Chapter 1
Precipitation?
Certainly Not.
FEBRUARY 2008,
NINE MONTHS AFTER MADDIE’S DISAPPEARANCE.
IT’S CARNIVAL SUNDAY. In the distance the shots of the hare hunters
can be heard, resounding above the low-growing vegetation of the
Barrocal.
On waking, I decide to stay at home. Recently, I’ve
had no wish to go out, to go walking or to meet people. I yearn
instead for peace and silence. That morning, the sun was shining,
promise of a lovely day: but in the afternoon, the rain began to
fall, ruining the fête and the parades.
From the window I
admire the Algarve countryside: the pink and snowy-white of the
almond trees contrasting with the blue of the sea that is glimpsed in
the distance. Suddenly, the ringing of the telephone – more and
more unusual of late – brings me out of my lethargy: I have to face
reality.
From the receiver, a friendly voice, swinging between
anger and sadness, asks me:
- How are you? Have you heard our
national director’s interview?
I reply no and wonder what
the clearly perceptible anxiety of my questioner is due to.
He
says we were precipitous. That placing the couple under investigation
was premature….I wonder what’s come over him. He totally
validated that decision. What is he intending to do? End the
investigation?
He is alluding to the investigations undertaken
after the disappearance of a little English girl of nearly four years
of age during the night of May 3rd to 4th 2007, at the Ocean Club,
one of the many tourist complexes in the village of Luz in Lagos,
Portugal. She was called Madeleine Beth McCann and she was sleeping
in a bedroom in the apartment block, beside her sister and her
brother – twins aged 2 years. During this time, their parents were
dining a hundred metres away with a group of friends and holiday
companions. This news story was the beginning of a criminal
investigation, unpublished in Portugal and, I think, in the rest of
the world. Even so, the case benefited from unprecedented
international media coverage. Numerous suggestions were put forward,
mixing truth and lies; at the same time as regular information
bulletins from the police, a campaign of disinformation was developed
with the objective of discrediting the work of the investigators. For
me, the investigations came to an end on October 2nd 2007, the date
on which there seems to have been a new English ultimatum,
incidentally on the same day that the Treaty of Lisbon was being
discussed.
Considering the length of time I witnessed that
media spectacle, including, at its height, “forcing,” by the
McCann family with the disclosure of a photo-fit sketch of the
alleged abductor, nothing more could have surprised me.
-Don’t
worry, it’s carnival…
I follow the conversation as if it
was nothing, but deep down, I have the feeling that the world is
caving in.
After hanging up, I go back to contemplating the
almond trees in flower, planted in the hard soil of the Algarve. I
wonder if a body is resting under that earth and if God, in the end,
is not a little precipitous in making these trees flower in the
winter….And then I tell myself no. A memory comes to mind of the
legend of this princess from a country in the north, married to a
Moorish king. She spent her winter days pining for the snow of her
country, which she missed. Then, the monarch had the idea of planting
almond trees throughout the surrounding region. Thus, when winter
arrived, from the castle window, the young woman could contemplate
the white mantle of the flowering trees that covered the countryside,
and her sadness was dispelled.
BRIEF DIGRESSION ON THE ALGARVE AND ITS INHABITANTS
From
time immemorial, the Algarve has been a region open to the world. Its
geostrategic position, its sky, its climate and the hospitality of
its inhabitants have always attracted people from other regions.
Phoenicians, Carthaginians and Greeks passed through here; the Romans
established themselves here and set up communication routes. Numerous
relics; at Estói, Vilamoura, Abicada, Vila da Luz, witness to their
presence. The influence of the Moors, who spread Al-Andalus (it is
thus that they named the region) to the west of Cordoba, to Al-Gharb,
remains very present in the Algarvian culture.
The history of
the relationship between the Algarve and England is as ancient as it
is turbulent. Between 1580 and 1640, when Portugal lost its
independence and was integrated into the Spanish Empire, Faro was
attacked by the troops of the Count of Essex. This latter seized,
amongst other assets, some precious property – not less than 3,000
volumes – from the library of the Bishop of the Algarve, Jerónimo
Osório. Amongst these books was a Pentateuch (the first five books
of the Bible) in Hebrew, printed in 1487 in Faro by Samuel Gacon, a
Jewish publisher. This historic work (the first book printed in
Portugal) is kept at the British Library in London. Later, the
Algarvians will help the English to defend Gibraltar, a strategic
place for the fleet of the British Royal Navy.
