31 January 2011

Looking back on the Maddie case: Witness statement - Sílvia Batista




Polícia Judiciária - Criminal Investigation Department of Portimão


Witness statement of Sílvia Maria Correia Ramos Batista

Date: 2007/07/26
Time: 16h00
Location: CID Portimão
Statement taken by Paulo Ferreira, Inspector



Concerning the matter of the process, the witness said:

That she has given statements for several times within the process, and remembers the contents of what she stated before, therefore reproducing the contents of the previous statements into this statement.

The deponent offers another statement because with the passage of time, since Madeleine’s disappearance, she has remembered some details of the facts that she witnessed, which she considers of some interest to the investigation.

Like she said before, she was alerted to Madeleine’s disappearance between 10.30 and 11 p.m. She was at home and was informed about the event through a telephone call. She immediately went to the Ocean Club, where she arrived only minutes before the GNR officers. When she arrived at the resort, she went immediately to apartment 5A, where she met several persons both on the inside and on the outside of the apartment. She went into the apartment but left it right away without speaking to anyone, because she was informed that the GNR officers were at the main reception, so she went to meet them.

When she arrived near the GNR officers, she verified that Gerry, Madeleine’s father, was behind her, in the company of another individual whose identity she doesn’t remember. At that moment, Gerry placed both knees on the floor, hit the floor with both hands, too, placing himself like a praying Arab, and shouted out twice in rage, and it was not possible to understand what he said. Then Gerry got back on his feet and accompanied the deponent and the other individual who was in the GNR car, to apartment 5A.

Already on location, the deponent entered the apartment and asked those who were present both for the passports of all family members and photographs of the missing person. The deponent walked Gerry to the GNR car, so he could deliver the requested documents. She states that she carried out these diligences, and other diligences, at the request of the GNR Commander as they used the deponent’s knowledge of the English language to translate the questions that were asked from the missing person’s family members, and the answers that were given. She remembers that Gerry gave the GNR Commander several photographs of the missing person. These were postcard-type photographs, taking their size and shape into account. They were actually photographs of the size and shape of a postcard, and they seemed to be all similar to her.

She also realised that from the very first moment on, both Gerry and the rest of the group members insisted in stating that Madeleine had been abducted, all of them using the word “abducted” [original in English] instead of missing, and they all showed great interest in informing the press about the situation.

The deponent further recalls that she entered the room where Madeleine had been sleeping. She now remembers that the door was closed. The inside of the room was dark. The shutters were down, and light entered only through its holes. The windows were closed and the curtains slightly open. Gerry, who accompanied the deponent during this visit, with the GNR officers also present, said that it had been him who had closed the window because the babies were still sleeping inside, which the deponent could verify as true. Gerry mentioned that when he noticed that Madeleine was missing, he had found the window and shutters open, and the curtains fluttering.

The deponent recalls that the cots that were used by the babies were placed in the middle of the room and aligned, and therefore she found it strange that someone could have taken Madeleine from the bed where she was sleeping up to the window, because there was no space to get through. The deponent opened the bedroom’s wardrobe to check if eventually Madeleine was hiding inside. Then they all left the room, and someone closed its door again. The deponent remained in the living room for a while, with the GNR officers, Gerry and the other group members that were there in a frenzy, going in and out and speaking on their mobile phones. She noticed that none of the group members, including the child’s mother and father, were busy looking for her. The mother was sitting on the master bedroom’s bed, the father accompanied the deponent and the GNR officers and the other group members walked in and out and spoke on the phone, apparently concerned about informing the press about the event.

She thought that the child’s mother was downbeat with the situation, the father showed his concern and also asked both for the press to be alerted and for dogs to be brought in for the search. Concerning the others, she can only recall that Fiona and her husband, Payne, were hysterical about the situation. At a given moment, right after the PJ’s elements arrived, the child’s parents removed the twins from the cots where they still slept, and took them into the apartment on the first floor. At Kate’s request, the deponent removed the soft toys and a blanket from the cots, and also took them to the first floor. The babies’ cots were left only with the mattresses.

