The Cancelled Re-enactement

Email sent to Ricardo Paiva from Graham Michael

19 March 2008 16:39

(processo/16 - VOLUME XVIa.pdf P84, 85 )
Vol. XVI p. 4214

Dear Ricardo,

I refer to our recent telephone call conversations and can confirm that we will starting the interview process w/c 7th April 2008. I hope the e-mail sent on Thursday 13th March helps with your arrangements for your accommodation.

I am in receipt of your e-mail regarding further questions for John Lowe at the FSS and I will forward them for him to answer.

As discussed on Friday, we have made contact with the holiday group ( Paynes, Webster, O'Brien, Tanner, Oldfield, Manpilly ) regarding their availability for the proposed dates for a re-enactment in Portugal. We are still awaiting response from Jeremy Wilkins.

Before they will fully commit to attending they have the following questions that they reguest are answered:-

1 - Why do the PJ want them to take part in the re-enactment?
2 - What is the aim, what are the PJ trying to achieve with the re-enactment?
3 - Why so close to the anniversary?
4 - Why don't the PJ use actors?
5 - Will the footage of the re-enactment be released to the press/TV etc?
6 - What protection is there for the friends in relation to the media coverage/likely frenzy?

Would you please speak with the Director regarding these questions and consider how you would like us to respond. I would be grateful for a prompt response as this will hopefully ensure that the witnesses are available to attend.

Yours Sincerely

Mick Graham
Detective Inspector
Major Crime Unit

Email sent from Ricardo Paiva to Graham Michael / Stuart Prior

20 March 2008 11:56

(processo/16 - VOLUME XVIa.pdf P86,87 )
Vol. XVI p. 4216 and 4219 (4217 is the same, in Portugese)

Hello good morning Mick.

In answer to the questions raised by the holiday group regarding the re-enactment in Praia da Luz, Mr Paulo Rebelo wishes to clarify them as follows:

1 - Why do the PJ want them to take part in the re-enactment?

The PJ wants them to take partin the re-enactment because they were the ones who experienced the situation. Therefore they are in the best conditions to reproduce it.

2 - What is the aim, what are the PJ trying to achieve with the re-enactment?

The PJ is trying to find out, with accuracy, the circunstances of the events occurred, using for that purpose the exact place of events and the same persons who took part in it.

3 - Why so close to the anniversary?

Only now has the PJ contitions to carry out these procedings, and also because it is desirable that the weather conditions are as similar as possible to those at the time of the events.

4 - Why don't the PJ use actors?

The reason is because only the persons involved can clarify, with accuracy and at the same place, their position and movements.

5 - Will the footageof the re-enactment be released to the press/TV etc?

The PJ won't release any pictures/footage to the press.

6 - What protection is there for the friends in relation to the media coverage/like frenzy?

The place will be isolated and press interference will be avoided to its maximum.

The re-enactment will be carried out in one single day, at the exact time the events occurred.

However, the witnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.

Best regards.

Ricardo Paiva

Email sent to Ricardo Paiva from Graham Michael / cc. Stuart Prior, Gary Watts, Nigel Baraclough

28 March 2008 16:33

(processo/16 - VOLUME XVIa.pdf P89 )
Vol XVI p. 4218

Dear Ricardo,

An update for you, as discussed this morning;

We have spoken on a number of ocasions with the holiday group and they are still undecided whether they will agree to attend Portugal to take part in this process.

As a group, they are waiting to see if Gerry and Kate McCann will be invited to attend and participate in the re-enactment. It is my understanding that if Gerry and Kate do not participate in this process, then the decision will be that they will not attend.

In addition, the group have stated that they would require written reassurances about how the process was going to be conducted before agreeing to attend.

Therefore, until these issues are resolved we are unable to get a firm commitment from the holiday group to attend on either of the proposed dates.

Mick

Thanks to MCXLIII for typing up the following posts:

[Processo/16 - VOLUME XVIa.pdf P106 ]
Vol XVI p. 4237

xx xxxxxx xxxx
Exeter
Devon
xxx xxx


23rd April 2008

Re: Re-enactment of Events of 3/5/2008

Dear Stuart, Many thanks for your email, and for forwarding the reply from Senhor Rebelo. Also, thanks to you and your colleagues for arranging the re-interviews.

It is somewhat reassuring to see in writing from the PJ that there are "no suspicions over [us] regarding the commission of any criminal acts." However, we heard something similar in the weeks before Kate and Gerry were made arguidos! Additionally, the thrust of the PJ's closed questions during the re-interviews seemed only to focus on Kate and Gerry's culpability, suspicion about our written timeline or who involved the media.

