The wine was from New Zealand, white.

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

They talked while they drank, until they left for the Tapas restaurant at around 8.30-8.35 p.m. Before leaving they checked on the children, she doesn’t know who; however Gerry says it was him. She only knows the children were quiet. She doesn’t know if they were in their same positions. She says she is sure that they were asleep, because Gerry told her so and all was quiet.

They left through the balcony door, which they left closed but not locked. Main door was closed but not locked. She thinks it could be opened from the inside but not from the outside. She thinks that before she left she put on a cream coloured polar fleece with a zipper, and on top a blue raincoat, also with a zipper. Concerning Gerry, she doesn’t know if he put on any other clothing items.

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

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

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

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

When asked, she said that before they left she took some precautions, namely placed the medicine inside a bag with a clasp in her room inside the wardrobe or the dresser. These were Calpol (paracetamol) and Nurofen (ibuprofen), for fevers and pains, both for adults and children (packages in liquid for the children). In this bag there was also a small pair of scissors. In the kitchen were cutting items that were used to prepare the meals and which were not put out of sight. During their trips it was normal for them to take these medicines. During these holidays she never gave any medicine to her children, nor did Gerry. She now says that Gerry also took medicine for acidity called Losec (omeprozole) which they also possessed.

The interview was interrupted at around 8 p.m. for a brief rest period and food; it was recommenced at 10:00 p.m.

Back to the description, the deponent says that on the 3rd they left the apartment leaving the children sleeping. Knowing that Madeleine sometimes woke and got up, she did not worry about leaving her alone, because when this happened, and it wasn’t always, it was around 2 – 3 a.m., at which time they would be back in the apartment already.

They left the apartment between 8:30-8:35 p.m., and headed straight for the Tapas where they arrived 1 minute later maximum. None of the group were at the Tapas because they were usually the first to arrive, but she isn’t sure this was the case every night. There was a couple there who they knew, Steve and Carolyn Carpenter, who belonged to Gerry’s tennis group. They talked with them for a few moments before sitting down. Meanwhile, while they talked to the Carpenters, the rest of their group arrived and sat down at a round table, where they sat every day. Order of arrival: Kate and Gerry first, then Jane, she thinks on her own, then Mathew and Rachel, then Russell, she thinks, and right afterwards David, Fiona and Diane. She makes a sketch of the table and says that both she and Gerry were not facing the apartments. Sketch attached.

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

She doesn’t know if anyone took any photographs that night, however she thinks that Rachel took photos on one of the nights. When asked, she said that Fiona also took some photos but she thinks it was probably on another night. She doesn’t know whether Fiona had a camera with her that night. She remembers hearing a comment that night about a camera being forgotten, but she doesn’t know who said this or who the camera belonged to.

Concerning the checks on the children, she said that Gerry was the first one to check on the children, this was decided on the spot, at around 9-9:05 p.m. He got up from the table and entered the apartment through the balcony door. He came back to the table ten minutes later; he implied that the children were asleep and that he’d met a tennis friend by the name of Jez, with whom he had a chat. During this check, she thinks that Gerry did not check on the children of any other couple, because it was usual just to check on their own children. She never checked on any other child, other than her own.

At 9:30 p.m. she got up to go and check on her children at the same time as Mathew, who said he was going to check on his daughter Grace in apartment 5B, and could check on her children. She hesitated, however he said not to worry as he was going anyway.

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

Apart from Matt, she does not remember if anyone else got up from the table.

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

At this moment, and because it is late, 11 p.m., the interview was interrupted and will be continued on the next morning.

She says nothing further. Reads, confirms, ratifies and signs, as do the interpreter and the defence lawyer.

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