Wednesday 7 December 2016

David Payne




David Payne

On the 16th of May 2007, two doctor friends of the McCanns, and the Paynes, make a statement to Leicestershire Police (LP) in which they express their concern over sexually suggestive gestures made by David Payne on a previous holiday in Majorca. These alleged gestures are considered, by one of the witnesses, to be consistent with acts of paedophilia. 

The statements are not sent from LP to the Policia Judiciária (PJ) until 24 October 2007 (arriving on 26 October 2007), 24 days after Gonçalo Amaral had been removed from the investigation. 

In an interview with Correio da Manhã, published on 24 July 2008, Gonçalo Amaral states that the depositions arrived in May, but this refers to the date they arrived at LP. 

Intriguingly, the letter from LP mentions the completion of a written questionnaire - by David and Fiona Payne - but it is unclear whether that questionnaire was supplied by the PJ or whether it was instigated by LP themselves. There appears to be no copy of the questionnaire anywhere in the PJ files. 

Correio da Manhã reports, on 19 July 2008, that 'the depositions ... only entered the process in January 2008 ... At that point in time, Kate and Gerry were already arguidos, the rogatory letters had already been issued and the English, including Dave, showed their reluctance in returning to Portugal.' However, this statement, about the depositions only entering the process in January 2008, does not appear to be supported by the PJ files themselves. 

It is unknown whether these statements by the Gaspars were subject to any further follow-up by either LP or the PJ. 

Also on this page are the statements of Yvone Martin who expressed concerns about David Payne and the behaviour of the McCanns. It is understood these statements were followed up by Gonçalo Amaral, who notes in his book, 'The Truth of the Lie', that Leicestershire Police reported: "There is nothing incriminating in his past and, as we were able to verify, he has no criminal record." 



The Gaspar Witness Statements Katherina Gaspar: Witness Statement, 16 May 2007 
MCCANN PJ FILES KATHERINA GASPAR PAYNE INCIDENT 16 MAY 07

Arul Savio Gaspar: Witness Statement, 16 May 2007 
MCCANN PJ FILES ARUL. S. GASPAR PAYNE INCIDENT 16 MAY 07

Leicestershire Police: Follow up to Gaspar statements, 24 October 2007 
MCCANN PJ FILES GASPAR PAYNE INCIDENT 16 MAY 07

The Leicestershire Police letter and Gaspar statements from the PJ Files 
Arul and Katherina Gaspar Statements

Yvone Martin's Witness Statements Report on Yvone Martin's initial conversations with the PJ, 12 June 2007 
MCCANN PJ FILES YVONNE WARREN MARTIN CHILD PROTECTION

Yvone Martin: Witness Statement, 13 June 2007 
MCCANN PJ FILES YVONNE WARREN MARTIN CHILD PROTECTION

Yvone Martin: Photographic Recognition File, 13 June 2007 
MCCANN PJ FILES YVONNE WARREN MARTIN CHILD PROTECTION

Yvone Martin: Witness Statement, 14 November 2007 
MCCANN PJ FILES YVONNE WARREN MARTIN CHILD PROTECTION

Yvone Martin: Service Information, 14 November 2007 


Press Reports 


English ignored complaint of paedophilia against one of the McCanns friends 

Source: Correio da Manhã
19 July 2008 
Correio da Manhã 

Statements - Doctor friends of the McCanns talked with the British police 
Thanks to 'astro' for translation 

 - Extract from article - 

Dave Payne, one of the friends of the McCanns who were holidaying in the Algarve on the 3rd of May last year when Madeleine disappeared, was suspected of paedophile behaviour. 

Twelve days after Maddie disappeared, a couple revealed the strange behaviour of one of the group's members. Testimonies only reached the Judiciária in January this year 

David Payne, one of the McCanns' friends that were on holiday in the Algarve on the 3rd of May last year, when Madeleine disappeared, was suspected of paedophile behaviour. 

The accusations were brought by a couple of friends that spent their holiday with part of the group in the summer of 2005 – themselves also English doctors. Twelve days after the British girl disappeared, Katherina and Arul could no longer keep the secret that had bothered them for two years and went to the police to make a statement. They revealed two conversations between Dave and Gerry, during which both revealed suspicious behaviour and indiciated sex with minors. 

According to what CM was able to establish, the depositions were given on the 16th of May. But they only entered the process on January 2008 and are included in the 13th volume of the process files. At that point in time, Kate and Gerry were already arguidos, the rogatory letters had already been issued and the English, including Dave, showed their reluctance in returning to Portugal. 

Touching the nipple 

Katherina made a statement that was eight pages long. She reported holidays in Mallorca with several English [people], including the McCanns and the Paynes. Two incidents left her with serious doubts about the friends' behaviour and led her to create suspicions that were never confirmed. 

The first one happened on a night when Gerry and Dave were talking about Maddie. Katherina does not know what they were saying but she remembers that Dave sucked on his fingers, pushing them into the mouth and pulling them out again, while his other hand traced a circle around the nipple, with a circular movement over the clothes. "That was done in a provocative manner", recalls Katherina, who says that it stuck to her memory. 

Days later, the scene repeated itself. The doctor saw Dave making the same gestures again, while he talked about his own daughter. Scared, Katherina said nothing about the incident. But she took special caution, asking her husband never to let the doctor come close to the bathroom when her daughter was having a bath. 

Arul went to the police to tell the same story. Katherina's companion confirmed the gestures that were made by Dave during the conversation with Gerry but asserted that he wasn't aware that they were talking about Maddie. He did find the behaviour in extremely bad taste, but didn't see it being repeated. 

The incident ended up forgotten in his memory and it was only the disappearance of Madeleine, who had also been with them on the Mallorca vacation, that revived it. 

During the deposition, Katherina went even further and said she had associated the gestures to someone who likes to watch child pornography. "I remember thinking whether he looked at the girls in a different manner", she concluded. 