The deponent also wishes to mention that at around 3 a.m. Madeleine’s parents asked for the presence of a priest on location. They didn’t explain the reason why they wanted a priest, but the deponent found the fact strange as there were no indications that the little girl was dead, and that’s the circumstance under which usually the presence of a priest is requested.

At a given moment, the deponent translated the deposition from one of the ladies that belonged to the group of English people, namely one that she indicates as being a brunette. This lady told the GNR officers, and the deponent translated, that she had seen a man crossing the road, possibly carrying a child. The deponent found that situation strange because she was convinced that when she saw this man, the lady was positioned in a spot that has no viewing angle to the location where she had seen the man. She doesn’t know exactly where the lady was positioned when she saw the man passing by, but she knows that she indicated that she saw him passing on the street that lies in front of the window to the bedroom where Madeleine was, walking into the direction of the street that leads to the Baptista supermarket.

When questioned about the clothes that the English group members wore that night, she mentions that she only remembers that Fiona wore a green blouse, Gerry wore a dark coloured shirt, and Fiona’s husband wore light-coloured trousers, she thinks cream-coloured.

And she stated nothing further.




in: Processo 201/07.0GALGS, Volume VIII, pages 1975-1977




27 comments:

  1. The very inconsistencies in the McCie's and tapas friend's statements and timelines should have been enough for arrests imo.
    But the media circus and intervention of different authorities prevented that. Insofar their sneaky strategy was really successful.
    Today it almost seems they've gotten away scot-free.
    But still they are putting on quite a show but that's all about money.
    Without their reams of money they'll be a nobody. Also I think their book will flop.
    Sr. Amaral is waiting patiently for this point of time to come.

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  2. this is the statement that I always come back to...
    someone who was there at the time & smelt something very fishy in their story.

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  3. Just by reading the above statement it is clear that the mccanns are involved in Madeleines disappearance. I agree they should have been arrested but they were allowed to feed the media the abduction story and raise enough money to give them the confidence to carry on with this saga.
    When they are finally charged its not just about what happened to poor little Madeleine, but also wasting police time, libel cases, fraudulent fund raising the list is endless hope they lock them up and throw away the keys.
    Great post Astro.

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  4. The deponent also wishes to mention that at around 3 a.m. Madeleine’s parents asked for the presence of a priest on location. They didn’t explain the reason why they wanted a priest, but the deponent found the fact strange as there were no indications that the little girl was dead, and that’s the circumstance under which usually the presence of a priest is requested.


    Says it all really!

    Book to be released 12th May, so they dont think she will be pulled out of the hellish liar within a 10km radius of PDL then, you know the one where Mr Dave Edgar(from dumb and dumber team) said she was being held??? WTF!!

    and YES Cody I do agree the book will flop! already being discounted on Amazon I believe! YAY

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  5. '... the father showed his concern and also asked both for the press to be alerted and for dogs to be brought in for the search.'

    Is this the same father who said Madeleine 'treated as commodity' and that the dogs are unreliable.

    http://news.bbc.co.uk/2/hi/uk_news/politics/7935156.stm

    http://www.youtube.com/watch?v=6vh5ObkBM3c&feature=related

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  6. It's the photos that give the game away, given to the police so quickly after the alarm was raised. Where did they come from? The PJ say they weren't printed on any paper from photo shops in the area. Why did they appear to be of a younger Madeleine? Were they emailed from the UK the day before? It was claimed they were printed by one of the OC staff from a USB stick, but when was there time, and why?
    Why were the Paynes so hysterical? and why weren't the T9 looking for the child?

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  7. This person must have missed Kate's thumping of the walls which might have been responsible for bruises on Kate's hands then? According to Fiona that is what she was doing.

    Seems like it was a rather subdued Kate this lady saw.

    As for Gerry falling on his knees and the rest of his strange antics, what to make of that? And none of the Tapas group out searching, even though Madeleine might have been out there lying injured somewhere. No search then, or ever, done by the parents.

