CHAPTER 63
SMITH-GERRY-MAN SCRUTINISED
An examination of the claim that Smithman was in fact Gerry McCann
and that the child he was carrying was his deceased daughter, Madeleine
The claim is therefore that the sighting was of
SmithGerryMan
HEALTH WARNING. Some people may find this Chapter intellectually challenging, distressing, or “triggering”. If you are prone to feelings of this sort, please DO NOT READ IT.
You are of course free to criticise and deny its content without reading or understanding it, in accordance with modern Social Media norms
First some facts so far as we know them
Mr Martin Smith and his extended family on holiday in PdL, reported that during the late evening of Thursday 3rd May 2007 they encountered a man carrying a child. They were walking north. He was walking south, towards them. Three of the family made statements to this effect
REF 1
There is absolutely no reason to doubt them, either individually or as a group. They saw a man carrying a child, holding it close to his chest with the child’s head resting on his shoulder, one of his arms under the child, the other round it . . . in fact a way in which all parents all over the world carry and have always carried sleeping or tired children. A way in which even the great apes can be observed carrying their young. It is a natural consequence of a bipedal gait.
They saw a man with a child.
Some time later when he was told of reports that a child had been ‘abducted’ in the resort, Mr Smith reported this and thought his information should be added to the enquiry for completeness.
Let us look at the location and try to establish the time of the sighting
The Smith family dined at Bosman’s The Dolphin Restaurant. The receipt for 180€ is timed at 21:27:40. 3/5/2007. It was paid by Maestro credit card, by S McDonnell-Smith, Peter Smith's wife. It corresponds with the long bill detailing the items consumed. The four adults drank two bottles of Matteus rosé.
REF 2, 2a
NB. It should be noted that Bosman’s DOLPHIN Restaurant is also officially known as RESTAURANTE GOLFINHO, hence the differences in the print-outs from the two machines. This is made clear in the statements from the staff where both names are given in the introductions
“He says that he is head of personnel at the Golfinho restaurant, situated in rua da Calheta, n. 14 A in P da L, where he has worked for almost 6 years."
REF 2b
The entire group then walked the short distance up the road to Kelly’s Sport’s Bar for “a few drinks”. After the “few drinks” they left the bar to return to their accommodation and Mr Smith states that this was around 10pm, and gives as his reason for this estimate that his son and his son’s family were catching a flight the next day. Other statements from the family give estimates in the range 9.50 to 10 pm
REF 3
NB (2). It should also be noted For those who want to do their own research and very properly to cross check what I have written, that Kelly’s Sports Bar NOW, as it appears on google.maps, is NOT the Kelly‘s Bar of 2007
Kelly’s Bar 07 was where the Jacaranda restaurant now stands. Some time ago the son opened the new Kelly’s Sports Bar next door, the daughter continued with the renamed Jacaranda as a restaurant. The father owns both.
Kelly’s Bar ‘07 was very popular, and always crowded, which meant that it took a long time to be served.
That, and the consequent longer time from Dolphin to Kellys ’07, and then from Kellys ‘07 to Smithman point must all be taken into account when estimating the actual time of the sighting.
[Source: Local resident. Private Communication]
Let us for a moment apply our own experiences and knowledge of the dynamics of a family group of nine persons, of both sexes and mixed ages comprising 4 adults and 5 children. Let us use our common sense.
Two men with services experience might pay the bill at the table, stand, and walk briskly out, or pay at the bar and leave. They might even leave the premises at 2130
A large family does not behave like this.
Children have to be “rounded up, the ladies tend to personal grooming either (lamentably) at the table or properly in the Ladies’ room, where they queue for the one available stall, meanwhile the bill is paid at the table, or at the bar, and the men begin the process of “herding” the children.
They go DOWN THE STAIRS – the Dolphin Restaurant is on the first floor of a building above a row of shops. The ladies follow, and eventually the entire group is assembled and with no particular urgency moves off towards Kelly’s Bar, for a “few more drinks”.