After a year of lies, accusations and intrusion, I am sure that the Mr Rebelo can appreciate our complete revulsion at what Kate and Gerry have been forced to endure. Furthermore, we cannot help but feel that the re-interviews and re-enactment are all too little and far too late.

However, the last thing we would ever want is a standoff between us and the PJ, something that would only delight and benefit the press. Kate and Gerry desperately need the cloud of suspicion over them to be emphatically lifted, and the PJ need to complete their investigation. We also appreciate the legal obstacles to removing Kate and Gerry's arguido status, but would request that prior to us agreeing to the re-enactment the PJ:

• publicly dispels the damaging and disturbing lies churned out by the Portuguese press regarding alleged changes to statements, re-interviews or alleged lack of co-operation.

• publicly states there are "no suspicions over [us] regarding the commission of any criminal acts." This in no way compromises judicial secrecy.

This in no way compromises judicial secrecy. But without some official intervention on their part, a return for the re-enactment seems little more than a perfect opportunity for the press to speculate and libel us all once again.

We are very keen to help an investigation aiming to establish what's happened to Madeleine, but have no desire to assist one that seeks only to d**n our innocent friends. By actively restoring the focus on Madeleine and robustly dispelling the countless speculation, the PJ can expect our continued co- operation.

Yours sincerely,

Russell O'Brien & Jane Tanner

PS: We certainly do not request any specific reimbursement for travel or accommodation.

[Processo/16 - VOLUME XVIa.pdf P111 ]
Vol XVI p. 4241

Paulo Fernando Gaspar Rebelo
De: Paulo Fernando Gaspar Rebelo Enviado: terça-feira, 29 de Abril de 2008 1502

Para: 'Prior Stuart'
Assunto: FW: Witnesses' Questions
De: Paulo Fernando Gaspar Rebelo Enviada: terça-feira, 29 de Abril de 2008 12:39 Para: 'Prior Stuart' Assunto: Witnesses' Questions

Dear Stuart,

In Portugal, the criminal investigation is conducted by the Polícia Judiciária, under the supervision of the Public Prosecutor's Office. The competence to evaluate the interest and need for the performance of any criminal inquiry acts lies with these two entities, not with the witnesses.

In fact, according to Portuguese law (article 132, section 1, subsection a) of the Code of Criminal Procedure), whenever a witness summons is served, the witness is compelled to attend the authorities so that any action mentioned in the summons may take place.

Following the messages sent by the witnesses, I hereby inform you that both the PJ and the Public Prosecutor responsible for the investigation consider all the questions and doubts previously raised by the witnesses to have been properly answered.

Therefore, in this context and in a clear way, the witnesses shall inform, till tomorrow noon, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation.

Best regards Paulo Rebelo
CSIC

Processos Volume XVI, pgs. 4190 to 4192

Letter from PJ (Paulo Rebelo) regarding details of proposed reconstruction (English)

Dear Stuart,

As agreed during our visit to Leicester last week, and in order to provide an answer to the questions raised by various witnesses in the investigation into the disappearance of the minor Madeleine McCann, regarding the possibility of carrying out a re-enactment on the site of the events, I shall inform you of the following:

1 – Regarding the arguido or formal suspect status of Gerald McCann and Kate McCann, it is not the PJ’s competence to take the decision on the respective clearance. Thus, it is not possible to ensure the arguido status will be changed;

2 – There is no need for the witnesses to be accompanied by their children. For efficiency and celerity purposes, we indeed request that the children don’t accompany their parents;

3 – The re-enactment, within the LOR, shall take place probably on May 15, 2008, between 5.30 p.m. and 11 p.m., thus covering the time period before dinner, dinner time and about an hour after having checked that the child had gone missing;

4 – A postponing of the re-enactment will only happen if the weather conditions are extremely bad, once the sites where most part of the events took place weren’t exposed to such conditions. We also add the draft agenda to the proceedings, which we plan to be as follows:

- May 15 – In the morning – Arrival to Portugal of the participants in the proceedings;
- - In the afternoon – The re-enactment
- May 16 – During the day – Preparation, by the PJ, of the records and documents of the proceedings which will be displayed, reviewed and signed by the participants;
- May 17 – In the morning or in the afternoon – Departure of the participants.

