Some Key Questions

Below are some key questions taken from The Times 21st September 2007
It is interesting to note that virtually nothing has changed since then and "we are still awaiting the arrival of the PJ!" When Will the PJ arrive? Who knows, it has taken them 10 months to get this far (nowhere)

Why are the “Tapas 9” key to solving the Madeleine mystery?

Kate and Gerry McCann were dining with seven British friends at a tapas restaurant in the Ocean Club resort when Madeleine was reported missing. The friends are crucial witnesses but have said very little publicly. Police sources have claimed there are inconsistencies in their statements to officers. The friends are Matthew and Rachael Oldfield, Russell O’Brien and his partner Jane Tanner and David and Fiona Payne and her mother Dianne Webster.

Did any of them see anyone taking Madeleine?

Jane Tanner told police that she saw a man walking away from the McCanns’ apartment at 9.15pm. Sources close to the couple have previously said that the man had a child wrapped in the blanket and was walking in a southerly direction. However, the London Evening Standard reported yesterday that Ms Tanner had seen man carrying a girl dressed in Madeleine’s distinctive pink-and-white pyjamas walking eastwards, towards the house of the official suspect Robert Murat, 33.

Do police believe this was a man abducting Madeleine?

Detectives refused to publicise the sighting for three weeks. Another witness, Jeremy Wilkins, is reported to have told police that he was in the area talking to Mr McCann and did not see the mystery man.

Did anyone else in the Tapas 9 notice anything strange?

Matthew Oldfield said he had checked on the McCanns’ apartment at 9.30pm. A source close to the McCanns had said he did not look into the bedroom where Madeleine was sleeping with the two-year-old twins Sean and Amelie. But the Evening Standard report claimed he saw the twins but did not have a view of Madeleine’s bed.

Was there anything strange about the room after Madeleine disappeared?

Mrs McCann was sure Madeleine had been abducted because the bedroom window was open and the security shutter was forced open, a source close to the family has insisted. Tests on the shutter showed no sign of forced entry. However, another friend claimed yesterday that the shutter had been left open.

When will the Portuguese courts decide what to do in the Madeleine case?

Pedro Daniel dos Anjos Frias, a criminal instructional judge in Portimão, has decided that there is no need for the McCanns to be reinterviewed at this point, hence the prosecutor’s statement last night. The threat of them having to return to the Algarve in the near future has been lifted. The judge must complete his rulings by today on a variety of issues. It is believed that he has already authorised the use of Mrs McCann’s diaries as evidence.

Could the couple still be charged soon?

Unlikely. LuÍs Armando Bilro Verão, the lead public prosecutor, must now decide if there is sufficient evidence to bring charges against them, if he needs to request the PolÍcia Judiciária to carry out further investigations or if the case against them should be dropped.

Why is it all taking so long?

Portuguese detectives are still waiting for the results of tests on samples being carried out by the Forensic Science Service laboratory in Birmingham. They are also believed to want to carry out further searches in the Algarve and possibly at the McCanns’ home.

So how long will the McCanns have to wait?

The couple can remain as arguidos, or official suspects, for eight months before the Portuguese police have to apply for a four-month extension. After this time they automatically cease to be suspects, but there is no requirement for the prosecutor to clear them formally.
Robert Murat, a British self-employed property consultant on the Algarve and the only other official suspect in Madeleine’s disappearance, has been an arguido for four months.

Why has there been so much confusion?

Portugal’s strict laws of judicial secrecy mean that nobody involved in a criminal investigation is allowed to reveal any of the evidence in the case. However, Portuguese police sources are regularly quoted giving incriminating details about the McCanns’ role in their daughter’s disappearance. Friends of the couple have increasingly been attempting to challenge these reports with their own interpretation of events. Both sides are actually breaking the law and could face up to two years in jail.

Why are the McCann’s early television interviews being scrutinised?

Commentators have seized on the lack of emotion shown by Kate and Gerry McCann during a series of televised statements and interviews in the weeks after Madeleine’s disappearance. It is claimed that this was an unnatural response and indicated that the couple were hiding something. In fact, criminal profilers had advised them to display no overt emotion in case Madeleine’s abductor “got off" on the sight of her parents in obvious distress. Off camera, they were deeply distressed and received help from counsellors.

How can the police establish Mrs McCann’s state of mind?

Prosecutors are reported to want access to Mrs McCann’s medical records to see if there is any history of illness such as depression which could explain why she would kill Madeleine. They are also said to want British police to carry out investigations into the couple’s relationship and personal history.

Could Mrs McCann’s handwriting be used as evidence?

A judge has authorised police to seize Mrs McCann’s diary and detectives want a graphologist to study the handwriting, it was reported yesterday. Alberto Vaz da Silva, a criminal psychologist and a handwriting expert, told the newspaper 24 Horas: “It would be possible to discover the temper and the character of the person in question. You can see if someone is lying or hiding something.” However, handwriting evidence is usually used only for forensic science purposes, not to determine a person’s emotional state.