Friends from school days 

Arul and Kate were friends from their school days. They have known each other for approximately 20 years and that was the motive that led the couple to accompany the McCanns on their holidays to Mallorca. Arul and Katherina did not know Fiona and Dave and they only met again once, during a dinner that gathered several couples. When Maddie disappeared from the Ocean Club, Katherina remembered the incident in Mallorca. And she immediately tried to verify whether Dave had again been accompanying the McCann couple, as the suspicions about his behaviour still stood. In the deposition that was made to the English police, Katherina says she decided to give a statement when she saw the TV images. Dave was among the same holiday group. 




Cadaver was frozen or kept in the cold 

Source:  Correio da Manhã (no longer available online) 
24 July 2008  

Thanks to Joana Morais for translation 

- Extract from interview with Gonçalo Amaral - 

"Payne is the last one to see her" 

Correio da Manhã:  When do testimonies concerning David Payne's behaviour indicating sexual practices with minors arrive? 

Gonçalo Amaral – In May. Something went wrong with that group during a holiday: David Payne made revealing gestures concerning behaviour towards children. Even towards Maddie. We asked for information but it arrived after the 26th of October. They sent the information without giving it any importance. 

What exactly did arrive? 

A couple of doctors spent holidays in Mallorca, in 2005, with David Payne, the McCanns and another couple. The lady says she saw Payne with his finger in his mouth, making a movement in and out, while rubbing his nipple with the other hand. And he was talking about Maddie, next to her father. Those statements should have been given a different treatment by the police. It was relevant to access the information, about doctors, who are just as credible as anyone else. 

What else remains unclear concerning David Payne?

He will be the last one to see Maddie alive after 5.30 p.m., when she leaves the crèche. He meets Gerry playing tennis and asks him about Kate and the children. Gerry answers that they are in the apartment and he goes there. He returns 30 minutes later. Kate says it was 30 seconds. There is something not quite right here. 



Maddie - friend of the McCanns under suspicion 

Source: O Crime (paper edition only) 
16 April 2009 

Translation by Nigel Moore / Joana Morais 
Thanks to Mercedes for original article and scanned image 




A British doctor raised doubts about David Payne, describing behaviour that they deemed inappropriate and obscene. The suspicion, which concerned the matter of health care, led to monitoring when he bathed the children and preventing him from being close to her own daughter. Meanwhile, Payne comes to Portugal this week, in a lightning visit. 

The doubts are reflected in a statement given to police in Leicestershire, which was subsequently sent to the Policía Judiciaria, carried out on the 16th of May 2007, less than two weeks after the disappearance of Madeleine, which point towards the behaviour of David Payne, 43 years, cardiovascular researcher, along with his wife and mother-in-law, who accompanied the McCanns on their holiday to the Algarve. 

"During the holidays we also met friends of Gerry and Kate. There was a married couple named Dave and Fiona, whose surname was Payne (...) were married and had one daughter, 1-year-old. I remember that on these holidays, Fiona was pregnant," said the doctor. 

"There was another couple who also spent the holiday with us. (...) I did not know these two families until we went on holiday together. As I recall, I think that David organised the holiday and we all stayed together in a big house while we stayed in Mallorca. We spent a week on holiday, however, the McCann family, and the Payne family stayed for two weeks," recalls Katherina G. 

Her statement then becomes more expressive when it relates to the behaviour of David Payne: "Possibly around the fourth or fifth day abroad, I remember an incident that stayed recorded in my head. I was seated between Dave and Gerry who I believe were both speaking about Madeleine. I don't remember the conversation in its entirety, but it seemed they were discussing a possible scenario. I remember David telling Gerry something like "she", referring to Madeleine, "would do this". 

Judging by the statements, even the doctor was convinced that she was the topic of conversation. When he mentioned "this", Dave was sucking on one of his fingers, pushing it inside and outside his mouth, while with the other hand he made a circle around his nipple, with a circulatory movement over his clothes. This was done in a provocative manner and carried an explicit insinuation in relation to what he was doing and making. I remember that I was shocked at this, and looked at Gerry, and also at Dave, to gauge their reactions. I looked around as if saying "did someone else hear that, or was it just me". There was a nervous silence registered in all the conversations and afterwards, everyone began talking again," said the British doctor. 

Later she said: "Besides this, I remember that Dave did the same thing once again. When I refer to this, I want to clarify that it was during a conversation in which he was talking about an imaginary situation, though I could not say exactly what about. (...). He put one of his fingers in his mouth and slide it in and out, and with the other hand, drew a circle around his nipple in a sexually and provocative way. I believe that he was referring to the way that his daughter would behave or do it. (...) When I heard Dave doing and making this a second time, I took it more seriously. I remember thinking whether he looked at the girls in a manner different from me or from the others. I imagined that maybe he had visited Internet sites related to small children. In short, I thought he was interested in internet child pornography." 

Attentive to the baths 

Katherina made a highly critical assessment of the behaviour that she claims to have observed. And so became attentive to any contact between Payne and children. "During our holidays I was more attentive at bath time after hearing Dave saying that. During our vacation in Mallorca, it was the fathers who took care of the children's baths. I had the tendency to walk close to the bathroom, if Dave was bathing his children. I remember telling Savio (her husband) to be careful and to be there, in case it was Dave helping to bathe the children and, in particular, to my daughter Ellen. I was very clear about this, as having heard him disturbed me, and did not trust him to give a bath to Ellen alone," said the doctor friend of the McCanns in her statement to police. 

"The first time I had knowledge of the terrible news about Madeleine's disappearance through the radio, my thoughts went immediately to Dave. (...) I watched TV meticulously, and seeing the coverage of the news, I understood that Dave was there, because I saw him, in the background, on the television images during the first days after the Madeleine's disappearance," said the witness. 