5 – The re-enactment will be carried out with the attendance of the nine holidaying friends, as well as, incidentally, any figurant considered to be necessary for a visualization of the events, i.e. a man carrying a child;

6 – The re-enactment site will be isolated, as much as possible, in order to preserve the security and the integrity of the proceedings. However, we can neither assure the evacuation of the population, nor guarantee the press won’t interfere out of the security perimeter which will be established. Thus, we will do our best efforts to try and avoid picture taking by the press. However, we can not completely ensure that won’t happen;

7 – The re-enactment will only turn out to be efficient if performed by the participants in the events, once the information provided by the same participants needs to be tested and efficiently compared on-site, and that can only be achieved by means of their own performances. Thus, the possibility of using actors has to be put aside;

8 – The request for the presence of witnesses was submitted through the LOR; the notification for the attendance of the arguidos falls under the competence of the Public Prosecutor’s Office;

9 – If it is their wish, the witnesses can be assisted by the Foreign Office and, in the proceedings, also by a legal representative, subject to the consent of the Public Prosecutor’s Office. Within the scope of the cooperation that has been taking place, the Leicestershire Police has already been invited to be present in the proceedings;

10 – If the conditions to make the re-enactments are achieved, the payments of participants’ airfares and the stay costs will be subject of later evaluation;

11 – The PJ will be responsible for ensuring personal security for all the participants in the proceedings and will facilitate transfers from and to the airport, and from and to the proceedings. The PJ does not foresee any hostile environment or the occurrence of events able to put the participants’ physical and psychological integrity at risk;

12 – The witnesses will be invited to participate in the re-enactment, but there are no suspicions over them regarding the commission of any criminal acts;

13 – The translation services of these inquiry proceedings will be provided by private officers of the PJ;

14 – The PJ considers this re-enactment to be highly important, and hopes the witnesses show their total cooperation, as they have been doing so far, towards finding out the truth.

We hope we have provided the answers to all the questions raised by the participants and, for logistics and case preparation purposes, we kindly request to be informed about the participants’ respective answers until April 25, 2008.

Best regards,

Paulo Rebelo
CSIC

Rachael Mampilly states in her rogatory interview, about the re-enactment:
1578 “Okay. Finally would you be available to travel to Portugal to, to take part in a re-enactment of the incidents of Friday the third of May, two thousand and seven, there are two specific periods provisionally quoted, the twenty eighth to the twenty ninth of April or the fifteenth to the sixteenth of May this year”?
Reply “Yeah I mean we could be available but erm you know we’ve expressed our reservations about going to Portugal and about the reasons for doing a re-enactment, you know in a letter to Stuart PRIOR, erm I can’t really see how you know, what the purpose of it would be nearly a year down the line, erm you know there are lots, you know there are the full details about our movements that night and what happened and you know, there’s the time line that we prepared when we were out there which we thought was gonna be helpful for the PJ, erm and you know obviously since then there are all our statements and I know times might be slightly out and you know, but not, I don’t, can’t imagine they’d be sort of materially out, erm you know to make a huge difference, erm so I don’t really see one why it needs to be done at all and two why it has to be us, erm I mean you know, asking us as a group to go back and do that when it was, you know it was such a, an horrific event and certainly you know to be sitting around that table again and sort of pretending to go back and check the rooms and it would be, it would just be awful and you know, I mean much more difficult you know for Kate and, and Jane, erm you know than me anyway, erm don’t see why they can’t do it with actors”.

Table of Contents : Vol 16..(PDF page 57)..Page 4187—"Email to Stuart Prior re reconstruction questions from Tapas 9

Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo
Date : 15th April 2008
To : "Prior Stuart"
Subject : Wittnesses' Questions

Dear Stuart,

As previously agreed, here I send the answers to the questions raised by the holidaying group and Jeremy Wilkins regarding the re-inactment.
I also inform you, about the matter of Gerald McCann's credit cards intelligence, that the Prosecutor is not available to make any more changes to the LOR.
Thank you very much, again, for your fantastic cooperation.
Best regards,
Paulo Rebelo.
CSIC

Table of Contents : Vol 16..(PDF page 57)..Page 4187—"Email to Stuart Prior re reconstruction questions from Tapas 9


Paulo Fernando Gaspar Rebelo

From : Paulo Fernando Gaspar Rebelo
Date : 15th April 2008
To : "Prior Stuart"
Subject : Wittnesses' Questions

Dear Stuart,

As previously agreed, here I send the answers to the questions raised by the holidaying group and Jeremy Wilkins regarding the re-inactment.
I also inform you, about the matter of Gerald McCann's credit cards intelligence, that the Prosecutor is not available to make any more changes to the LOR.
Thank you very much, again, for your fantastic cooperation.
Best regards,
Paulo Rebelo.
CSIC

Table of Contents : Vol 16..(PDF page 69)..Page 4199— "Synopsis of Michael Terrence Wright’s statement 2008.04.16"


Synopsis re statement of Michael Terre(?)nce WRIGHT 16th April 2008.