The use of that expression tells us that the adults, particularly the two men, father and son, had at least more than one each. The phrase “We had another drink” or “We had one more drink” or “We had a last drink”, even “we had a couple more drinks” are all standard English usage. So “a few more” indicates more than one, for most of the adults, and implies three at least for the men.
REF 4
The family has to arrive at the bar, find and perhaps move tables, collect chairs, or negotiate space at the Bar. The process of attracting the attention of a waiter, taking orders from a mixed group of that size takes a finite time, and the preparation and delivery to the table or bar top of a diverse order an even longer one. They then have to be consumed, which after a substantial meal will not be the same speed as ‘necking’ the first cool pint before lunch after a long walk in the hot sun.
And this process is repeated at least one more time. The order may or probably will be different. The five children have to be asked individually, the two ladies may change from Matteus to Baileys, the men from Jameson’s or Bushmills to Triple Dog or Redbreast; the order has to be taken, prepared and served.
Then, after their “few more drinks” the entire process from the restaurant is repeated. The bill is petitioned, printed, presented and paid, the women and children visit the facilities for the last time, children are herded, and the family emerges and forms into groups before moving off, . . . the men leading the way. This time back down R. Calheta towards the Dolphin, before turning right up the alleyway Tv. Escadinhas, and towards the ’T’ junction of R. 25 Abril and R. Escola Primeria
They cross 25 Abril into Escola Primeria and meet Smithman carrying a child coming down the street towards them. There is no eye contact nor communication between them. They go their way. He goes his.
There is no indication of whether Smithman turned right or left (E or W), or continued straight on (S) down the Escandinhas alleyway towards the Dolphin Restaurant and Kelly’s Sports Bar on R. Calheta.
There is no indication of whether the child was bleeding profusely from a head wound, or whether the man’s clothing was bloodstained. Nothing. It was a totally unremarkable event which was only reported because of the subsequent reports. In his first statement Martin Smith said it was normal and he would not be able to recognise the man again.
REF 5
So what time was this sighting ?
Google.maps gives distances and times for walking, cycling and driving based on a number of algorithms and averages based on speed limits, and historical data. For long journeys they give a rough indication, but at large scale they become unreliable
“Google Maps uses average walking speed of 5km/h to calculate walking times and does not take into account topography or mobility issues.”
"Speeds vary among individuals, but brisk walking usually requires you to move at least 5 km/h. You should experience a slight elevation of your heart rate, heavier breathing and you should start sweating a little after a while.”
From Google Maps Help: Normal walking speed is about 3 miles per hour - It does not adjust for distance travelled, nor for whether you are on a road or footpath.
REF 6
UK Infantry quick march is 120 paces per minute, each pace being 30 inches.
(Kilted Highland Regiments march at 100 ppm., to allow the sporran to swing properly. [“I’m not making this up,” © J Tanner])
A marching infantry column therefore covers 100 yd. in 1 minute. (And takes 30 bars of the Music to do so)
The marching speed is therefore 3.3mph. or 5.3kph, usually rounded down to 3mph or 5 kph to allow for a short break each hour when making calculations for military manoeuvres.
The Smith family of nine, after a full meal with drinks, and a “few more drinks”, with the two women probably sporting high heels, and five children of ages 13, 12, 10, 6, and 4 moving in a normal random pattern . . . did NOT move at this military marching pace. Of that we can be absolutely sure.
The distance from the Dolphin restaurant to Kelly’s bar is given as 45m, and one minute walking.
The real time necessary for a party of nine to get from the first floor restaurant down the stairs out into the street, along to Kelly’s, to find and organise seating – perhaps at tables outside since the evening of 3/5/7 was clear and pleasant for the first time that week – and to attract the attention of a waiter to take the order for the first round is measured in anything up to and including four or even five minutes. (See “NB 2” Above)
APP 1
The waiter arrives, and takes the order, Add at least one minute
The order is prepared. A beer takes 10 seconds to pull. Add selecting the glass and putting it on the tray before repeating. Wine takes longer, – bottle from cooler, glass from shelf, pour a measure, replace bottle in cooler, glass onto tray. Juice for each of the five children longer still.