The Algarvians
have always shown great independence, not hesitating to oppose any
foreign domination attempt. In the 19th century, during the French
invasion, the first reverses suffered by the Napoleonic troops were
inflicted by the Algarvians. The population of Olhao rose up and
drove the invaders back near Quelfes; young people of the town set
out aboard a fragile barque to inform King John VI, then exiled in
Rio de Janeiro, Brazil, of the liberation of his homeland. Portugal
is a country of brave and warm-hearted people, rejecting arrogance
and insults, proud of their identity and independence, even from the
European Union. It is also a modern state that welcomes a great many
investors and tourists and moreover plays an important and recognised
diplomatic role. Throughout its history, Portugal has concluded
pacts, signed treaties and built bilateral alliances with many
countries: the Luso-British Alliance is a good example, proof of the
vitality of relations between the two countries, and above all of a
deep understanding.
Nowadays, the Algarve is focused on
tourism; since the 1960s, it is mostly the British who come to stay
here. It is on this welcoming soil that little Madeleine
disappeared.
AN INVESTIGATION DESTINED FOR THE
ARCHIVES
I feel it; with that television statement, the
national director has the intention of preparing public opinion for
the inevitable, that is to say, the end of the investigation and the
closing of the case.
I get the impression that that decision
was hatched on October 2nd and that all actions taken after that date
were only a matter of form, with the sole purpose of sticking to the
pre-established schedule. I fear that challenging all the previous
work of the investigation is only a pretext for closing a case that
was beginning to undermine the judiciary police , the investigators
and Portugal. Perhaps that was why it had to come to a close.
Placing Madeleine's parents under investigation - Kate Healy and
Gerald McCann as arguidos - must have marked a turning point in
relations between the police in charge of the investigation and the
couple. The Portuguese police officers began to consider the McCanns
as potential suspects, which their British counterparts did not. At
that time, the two police forces seemed to agree about exploring the
hypothesis of the child's death inside the apartment. But the English
police - without any really practical justification - suddenly
stepped back and gave up on following that track. We have always
found it strange the way the couple were treated, even after they
were placed under investigation, and we have often wondered how the
McCanns could have had access to information that had not been made
public.
I recall various moments in the investigation, and the
memories come pouring out; I think of that little girl who was not
yet four years old and who was denied the right to live.
It
would seem that there are preparations to smother the case, that the
importance of the evidence is being minimised, that it's losing its
strength. Thus, the rights of that child are flouted, the rights of
many other children. Who wants to get to that point? Who required my
departure from the operational coordination of the investigation? Who
is it who wishes to bring an end to the arguido status of the McCanns
and Murat? Those who support the theory of abduction? Those who
suggest - I'd go further and say they would - that in England the
suspects would already have been arrested? Or those who perpetuate
the lie, in straying from the search for the material truth? The
closing of the case certainly serves someone's interests.
After my departure from Portimao on October 2nd 2007, I had decided
to forget about this case. Perhaps the best thing to do, considering
the forces at play. If the authorities of her own country were not
worried any more about what had happened to that child and they
satisfied themselves with the theory of abduction, why worry myself
about it? It's certainly not the unfortunate statement from a
director of police (as perhaps inferred by the journalist) that will
make the existing evidence be forgotten - I no longer think that was
his intention. The only means of erasing the record of everything
that was done would be the destruction of the official records. And
then, our memory remains, that of all those who set out on this
investigation to discover the truth.
I receive another phone
call: it's my wife Sofia. She is worried about me, and has been since
May 3rd of last year, for nine months now. Previously, our marriage
already knew highs and lows; after that date, it was worse. I had
become an absent father and husband. At the beginning I distanced
myself from my family to protect them from the media pressure, but
also because of the pace of work imposed by the investigation; now I
live alone and I am seized by a certain bitterness; I can't help
feeling betrayed by the institution to which I dedicated myself for
more than a quarter of a century. Nothing that happened to me seems
justified to me, nothing makes sense. My family did not deserve
that.