Michael's wife (Anne-Marie) is the cousin of Kate MCCANN but has known her since she was about 8 years old when she used to holiday on the Isle Of Man where he used to live. He has known Gerry since 1997 when he started to go out with Kate. They now generally meet up on key family events.
The families stayed together in each others homes in 2006 and February 2007 and were planning a family holiday in the UK in June 2007.

He received a phone call around 11pm on the 3rd May from his wife's mother informing him that Madeleine had been taken from her bed. Between 10am and 11am next(?) morning..(Note : quoted as 10am and 11am that morning in text) he again spoke with Kate who wanted her parents to join them in Portugal.
Michael went out to Portugal on the 5th May and initially stayed above Kate and Gerry on the Mark Warner Complex. He returned to the UK on the 11th May but made 5 further trips to Portugal ;
14th May-18th May
8th June-13th June : with his wife and they looked after the twins when Kate and Gerry went to Morocco.
12th July-13th July : he returned with Kate and the twins to attend the Christening of his own children while Gerry was already in the UK. The MCCANN'S returned to Portugal on the 15th July.
22nd August- 1st Sept to replace the CAMERON family. Here he assisted in arranging the return of Gerry and Kate (Note : to the UK? (sic)) by booking a removal firm in Lagos in his name.
7th Sept-9th Sept : He helped clean up the Villa as the MCCANN'S with the CAMERONS and Eileen McCann returned home on the 9th September.
In August and September he stayed in Gerry and Kate's rented Villa.

Michael assisted with the running of the Madeleine Campaign and describes Gerry and Kate as distraught, and how they crumbled and sobbed when not out at official meetings or Media Conferences.

Michael was aware of the hire of the Renault Espace : he was collected from the airport by Kate on the 12th July in it and drove the vehicle regularly in August and September. He used the vehicle for shopping and to the rubbish/recycling area in Praia for the removal of gardening rubbish. He drove the twins to the beach and kiddies club and also for airport runs. Other times he would be a passenger when Gerry or Sandy Cameron would drive.

A number of refuse sites were used. Two areas on the Villa Estate, at the main entrance and at the top of the hill. A site on Cemetery Road, a site on a road above the Mark Warner Complex and a site between the Villa and the Church.
On a number of occasions he noticed an unpleasant smell in the vehicle that he put down to the twin's used nappies which had been discarded with the general waste. He was not aware of any spillages in the vehicle or anyone cleaning it.

Michael further stated that on the 6th May he purchased a large quantity of Pizza's from the Pizza Shack on the beach at Praia da Luz. The girl serving him was from Liverpool and after introductions she said her father "George" had seen a man carrying a child in the early hours of the 4th May in the resort. He is unaware if "George" has ever spoken to the Authorities.

DS 278 ADCOCK

Table of Contents : Vol 16..(PDF page 88 )..Page 2/2..4219—"Missing page"

Page No 1 of this letter is missing here...but this page No 2 of the letter might be linked to Page No 4216 or more likely to page 4218 which is listed on the PDF just after page 4219.
ETA : Have just noticed that this is already included in kizzy's post on this Thread of Sun Oct 26, 2008 10:33 am.

(For transference to relevant Thread within the Table of Contents Thread)

Letter (page 2 of stated 2) continued :

- The place will be isolated and Press interference will be avoided to it's maximum.

The re-inactment will be carried out in one single day, at the exact time of the events occurred.
However, the wittnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.


Best Regards,
Ricardo Paiva

Table of Contents : Vol 16..(PDF pages 94, 95,96)..Pages 4224 to 4226—"Email from R. Oldfield asking more questions re reconstruction (English) 2008.04.23"

Page 4224 :

From : Stuart Prior (stuart.prior@leicesrershire.pnn.police.uk)
Date : 24th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : FW : Re-enactment questions.

Ricardo,
This is the first reply received from the friends of the McCann's.
It seems to be the same as when you were in the UK that Rachael and Matthew would be willing to attend if they are satisfied as to the purpose of the re-enactment but clearly do not feel the previous answers from Paulo cover their questions.
Could you please discuss the attached e-mail with Paulo, see if any further answers can be clarified and get back to me.
Thanks,
Stu.

------------Original Message----------
From : Rachael Oldfield ()
To : "Prior Stuart"
Cc : "Matthew Oldfield" ()
Sent : Wednesday, April 23rd, 2008.
Subject : Re : Re-enactment questions

Dear Stuart,

Thank you for your e-mail and the attached response from the PJ.

We remain unconvinced that this reconstruction is necessary. Our most
significant question hasn't been answered, ie, how is it going to help find Madeleine/materially benefit the search for her ?

Point 14 of the PJ's response says that they consider this re-enactment "highly important". Why is that ? What are they really trying to get out of a reconstruction ?

