Date of Diligence: 2007.05.06
Location: DIC Portimao
Name: MARTIN SMITH
The witness states:
' That he comes to the process as a witness.
' Being of Irish nationality, he does not understand Portuguese in its written or oral form and is accompanied by an interpreter.
' That he has an apartment in Luz, Lagos, located in the Estela da Luz Urbanizaco, A1C. This apartment is co-owned by a friend whose name is Li** ON****. He normally visits Portugal three times a year. When here, he stays in the apartment. Concerning this period, he states that he arrived in Portugal on the 30th of April, 2007, with a booked return date of May 9, 2007. He arrived at Faro airport and flew out from Dublin.
' Concerning the facts under investigation, on the 3rd of May, he went with his family to the Dolphin restaurant in Praia da Luz where they dined. Around 21H00 they left the restaurant and headed toward 'Kelly's Bar'; about a 50 metre distance from the restaurant, following the path, as it is very short. The walk took him a few minutes. In 'Kelly's Bar' they consumed some drinks. They left that establishment around 21H55 as his son was due to return home very early the next day. This bar is located on Calheta Street.
' After leaving the bar, he travelled in the opposite direction and reached a set of stairs which gave access to Rua 25 de Abril (25th of April Street). On this artery they followed a second street, parallel to Rua 1 de Maio (1st of May Street) whose name he does not remember. He was heading toward his apartment (Estrela da Luz complex) which is located a little above the street that crosses the primary school. As he reached this artery, he crossed an individual holding a child. He notes that it is normal to see people carrying children, especially during the holiday season. This individual was walking the downward path, in the opposite direction. He is not aware where this person was headed. He only saw him as they passed each other. He assumed it was a father and daughter and thought nothing more of it.
' Urged, states that when he passed this individual, it must have been around 22H00. He did not know at the time that a child had disappeared. He only became aware of the disappearance of the child the next morning, from his daughter in Ireland. She had sent him a message or called him regarding what had happened. At this point he thought that MADELEINE could have been the child he saw with the individual.
' Regarding the individual he states that: he was Caucasian, around 175 to 180m in height. He appeared to be about 35/40 years old. He had a normal complexion, a bit on the thin side. His hair was short, in a basic male cut, brown in colour. He cannot state if it was dark or lighter in tone. He did not use glasses and had no beard or moustache. He did not notice any other relevant details partly due to the fact that the lighting was not very good.
' He was wearing cream or beige-coloured cloth trousers in a classic cut. He did not see his shoes and cannot describe the colour or form of the same.
' He states that the child was female, about four years of age as she was similar to his granddaughter of the same age. It was a child of normal complexion, about a metre in height. The child has blonde medium-hued hair, without being very light. Her skin was very white, typical of a Brit. He did not look at her eyes. As she was asleep and her eyelids were closed.
' She was wearing light-coloured pyjamas. He cannot state with certainty the colour. She was not covered by any other cover or sheet. He cannot confirm whether she was barefoot but in his group, they spoke about the child having no cover on her feet.
' Urged, he states that the individual did not appear to be a tourist. He cannot explain this further. It was simply his perception given the individual's clothing. He states that the individual carried the child in his arms, with her head laying on the individual's shoulders to the right of the deponent. He adds that he did not hold the child in a comfortable position.
' Having already seen various photographs of MADELEINE alongside her images on television, states that she may have been the child he saw. He cannot state this as fact but is convinced that it could have been MADELEINE. Indeed, this is the opinion of his family.
' Questioned, says that the individual did not speak nor did the child as she was in a deep sleep.
' States that it is not possible to recognise the individual in person or by photograph.
' Adds that in May and August of 2006, he saw ROBERT MURAT in Praia da Luz bars. On one of these occasions, he was inebriated and spoke to everyone. He did not use glasses at this time. He also states that the individual who carried the child was not ROBERT. He would have recognised him immediately.
' At being asked, states that he was accompanied by his wife, MARY SMITH and his son, PETER SMITH, his daughter-in-law, SIRE, and his grandchildren of 13 and 6 years of age (children of PE***) TA*** and CO**, his daughter AOIFE (12 years of age) and his other two grandchildren (AI****** (10 years old) and EI**** (four years old). These are children of his daughter B***** who was in Ireland.