Sofia is shocked by the national director's statements.
- Come and have dinner with me in Portimao. The children are with
their grandparents. We can talk a little about all of that.
I
decide to go. I need to hear some reassuring words.
From then
on I carefully follow all the details. I become aware of the
importance of statements from the national director, who had always
maintained that all leads in the investigation must be explored and
remain open. That they be left open is possible, but they were
explored.
Could the fact have been forgotten that we decided to constitute as
arguido a couple suspected of the crime of concealing a body and
simulating an abduction?
A short time later, in the course of
a television interview, I hear my former professor of political
science and constitutional rights, Marcelo Rebelo de Sousa,
explaining the national director's statement. I remember very well
his course on the separation of power. He maintains that the
director's words have killed the investigation. The death of the
investigation, once again! But this is about the death of a child!
Yes, I affirm it, a child is dead! This certainty is not fed by vague
assumptions, no, I base myself on facts, details, clues and evidence
recorded in the official records. Many questions have been raised.
But where are the answers?
In trying to find them, I think to
myself that it would be judicious to go back to the beginning of the
investigation - while it's still clear in the memory - from the
moment the little girl disappeared. So much has been said....It is
time for the story to be told by the one who was responsible for its
operational coordination and who lived it intensely in the company of
men and women who constitute the élite of the judiciary police.
THE
PRUDENCE OF A DECISION
In Portinmão, I meet chief
inspector Tavares de Almeida, a member of the team I directed. We
have known each other since we started in the judiciary police. He is
worried because of the national director's statements; he heard that
our work was going to be the object of an investigation. A request in
that direction has allegedly already been placed before the national
directorate of the judiciary police. According to him, that would
allow the truth to be re-established and would lead to recognition of
the quality of our work.
During the five months that the
investigations lasted, we had heard all sorts of comments, but we had
got on with our job. We remind ourselves of everything that was
accomplished, with a great deal of effort, rigour and honesty, and we
are certain that nobody could have done better. That might seem
presumptuous, but it's just fair recognition of the conscientious
attitude of all the police professionals who worked on the case.
- They can't count! How can they accuse us of being precipitous when
the couple were only declared suspects four months after the events!
Don't they know the principle of non-self-incrimination?
It is
legally impossible to continue to take statements from someone as a
witness if these statements risk later turning against him. While a
witness is making a statement about an ongoing case and at a given
moment it is realised that he could himself be involved in an illegal
act, he is constituted arguido. Thus, from then on, he has rights and
duties. Contrary to what one reads in the press - above all the
English -, the arguido is protected and acquires the right to silence
which no one can reproach him for - which would not be the case if he
were being heard as a witness.
- I agree with you. If a
mistake was made, it was in taking so long to make the couple
arguidos. Too much politics, that's what there was, too much politics
and not enough policing.
- I'd say rather that the mistake was
in treating the McCanns "with tweezers." From the start of
the investigation, we realised that certain things did not add up and
yet, they continued to benefit from favourable treatment; that's
what's not normal!
- Does the national director perhaps think
that the couple only left Portugal because they had been placed under
investigation?
- In fact, the McCanns stayed in Portugal as
long as we stuck to the theory of abduction; from the moment that was
placed in doubt, they talked about returning to England.
-
From which can be concluded that their being placed under
investigation gave them an excuse to leave the country...
- You
know, certain English journalists consider Portugal to be a third
world country. Of course, I don't agree with that definition. And
yet, if it's not a third world country, why is the head of an ongoing
investigation dismissed when the quality of his work is not in
doubt....
- There is a lot of talk about the "politicising,"
of the law....they forget the extent to which a police investigation
can be influenced.
- It's a matter of either or: either the
investigation is entrusted to trustworthy people, or, if things go
wrong those responsible are replaced with more "reliable,"
people.
- I don't believe that was the main reason.