Either they believe our version of the events of May 3rd 2007, or they don't. If they do, why the need for a reconstruction ? If they don't believe us, do they want a reconstruction so we can convince them otherwise ?

If the purpose of a reconstruction is to convince the Prosecutor to lift Kate and Gerry's arguido status then we would consider taking part in it. If it is to properly focus the investigation on the person seen carrying a child away from the apartment, again, we would consider taking part because that would help to find Madeleine.

We just need to be properly convinced of the reasons for doing a re-enactment.

We know you are the middle man in all this but we are sorry for more questions !
Please give either of us a call if you would like to talk through the above. Also if you feel this e-mail should be forwarded to the PJ please could you let us know.

Many thanks,
Kind regards,
Yours sincerely,
Rachael and Matthew Oldfield.


Page 4225

------ On Thurs, 17th April 2008, Prior Stuart wrote :
From : Prior Stuart
Subject : Re-enactment questions
To : "Rachael Oldfield"
Date : Thursday, April 17th, 2008

Dear Rachael and Matthew,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.

Stu



Page 4226

Leicestershire Constabulary.

Table of Contents : Vol 16..(PDF pages 99, 100)..Pages 4229-4230 —"Email re: Jes Wilkin’s reply to reconstruction 2008.04.28"

Page 4229 (Page 1 of 2)

From : Prior Stuart
Date : 24th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : NOT PROTECTIVELY MARKED : FW : Re-enactment questions

Ricardo
here is Jes's reply
spk soon
Stu

From : Jes Wilkins ()
Sent : 16th April 2008
To : Prior Stuart
Subject : Re : Re-enactment questions

Thanks Stuart,
As discussed with your colleagues last week I still feel reluctant to agree to this for a number of reasons including family and work commitments, the likelyhood of media intrusion and a lack of information about anything tangible or constructive that is likely to be achived by doing this.
I am happy to discuss further if necessary.
Jes

----------Original Message-------------

From : Prior Stuart
Sent : 16th April 2008
To : Jes Wilkins
Subject : Re-enactment questions

Dear Jeremy,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.

Stu



Page 4230 (page 2 of 2)

Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

Table of Contents : Vol 16..(PDF pages 101, 102)..Pages 4231 to 4232— "Email from Fiona Webster (Payne) 2008.04.28"


Page 4231 (Page 1 of 2)

From : Prior Stuart
Date : 28th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : Re-enactment questions

Ricardo
As with the others, seems that they would be prepared to attend if the questions they ask are satisfied.
Stu


From : fiona webster (e-mail address quoted)
Sent : 25th April 2008
To : Prior Stuart
Subject : Re : Re-enactment questions

Dear Stuart,

We have deliberated an awful lot about whether we should participate in the re-enactment or not. It is not an easy decision as nothing about this case is straightforward.

We appreciated that paulo Rebelo attempted to answer many of our concerns however we are still left feeling very uncertain of the motives in organising a re-enactment. What information are they hoping to gain and how exactly is it going to help in moving the investigation on in a positive direction ? As you know, we feel we would be making ourselves and our families extremely vulnerable by returning to Portugal and would like to be persuaded that doing this would be wholly beneficial to the investigation....and FINDING MADELEINE. As yet we remain unconvinced.

We remain open to further discussion regarding this key issue.

Please feel free to call if you would like to discuss this in person.

Many kind regards,

Fiona and David Payne.



Page 4232 (Page 2 of 2)

-----------Original Message--------------

From : Prior Stuart
To : fiona webster
Sent : Wednesday, April 16th, 2008
Subject : Re-enactment questions

Dear Fiona, Dianne and David,

As you are aware I had the opportunity to discuss the proposed re-enactment in Portugal, of Madeleine's disappearance with the PJ Director and Senior Investigating Officer Paulo Rebelo. I explained the concerns that you and the other holidaying friends had raised over your involvement in this re-enactment.
He informed me that he would consider the comments that each of you made and would discuss these issues with Senior colleagues of the PJ and the Prosecutor.
He has now had the opportunity to do this and has forwarded the attached document to me which explains the Portuguese position in relation to the concerns that you have raised.
He has asked that I forward a copy of this response to each of you.
I trust that these answers will assist you and the others in reaching a decision as to whether you intend to participate in the proposed re-enactment.
If you wish to discuss this further then please do not hesitate in getting in touch with myself.

