Robert Murat to sue 4 of the Tapas friends of the McCanns.

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The Daily Express reports that Robert Murat, the first person to be named as an arguido, or official suspect, in the Madeleine McCann case, is to sue four of the 7 people the McCanns went on holiday with in May 2007.

"The estate agent has lodged a “criminal complaint” against Jane Tanner, 39, who claimed she saw a man carrying a child near the McCanns’ holiday apartment on the night Madeleine vanished.

A second complaint has been made against Ms Tanner’s partner, Dr Russell O’Brien, and Fiona Payne and Rachael Oldfield, also members of the so-called Tapas Seven.

It is understood that the complaints centre on allegations that the four gave evidence to Portuguese police which led to them making Mr Murat, 35, a suspect in the investigation.

The expat, who lived in Praia da Luz at the time, was found to have no involvement in Madeleine’s disappearance.

Details of the allegations, lodged at a court in Lagos in the Algarve, are unclear because under Portuguese law the parties involved cannot discuss them."

A very thorough analysis of the changing nature of Jane Tanner's evidence and of how the other three came to "finger," Robert Murat was posted by Paulo Reis on the blog Madeleine McCann Disappearance on 23/04/09

"AN INCREDIBLE STORY

One thing that is obvious from the CD of evidence released by the Portuguese authorities in July 2008, in what was an inexplicably selective disclosure, is the identification by Miss Jane Tanner of Mr Robert Murat as Madeleine McCann’s “abductor”. She picked him out in a surveillance exercise on Sunday 13th May 2007 and persisted in her allegation against him and did not withdraw it until her interviews with the Leicestershire Police in April 2008. You have to dig deep into the CD and other sources to pull everything together, but here is what happened and it is incredible." **

In her original statement to GNR police officer, Nelson da Costa (statements at folios 417, 1340 and 3285) in the early hours of May 4th 2007, Jane Tanner said she had seen "an individual," running, carrying a child, who was wearing pyjamas. When asked for a description of the individual, she replied that it was too dark to see him clearly. She was challenged about how she could then have noticed that the child was wearing pyjamas.

In her further statement, late morning of the same day, Ms Tanner, whose statement was translated by Sylvia Baptisa, an employee of the Ocean Club, was able to render a fairly detailed description of the individual she had seen.

"Brown male between 35 and 40, slim, around 1.70m. Very dark hair, thick, long at the neck. (Noticed when the person was seen from the back). He was wearing golden beige cloth trousers (linen type) with a "Duffy" type coat (but not very thick). He was wearing black shoes, of a conventional style and was walking quickly. He was carrying a sleeping child in his arms across his chest. By his manner, the man gave her the impression that he wasn't a tourist."

"Concerning the child, who seemed to be asleep, she only saw the legs. The child seemed to be bigger than a baby. It had no shoes on, was dressed in cotton light-coloured pyjamas (perhaps pink or white). It is uncertain, but the interviewee has the feeling that she saw a design on the pyjamas like flowers, but is not certain about it."

"Concerning these details, the interviewee states not having known what Madeleine was wearing when she disappeared. She has not spoken to anyone about this. Concerning the man, she has only mentioned it to Gerald, but without going into details and with the police."

The interviewee has been invited to draw a sketch which we attach to this document. Questioned, she stated probably being able to identify the person that she saw if she saw him in profile and at the place where she saw him." **

Image from blog, "Madeleine McCann Disappearance," by Paulo Reis.

The drawing on the left is the first sketch, based on Jane Tanner's description of the alleged abductor. Even as it stands, it bears no relation to Robert Murat and neither does her original description.

On May 6th, a Leicestershire police officer faxed the incident room in Portugal with news that Lori Campbell, the Sky News journalist, had been in touch, raising suspicions about Robert Murat. Paulo Reis points out that the speed of relaying this information was in stark contrast to that with which the statements from the Drs Gasper were passed on: the Gaspers made their statements about David Payne in May 2007, but these were not forwarded to the PJ until months later.