' States also that when he passed this individual mid-street, traffic is minimal or non-existent.
' He adds that the group passed him some metres away so that they could make out the individual from various distinct positions.
' He has added a sketch indicating the direction of the locale and the sighting.
' He has no other elements to offer the investigation.
' And nothing more was said. He reads and finds it in conformity, ratifies and signs together with the interpreter.
1611 to 1614 Witness testimony of Aoife Smith taken 2007/05/26
6-Processos, Volume VI, pgs. 1611 to 1614
06_VOLUME_VIa_Page_1611
06_VOLUME_VIa_Page_1612
06_VOLUME_VIa_Page_1613
06_VOLUME_VIa_Page_1614
Date of Diligence: 2007.05.26
Location: This Department
Name: Aoife Smith
The witness states:
' That she comes to the process as a witness.
' Being of Irish nationality, she does not understand Portuguese in its written or oral form and is accompanied by an interpreter.
' States that she arrived on her Portugal holiday on the 30th of April, 2007. She came with her parents Martin and Mary Smith and her two nieces.
' They stayed in the Estrela Da Luz complex in Praia da Luz where her parents have an apartment.
' Her brother Peter was already in the apartment when they arrived as was her sister-in-law, her nephew (six years old), CO** and the son of her sister-in-law, TA*** (13 years old).
' They came with the intention of holidaying for about 10 days. The return passage was booked for May 9, 2007. She is not exactly sure of the date.
' Her holidays were spent in the complex pool, in Praia da Luz and in the central commercial district. Normally, however, they spent a lot of time in Luz villa.
' When dining in the apartment, it was normal for them not to venture out. When they did go to the restaurant, they would stop by Kelly's Bar, situated on Calheta Street.
' Regarding the 3rd of May, 2007, she went, together with the family, to eat at the Dolphin restaurant, which is close to Kelly's Bar. When they left the restaurant around 21H30, they headed toward Kelly's Bar. They stayed there for about 30 minutes.
' Around 22H00, they left Kelly's Bar. The group headed, on foot, for their apartment.
' Questioned, she responds that she knows the time because her brother and father decided to leave early that night. There were two reasons for this: her sister-in-law was not feeling very well and the other reason had to do with her brother, sister-in-law, nephew and son of her sister-in-law, who were catching a flight to Ireland the very next day.
' Upon leaving the bar, they turned right and headed along the road for 40/50 metres. At this point, they again turned to the right and ascended a small street that gives way to stairs. These stairs give access to Rua 25 de Abril. As it was a large group (four adults and five children) they travelled apart from each other along the street with one closer to the front and the others behind. She does not remember how they were separated.
' The deponent remembers that upon reaching the top of the stairs, she looked to her left and saw a man (1) with a child (2) in his arms, walking along the path Rua 25 de Abril. He was walking in their direction at a distance of, give or take, two metres.
' The deponent crossed to the other side of Rua 25 de Abril and began walking on the street that leads to the primary school, in the direction of their apartment complex.
' She did not see if the referenced individual with the child descended the street via the stairs or if he continued via the 25 of Abril street.
' It was the first time she saw that man. She does not remember seeing him at any time in that location.
' She has seen photographs of Madeleine McCann and thinks that it could have been her. She is about 60% certain.
' The below referenced description about the individual was taken around 22H00, when the lighting was weak.
' Questioned, states that she would probably not be able to recognise the individual or the child:
Description:
' (1) the individual was male, Caucasian, light-skinned, between 20/30 years of age, of normal complexion, normal physique, around 180/175 metres in height. At the time she saw him, she did see his face but now cannot remember any detail. She believes that he had a clean-shaven face. She does not remember any tattoos, scars or earrings. She did not look at his ears. His hair was thick-ish, light brown in colour, cut in a short style, short from behind (normal) and a bit longer on the top.
' His trousers were beige in colour, made of cotton, possibly with buttons, and without any other decoration.
' She did not see what he was wearing above his trousers as the child covered him completely from the top.
' She did not notice what shoes he was wearing.