This adds at least a further 3 or 4 minutes to the time,
They drink, slowly, reflecting on the day’s events and change in the weather since the late afternoon, and on their good fortune in having chosen such a child friendly and safe resort, and on their misfortune with the weather since the Sunday.
We are now at least 8 and more likely 10+ minutes AFTER the time on the Dolphin bill. It is now 21:38 –21:40. Twenty minutes to ten at the EARLIEST, and they are just starting to have the first of their “Few more drinks”.
It was a social happy family occasion, there was no urgency. Five minutes is a bit quick for a post-prandial drink. Ten might be more acceptable. It is now 21:50
They had another drink. At least one more because the son Peter used the word “Few”, not “one more round” or “a last drink, a nightcap, one for the road, . . .”
This process is repeated, attract waiter’s attention, dictate different order, (ask the children twice whether they are sure they don’t want another or a different juice) and wait the 4 minutes for the round to arrive.
And then chat and sip and at some point the paterfamilias Martin Smith begins to make the normal signs that the evening is coming to an end, as he begins to think about moving off sometime soon because of the flight the next day.
They believe it is now 2200 at the very earliest, as the daughter Aiofe testifies in her statement,
The routine of asking for the “conta”, downing the remaining liquids in the glasses, paying the bill, herding the children, and waiting for the ladies is repeated. Eventually the family moves slowly off to wend its way back towards their apartment
It is now 2210. On their own estimate and based solely on Aiofe’s timing.
BUT NOTE >>>> And NOTA VALDE BENE because this is important
This timing is based purely on the bill and 12 year-old Aiofe’s statement and estimate of time.
The two men’s testimony is very different and MOST revealing.
BOTH say they left the Dolphin restaurant at 2100, 9pm, and left Kelly’s an HOUR later, estimating 2200 and 2150 respectively. Clearly an hour did not strike them as an unusual length of time to spend having a “few drinks” after a good family dinner.
They are adults. They were having father and son, mother and daughter-in-law time together on the last night of their joint holiday. Peter was due to leave with his family the next morning.
We repeat, - The only other estimate of elapsed bar time is from a 12 yr old girl.
We KNOW however that they actually left the Dolphin after 2130 (9:30). They are at least half an hour out. Both of them. By the same length of time.
Applying their own one hour estimate of Kelly’s Bar time, the time of leaving Kelly’s becomes a least 2230.
Half past Ten. <<<<<<
REF 7. APP B
From Kelly’s Bar they move the short distance back along Calheta and turn right up Escandinhas alleyway climbing the flights of steps, and crossing R. 25 Abril to the meeting point.
The Alleyway is in fact a stairway. There is an initial flat area, then a flight of 8 steps, then another short flat of sloping area, then more steps and another flat and yet more steps before one emerges onto R. 25 Abril. The photos show this clearly
Google maps gives this as 110m. taking 2 minutes. For the reasons above we can reasonably extend this to anything up to 3, or 4 minutes perhaps longer. The family’s own annotations of photos during their reconstruction show the family spread out over 10 or 15 metres, and not moving as a cohesive group or ‘platoon’.
APP C
So on any test the time of the ‘sighting’ of the man-with-child CANNOT be earlier than 2213 ± 3, (Aiofe time). and may be as late as 2240 ± 3 (Martin and Peter time)
Some time after half past ten
I do not think it either Ageist or Sexist to suggest that a jury, properly instructed on the law, might tend to prefer the evidence of two grown men, father and grown-up son, himself a father, on the estimate of the time spent in a bar on their last night together on holiday - to that of a 12 year old girl, despite the men’s having partaken of a “few drinks” and the girl, we hope, not.
Personal Observation
It is recognised that these estimates of how long it takes a family including 2 women and 3 girls one of them 4 years old to ‘get ready’ may be argued over. I seem to have spent a significant proportion of my life ‘waiting for women’, and therefore my estimates may be slightly overestimated.
There may be some men however who will argue that I have grossly underestimated, and given the acknowledged and woeful lack of suitable restroom facilities for women and female children in bars and restaurants right across the Iberian Peninsular and elsewhere, that the times could be extended by many minutes.
I do not see however that the time can be significantly compressed.