Stu

Stu Prior
Detective Superintendent
Crime Support Department
Leicestershire Constabulary

Table of Contents : Vol 16..(PDF pages 105, 106)..Pages 4235 to 4236— "Email from Stuart Prior to Ricardo Paiva 2008.04.28"


Page 4235 (Page 1 0f 2)

From : Prior Stuart
Date : 28th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : Reply to PJ- 23rd April
Annexes : Reply to PJ- 23rd April.doc

Ricardo, the final reply
sorry for the slight delay but something came up.
again they seem to be saying that if certain questions are answered and issues resolved they would be willing to attend.
give me a call when you have read the 3 replies.
Stu


From : Russell O'Brien ()
Sent : 25th April 2008
To : Prior Stuart
Subject : Reply to PJ- 23rd April

Dear Stuart,

Please find attached our reply to Mr Rebelo's letter. Thanks for forwarding this on our continued concerns regarding the re-enactment.

I hope the rest of the interviews went well and thanks for arranging them in such a sensitive manner for us.

Hope you are well,

Yours,

Russell and Jane



Page 4236 (Page 2 of 2)

Thank you for your co-operation.

Table of Contents : Page 4243—"Email from Stuart Prior re: Tanner and O’Brien response 2008.04.30"

Processo Vol 16.... Page 4243.....(Page 1 of 1)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : FW : Re-enactment

Ricardo
This is the first of the replies. It implies that after Legal Advice is sought then Jane and Russell would be prepared to take part.
Give me a call
Stu


From : jmtanner@xxxxxxxx.com
Sent : 30th April 2008 11.27 am
To : Prior Stuart
Subject : Re-enactment

Dear Stuart,

Thank you for your detailed phone call yesterday evening.

We write regarding Mr Rebelo's request for a decision by noon today. Jane and I agree in principle to participate in the re-enactment. However, given the change in nature of the request, we feel it is necessary to seek additional Legal Advice to advise us on this course of action.

Yours,

Russell O'Brien and Jane Tanner

Table of Contents : Pages 4245 to 4246—"Email from Rachel and Matthew Oldfield 2008.04.30"

Processo Vol 16.... Page 4245.....(Page 1 of 2)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Rachael and Matthew. It implies that after Legal Advice is sought then Rachel and Matthew may be prepared to take part but are unable to do the dates the 15th to the 17th May 2008.
Give me a call
Stu

---------------Original Message------------------
From : Rachael Oldfield
Sent : 30th April 2008 11.03 am
To : Prior Stuart
Cc : Matthew Oldfield
Subject : Witnesses' Questions

Dear Stuart,

Thank you for the e-mail and your voice message yesterday evening. The tone of the reply from Portugal has changed and Matthew and I feel we need to take Legal Advice before making a commitment to return to Portugal.

In any event, it will now be impossible for us to make the 15th to 17th May.
We would be grateful if you could get other dates from the Portuguese when the reconstruction could take place.

We will speak to our Lawyer and come back to you in due course.

Please give me a call if you wish to discuss.

Kind regards,

Yours Sincerely,

Rachael and Matthew Oldfield


----------- On Wed, 30th April 2008, Prior Stuart, wrote :

From Prior Stuart
Subject : Witnesses' Questions
To : Rachael Oldfield
Date : Wednesday, 30th April, 2008 4.07 am

Dear Rachael and Matthew,
This is the response that I have received from Paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier replies.

I will call you shortly to discuss this further,

Thanks

Stu



Page 4246 (Page 2 of 2)

From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciária, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the wittnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,

Best regards

Paulo Rebelo

CSIC

Table of Contents : Pages 4248 to 4250—"Email from Fiona and David Payne re reconstruction 2008.04.30"

Processo Vol 16....Page 4248 (Page 1 of 3)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Fiona, David and Dianne.
It implies that after Legal Advice is sought then Fiona, David and Dianne may be prepared to take part.
They make it clear that they are not refusing to take part.

Give me a call

Stu

( Note : in the part of the e-mail which says "it implies that etc", the original text referred to Rachael and Matthew may be prepared to take part. I presume that this was an error on Mr Prior's part, and have entered the names of Fiona, David and Dianne instead )



From : Fiona Webster ( fionaelainewebster@xxxxx.com )
Sent : 30th April 2008, 10.37 am
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

Thank you for your e-mail. We did get your message on my phone also.

Having read the attached letter, there appears to be a shift in the nature and the tone of the request for the re-enactment from something informal and friendly to a formal summons. We do not understand the laws that are being quoted and thus feel it is essential to seek legal advice.

We want to make it absolutely clear that we are NOT refusing to take part in this re-enactment.

Kind regards

Fiona and David Payne


-------------------Original Message----------------

From Prior Stuart
To : fiona webster
Sent : Tuesday, 29th April, 2008 7.04 pm
Subject : Witnesses' Questions

Dear Fiona, David and Dianne,

This is the response that I have received from paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier



Page 4249 (Page 2 of 3)

replies.