After speaking to "some people that Kate and Gerry had brought in," (believed to be Control Risks Group, retained by Bell Pottinger as part of a "crisis management," team by Mark Warner), Jane Tanner was approached by Bob Small, a Leicestershire police officer, who was assisting the PJ in the Algarve. At this point, unlike her husband, Ms Tanner had not met Robert Murat. The scenario was set up for Jane to view Robert Murat walking across the top of the road, where she claimed to have seen the man carrying a child. On the way there, she was actually introduced to Robert Murat!

"Miss Tanner dramatizes that she was “worried sick” that the “Spanish Police”* were about to cart her off to destinations unknown and got her husband to walk with her to the rendezvous with Mr Small. If, as she claims, she did not discuss the identification operation with her husband, what precisely did she say to him? What did he think was going on? Who looked after their kids and what did they tell them? It is beyond belief that Russell O’Brien and some of the other “Tapasniks” did not know what was afoot." **

(* Jane Tanner stated that Bob Small told her the Spanish police wanted to speak to her and that she was terrified that she was going to be abducted.)

"Why the police arranged Miss Tanner’s pick up so near to their main suspect’s home was at best foolish and was asking for trouble. On their way to the car park - and just outside his home - Robert Murat (who had met Russell O' Brien on the morning of Friday 4th May 2007) stopped, got out of his green VW van and chatted, showing the couple posters he had made to “Find Madeleine” and generally rattling on about nothing in particular. This was the first time Miss Tanner had been introduced to Mr Murat, but given the events that were about to follow it is amazing she did not cry out “That’s him… that’s the ‘person’ I saw: the abductor”. But she didn’t say a single word." **

Subsequently, as we know, Ms Tanner sat in a van with tinted window, while Robert Murat walked across the top of the road, accompanied by two police officers, and she clearly identified Murat as the man she had seen carrying the child, although physically he bore no resemblance to her detailed description.

And here come the Tapas 3 to join her!

"A report on Sky News caused Rachel Mampilly to scamper into the Tanner’s apartment saying she recognised Mr Murat from her sighting of him at the Ocean Club on the night of 3rd May 2007. Fiona Payne corroborated this and Russell O’Brien added that he had met Mr Murat, while the search for Madeleine had been taking place on the night and early morning of 3rd and 4th May 2007, and had entered the interpreter’s telephone number into his mobile’s memory at that time." **

Elsewhere, Daily Mail 01/01/08, we read what was reported to have been said by the Tapas 3 about not only seeing Robert Murat on the night of May 3rd, but of speaking with him.

"Three friends of the McCanns, Rachael Oldfield, Fiona Payne and Russell O'Brien, told police in July that they saw Mr Murat near the Ocean Club holiday complex while they were searching for Madeleine.

They are said to have given statements to Portuguese police saying he introduced himself to them and said: "I am Robert. Can I help in the search?"

Now, without this detail, it would be easy to accept a case of mistaken identity, but they spoke to Robert Murat, who identified himself and offered to help with the search? If Robert Murat was at his mother's house throughout the evening of May 3rd, then the above is outright lies.

"On 15th May 2007, Mr O’Brien, Fiona Payne and Rachael Mampilly made statements to the PJ putting Murat in the Ocean Club late on 3rd May 2007 (folios 1957). Their evidence appears to conflict with that from both Portuguese Police Officers and Mark Warner’s staff (Folio 1330 et seq) who say Mr Murat was not there that night. Activity on his own and his mum’s computers tend to confirm that he was at home, among other things, looking at mild porn sites (Folio 1166)" **

In summing up, we have Jane Tanner, who initially could not give a description of the "individual," she had seen, because it was too dark, who then gave a detailed description just hours later, who subsequently identified Robert Murat, though he was nothing like her original description, nor, I should add, any subsequent descriptions, which tallied with those of witnesses who had seen suspicious men hanging about in the vicinity of apartment 5A.

Then, we have the Tapas 3, who insisted that they had not only seen Robert Murat soon after Madeleine disappeared on the night of May 3rd, but that they had spoken to him, and obtained his telephone number, when those who knew Robert insisted that he had not been there.