At the same time, her husband Savio described the behaviour of Dave (the finger making circles around the nipple), considering the gesture inappropriate and "extremely bad taste, regardless of the context of the conversation." Savio ends his statement by saying: "It is my wish that the police are aware of my concern about the gesture made by Dave Payne." 

True, these statements and the eventual evaluation of the facts revealed, did not eventually have consequences in the case. Other information was added to the enigma that was transformed into the disappearance of Madeleine. 

David Payne is expected this Friday in Faro, in a lightning visit to the village of Luz. He comes with a team from Channel 4, who are making a documentary about Maddie. The same team that were already in that place a week ago, that time accompanied by Gerry McCann. Payne will leave the day after flying from England. 




Madeleine McCann case - David Payne may hold the key to the mystery

Source: TVMais (paper edition only) 
18 April 2009 

 "The English aurhorities should explain what the complaint is, that they have against David Payne, and who presented it" 

Gonçalo Amaral, author of the documentary TVI broadcast this week, told tvmais that Payne may hold the key to the mystery and the disappearance of Maddie 

By Hernâni Carvalho 
Translation by Nigel Moore 

"If the Attorney General of the Republic watched the programme with care, he should have no alternative other than to reopen the case!" The emphatic claim comes from the coordinator of the Judiciary in the investigation of the Maddie case, until October 2007, in an exclusive interview with tvmais. 

When Gonçalo Amaral was removed from the investigation he wrote the book "Maddie: The Truth of the Lie", a work that inspired the documentary that TVI devoted 50 minutes to on Monday, after the "National Telediary". 

"Reopening the process would mean that the prosecutor would be acknowledging a mistake," Gonçalo Amaral told tvmais. "As you can see, we demonstrated in the documentary that, physically, abduction could not have happened. It also became clear that she died that same day, May 3, 2007," the inspector said shortly after the broadcast on TVI. "But above all, the role that David Payne played in the case needs to be understood. Certainly with the girl and with Kate McCann." 

We ask the coordinator of the PJ to explain these words. "The British authorities have, since May 16, 2007, a complaint filed by Katherina G., a doctor and former friend of Payne and Gerry McCann. In that complaint, she explains the suspicions that she has had about David Payne since she spent a holiday with Payne and McCann in Mallorca. Gerry McCann is accused of inaction and complacency in the attitude of David Payne." 

Suspected paedophile 

The claim of Gonçalo Amaral refers to the British couple, (doctors Katherina and Arul) who denounced David Payne. During that past holiday with the McCann's and Payne's in Mallorca, summer 2005, that British doctor retained an impression and never forgot what she saw one night when Gerry and David were talking about Maddie. David sucked on his finger, pushing it into and out of his mouth, while with the other hand made circles around his nipple. Days later, the doctor said, she returned to see Dave do the same gestures when speaking about his own daughter. Katherina decided to take special care with her own daughter and asked her husband to ensure that her daughter was never left alone with Payne when she was taking a bath. Kaherina said she had associated the gestures with someone who likes to see pornography. "I remember thinking if he would look at girls in a different way," she concluded. Twelve days after Maddie disappeared (16 May), Katherina and Arul went to the police to reveal the two conversations with Dave and Gerry, which first showed suspicious behaviour and suggested sex with minors. Katherina provided an eight-page statement. She described the holiday in Mallorca with McCann and Payne. Katherina's partner confirmed the gestures made by Dave during the conversation with Gerry, but said he did not realise that they were talking about Maddie. He also believed that the behaviour was of extremely bad taste. The statements were provided on May 16, 2007, but had no input into the process until January 2008 (Volume XIII). By then, the rogatory letters had already been sent. 

David Payne, the same 

Tvmais has already reported that David Payne is the same one that the PJ did not see testify in England. He is the only one whose statements for the famous rogatory letters, that the PJ sent to England, were remade because of a malfunction in the recorder... 

David Payne was one of the friends dining with the McCanns on the night of the disappearance of the girl at the Ocean Club. He is the man that tvmais had already confirmed had been in apartment 5A of the resort (home of the McCanns) about 19:00 that afternoon of May 3, 2007, shortly before, therefore, the time that the girl was reported as missing. Up to the closure of this edition, we failed to confirm whether someone from the Attorney General's Office saw the documentary. Although the rest had already been informed by tvmais throughout the almost two years that have elapsed since the disappearance of Madeleine McCann, a British child of 4-years-old, in the Algarve. We even showed the reported information of the declarations about Payne to the British police. It was the phrase Gonçalo Amaral on TVI's documentary: "It can be said with all certainty that Madeleine McCann was not abducted." 

McCanns already control the fortune

The fund created just nine days after the disappearance of Maddie (a fund whose only goal was to raise funds to find the girl, accumulating millions of euros) has a new director: Gerald McCann, the very father of Madeleine McCann. Discreetly, they had already entered Peter Hubner, John McCann, Edward Smethurst, Doug Skehan, Jon Corner and other friends of the McCanns. This special status of the fund means that detailed accounts on how the money is spent do not need to be submitted. The McCanns house and other expenses are not reflected as being paid by the fund, although of the accounts presented, what is clear, is that barely 13% of the money was spent on investigations to "find the girl." The rest also went, but where is not known... 






David Payne describes Madeleine

Extract from David Payne's rogatory statement to Leicestershire Police on 10 April 2008 24 April 2009

24 April 2009  

"Mmm..., errr... Madeleine's, errr... a very striking, errr... beautiful child, I'd almost - if I want a better phrase - call her doll-like, you know. She was very, you know, I think, you know, very unique looking child, errr... she'd got very pretty, you know, blonde hair, errr... in a bob, she was quite a petite, errr... child and, you know, she was very bubbly, very, errr... you know, she was a very good child to, to interact with. She was very bright, you could have a lot of fun with Madeleine, errr... and, you know, she, she was, you know, Kate and Gerry's, you know, pride and joy. They'd had a lot of trouble conceiving, you know, with IVF and everything and, you know, Madeleine was their miracle. She was obviously very unique with the fact that she'd got the, you know, the iris defect, errr... but, you know, she was certainly a happy go lucky child, you know, she was, she would interact with the other children very well, as I said on the other, earlier recording, you know, she played very happily with Lily and, you know, indeed the other children. She was, you know, very... she is a very beautiful child and good fun." 