Why were the McCanns allowed to leave Portugal if they are suspects?

The Portuguese authorities allowed the McCanns to return to the UK after they agreed to reside only at their home in Rothley and to return for further questioning if necessary.
Portuguese law states that after someone is declared a suspect, police have eight months to conclude the investigation into that individual. If they require further time officers can apply to the courts for a four-month extension.
If the McCanns refused to comply with a request to return to the Algarve for interview, Portuguese police could issue a European Arrest Warrant under which extradition can be carried out within six weeks.

Why has it taken so long to find the evidence that could implicate Kate and Gerry McCann?

The material was only collected at the end of July and early August in a review of the investigation carried out by Portuguese detectives with the help of British police and two sniffer dogs. Many of the samples are very small, containing just a few cells, while others are of poor quality because of damage by cleaning or simply the passing of time.
A full report of the findings will not be ready for weeks, but many results have already been passed to the Portuguese authorities.

What evidence were police looking for?

Detectives are searching for any evidence that proves Madeleine is dead or contradicts the accounts of Mr and Mrs McCann and other witnesses.

What is the most important forensic evidence?

It appears the Forensic Science Service believes it has discovered compelling new evidence, possibly from more than one source. Portuguese detectives told Mrs McCann repeatedly that they found traces of Madeleine’s blood in a Renault Scenic hired three weeks after she disappeared, suggesting that the missing girl’s parents used the vehicle to carry her body. It is possible to tell if the blood came from a living person or from a corpse, and even the time of death. However, some reports suggest that the quality of the blood sample was too poor to confirm the origin while others have denied any blood was found in the vehicle and claim it was other “bodily fluids”. Unless a body had been placed in a freezer, it would have badly decomposed during the warm weather; leaving a mass of traces invisible to the human eye.

Does any trace of Madeleine in the hire car prove she was killed?

No. Mr and Mrs McCann hired the car to buy new clothes in the town of Portimão a day before they flew to Rome to see Pope Benedict XVI. They then used it regularly for family outings and to collect friends and relatives from Faro airport. They continued using the car until shortly before flying home yesterday. Kate and Gerry and their two-year-old twins would have often carried in the car items used by Madeleine. These items could easily certainly carry Madeleine’s hair and minute traces of skin, dried blood, saliva and vomit. The same could be said of the holiday apartments used by the McCanns and their friends in the Ocean Club resort. However, if the blood came from Madeleine’s corpse the only other highly unlikely explanation would be that a previous hirer had moved the body.
One report suggested yesterday that Madeleine’s DNA had been found on the floor of the McCanns holiday apartment, but because of degredation it was based on an incomplete picture, with only 15 of the 20 genetic markers usually used for such analysis.

What is the DNA evidence that has supposedly been found by the Portuguese investigators?

Newspapers in Portugal have been reporting that “biological fluids” with an 80 per cent match to Madeleine’s DNA have been found underneath upholstery in the boot of the McCanns’ rented Renault Scenic. Some media reports claimed that another DNA sample with a 100 per cent match to that of Madeleine’s profile had been found in the car.

What would this tell us?

Perhaps nothing. If it was sourced from something such as a hair follicle or skin cells then that could have been one of Madeleine’s hairs that had stuck to the clothes of a family member or her “cuddle cat” toy that her mother carries. If it was from Madeleine’s blood or corpse, that could be more significant. The most important issue is the size of the sample found. If there was a substantial amount of material it is unlikely to be from accidental contamination and would indicate that Madeleine had been in the car.
Can investigators establish if the DNA sample comes from someone who was alive or dead?
Unlikely, according to British experts. A DNA profile does not change just because someone dies. You can tell if DNA has degraded but that can happen if, for example, it had been exposed to sunshine.

Does an 80 per cent match with biological fluids indicate that Madeleine was definitely in the car?

No. The sample will have been tested against a definite sample of Madeleine’s. A 80 per cent match indicates that profilers could find only 16 of the 20 markers usually used for such analysis and suggests that the biological traces are tiny and degraded. Additionally, the twins Sean and Amelie could share a high percentage of DNA characteristics as most siblings do.
What complicates the matter further is that all three of the McCanns’ children were born through IVF and it is unknown whether the couple’s sperm and eggs were used for conception.
What about the discoveries of the “cadaver” sniffer dog?

Mr and Mrs McCann were shown a police video of a sniffer dog used to find corpses “going crazy” when it approached the hire car. Reports also claim that is discovered the scent on the vehicle’s key fob. Mrs McCann is reported to have explained that in her work as locum GP she came into contact with six corpses in the weeks leading up to Algarve holiday.
This seems a high number for a locum GP working just a couple of days a week but would be easy to check against surgery records.
The crucial difficulty with the sniffer dog “evidence” is that it cannot distinguish between corpses. This type of dog is trained to find bodies, not identify where dead bodies have been. Crucially, they can become excited by other scents.

Read the full length Article here

http://www.timesonline.co.uk/tol/news/world/europe/article2422967.ece