Derek Flack Statement

With thanks to Albym (plus a couple of edits)

Processos Vol I

Pages 200 - 204


Witness Statement

Derek Flack

Date:06/05/2007

Place: Portimao

He comes to the case as a witness following the events on the morning or early afternoon of 2nd or 3rd May (last Wednesday or Thursday) which might have a bearing on the present investigation.
As he does not write or speak Portuguese he is assisted by an interpreter, G.L.C. de Jesus, at the request of the PJ.
Relating to the events of the present investigation he states that he owns a holiday home on Rua do Ramalhete in Praia da Luz where he spends extended holiday periods in our country together with his long-time partner of 36 years, C.M.D***.
They both arrived in our country on the early morning of 29 April 2007 having stayed at the above residence.
Subsequently, during the late morning or early afternoon of either 2nd or 3rd May, not being certain which, the witness and his partner were out walking in the vicinity of their home.
When asked, he does not recall the exact route taken but they went up from their home to Rua Dr. Agostinho da Silva then down Rua Dr. Francisco Gentil Martins where the "Ocean Club Gardens" is situated.
At that time as they passed the residential block he noticed a light commercial vehicle, (in all respects similar to an Opel Corsa Van), white in colour but dirty, with only one side window in the sliding panel door, but he does not know the exact make, model or other identifying characteristics - including the number plate.
All things considered he judged it to be an old model.
When going down the [Rua Martins] he passed an individual standing on his left at the beginning of a path and at the entrance of a small car park opposite the reception of the resort.
At the point they passed the individual the witness saw him face-on because he [the man] was facing the opposite direction to which he [the witness] was walking, and appearing to be watching attentively movements [occurring] adjacent to the parked vehicle.
When asked, the witness said that he noticed the above because he had a high instinct for vigilance [observation, watchfulness] due to his participation where he lived in England in a neighbourhood-watch in which suspicious persons or movements were watched for and detected to maintain order, unlike his partner who detected nothing of such incidents.
Hence, he was aware that the man's attention was fixed on the area in question [adjacent to the van] in such a way that he [the man] was unaware of the witness’s presence.
Urged to describe the man, the witness said he was Caucasian, dark-skinned, medium stature, 1,70 to 1,75m tall, about 25 to 35 years old.
He added that the man had dark and thick hair but with no noticeable fringe [at the front].
Regarding [the man's] clothing he adds that he didn't observe this in detail, judging that [the man] wore a plain T-shirt, possibly yellow.
The witness wished to clarify that he was convinced that the man was not one of the many tourists who frequented that area, considering his features and physical appearance.
When asked, the witness said that, initially, he had associated the man with the van because [the man] had looked deliberately at the area around it.
Notwithstanding [the above], having learned of the disappearance of MBM on 3 May from inside one of the resort residences mentioned above, he linked the two and that was the reason he came forward to the police.
When asked to elaborate further he said that the van was situated close to the gateway on the side of the building which led to the veranda of the apartment in question [apartment 5A].
Hence, one could conclude that the man was monitoring the movements next to that gate and, possibly, of the interior of the apartment.
For the rest, he adds that after having reflected specifically on the incidents he concluded that it was the man's deliberate focus on the area in which the events that gave rise to the investigation occurred.
Urged to reveal details about the area around the van, the witness could not be certain if the vehicle was directly next to, slightly above or slightly below, the gateway.
However, he was certain that it was a very short distance from, and directly in the path of the gate.
Asked, aside from what he reported above, he did not recall having seen the man before in that vicinity or any other place, nor caught the slightest glimpse of him since the crime that victimised the minor Madeleine.
The witness is not sure if he would recognise him again in the event that they should meet.
Based on the above description image likeness [e-fit] #18/2007 is attached.
Finally, having been asked, he states that he intends to return to England next Saturday, 12 May 2007.

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