(...) 


"You know, I, you know, a fact I've come across already you know, she was a... she's a very bright child, you know, she wouldn't be the kind of mischievous child who, you know, and just try and get out of the flat and, you know, get up to mischief and that, you know, there's fun in all children but she certainly wasn't that kind of child. She was very bright." 



Suspicions about Payne were never investigated

Source: Correio da Manhã 
27 April 2009

Maddie Case: Reconstruction that was requested by the PJ could have clarified doubts

by Tânia Laranjo 
27 April 2009 - 00h30 
Thanks to Astro for translation 

The suspicions against medic David Payne, one of the McCanns' English friends, who was in Praia da Luz on the 3rd of May 2007, when Madeleine disappeared, were never investigated. Meanwhile, the doctor moved house and doesn't live in the same London area anymore. He was expected to return to Praia da Luz over the last few days, to record the documentary that is being prepared in England, but he ended up cancelling the trip. It is unknown if an actor will play his part in the reconstruction that is promoted by Kate and Gerry. 

"On the day that Madeleine disappeared, his behaviour was very strange. He tried to sit in during the interrogations of Kate and Gerry, and he seemed very upset", a member of staff at the Ocean Club who assisted the searches during the first few hours, told CM. 

David Payne was cited in the process twice, as having strange behaviour towards children. The first case took place in the initial hours that followed the child's disappearance, when a social services worker from England, who happened to be on holidays in Lagos, stated that she recognised Payne from a situation that she had investigated and which was related to child neglect or sexual abuse. 

Later, an English couple told the police that a year before they had been on holidays with the McCanns and with the Payne couple, and that back then, the doctor had had a conversation with Gerry, which they witnessed, that indicated child abuse. 

Payne used to bathe the children and since that day, that English couple, both doctors as well, prevented him from getting close to their daughter. 

Payne wasn't questioned by the police because he returned to England in the meantime. 

The McCann couple then refused to take part in the reconstruction of the night when Maddie disappeared, thus making it impossible for the suspicions against Payne to be proved or dismissed. At that time, Gerry and Kate were already arguidos over the concealment of the cadaver and neglect towards their children. 



The future is bright - the future is European!

European Board of Eurology (PDF) 



EBU Exam: a UK trainee's experience

Mr. David Payne
Leicester General Hospital 
Urology dept
Leicester (UK) 


It's a pleasant Sunday morning in Athens and the temperature is approaching 30˚C. I'm sipping a Mythos beer in the shade of an umbrella whilst taking in the view of the Acropolis, satisfied with the new award - Fellow of the European board of urology (FEBU). Not bad considering less than 48 hours ago I was leaving the rainy shores of England. 

So what madness drove me to sit yet more exams? I had always been impressed with the EAU's approach to trainees and as a junior member I had enrolled on the European Residents Education Programme (EUREP) in Prague. This is essentially a revision course with the option for final year trainees to sit the EBU MCQ paper at the end of the week. Those who pass the exam can proceed to sit the EBU oral exam held at a later date. On the course I met several UK trainees who were using the week to prepare for the UK FRCS urology exam. This seemed a sensible strategy to sit both the European and English exams in quick succession whilst being at your most knowledgeable. 

I eventually sat the EBU written exam in London in November 2008 along with 17 other hopeful candidates. In total, 227 trainees across Europe took the exam at several venues. The paper consisted of 150 MCQ's, which had to be completed within 2 1/2 hours. The paper was very fair with the questions being mainly clinically orientated and applicable to UK practice. 

Two weeks later I was notified that I had passed the exam and was provided with a breakdown of marks for each urology sub-speciality. This latter feature was helpful in directing subsequent revision for the FRCS urology written paper that was conveniently held six weeks later, which I also passed. So far so good... 

Next up were the oral examinations with the FRCS in May and the EBU equivalent in June. The FRCS viva involved answering questions on 16 different scenarios testing all of the urology sub-specialities. Although re-energised by the relief of passing the FRCS vivas, I did question the logic of rushing off two weeks later to sit another viva abroad. 

However, on landing in Athens on a Friday night with the warm breeze that greets you on arrival, the ordeal becomes more like an adventure. The vivas were held on the Saturday in a hotel not far from the city centre. Unlike the endless vivas for the FRCS, the EBU oral consists of three structured scenarios lasting just under an hour. My first viva covered paediatrics, the next penile cancer, with the final clinical based problem beginning with a BPH scenario which took a cheeky change in direction, turning into the management of bladder cancer. 

The examiners were very friendly and encouraging throughout but expected knowledge to be backed up with reference to the 2009 EAU guidelines. Once the vivas are finished, the award ceremony was held later on that evening. The names of those who have passed are called out and the FEBU diploma is awarded to the applause of the other trainees. Very few people fail outright, with borderline candidates getting another opportunity to sit a pass fail viva that evening. 

My overall impression of the EBU exam is a very positive one. It's reasonably priced, well organised with sensible, and clinically based questions giving trainees from all over Europe the chance to test their clinical abilities. To date, 188 urologists in the UK have passed the diploma – the total stands at 2617. Although FEBU is not currently recognised as a formal qualification, the number of UK trainees sitting the exam is likely to continue to rise. 

So book your exam, make a long weekend break and embrace the opportunities of a European market. Who knows, that job in Tuscany is just round the corner! 