' The individual's gait was normal. He did not look tired and walked normally while carrying the child.
' (2) the child was female . She had straight long hair to the neck. The colour was light/light brown.
' She is certain that the child was about four years old because her niece (who was in the group) is of the same age and same height.
' She did not see the child's face because she was lying against the individual's left shoulder in a vertical position against the individual. She appeared to be sleeping. Her arms were suspended along her body and were not around the individual's neck. She did not look at the child's hands and cannot state the colour of her skin. She believes she was white.
' There was nothing covering the child, a comforter/blanket or any other piece of clothing but she only saw her back.
' She was wearing light trousers, white or rose-coloured that may have been pyjamas. She does not remember if they were patterned as it was dark. The material was light and could have been cotton.
' She also had a light top, with long sleeves. She did not see well because the individual had his arms around the child. She is not sure if the child's top was the same colour as her trousers but the trousers were light.
' Questioned regarding her shoes, she responds that she did not remember seeing any but cannot remember if the child had any or not.
' Urged, affirms that she has finished declaring the truth, according to her knowledge.
' And nothing more was said. Reads and finds it inconformity, ratifies and signs together with her interpreter.
1615 to 1624 Witness Testimony of Peter Daniel Smith taken 2007/05/26 with map of sighting
6-Processos, Volume VI, pgs. 1615 to1624
06_VOLUME_VIa_Page_1615
06_VOLUME_VIa_Page_1616
06_VOLUME_VIa_Page_1617
06_VOLUME_VIa_Page_1618
06_VOLUME_VIa_Page_1619
06_VOLUME_VIa_Page_1620
06_VOLUME_VIa_Page_1621
06_VOLUME_VIa_Page_1622
06_VOLUME_VIa_Page_1623
06_VOLUME_VIa_Page_1624
Date of Diligence: 2007.05.26
Location: DIC Portimao
Name: PETER DANIEL SMITH
The witness states:
' That he comes to the process as a witness.
' Being of Irish nationality, he does not understand Portuguese in its written or oral form and is accompanied by an interpreter.
' States that his father owns an apartment in the Luz Villa, Lagos, in Estrela da Luz, corresponding to A1C. His father comes to Portugal at least three times per year. This was the deponent's first time to Portugal.
' In that which concerns the period in question, states that he arrived in Portugal on the 26th of April of 2007 and had his return passage booked for the 4th of May of the same year. He arrived at Faro airport via Dublin. This he arrived a few days before his father. He was accompanied by his wife, S***, and his two children TA*** and CO**.
' He would like to clarify that on the 3rd of May, he and the family went to the Dolphin restaurant, situated in Praia da Luz, where they dined. Around 12H00, they left the restaurant and headed toward Kelly's Bar which as about one minute away via foot. In Kelly's Bar (he does not remember the name of the street it is on) they had a few drinks and left there around 21H50/22H00.
' They left the bar, and went up a set of stairs that give access to a road just above. On this road, they walked towards another street (whose name he does not know) and headed for home. At the very start of their journey on this road, the saw an individual holding a child. This individual was walking normally although, in quick steps as he was coming down the street. It appeared to him normal, as if this was father and daughter. He adds that this individual was coming down the street, contrary to the direction of the deponent and his family. He does not know the destination the individual took as he only saw him while crossing the street.
' Urged, states that when he passed this individual it was around 21H55/22H00 and did not know at the time that a child had disappeared. He only found out about the child the next morning from someone he knew in his complex who was also leaving to go home. The deponent went to the airport as he had booked a flight to return home on this day.
' At this time, he did not associate the individual with the disappearance. Only after did he connect the coincidence of the time. From this he supposed that it could have been MADELEINE who was with this individual.
' The description of this individual is as follows: Caucasian, around 175 to 180 metres. He was around 35, or older. He was somewhat tanned as a result of sun exposure. He had a normal complexion, in good form. He had short hair, brown in colour. He does not remember if he used glasses, a beard of a moustache. He did not notice any other relevant details as the lighting was bad.
' He also does not remember the clothing the individual wore or his shoes. He states that he did not look at this detail as his pregnant wife was somewhat ill and he was constantly looking at her to make sure she was okay.