-
There are always reasonable and perfectly legal arguments. In fact,
those who should stand in the way of this almost political management
of the investigation are the most senior police managers. They should
object to any situation or action that risks bringing prejudice to
the investigation and to its correct operation. They can't agree to
everything under the pretext of being afraid of losing their jobs.
- No, you are aware that you don't direct the police according to
personal interests but properly according to public interests. It is
only thus that we can conceive of a police force in a democratic
state.
- OK, but look where we are! You will see, soon the
arguidos will be choosing who leads the investigation. Maybe that's
the modern way..
The modern way....Rather self-interests, you mean! Deplorable!
- Speaking of deplorable, have you seen any of the Benfica game recently?
- It's not football any more, it's I don't know what. Incidentally, you've met Gaivota?
Gaivota is the surname of a former Benfica player who was living in Portimão at the time of the investigation. A real companion who shared the good and the bad times with us. I remember his kindness, and the patience with which he showed his support for me.
- If he was still at Benfica, maybe their defence would be up to something.
BEHIND THE SCENES OF THE INVESTIGATION: THE CRISIS UNIT
Sofia is listening to our conversation. She knows the importance of
the work carried out by Tavares de Almeida. It was he who kept the
crisis unit operational throughout the investigation, until the
departure of the last English police officer, when the McCann family
returned to England. As if, from then on, it was no longer necessary
to continue the investigations where the disappearance took place.
It was he who, nearly every day, opened the local
office at 6 o'clock in the morning, not to leave it until after
midnight. All the information passed through there: there we
centralised all the data we received, emails, telephone calls,
communications from the police officers working on the case. That
room was the real nerve centre of the investigation. The bits of
information were analysed there in order to distinguish those that
were of real interest from the many others - reports or witness
statements - raising pure speculation. A great deal of sorting out
had to be done, notably concerning the eye-witnesses, who multiplied
as the media coverage took on enormous proportions.
The
English investigators occupied the adjoining room: between the two
areas, information circulated in an uninterrupted flow. The British
investigators participated in our meetings, taking notes in their
record book, Major Incident Enquiry Officer's Rough Book.
Another room was dedicated to dealing with information of a more
practical nature, like, for example, the register of all paedophiles
present in the region, in order to look for actual links to the case
or the creation of patterns of connections; difficult and meticulous
work of great value, which was later sent to the crisis unit.
Amongst other duties, Tavares prepared the documents - many of which
had to be translated - so as to allocate the jobs between the various
teams who, on the ground, executed the operational orders for the
proper management of this lengthy work of verification. The revolt
they now feel is legitimate. They suffer a deep sense of injustice:
not only did the juduciary police not know how to protect them, but
it called into question their reliability.
In the days
following the national director's statement, rumour had it that he
himself was going to be dismissed. Once again the judiciary police
were in crisis; once again this crisis was going to be resolved by a
series of resignations in the highest spheres of the hierarchy. Yet,
stability is one of the essential conditions for the success of its
mission, totally dedicated to the service of the community.
How come a criminal investigation - in this case, the research
undertaken following the disappearance of a little English girl -
could have caused so much upset to Portuguese justice and the
judiciary police, and compromised the cooperation that existed for
such a long time between the police of the two countries?
What
are the powers that made the investigation so difficult to the point
of stopping it abruptly? In recounting its operation, perhaps a
response can be outlined and new light thrown on the events.
I
invite researchers in communication sciences to look into this case
in order to understand how a dramatic event could be transformed into
one of the most media-covered happenings of our time.
The Algarve
Completely turned towards the sea and the south – Muslim Africa - , and pointing its imperious Cape St-Vincent towards America, screened by a wall of mountains, which does not lend grandeur but intimacy, the Algarve is like a small antechamber, a window for the world’s pilgrims. Small, let’s repeat, not only because of the area of land, by the rarity of grandiose monuments, but also for its blanket of vegetation, since cork oaks, carob trees, orange trees and almond trees, being dwarf, hardly lift themselves far from the earth and the fig trees, which bend their branches to the soil, creep along then rise up again, like the handles of an unlit chandelier.
Jaime Cortesão
Portugal A Terra e o Homem