1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship Constitution of the Portuguese Republic, Article 37.º

McCanns contacted witness that incriminates Gerry - Portugal Diário

Irishman says that he saw a man carrying a child on the evening of the disappearance. The PJ dismisses the deposition because the father was at the restaurant. But the employees fail to say who is who in the entries and exits by the group that evening

The McCanns contacted the Irish Smith family, which says they saw Gerry, to a certainty of 60 to 80 percent, carrying a little girl towards the beach, on the evening when Maddie disappeared. But the contact was apparently made with the purpose of drawing a photofit of the alleged abductor, according to what the Irishman told the police in his country.

In the Maddie case process, this contact was reportedly made by Brian Kennedy, the Scottish millionaire who financially helped the McCanns in the search for their daughter. The Irish officer who questions M. Smith, in Dublin, writes in his communication to the Portuguese police that Smith refused to participate in the making of the photofit and that he did not tell the story of what he saw to the McCanns’ friend.

The moment in which Maddie’s parents contact M. Smith is not clear. But the Irish witness only refers it to the authorities when he is heard on the 23rd of January, after seeing the images on television that livened his memory, on the 9th of September: when Gerry leaves the plane in the United Kingdom and turns his head down, M. Smith identifies the gesture as similar to what he saw in Praia da Luz four months earlier.

What woke up Smith’s memory?

Days after this ‘click’, the Irishman told the Leicestershire police about his suspicions; the witness also stated that it might have been the way in which Gerry transported one of the twins that made him feel that the man who he saw near the Ocean Club could have been Maddie’s father.

Smith even clarifies that he discussed that perception with the other members of his family, who also saw the man carrying the child in Praia da Luz, but only his wife had the same feeling. Nevertheless, she did not want to give a deposition.

M. Smith also tells that he was harassed by the media that published false declarations in his name, and that at least six newspapers apologized. The Irish policeman who led the questioning refers that he does not believe that Smith is trying to please the press, given the fact that he is, in his own opinion, an authentic person and known locally as a very decent man.

It is remembered that the alleged abductor was seen by the entire family, and it was the conviction of the three members, who were heard by the PJ on the 26th of May 2007, that the child was Madeleine. The street where the encounter took place is approximately five metres wide.

PJ drops lead?

After M. Smith contacted the British authorities, the Portuguese police is informed about this new perception from the Irishman. On the 27th of September, the PJ contacts the witness and confirms the information, as well as his availability to come to Portugal, once more, to give a new statement. A trip that never happened.

After Gonçalo Amaral left, on the 2nd of October, the PJ requests a new deposition from the witness through the Irish police. This only takes place four months later, at the end of January, and arrives into the PJ’s hands on the 19th of February.

But the Smiths’ witness statement was dismissed by the Portuguese authorities, because it was established that at the time of the sighting, Gerry was at the Tapas restaurant. According to the process, this information was corroborated by the friends of the couple and was not contested by the employees, who are unable to identify who is who and at what time the elements from the group left and returned to the restaurant.

It is also remembered that the Public Ministry recognizes contradictions in the depositions by the friends, and considered that the reconstitution would be a very important diligence, in order to clarify the incoherencies.

Without indicia that the McCann couple committed any crime, the Public Ministry ordered the archiving of the process. On the 21st of July, Kate and Gerry, along with Robert Murat, saw the arguido status lifted.

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