' He states the child was female. She was perhaps two or three years old. She appeared to be a bit smaller than his niece. It was a child with a normal complexion. She had blonde hair, medium in length, not very light. Her skin was white, typically British. He did not look at her eyes as she was asleep and her eyelids were closed.
' He does not remember her clothing very well but believes it was light summer clothin5 light in colour. He does not remember is she was covered in a blanket. He cannot affirm whether she was barefoot.
' Having already seen various photographs of MADELEINE alongside her images on television, states that she may have been the child he saw. He cannot state this as fact but is convinced that it could have been MADELEINE. Indeed, this is the opinion of his family.
' Questioned, states that the individual did not speak nor did the child as she was sleeping deeply. He adds that the individual did not try to hide his face or to look downwards. He did not notice anything strange.
' States that it would not be possible to recognize the individual in person or via photograph.
' At being asked, says that when he saw the individual, the deponent was accompanied by his wife, S***, his father MARTIN, his mother MARY, his children TA*** and CO**, his sister AOIFE and his two nieces AI****** and EI****, children of his sister.
' States also that when he passed the individual, the individual was descending to his right, and went around the deponent in the middle of the street. At that time the traffic was minimal or non-existent..
' He adds that the group was separated by some meters so that they were able to see the individual from various distinct positions.
' He has added a sketch indicating his locale and the sighting.
' Adds also that his son TA*** was questioned in Ireland and told that the individual was wearing a long-sleeved coat, back in colour, and that the child was barefoot.
' He has no other elements to offer the investigation.
' And nothing more was said. Reads and finds it in conformity, ratifies and signs together with her interpreter.
6-Processo 6 Pages 1619 to 1624
MAP 06_VOLUME_VIa_Page_1619
SMITH SIGHTING 1 - 06_VOLUME_VIa_Page_1620
SMITH SIGHTING 2 - 06_VOLUME_VIa_Page_1621
SMITH SIGHTING 3 - 06_VOLUME_VIa_Page_1622
SMITH SIGHTING 4 - 06_VOLUME_VIa_Page_1623
SMITH SIGHTING 5 CLICK TO ENLARGE - 06_VOLUME_VIa_Page_1624
PROCESSO 06
2871 to 2875 Smith Family Memorandum regarding contact with PJ after McCanns return home
11-Processos, Volume XI Page 2871 to 2875
11_VOLUME_XIa_Page_2871
11_VOLUME_XIa_Page_2872
11_VOLUME_XIa_Page_2873
11_VOLUME_XIa_Page_2874
11_VOLUME_XIa_Page_2875
From: DC Hughes
Sent: Thursday, 20th September, 2007 15:42
CC: Prior Stuart
Re: FW: Smith Family
This is the Irish family that saw a man transporting a child on the night in question and returned to Portugal to collaborate with the investigation. Martin Smith contacted our department stating that after having observed the McCann family on TV alighting from the plane, he believes that the person he saw carrying the child that night was Gerry McCann. For your information.
DC John Hughes
__________________
From: Long Lindsay
Sent: 20th September, 2007 11:37
CC: Hughes John (DC)
Re: Smith Family
Rec via: TELEPHONE Series: 241 Ident: BC19-8286-1055 20/09/07
Telephone: *********
Locale: Portugal/Out of country
Origin: Mr. Martin Smith 'Ireland
Text: Reported that he passed a male carrying a child in Praia da Luz the night Maddie went missing. Went and made a statement to Portugal police in Portimao on 26th of May and returned to the U.K. Is saying that after seeing McCANNS on the news on 9th of September when they returned to the U.K. He has not slept and is worried sick. He states he was watching the 10 pm news on BBC and saw the McCANNS getting off the plane and coming down the steps. He states it was like watching an action replay of the night he saw the male carrying the child back in Portugal. He states the way Gerry was carrying his twin triggered something in his head. It was exactly the same way and look of the other male seen the night Maddy went missing. He also watched ITV news and SKY news and inferred it looked like the same person both times carrying the children. Is asking a member of the OP Task Force to ring him back. He was with a group of 9 family and friends the night he saw the male in Portugal. He sounded quite shaken and worried whilst speaking to me.