I will call you shortly to discuss this further,

Thanks

Stu


From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciária, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the wittnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,

Best regards

Paulo Rebelo

CSIC



Page 4250 (Page 3 of 3)

Thank you for your cooperation.

Leicestershire Constabulary.

Table of Contents : Pages 4252 to 4254—"Email from Jes Wilkins re reconstruction 2008.04.30"

Processo Vol 16....Page 4252 (Page 1 of 3)

From : Prior Stuart
Date : 30th April 2008
To : Ricardo Manuel Gonçalves Paiva
Subject : FW : Witnesses' Questions

Ricardo
This is the reply from Jes.
It implies that if each of the other witnesses' are going to take part then Jes will consider his position as to whether he will attend or not.

Give me a call

Stu


From : Jes Wilkins ( Jes@xxxxxx.uk.com )
Sent : 30th April 2008 12.09 pm
To : Prior Stuart
Subject : Witnesses' Questions

Thanks for this and for your message.
I'm not sure what they mean by witnesses' being compelled to attend as my understanding is that I am under no obligation ?
My position remains the same really. As you mentioned in your message last night if everyone else is on board and I am the only outstanding person saying no I would be more likely to reconsider.
Feel free to call me if you wish to discuss it further.
Best
Jes

--------------------Original Message--------------------

From : Prior Stuart
Sent : 29th April, 2008 19.10
To : Jes Wilkins
Subject : Witnesses' Questions

Dear Jes,

This is the response that I have received from Paulo Rebelo, the Officer leading the Portuguese Investigation, following the issues that you and your friends raised in relation to the proposed re-enactment and his earlier replies.

I will call you shortly to discuss this further,

Thanks

Stu



Page 4253 (Page 2 of 3)

From : Paulo Fernando Gaspar Rebelo
Date : 29th April 2008 12.39 pm
To : Prior Stuart
Subject : Witnesses' Questions

Dear Stuart,

In Portugal, the Criminal Investigation is conducted by the Policia Judiciária, under the supervision of the Public Prosecutor's Office.
The competence to evaluate the interest and need for the performance of any Criminal Inquiry lies with these two entities, not with the witnesses.

In fact, according to Portuguese Law (article 132, Section 1, subsection a) of the Code of Criminal Procedure), whenever a Witness Summons is served, the witness is compelled to attend the Authorities so that any action mentioned in the Summons may take place.

Following the messages sent by the wittnesses', I hereby inform you that both the PJ and the Public Prosecutor responsible for the Investigation consider all the questions and doubts previously raised by the witnesses' to have been properly answered.

Therefore, in this context and in a clear way, could the witnesses' inform you, by noon tomorrow, if they will attend (or not attend) the re-enactment.

Thanks once again for your valuable cooperation,

Best regards

Paulo Rebelo

CSIC



Page 4254 (Page 3 of 3)

Thank you for your cooperation.

Leicestershire Constabulary.

Table of Contents : Vol 16..(PDF page 170 )..Page 4301—"Letter from Rebelo to Stuart Prior 2006.05.08 (English)"

Vol 16 Page 4301 (Page 1 of 1)

Portimão, 6th May 2008

Caro Stuart :

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you to notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.

Thank you again for your cooperation.
Best regards
(signed)
Paulo Rebelo
CSIC

P.S. At this moment, we have our e-mail system unavailable. As soon as possible, we'll send the notifications in that way, in Portuguese and English.

Table of Contents : Vol 16..(PDF pages 172-174)....Pages 4303 to 4305—"Legal details re reconstruction and Portuguese law (English)"

Vol 16 Page 4303 (Page 1 of 3)

Completed on 2nd May 2008.

=CLS=

The re-enactment of the fact is a procedure set forth in the Portuguese Law (Section 150 of the Portuguese Code of Criminal Procedure, which is below given as part of this order) and consists of re-enacting, as accurately as possible, the
situation where an event is said or is supposed to have occurred, and it also consists of repeating the way it has happened.

The re-enactment has, in this inquiry, a rather particular nature, taking into account that it aims at re-enacting facts occurred about a year ago, by means of a proximity to the situation in which they occurred, and also being aware of the
inconvenience that a trip to Portugal might represent to a group of British Citizens, although knowing that it represents a milestone of solidarity among friends and towards friends who find themselves in a particularly painful and difficult situation.

It shall also be noted that, although this procedure is considered to be very important to the investigation, it will only take place if all the below mentioned witnesses are present, considering that the arguidos (formal suspects) have already shown they are available to participate in the re-enactment.