August/September 2009



McCanns defend their action against detective

Source: Euro Weekly News - Costa Blanca Edition 1281 (page 10) & Mallorca Edition 1281 (page 16)

21 January 2010  


Edition 1281
21 January 2010


Gerry McCann defended his legal action against a detective who led the investigation into his daughter's disappearence, saying his book had damaged the search for Madeleine. He spoke to reporters as he left a court in Lisbon on the second day of a hearing at which former police chief Gonçalo Amaral is attempting to overturn a ban on his book, which questions the McCanns' account of what happened to Madeleine. 

Gerry flew home after the second day of the trial and Kate was joined by Fiona Payne, a member of the so-called Tapas seven group of friends. 

However there have been worrying reports regarding her husband, David, who was also amongst the group. Dr. Katherine Zacharias Gaspar told Leicestershire Police on May, 16, 2007, that she and her husband were friends of the McCanns and went on holiday with them and the Paynes in September 2005. During this holiday an incident stuck in her mind. 

"I was sitting between Gerry and David and I think both were talking about Madeleine (...). I remember David saying something to Gerry about "she", meaning Madeleine 'would do this'. While he mentioned the word 'this', David was doing the action of sucking one of his fingers, pushing it in and out of his mouth, while with his other hand he was doing a circle around his nipple (...). I remember being shocked by that." 

Gerry also told reporters outside the court that there is 'absolutely no evidence' that Maddie is dead, after the testimonies of three members of the Portuguese Police expressed their suspicions of her death during the hearing. And subsequently censored...





With thanks to Nigel at McCann Files



Clarence Mitchell and the McCanns

21 Issues of Concern Here we examine 21 of the many issues that have caused people concern about Mitchell’s role in the Madeleine McCann case.  

Graphic: Madeleine McCann Know The Truth

1. Allegedly being involved in tipping off the McCanns that the Portuguese police had been, or were going to, track their e-mails and ’phone calls The McCanns were tipped off that the Portuguese police were monitoring their e-mails and ’phone calls. There was naturally concern over how this information leaked to them. A former Portuguese police officer has admitted working for the Spanish private detective agency, Metodo 3. He in turn had an inside contact in the Portuguese police who supplied Metodo 3 with information about the investigation. Clarence Mitchell was asked in an interview by Simon Israel on Channel 4 how the McCanns were tipped off. He refused to answer. 

2. Being forced to deny the McCanns’ initial claim of a break-in On the evening that Madeleine was reported missing, the McCanns claimed an abductor had broken into the children’s room by ‘jemmying open the shutters’. They repeated that claim many times - a claim the media reported extensively. But the managers of the Mark Warners resort where the McCanns were staying, and the police, soon discovered that the shutters had not been tampered with. This forcing the McCanns to dramatically change their story - one of many changes of story - to say: ‘the abductor must have walked in through an unlocked patio door”. Asked about this discrepancy, Mitchell was forced to concede on the record: “There was no evidence of a break-in. I'm not going into the detail, but I can say that Kate and Gerry are firmly of the view that somebody got into the apartment and took Madeleine out the window as their means of escape. To do that they did not necessarily have to tamper with anything. They got out of the window fairly easily”. It is however most unlikley that an abductor could have ‘got out of the window easily’ leaving no forensic trace. 

3. Smearing Robert Murat A curious feature of the Madeleine case was the targeting of Robert Murat, a dual Portuguese-British citizen, as a suspect. A journalist who worked closely with Clarence Mitchell, Lori Campbell, suspected Murat of involvement in Madeleine’s disappearance and reported him to the Police. Three of the McCanns’ close friends, the so-called ‘Tapas 7’, also reported seeing Robert Murat close to the McCanns’ apartment the evening Madeleine went missing, a claim he denied. The McCann camp made a concerted attempt, for whatever reason, to smear Murat. Clarence Mitchell himself played a key role in this: He said: “An outcome similar to Holly and Jessica [Soham children murdered by Ian Huntley] is possible. I don't want to, and I can't, talk about Robert Murat, but some journalists who worked with me in Soham, and that were now in Portugal, saw resemblances between that case and Robert Murat. And I won't say more”. He was very lucky that Murat did not sue him for libel, since in 2008 Robert Murat collected a reported £550,000 in libel damages from news media and journalists whom he claimed had smeared and libelled him. 

4. Being forced to retract his claim that ‘Madeleine is probably dead’ During early 2008, Clarence Mitchell was forced to concede that ‘Madeleine is probably dead’. This caused grave embarrassment for the McCanns, who were determined publicly to maintain that Madeleine was still alive. His statement could also have had serious implications for the Fund, which can only continue to operate and keep asking for donations on this premise. Dr Gerald McCann was forced to publicly rebuke his PR chief by insisting on his blog two days later that they remained hopeful that Madeleine was still alive. 

5. Failing to explain that the ‘Helping to Find Madeleine Fund’ was not a charity Interviewed by James Whale, Mitchell repeatedly refused to correct Whale when he referred to the McCanns’ fund as a ‘charity’. In fact, the Helping to Find Madeleine Fund is registered as a ‘private trust’; its aims are not charitable and include making payments to the McCanns. 

6. Asking people to send money in envelopes to ‘Gerry and Kate, Rothley’ Asked on the same James Whale show how people could contribute to the fund, Mitchell said: “Just put money into an envelope and send to Kate and Gerry McCann, Rothley, it’ll get there”. That was unprofessional - monies should have been directed to the registered office for the Fund, namely London Solicitors Bates, Wells & Braithwaite. For example, monies sent in the post could be stolen en route or would not be properly accounted for. 

7. Claiming that the Fund was ‘independently controlled’ Pressed about control of the ‘Helping to Find Madeleine Fund’, Clarence Mitchell claimed that the Fund was ‘independently controlled’. This is untrue. The Trust’s Directors consist mainly of members of the McCann family and their friends or acquaintances. 