It seems to me that we have more than a case of mistaken identity here and I hope that Robert Murat's legal action against the four of them, Jane Tanner, Russell O'Brien, Fiona Payne and Rachael Oldfield, helps to shed some light on what actually happened on the night of May 3rd. I am not optimistic, though, that the four of them will suddenly decide to come clean and explain why they appear to have lied in an effort to set up Robert Murat as the patsy in Maddie's disappearance.

Notes:

1) For the full, detailed analysis of Robert Murat and the Maddie case, read Paulo Reis here

2) All quotes marked ** are taken from the Paulo Reis blog as linked to above.

Enfants Kidnappés 6/09/08: Russell O'Brien's statement 04/05/07

Enfants Kidnappés 6/09/08

The interview begins at 9.45pm on May 4th 2007. Being a British citizen and not understanding Portuguese, in written or spoken form, the informant is accompanied during his statements by a sworn translator: Filipa M.

The informant completely corroborates the statements by his partner Jane Tanner and Rachael Mampilly. Interview taken by the signatory to the present deed, J.C., police inspector. Concerning the journey, the make-up of the group and the usual routines of the adults and children of the group, of which the informant is part, at the Ocean Cub, he states that:

Apart from his partner, he is on holiday with their children **** O'Brien, aged three years and **** O'Brien aged one year. He works as a doctor. He is a colleague of (Gerry) McCann, having worked together for six months. His partner became pregnant around the same time as Gerry's wife. The informant's daughter, ****, and Madeleine Beth McCann are more or less a month apart in ages. **** and Madeleine go to the same room at the Kids Cub, near the reception. The staff are Cat and another person named Emma.

Until yesterday, May 3rd 2007, he has no knowledge of anything suspicious or strange happening around the group of friends or their children. Everybody seemed normal to him from the cleaning staff, to the gardeners, to the rest of the employees of the complex. In Praia, he never noticed anything strange or people who could have been thought of as strange enough to attract his suspicions.

Yesterday, as his daughter **** was feeling ill, the informant dropped **** (his other daughter!) at the Kids Club at around 10am after breakfast. He completely corroborates his partner Jane Tanner's statements for the rest of the day.

Comment: Why on earth was a witness to such a serious incident allowed to get away with the above? He corroborates his partner's statements!!! Surely, he should have been obliged to give his own account in his own words!!

At around 7.15/7.30pm, the informant went back to his apartment. He read stories to his daughters, including **** who was feeling better. His partner, Jane, went to have dinner at the "TAPAS" restaurant at around 8.30pm and he went there at around 8.45pm. When he arrived at the restaurant, nearly all the adults were present, without children, with the exception of David, Fiona and Diane. They arrived more or less 5 minutes later.

At around 9pm, they had all ordered their meals. While they were eating, it was normal that every 15 minutes, one person from each apartment went to make sure the children were ok. Yesterday, as **** was not well, the interval between checks was reduced. He recalls that Matthew Oldfield left the restaurant at shortly after 9pm to check the children. He is no longer sure who went out first, but five minutes later, Gerry McCann and his own partner, Jane, went out, almost at the same time, to check the children. He thinks that Gerry must have gone out first because Jane saw him chatting with a person on holiday at the complex, a certain Jez. He thinks that Jane only checked their apartment, being worried about ****. Then Gerry came back at around 9.25/9.30 and they started to eat the main course.

At around 9.35/9.40, taking advantage of the lull between two courses, the informant left the restaurant with Matthew to check the children. When he got there, his daughter **** was crying. He stayed in her bedroom with her. He supposes that Matthew checked his apartment. Matthew returned to the restaurant five minutes after leaving it. His partner came to take his place in ****'s bedroom around 15 minutes later after finishing dinner.

At around 9.55, he went back to the restaurant where his food had been waiting for 5 or 10 minutes. All the other adults had finished.

At a round 10pm, Kate Healy went out to check her children in her apartment. When she came back, she came towards our table, shouting that Madeleine had disappeared. We all went out, running, and with the help of a few people we decided to search in the area around the apartment blocks. The search proved fruitless.