The purpose is to gather all the participants - the arguidos Gerald McCann and Kate Healy, the witnesses who were having dinner at the Tapas Restaurant on 3rd May 2007, and who took turns to check on their children who were sleeping in the
respective apartments, as well as another witness who spoke with the arguido Gerald-, who will perform what they did on the abovementioned date, as accurately as they recall, so that what is in their written statements can be confirmed. This will allow conclusions to be drawn on how things happened on site, thus making adjustments that will allow the investigation to determine the need for any supplemental procedure.



Page 4304 (Page 2 of 3)

The re-enactment that shall have the participation of the abovementioned group of people, as well as of any character whose figurative presence might be necessary to the visualization of the events, shall take place on 15th May, between 5.30 p.m. and 11.00 p.m. On 16th May all the procedure shall be formalized, according to what had already been settled for this date and considering that all the participants meant to be present have already been informed accordingly. This cannot be subject to any change due to the time and place where the procedure shall take place.

The re-enactment will be performed at the space of the abovementioned Restaurant, Block of Apartments where the facts occurred on that date, and in the surrounding area, and it will be carried out by the Policia Judiciária, with the respective video recording and with the cooperation of the Police Authorities required by the PJ.

The arguidos Gerald and Kate shall be notified through their Legal Representatives. The notification of the witnesses David Anthony Payne, Fiona Elaine Payne, Dianne Webster, Russell James O'Brien, Jane Michelle Tanner, Matthew David Oldfield, Rachael Mariamma Jean Manpilly and Jeremy Wilkins shall be made with the cooperation of the British Police, at Policia Judiciária's request.

Each notified person shall receive a copy of this Order - concerning the re-enactment.
Proceed accordingly.

APPENDIX - Copy of Section 150 of the Portuguese Code of Criminal Procedure

Of the re-enactment of events

Section 150

Assumptions and Procedure

1- A re-enactment of events is admissible whenever deemed necessary to ascertain whether a fact could have occurred in a determined way. This consists of reproducing,



Page 4305 (Page 3 of 3)

as accurately as possible, the situation in which the fact is said to have occurred or is supposed to have occurred, as well as of repeating the way it has happened.

2- The Order requring the re-enactment of the fact shall bear a short indication as to it's object, date, time and place where the procedure shall take place as well as to the way it will be carried out, eventually using audiovisual means. The same Order shall appoint experts to carry out specific operations.

3- Publicity of the proceedings shall be avoided as much as possible.

Table of Contents : Vol 16..(PDF page 175 ).....Page 4306...."Confirmation fax sent"

Vol 16 Page 4306 (Page 1 of 1)

FAX

Portimão, 6th May 2008

Caro Stuart :

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you to notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.

Thank you again for your cooperation.
Best regards
(signed)
Paulo Rebelo
CSIC

P.S. At this moment, we have our e-mail system unavailable. As soon as possible, we'll send the notifications in that way, in Portuguese and English.

Table of Contents : Vol 16..(PDF page 176).....Page 4307..."Letter to Stuart Prior"

Vol 16 Page 4307 (Page 1 of 1)

João Carlos Silva Pereira

From : João Carlos Silva Pereira
Date : 6th May 2008
To : stuart.prior@leicestershire.pnn.police.uk
Subject : Re-enactment
Annexes : FW : Forwarding final reconstitution version; Sending of translation.

Dear Stuart

Here we send you the Prosecutor's decision regarding the re-enactment.
We kindly request you notify the witnesses, officially, and we also request the confirmation of the receptions by the witnesses.
Thank you for your cooperation.
Best regards
Paulo Rebelo CSIC

Email from J. Tanner to Stuart Prior

08 May 2008 10:05

(Processo/16 - VOLUME XVIa.pdf P179,180)
Vol XVI p. 4310

Dear Stuart,

Thanks for your call last night.

I spoke with Rachel last night who is chasing Brian Spiro for a response to our legal queries. We are hoping to have that today.

Until then we cannot give a definitive answer. Hoever I believe Matt and Rachael cannot do that date, so it may be immaterial anyway!

I would just like like to reiterate what I said last night, in that it is so sad we have to consider so many peripheral issues rather than just doing everything we can do to help find Madeleine.

Thanks and regards.

Jane

Email from Rachael Oldfield to Stuart Prior

10 May 2008 10:14

(Processo/16 - VOLUME XVIa.pdf P181,182)
Vol XVI p. 4312

Dear Stuart,

Further to our recent emails, Matthew and I have made the decision not to return to Portugal for the proposed re-enactment on 15th/16th May 2008.

We will respond to the formal notification when we receive it as well.

If you need anything further from us, please do not hesitate to give me a call.

Kind regards.

Rachael Oldfield