8. Retreating on whether or not the McCanns would take a lie detector test The McCanns were anxious to convince the world that they were telling the truth about how Madeleine had suddenly gone missing. To bolster their claim, Clarence Mitchell announced: “Kate and Gerry McCann would have no issue with taking a lie detector test”. However, two months later, he announced: "Of course they are not going to take any lie detector test”. 

9. Making a film for TV about the McCanns’ distress ‘one year on’ whilst at the same time claiming the McCanns were not doing so Clarence Mitchell told the media: “The McCanns don't want to do anything about 'woe is us a year on'. That is what the tabloids would like us to do, but we are not following their agenda, we are following our own agenda” (one of many references to ‘our agenda’). Weeks later, there was a two-hour long pre-recorded TV interview: ‘Madeleine McCann - One Year On’, clearly prepared long before his public statement, and certainly with his personal knowledge. 

10. Issuing a ‘Crimewatch’-style video clip with a description of an abductor It has always been the McCanns who have given out descriptions of a possible abductor. The Portuguese police from early on doubted the truthfulness of claims by Jane Tanner, one of the McCanns’ ‘Tapas 7’ friends, that she had seen an abductor. In early 2008, Clarence Mitchell announced that the McCann team were looking for a moustachioed man seen in Praia da Luz around the time Madeleine went missing. He did this in a widely-shown video clip in which he acted like a Crimewatch presenter. At a meeting at the London School of Economics on 30 January 2008, this performance, plus his commanding stance and choice of words, prompted one member of the LSE audience to ask: “Are you the police?” There was much laughter. 

11. Claiming that “…whatever the Portuguese police might find in their investigation, the McCanns will have an innocent explanation for it” To this bizarre statement, Mitchell added the equally strange comment: “There are wholly innocent explanations for any material that the police may or may not have found”, prompting many to ask: “How could the McCanns and Clarence Mitchell know in advance what the police might find and know that there would be ‘an innocent explanation’ for everything? 

12. Claiming it didn’t matter if Dr Kate McCann changed her clothes on 3 May One of the key issues in the Madeleine McCann case is whether the McCanns and their ‘Tapas 7’ friends have been telling the truth, the whole truth and nothing but the truth about the events of 3 May 2007, the day Madeleine was reported missing. In late 2008, a French journalist, Duarte Levy, claimed to have seen photos taken that evening conclusively proving that Dr Kate McCann had left the table during the evening and changed her clothes. That would blow a hole in her claim that she was at the Tapas bar the whole evening. She would have had to explain why she changed her clothes. Mitchell’s official response to these claims was: “So what if she did leave the table and change her clothes?” He refused to elaborate. 

13. Saying that ‘none of the Tapas group’ were wearing watches the night Madeleine went missing - and then being forced to retract that statement Clarence Mitchell had come under pressure from journalists to explain why there were so many major contradictions between the McCanns’ and the Tapas 7’s versions of events on 3 May 2007, when Madeleine ‘disappeared’. There were also many discrepancies in their timelines. Mitchell tried to explain, responding: “None of them were wearing watches or had mobile phones on them that night”. Those journalists then confronted him with the sheer unlikelihood that all nine had neither watch nor mobile ’phone, pointed out that the McCanns and others had used their mobile ’phones that night, and produced pictures of the McCanns and their Tapas 7 friends taken in Praia da Luz that week which showed that they were always wearing watches. Clarence Mitchell was forced into an embarrassing retreat, conceding: “Some of them were wearing watches and had mobile ’phones, some of them weren’t”. It is also now known from the McCanns’ statements to the Police, which have been publicly released, that the McCanns both had mobile ’phones with them that evening. As their official spokesman, Mitchell must surely have been briefed on this before he made his statement. 

14. Falsely claiming that the McCanns had been ‘utterly honest and utterly open’ On 11 April 2008, Clarence Mitchell made this bold claim: “Kate and Gerry have been utterly honest and utterly open with the police and all of their statements from the moment that Madeleine was taken”. He later said, referring to himself and the McCanns: ‘We have nothing to hide’. When addressing a largely student audience during what were called ‘The Coventry Conversations’, Mitchell said: “We are always willing to co-operate with the Portuguese police”. These were astounding claims to make given that… * Dr Kate McCann was asked 48 questions by the Portuguese police when interviewed on 7 September 2007 and refused to answer any of them. * The McCanns had refused point blank to take part in a reconstruction of the events of 3 May 2007, the night Madeleine McCann was reported missing. * The McCanns’ statements contained changes of story, contradictions with the accounts of others, evasions and obfuscations. 

15. Claiming it would be ‘hugely entertaining’ to devise a cast list for a proposed film about Madeleine going missing On 7 January 2008 it was widely reported in the media that the McCanns and their advisers were in talks with media and film moguls IMG, who made the film ‘Touching the Void’, about a possible film about Madeleine’s disappearance. Clarence Mitchell was asked whether Gerry and Kate would play themselves in any film or if their roles would be played by celebrity actors. He said: “It may be hugely entertaining and a bit of fun to speculate on a cast list, but we are a million miles away from that sort of thing”. On another occasion, he said of Madeleine: “If she is dead, she is dead”. These and other comments made some wonder how much ‘feel’ or concern for Madeleine’s welfare and fate Mitchell really had. 

16. Claiming it was a British cultural custom for parents to put children to bed early so they could enjoy the rest of the evening Interviewed by Irish TV station RTE, Clarence Mitchell tried to explain why the McCanns left three young children under four on their own, several nights in a row, whilst on holiday, and out for the evening wining and dining. He told his TV audience: “There is a cultural difference between Britain and Portugal. It is a British approach to get your children washed, bathed and in bed early in the evening, if you can, so you can have something of the evening to yourself. That’s the British way of doing things. It doesn't mean it's wrong. It doesn't mean it's right”. Many British parents objected strongly to Mitchell’s description of them.. 