    Yet all of them very busy informing the press that Madeleine had been abducted with no evidence for that whatsoever. Gerry McCann taking charge as usual, and all his pals falling into line, and this even before an investigation had started.

    After this, it was not long before the begging and bleating machinery was set in motion with the well heeled McCanns raking it in.

    No wonder they legged it out of PDL when the investigators started to ask them questions as none of this makes sense. But of course, by then those best in the world dogs had done their work indicating that it would have been useless searching for a live Madeleine anyway, though what parents wouldn't have wanted to find their missing child, whether alive or dead, so as to return her home, or give her a decent burial.

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  8. Very observant - I wonder what protects them from the law ? It must be powerful but all evil institutions that rule by fear fall apart one day - Soviet Union, Egypt

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  9. "she saw him passing on the street that lies..."

    Even the street lies.

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  10. Sílvia Batista - "Gerry mentioned that when he noticed that Madeleine was missing, he had found the window and shutters open, and the curtains fluttering."


    So, Gerry McCann described the above as HIS experience, whereas subsequestly, Kate McCann describes it as hers!

    Gerry McCann stated that HE closed the window but only Kate McCann's fingerprints were found on it.

    I'm sitting here shaking my head. WHY was this case shelved?

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  11. *As for Gerry falling on his knees and the rest of his strange antics, what to make of that?* [quote by anon 7].

    Hi
    I read somewhere that's an action freemasons take when they want to alert one of their own that they are in trouble. Gerry could have been hoping that at least one of the policemen present would recognise it and take the appropriate action. It seems to have worked.

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  12. "She remembers that Gerry gave the GNR Commander several photographs of the missing person. These were postcard-type photographs, taking their size and shape into account. They were actually photographs of the size and shape of a postcard, and they seemed to be all similar to her."

    Ah, the "mystery" photos...the ones that could not have been made on location, with the equipment available at the Ocean Club! And at that time of night all the photography shops were closed...were did those phots come from? They made/printed A4 sized photos of Madeleine, with some equipment provided by one of the nannies(I think), but nothing like the ones given to the GNR. Who travels with a set of similar postcard sized photos of their child...? And what for? To my knowledge the origin of those photos was never established. Isn't it weird?

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  13. If only one reporter had the guts ,and integrity, to follow up these FACTS and stop pandering to the Macaans bleating lies, and always present begging bowl!!!Come on,there must be one decent journalist out there somewhere,who ,like us all here ,feels sick every time they or Clarence spout even more lying drivel to keep their money making "machine" alive ,unlike the victim in this fiasco,Madeline ,and of course the twins!!!Pity someone with John Blacksmiths brilliant observations of this debacle is only available to like minded people via the internet,his comments,if ever put to the general public would cause a "storm" IMO !!!

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  14. Anon 5

    No doubt Gerry was referring to the sniffer dogs that were brought in and traced the movements of Madeleine away from the apartment, but could have been taking the route she took daily anyway, and nothing to do with where she was taken that night.

    The blood and cadaver dogs would have been over the settee and alerting in a shot. The last kind of dogs Gerry would have wanted to have around.

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  15. It is really amazing... The pair of parents who gave to the police a bath towel to help the dogs retrieve Madeleine scent and search her, were the same who travelled with 4 photograps of her, all the same,to spend short holidays that would not last more then a week. In a Digital Era, That photos are an impotante piece for the investigation.
    Were they travelling also with 4 photograps, all the same, from the twins? If not, what makes Madeleine different ?

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  16. Gripping stuff!!

    The games up for the Dastardly Duo,can you imagine your daughter going missing in a foreign country and all our doing is trying to cover your own arse?.They are going to have a wake up call very soon and hopefully from the police.Keep the good work up exposing their lies and you will all play a part in getting justice for the poor little innocent child.

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  17. JillyCL wrote:

    "I'm sitting here shaking my head. WHY was this case shelved?"

    I've been shaking my head non-stop since the files were released. I cannot make any sense of the decision to shelve the case.