Rec by: TPHONE Serial: 241 Ident:BC19-8286 1055 20/09/07
1101 8286-BC19 Incident linked to 209 26/06/07
1101 8286-BC19 Incident Result ODI: ADMIN DUPLICATE INCIDENT
QNG: QUALIFIER NOT REQUIRED
1101 8286-BC19 Incident Closed
Lindsay Long
Holmes Indexer
Major Crime
Braunstone Police Station
Processos Vol XI Page 2875
Policia Judiciaria
NUIPC 201-070 GALGS
NOTE
On this date I state for the files that at about 12.12 I had telephone contact with the witness Martin Smith, by means of phone number ********* who referred to the communication he made on 20-09-2007 to the British authorities, that confirms his sighting and showing his full availability to travel to Portugal with the aim of making statements and collaborating with this police in all the diligences that could be considered necessary concerning these events.
Portimão, 27th September 2007
Signed
Inspector Paiva
PROCESSO 11
3991 Martin Smith information regarding Gerry McCann on television 2007.11.08
13-Processo Vol XIII Page 3991
13_VOLUME_XIIIa_Page_3991
NUIP 201/07 o GALGS
4' Brigada Information
We can infer, from the analysis of the information contained in folios 2871 and 2872, that the statement of Martin Smith, duly identified and filed as folio 1606, reports new elements.
This information alleges that upon catching sight of Gerald McCann on the television news, when he (GM) arrived at the UK and still at the airport, he (GM) appeared to him to be the individual whom he saw on 3rd May in Praia da Luz, carrying a child.
As a result of this and because of the fact of the witness being resident in Ireland, we contacted an officer from the Irish force for the Iberian Peninsula, in Madrid, Bernard Gattney, who took on the task of carrying out the necessary arrangements in order to proceed to a new questioning of Martin Smith.
He was sent by email a copy of the information including the witness statement, and a list of questions to ask him, duly translated into English.
Portimao, 8th November 2007
Inspector
Joao Carlos
3992 Email regarding Smith statement 2007.11.07
3993 to 3994 Portuguese translation of email from Prior re: Smith statement 2007.09.20
13-Processos Vol XIII Page 3992 (in English)
13_VOLUME_XIIIa_Page_3992
13_VOLUME_XIIIa_Page_3993
13_VOLUME_XIIIa_Page_3994
Email sent from Joao Carlos Silva Pereira to Bernard Gattney
8th November 2007
Subject: Martin Smith
Bernard ,
According to our phone contact, I hereby enclose the report on Martin Smith, son of P S and C S, born in Ireland on *****, and an Irish citizen, passport n' *****, home address*****.
Following the enclosed report you are now kindly requested to ask him the following questions:
- Does he confirm the statement he made in Portugal on May 26th 2007'
- Can he describe in detail the individual he saw carrying a child on May 3rd 2007, notwithstanding the fact that he has already made this description in his previous statements' Was this individual alone'
- When and in what mass medium has he seen the news of Gerald McCann going down the plane stairs, and carrying one of his children' (If possible he should be shown the above-mentioned pictures, as well as asked whether he confirms or disconfirms this man was the same individual he saw on May 3rd 2007).
- Was it really Gerry McCann' Is he sure of this fact'
- Does he recognise Gerald McCann from the facial features or from the way he was carrying the child'
- Are his family members, namely the ones who were with him on May 3rd 2007, able to recognise the individual' If yes, do they also identify the individual as being Gerald McCann' (If yes, such family members should also be interviewed with a view to equally answering the above questions).
- Any other possible significant question, whether arising from the answers of Martin Smith to the above questions or that is deemed as relevant, should be equally asked.
3993 to 3994 'Portuguese translation of email from Prior
re: Smith statement 2007.09.20
3995 to 3997 English email re: Smith sighting sent from Stuart Prior
13-Processos Vol XIII Pages 3996 ' 3997 (in English)
13_VOLUME_XIIIa_Page_3995
13_VOLUME_XIIIa_Page_3996
13_VOLUME_XIIIa_Page_3997
Email from John Hughes to DIC Portimao, C.C. to Stuart Prior
20th September 2007
Subject: Fwd Smith family
From Lindsay Long to John Hughes
20th September 2007
Re ' Smith family
Location : Portugal Out of Force Area
Origin: Mr Martin Smith Ireland.