17. Trying to deny that the McCanns had left the children alone every night In an interview with Jon Gaunt of TalkSport, Clarence Mitchell was trying to explain why the McCanns had left their children alone ‘that night’ (i.e. the night of 3 May when Madeleine was reported missing). He was quickly corrected by Gaunt who reminded him: ‘But they left them alone every night’. Mitchell had no answer. 

18. Blaming Romany gypsies for abducting Madeleine Clarence Mitchell on one occasion pointed the finger of suspicion at Romany gypsies for having abducted Madeleine. It appeared he had no basis whatsoever for smearing this group of people. He has never apologised for making it. 

19. Using an image of Mari Luz without her parents’ permission Months after Madeleine went missing, another child, Mari Luz, went missing, though in very different circumstances. Sadly she has since been found dead. The McCanns printed posters of Madeleine together with Mari Luz - without gaining the parents’ prior permission. Her parents were very upset, and complained. Clarence Mitchell reacted by stating: “It’s a shame that they are complaining about us in a press release. How can they be angry with is for wanting to help when all we’re trying to do is find their own daughter?” 

20. Being ‘encouraged’ that Madeleine ‘may have been abducted by paedophiles’ In early 2008, stories were put about by an unknown Portuguese lawyer, Marcos Alexandre Aragao Correia, that Madeleine McCann had been abducted by paedophiles, raped, murdered and her body dumped in a dammed lake. At the time, a new drawing of a possible abductor was released, and part of the Arade Dam was searched. A friend of the McCanns was quoted as saying: “We fear that a group of two or three paedophiles may have been fishing around the apartments, casing them with a view to taking children". Mitchell then commented: “Developments such as this give Mr and Mrs McCann renewed hope. That is exactly the sort of call we want. We think the image is of such a quality that anyone who knows him will be able to identify him. Kate and Gerry are quite buoyant at the moment - every time we do something like this and move things forward it gives them strength. We’re very encouraged by this - putting all this information out, these images out, is helping Gerry and Kate in one way; simply by doing it we have got some momentum and are pushing the agenda forward on our side of the equation”. Many asked why Mitchell and the McCanns could use such words as ‘buoyant’ and ‘encouraged’ in relation to Madeleine’s having been raped and murdered. The use of the word ‘agenda’ once again prompted the question: What was their ‘agenda’? 

21. Explaining why the McCanns deliberately left their three children alone again the night after Madeleine and Sean had been crying the night before On SKY News, Clarence Mitchell was interviewed, following a pre-recorded interview with the McCanns in which they admitted, for the first time, that two of their children had been crying on the night before Madeleine went missing. There was public outrage that the McCanns were told by their children that they had been crying the previous night whilst they were out wining and dining, only to then leave them alone again the very next night. The SKY News presenter asked: “Why did Kate and Gerry choose to leave the children the same way the very next night?” Clarence Mitchell’s reply is instructive. Here it is in full: 

“That is one interpretation. Let me put it in context. On the morning of May the 3rd, the day Madeleine later went missing, she came out, and said to Gerry and Kate at breakfast, very briefly as an aside, in no way was she unhappy or crying and then, in no way was she reprimanding her parents as some reports papers have wrongly, er, said. She simply said: “Why didn’t you come see - come and see me and Sean when we were crying, last night?”, and Kate and Gerry were puzzled by that, because in their checks - they had been checking her every 25/30 minutes, the same as they did the next night, when she went missing - they had found nothing to suggest that she was in any way distressed or upset, they found her asleep each time. There was nothing wrong. Rachel Oldfield, one of their friends, was in the apartment next door, in the room adjacent to Madeleine’s bedroom. 

“She too was there all evening and heard no crying through the walls. There was nothing to suggest this had happened. So it was a puzzle to Kate and Gerry when Madeleine mentioned it. They tried to question her about it, and she just walked off laughing, and, er, happy, she was [note the past tense] a child and she and, and so, so she dropped it. Now they of course had a serious discussion about what had possibly gone wrong and they decided to check her more thoroughly that next night, and that’s what they did. And in the context of what happened later - her disappearance - they felt that that conversation, puzzling as it was, was very important to bring to the police’s attention. They wonder why, if she cried, why she cried. Was something, or someone already in that room to make her cry and they fled when she cried? Who knows? They can’t prove that, but they told the police in confidence - legally protected documentation has been in those files for 11 months - and why does it appear on the very day they were at the European Parliament? Somebody in the police doesn’t want Kate and Gerry to widen the agenda [that word again!], for whatever reason. It’s wrong. It’s illegal, and the Portuguese government needs to stop this…from happening in the future” [NOTE: The ‘leak’ came from a Spanish journalist known to be very sympathetic to the McCanns]. 

During this long reply, we see the master media manipulator at work. He makes light of two children crying while their parents were not with them. He justifies the McCanns’ decision to go out wining and dining and leaving all three children alone again the very night after the children told them of their crying. He claims, without evidence, that the Police leaked the story about the McCanns’ children crying on their own the night before. He claims the police have done something illegal. Some might admire him as a master of his craft, and indeed one writer has already said that the McCanns’ public relations campaign will for years to come be a textbook example of how to control the media and manipulate public opinion. But, we may ask, if this is true, whose interests has Clarence Mitchell been serving? Is he someone who helps us get to the truth? Or someone who does his best to stop us getting to the truth?

Courtesy of the Jill Havern Forum

The Case of Madeleine McCann: Part Two

Statement Analysis by Peter Hyatt

Wednesday, December 7, 2016 



The disappearance of Madeleine McCann continues to draw strong interest in the UK and the United States. The case is in headlines today, with more investigations into child sex rings. 