Comment: And what did you do then, Russell? You went to bed? You ran round shouting? You joined the local people frantically searching more widely?

After reading with the translator, who explains to him, he goes on and signs.

Comment: Times! They started to eat the main course at around 9.25/9.30 and at 9.35/9.40, taking advantage of a break between courses...? Russell must have eaten his main course really quickly!

Enfants Kidnappés 6/09/08

Addendum: I know that the names of the other Tapas children are fictitious in these articles, but I have got used to just using asterisks!!!

SOS Madeleine McCann 27/05/08: four of the McCanns' friends refuse to return to Praia da Luz for the reconstruction.

SOS Maddie 27/05/08

Maddie : Quatre amis des McCann ont refusé la reconstitution de la nuit du crime

La PJ va maintenant discuter avec le Ministère Public pour savoir si celui-ci avance avec l'accusation ou si la reconstitution reste indispensable.

Quatre des amis qui avaient accompagné Gerry et Kate McCann pendant leurs vacances au Portugal ont refusé de retourner à Praia da Luz pour y participer à la reconstitution des événements liés à la disparition de Madeleine, une diligence prévue pour jeudi et vendredi prochains et que la Police Judiciaire (PJ) considérait "extrêmement importante" pour consolider l’enquête.

Maddie: Four of the McCanns' friends have refused the reconstruction of the night of the crime. The PJ are now going to discuss with the Public Ministry to find out if they will proceed with the prosecution or if the reconstruction is still necessary. Four friends who had accompanied Gerry and Kate McCann during thier holiday in Portugal have refused to return to Praia da Luz to participate in the reconstruction of the events linked to Madeleine's disappearance, an action planned for next Thursday or Friday and which the PJ would consdier, "extremely important," to consolidate the enquiry.

L’information, confirmée aujourd’hui par une note du cabinet du Procureur Générale de la République (PGR), avance encore que, faute de leur présence, la diligence serait pure et simplement annulée.

L’annonce du refus de coopération des quatre britanniques, et la conséquente annulation de la reconstitution, n’a pas surpris les enquêteurs car ils avaient déjà reçu, il y a plus d’une semaine, l’information de leurs collègues au Royaume-Uni de qu’au moins deux des "Tapas sept", le couple Jane Tanner et Russell O’Brien, n’allaient pas revenir.

The information, confirmed today by a note from the office of the Attorney General of the Republic (PGR) further states that, without their presence, the action would purely and simply be cancelled. The announcement of the refusal to cooperate by the four British people, and the consequent cancellation of the reconstruction, has not surprised the investigators because they had already received, over a week ago, the information from their colleagues in the United Kingdom that at least two of the, "Tapas seven," the couple Jane Tanner and Russell O'Brien would not be going to return.

Vendredi passé, un haut responsable de la police britannique à Enderby, avait révélé que "Kate et Gerry McCann ont établie un accord avec leurs sept amis visant empêcher la réalisation de la reconstitution demande par les autorités portugaises," soulignant "qu’ils savent que cette reconstitution n’aura pas lieu si le groupe n’y est pas au complet."

Last Friday, a senior officer of the British police at Enderby, had revealed that, "Kate and Gerry have established an agreement with their seven friends to prevent the setting up of the reconstruction requested by the Portuguese authorities," stressing that, "they know that this reconstruction will not take place if the whole group is not there."

Selon le même officier, le couple McCann ne voulait pas "refuser directement et en public leur participation, sous peine de voir l’opinion publique au Royaume-Uni se retourner contre eux. "

"Si leur présence est exigé, ils iront, ils doivent y aller," avait dit Clarence Mitchell à propos de Kate et Gerry McCann soulignant que le couple avait toujours le statut d’arguidos, ce que n’était pas le cas des amis.

According to the same police officer, the McCann couple would not want to, "directly and publicly refuse their participation, at the risk of seeing public opinion in the United Kingdom turn against them."

"If their presence is necessary, they must go," Clarence Mitchell said about Kate and Gerry McCann, stressing that the couple still had arguido status, which was not the case with the friends.