Text: Reported that he had passed a male carrying a child in Praia da Luz the night Maddie went missing. Went and made a statement to Portugal police in Portimao on 26th May and returned to UK. Is saying that after seeing the McCanns on the news on 9th Sept when they returned to UK he has not slept and is worried sick. He states he was watching the 10 PM on BBC and saw the McCanns getting off the plane and coming down the steps. He states it was like watching an action replay of the night he saw the male carrying the child back in Portugal. He states the way Gerry was carrying his twin triggered something in his head. It was exactly the same way and look of the male seen the night Maddie went missing . He also watched ITV news and Sky news and inferred it looked like the same person both times carrying the children.
Is asking a member of OP task ring him back. He was with group of 9 family and friends the night he saw the male in Portugal. He sounded quite worried and shaken whilst speaking to me
Title: Info on Maddie
PROCESSO 13
4134 Cover of fax re: Dublin correspondence (English)
4135 to 4139 Additional statement from Martin Smith 2008.01.30 (English)
4140 Email
16-Processos, Volume XVI, pg 4134 to 439
16_VOLUMEXVIa_Page_4134
16_VOLUMEXVIa_Page_4135
16_VOLUMEXVIa_Page_4136
16_VOLUMEXVIa_Page_4137
16_VOLUMEXVIa_Page_4138
16_VOLUMEXVIa_Page_4139
16_VOLUMEXVIa_Page_4140
Detective Branch
Drogheda
County Lough
Re ' Investigation into the disappearance of Madeleine McCann
I took an additional statement from Mr Smith as requested. His wife does not want to make another statement. I showed him the video clip and he stated that it was not the clip that alerted him but the BBC news at 10 PM on 9th September 2007.
He has been contacted by numerous tabloid press looking for stories. He has been contacted by Mr Brian Kennedy who is supporting the McCann family to take part in a photo fit exercise. He has given no stories or helped in any photo fits. He sent a solicitor's letter to six papers in relation material that was printed that was misquoted. The Evening Herald paid his solicitor's fees and all papers printed an apology. His photograph appeared in another tabloid paper and this matter is being pursued at the moment.
I do not believe that Martin Smith is courting the press and my view his is a genuine person. He is known locally and is a very decent person.
Forwarded please
Sergeant
Liam Hogan
I hereby declare that this statement is true to the best of my knowledge and belief and that I make it knowing that if it is tendered in evidence I will be liable to prosecution if i state in it anything which I know to be false or do not believe to be true.
I would like to state that the statement I made on 26th May 2007 in Portugal is correct. The description of the individual that I saw on 3rd May 2007 carrying a child is as follows. He was average build, 5 foot 10' in height, brown hair cut short, aged 40 years approximately. Wearing beige trousers and darkish top maybe a jacket or blazer. He had a full head of hair with a tight cut. This individual was alone. I saw Gerard McCann (sic) going down the plane stairs carrying one of his children on 9th September 2007 BBC news at 10 PM, I have been shown the video clip by Sergeant Hogan which I recognise. A clip I have seen before on the Internet. In relation to the video clips of Gerard McCann and the person I saw on 3rd May 2007 when I saw the BBC news at 10 PM on 9th September 2007 something struck me that it could have been the same person. It was the way Gerard McCann turned his head down which was similar to what the individual did on 3rd May 2007 when we met him. It may have been the way he was carrying the child either. I would be 60-80% sure that it was Gerard McCann that I met that night carrying a child. I am basing that on his mannerism in the way he carried the child off the plane. After seeing the BBC news at 10 PM, footage on the 9th September 2007 I contacted Leicestershire police with this information. During that time I spoke to all my family members who were with me on the night of 3rd May 2007 about this and the only one who felt the same way as me was my wife. She had seen the video clip of Gerard McCann walking down the stairs of the plane earlier that day. We did not discuss this until some days later. This statement has been read over to me and is correct.
DROGHEDA IND 08-08-07 Drogheda family.
SOURCE: PAMALAM