    ShuBob

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  18. From "The McCannFiles"(http://www.mccannfiles.com/id151.html):

    "The mysterious photos, 08 August 2008"
    "The mysterious photos 24horas"

    "Gerry said he made copies with Maddie's image on the night of the crime

    Text: Luis Maneta
    08 August 2008
    Thanks to 'carilina' for translation

    The PJ analysed the printers at the Ocean Club and in Praia da Luz and came to the conclusion that the McCanns could never have printed the photos of their daughter there.

    A set of 4 photos that the McCanns gave to the GNR on the night of the disppearance is one of the major mysteries in the process that was closed by the MP. Many references are made to these pics in the 17-volume dossier, because the type of photographs and the paper were they are printed – in a size 15.3 cm x 10.3 cm – is not "convenient for transportation" says inspector Tavares de Almeida from the PJ in Portimao, in a request he sent to the Scientific Police Lab to analyze the photos.

    Inspector Joan Carlos says it was 'strange' that the family was in posession of those photos because on that night they couldn't have had the possibility to make that type of photos in that size. The PJ always wanted to know who took the photos, where they were taken and why they were taken to the Algarve.

    When Kate was made arguida on Sep 7, she was questioned about the ways they were making known the face of Madeleine, just hours after her disappearance, but Kate didn't answer. Some hours later, the same question was asked to Gerry, who said the photos had been taken with a digital camera and printed in the reception of the Ocean Club through the initiative of Russell O'Brien. Gerry was making reference to hundreds of photographs that were being printed in A4 sheets in the printer of the Ocean Club as was confirmed by the manager of the complex, John Hill.

    But the photos that are intriguing for the PJ are the others. The set of 4 photos that the McCanns gave to the GNR on the night of the disppearance. Gerry declared that he was not the one that had given the photos to the GNR. But the dossier contains also declarations from Sílvia Baptista, responsible for the Ocean Club who says she saw the father of Madeleine give the photos, on a poster-type paper to one of the officers of the GNR. "They were practically all similar" said Baptista. The PJ made a research of the printers available in Luz, but the sort of paper the photos of Maddie were printed on, could not be found anywhere. Nelson Costa, one of the officers in the GNR who was called on the night of 3 May, was perplexed. He told the PJ he saw several pictures of Maddie, some A4 size and others with the size of a poster, that 'couldn't have been made' in the reception of the Ocean Club.

    GNR got the pics

    Antonio Duarte, a commander for the GNR in Lagos, got the mysterious photos. Four equal images, in sets of two, printed on photographic paper, 15.3 cm x 10.3 cm. The military declared to the PJ that he got the photos at 2 a.m. on the 4th of May – four hours after the disappearance was reported. Antonio Duarte said he got the photos when he was sitting in a vehicle when trying to get identification data of the McCanns, but that he cannot recall who gave him the photos. He declares he's got 'an idea' that he saw Gerry McCann but that he cannot 'guarantee' that Gerry was the one that gave him the pics. Nonetheless he’s quite sure that the pics "could not have been revealed / printed on the premises of the Ocean Club".

    Text under the accompanying picture: The McCanns had 4 copies of this picture, on photographic paper, and this fact intrigued the PJ, because Gerry said that the copies had been made in the Ocean Club, and they were not made there."

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  19. 18. This is another indication in the files that preparations were made long before the alarm was raised. They needed a photo so did someone e-mail a photo earlier and RO downloaded it onto the memory stick mentioned ready to print at the required time? But why not use the OC printer and paper? Indeed why not use the 'last photo' supposedly in Kate's camera, if it was?

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  20. The photos were printed by a nanny, her statement is in the process. They were made in the OC, but not on their equipment. This is well known, there is no mystery except for those who enjoy making such things.

    As far as Ms Batista's statements are concerned, comparing the earlier to the later ones is a very interesting exercise in how we reinterpret our memories to fit the views of others. They should be text-book reading for all detectives. I invite anyone to call them all up on the MCF or Pamalam's site and, as they say, compare and contrast.