In the original analysis, the conclusion was "deception indicated" and in content: 

Madeleine died in the apartment and the parents conspired to cover up the unintended death by hiding her body. This information came directly from the parents. 

This is the sole source of information: the words of the parents. But since this interview was years later, and since time for processing information impacts language, what about statements and interviews made immediately after reporting Madeleine kidnapped? 

This is the second in a series of articles of analysis of the statements made in the immediate aftermath of reporting her "taken" from their apartment in Portugal with the question: 

Will the earlier statements affirm or contradict the analysis conclusion? 

Here is the 2nd statement made by the McCanns shortly after they reported her missing. 

Will this statement affirm the original analysis? 

Will it affirm the analysis of the initial statement? Or, will they now tell us that Madeleine has been kidnapped, and give the public the tools it needs to recover her? 

Objection: police may have helped prepare the statements.

Answer: 

1. We analyze the statement itself; this is a basic principle in statement analysis. 

We also look for additional authors (it is not here), particularly with law enforcement "lingo" to enter into the statement. This would be seen in "height, weight", etc. 

2. If police had assisted, we would likely see a direct plea to the kidnapper for Maddie's return and care, and we would see a description for the public to help find her. 

May 5, 2007 

"We would like to make another short statement related to Madeleine's disappearance. 

 "First of all we would like to thank everyone here in Portugal, the UK and elsewhere for all your support during this extremingly... extremely difficult time for our family. 

"We are pleased that the family liaison officers from Leicestershire are now working closely with the Portuguese Police, and in keeping us informed. We have no further information regarding the investigation but appreciate the significant efforts everyone is making on our behalf. 

"We would again like to appeal for any information, however small, that may lead to the safe return of Madeleine. 

"Finally we would like to thank the media for respecting our privacy especially that of Madeleine's little brother and sister." 

"We would like to make another short statement related to Madeleine's disappearance. 

"First of all we would like to thank everyone here in Portugal, the UK and elsewhere for all your support during this extremingly... extremely difficult time for our family. 

"We are pleased that the family liaison officers from Leicestershire are now working closely with the Portuguese Police, and in keeping us informed. We have no further information regarding the investigation but appreciate the significant efforts everyone is making on our behalf. 

"We would again like to appeal for any information, however small, that may lead to the safe return of Madeleine. 

"Finally we would like to thank the media for respecting our privacy especially that of Madeleine's little brother and sister." 

The first statement released showed a priority that did not include kidnapping, or recovery of the victim. This showed agreement with the original analysis of the interview. Here is the 2nd statement made by the McCanns after reporting their child, Madeleine, kidnapped. 


We would like to make another short statement related to Madeleine's disappearance


 In the language of the statement, Madeleine has not been kidnapped; she has "disappeared." This distances the statement from the assertion of kidnapping. Please see analysis about the window in original. 

Next, we note that not only do they avoid a commitment to kidnapping, changing it to "disappearance", we find further distance to it by seeking to make a short statement that is only "related" to, not about, the "disappearance." 

From the statements, we should not say that the victim is kidnapped because the parents will not. 

We now see the introduction of a numeric, with "First", calling our attention to priority:



"First of all we would like to thank everyone here in Portugal, the UK and elsewhere for all your support during this extremingly... extremely difficult time for our family


1. The priority is in thanking everyone; not in the kidnapping. 

2. The order has "Portugal" first. Recall that Portugal police are first responders. 

3. This is called the "ingratiating factor" where guilty parties wish to "make peace" with law enforcement, the public, or anyone who might question them. 

With the numeric, this "public relations" message is the priority; not the victim. 

4. This continues with the suffering of the family, while avoiding what the victim may be experiencing. 




"We are pleased that the family liaison officers from Leicestershire are now working closely with the Portuguese Police, and in keeping us informed. 

Parents of a failed recovery rarely show "pleasure"; instead we have displeasure due to the failure of the police to locate the victim. 

The family liaison officers and police are not working together: the family liaison offers are now working "closely" (unnecessary) "with" police. The word "with" between people shows distance. 

The unnecessary emphasis of "closely" combined with the use of "with" between people show the psychological distance. No word of concern for what the victim is experiencing in the hands of kidnappers. 



We have no further information regarding the investigation but appreciate the significant efforts everyone is making on our behalf. 

Here we have a very strong signal of guilt, found in truth. They are pleased and they appreciate... 

the failure to locate Madeleine. 

We find this in the language of guilty parents of missing children--they are grateful for the failure to find the victim. See DeOrr Kunz for samples as he heaped praise upon those who failed to find his son. 


"We would again like to appeal for any information, however small, that may lead to the safe return of Madeleine. 

The distancing language continues. This is something they "would" again "like" to do, rather than do it. Here there should be two things: 

1. A direct conversation with the kidnapper... pleading for Madeleine's treatment and return; 
2. A direct description to the public at large to spot Madeleine 

Parents of missing and kidnapped children seek to gain as much media exposure humanly possible and become panic stricken when media attention dies down: 

"Finally we would like to thank the media for respecting our privacy especially that of Madeleine's little brother and sister." 

The McCanns have repeated their call for less media attention


Analysis Conclusion: 


The second statement made after Madeleine was reported missing affirms the original analysis. 

We cannot say that Madeleine McCann was kidnapped or "taken", as the parents will not say so. 

They express no concern for Madeleine, further affirming that the victim is beyond parental concern. 

The "ingratiating factor" is the priority of this second statement: they wish to be on "friendly terms" with those who would investigate and be suspicious of them. This is another signal of guilt. 

The parents were not truthful about what happened to Madeleine and continue to indicate knowledge of her death. 

If Madeleine was kidnapped, particularly by a sex trafficking ring, the parents' parental instincts would be evident. Instead, they direct us to Madeleine's death, that they said took place in the apartment in Portugal.

Statement Analysis by Peter Hyatt