Les sept amis - Jane Tanner et Russell O’Brien, Matthew et Rachael Oldfield, David et Fiona Payne, et la mère de celle-ci, Diane Webster – ont été interrogés comme témoins au Portugal et au Royaume-Uni affirmant vouloir aider l’enquête à la disparition de Madeleine, une position que la PJ avait déjà remise en cause par le passé et que le refus annoncé aujourd’hui semble confirmer.

The seven friends - Jane Tanner and Russell O'Brien, Matthew and Rachael Oldfield, David and Fiona Payne, and her mother Diane Webster - were questioned as witnesses in Portugal and in the United Kingdom, stating being willing to help the enquiry into Madeleine's disappearance, a position which the PJ had already questioned in the past and which their refusal announced today seems to confirm.

**********Transcript ends**********

On Friday May 2nd, Enfants Kidnappés reported that a reconstruction had already taken place last year in October, without the principal, "players," in the case.

http://www.kidnapping.be/maddie/maddie.html

"Une reconstitution a déjà été faite.

C'est dans un certain silence, voire une certaine indifférence qu'une première reconstitution a déjà été faite en octobre 2007. Une reconstitution, en langage criminel, signifie rassembler tous les éléments et intervenants d'une même affaire et les replacer dans les circonstances du crime ou du délit. Permettant d'avoir une vue complète sur les évènements. Ce qui n'est pas possible sur papier ou bien des éléments peuvent ne pas paraître aussi évident. Ainsi, une reconstitution permet de révéler bien des éléments. Or une première reconstitution a déjà été faite en octobre dernier avec tous les éléments et figurants présent à Praia de Luz le 03 mai entre 18h30 et 22h40. Seuls, les intervenants principaux n'étaient pas présents. C'était voulu! En effet, maintenant la PJ dispose d'une vue précise de ce qui s'est passé ou plutôt de "qui faisait quoi" et surtout "où et à quel moment" précis

A reconstruction has already been done.

It was in a certain silence, even a certain indifference that the first reconstruction was done in October 2007. A reconstruction, in criminal language, means bringing back together all the elements and players in the case and putting them back into the circumstances of the crime or offence, allowing a complete view of the events. This is not possible on paper, where many of the details would not be clear enough. Thus a reconstruction allows the details to be revealed more clearly. Now, a first reconstruction has already been done last October with all the elements and the people present in Praia da Luz on May 3rd between 18.30 and 22.40. Only the principal players were not present. It was valuable. In fact, now the PJ has a clear view of what happened or rather of, "who did what," and above all, "where and at what time," precisely."

"Praia da Luz one year in the past."

Perhaps the Public Prosecutor will be willing to allow the PJ to proceed with the case based on what was discovered during this previous reconstruction in October 2007. When the PJ state that the planned reconstruction with the principal, "players," Kate and Gerry and friends, would allow them to compare the points of view of witnesses and suspect, perhaps this is where the comparison would be made, between details gleaned from witnesses in the previous re-enactment, and that including the Tapas Nine.

So, what now? The McCanns are still official suspects in the enquiry and the PJ consider the reconstruction to be necessary. Four of those who were present on the evening of Madeleine's disappearance are unable to attend and participate in a reconstruction. You'd think the McCanns, who vowed to, "leave no stone unturned," in the search for their child, would be begging their friends to participate in anything which might have the remotest chance of helping to discover what had happened to that child. I don't think I'd be ready to accept, "Sorry, I can't make it," if this had been my child.

The McCanns were made arguidos and departed pretty sharpish on the next available plane, promising to returns when requested to do so by the PJ, the Tapas seven have stated that they would be willing to help in any way, yet none of them look as though they making any great shakes to get their asses over there to the Algarve. Public opinion turning against the McCanns? That seems to have happened quite some time ago and, in my opinion, the only way to restore some of that would be to book a flight to Portugal and to do their best to persuade their friends to accompany them. What could possibly be more important than participating in something which may help to resolve the disappearance of a very young child, however useless they might think it is?