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  21. Anon 21:

    As for the photos, the mystery did not involve which printer was used but the type of paper they were printed on. Nowhere, in any of the photo shops near or around PdL or at Ocean Club was this type of paper found. This, of course, brings to mind that these pictures of Maddie must have already been with the parents. It seems that their excuse was that the boyfriend of one of the nanny's printed them up on his printer. Fine but I doubt very much that this boyfriend brought his own supply of paper with him on holiday. People bring their laptops and maybe, just maybe a printer but they certainly would not load themselves down with reams of paper, which would be readily available wherever they were going.

    As for the statement of Sílvia Batista, I suppose you are implying that she is making it just to please others. You forget that she was an eye witness to the behaviour of the McCanns right after the disappearance of Maddie. I do not believe that this is a case of reinterpreting her memories but rather remembering things that at the time did not seem important. Of course, we must remember that these statements are much more coherent and reliable than the ramblings of the Tapas9.
    Caroline

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  22. It is a mystery (as the police said) because the printer allegedly used by the nanny was mysteriously unavailable for examination. A mysterious boyfriend allegedly took it away to France. So the printer was never seen independently and the story was never proven. Why was the nanny using paper unavailable locally, and why were the mysterious photos not directly downloaded from the camera onto an OC PC/printer, the easiest option? Why the need for a memory stick and then a nanny with a mysterious printer that was never found again in the middle of the night? Who knows?

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  23. Why did the McCanns keep issuing photos of a much younger Madeleine when surely they must have had plenty of ones of her at the age she was?

    Did they think even then that a younger looking child would be more marketable? I also didn't think the child with the tennis balls looked like the other photos. That child to me looked older than the picture of the child sitting by the swimming pool.

    Madeleine was also constantly being referred to as a 'toddler', something the McCanns never put right. A child of nearly four years old is not a toddler.

    Did people in general ever really know what Madeleine did look like? Now we get those whacky projections of what Madeleine would look like now which look more like a girl of twelve.

    It's a bit like the description of Madeleine's personality. Was she quiet and shy or was she noisy and boisterous? I have seen her being described as both, though maybe she was being mistaken for the child of Jane Tanner's who was apparently quiet and shy.

    'Confusion is best' said Gerry. Well, they certainly managed that one.

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  24. This is what happens when justice opens its eyes - to power, to media, to money.

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  25. THE WAY I SEE IT...

    The way I see it the dogs testimony is most revealing but one which cannot change the status of the parents as "innocent for lack of conclusive evidence" or if you prefer: "guilty for lack of conclusive proof of being innocent"

    In order to think of the McCann as technically innocent we would need to come up with an hypothesis that would treat the dogs reactions as flawed and/or explain how the crime scene could have been contaminated to such an extent, by a drifting cadaver odour...

    It's complicated.

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  26. OPEN ITS EYES, TURNS ITS NECK AND EXTENDS ITS HAND...

    "This is what happens when justice opens its eyes - to power, to media, to money."

    Good point! And one might add: turns its back and (who knows) extends its hand...

    The McCanns' have appropriated the English chivalric Order of the Garter's motto: "Honi soit qui mal y pense" whereas "Olive oil topples water..."or "the truth always surfaces" might, in the long run, have served them best.

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  27. ***ATTENTION***!

    How come Mrs McCann claims on CNN that when she entered to check, she couldn't see the room clearly as "IT WAS TOO DARK", whereas here, her husband claims he closed the shutters "and only some light was coming through" because with open shutters, the kids would wake up because of the light!?!?!?!!!??!?!?

    >>>>>>:
    The deponent further recalls that she entered the room where Madeleine had been sleeping. She now remembers that the door was closed. The inside of the room was dark. The shutters were down, and light entered only through its holes. The windows were closed and the curtains slightly open. Gerry, who accompanied the deponent during this visit, with the GNR officers also present, said that it had been him who had closed the window because the babies were still sleeping inside, which the deponent could verify as true. Gerry mentioned that when he noticed that Madeleine was missing, he had found the window and shutters open, and the curtains fluttering.

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