Now we look at the various scenarios which seek to include SmithGerryMan
The McCann’s “official story” is that Gerry made his check at 21:04 “by his watch”, spoke to Jez Wilkins on the way back, Jane Tanner passed them both – unseen by either – and saw Tannerman, – who may or may not be Dr Totman carrying his daughter in the wrong direction, and Gerry returned to the Tapas Bar. 30 minutes later Kate made her visit and raised the alarm somewhere between 2155 and 2200 and the Tapas group - including Gerry - rushed immediately to the apartment.
REF 8, REF 9
A second version, backed by the waiters in the Tapas Bar suggest a rather earlier time of around 2130 for the raising of the alarm.
REF 10
In all versions Gerry McCann is in the Tapas Bar having his dinner when the alarm is raised.
IF Smithman is SmithGerryMan then we need to examine what this entails
In one version being proposed Madeleine died during the afternoon before dinner, and the parents knew this.
In another version being seriously proposed Gerry found Madeleine dead, and removed and hid her without informing Kate.
From the Tapas Bar to the Sighting point is 450m, given as 7 minutes walk, (but see above the way this is estimated)
To that we must add the time to get to the apartment, enter, pick up one dead child, check the remaining two live ones, exit by the front door, and we may safely estimate a minimum of 13 minutes.
APP D
So to arrive at the “sighting point’ by 2233 SmithGerryMan must leave the Tapas bar about 2220, 10:20pm. But in either version of the incident the Tapas group had left the Tapas bar by 2200. 10pm and was in the apartment
It is further argued that from the “sighting point” SmithGerryMan went further South to the rocky area and hid the body under an upturned boat before returning to the Tapas bar or the apartment to join the general mayhem.
APP E
This adds at least another 4 minutes to the trip, the site of concealment has to be selected, the boat lifted and somehow chocked up, the body placed, the chock removed and the boat put back in place.
Let us charitably allow another three minutes for this activity, before Gerry returns
We now have
Tapas to Apartment to Sighting 13 min.
Sighting to Boats 4 min.
Concealment 3 min.
Boats to Tapas 16 min.
SmithGerryMan has to be away from the Tapas Bar and the group and the waiters for nearly 40 minutes at the fastest possible pace and under the perfect conditions of finding a suitable boat immediately and being able to lift and replace it alone.
Both scenarios, - of the 2130 alarm and the 2200 alarm - which try to include SmithGerryMan ALSO have to deal with a much earlier death. At the latest mid to late afternoon so there is time to include the entire Play being written and rehearsed by all the Tapas before the evening entertainment begins.
An alternative, that SmithGerryMan found Madeleine dead and immediately took steps to remove and conceal her body without informing anyone offends many basic principles of what we know
1. It takes Gerry out of the Centre Stage position, away from Control of the scenario.
2. It risks Kate reporting them both missing
It leads to a ridiculous Scene from the unfolding drama
C. Marlowe. “The Tragicall History of Magdeleen McKon”. Folio, 1593, Brit Mus.
EXTRACT
Act 2, Scene I
A Tavern in Lusitania
Enter Katerina, disordered and beset with woes
KATERINA: “
Sirrah, They’ve taken her, the barstads have taken her,”
OMNES:
“Of whom doest thou speak, good woman?”
KATERINA:
“The ones of whom we never speak.
The Beastes who do wantonly and carnally
embrace and know the childer”
OMNES:
“Oh Woe.
Let us go and bring them to the Justice”
Exeunt omnes apace.
Scene II
An apartment. All do feign to search behind chairs
Enter Geraldo
KATERINA:
“Where’s Maddie ? Where’s my Magdeleen?”. (cries)
GERALDO:
“Forsooth, good wife,
Know that I came to see the wench and
espied that she was without life and still,
So I did hie me to yonder Strand
and did cast her corse into the deep.
It grieveth me much that thou were’st not there.
I am full of sorrow that thou knowest this not”
KATERINA:
“How coulds’t thou have done this.
I damn thee to eternity.”
MATTEUS:
“Summon the Night Watch”
GERALDO: “
Aye, perhaps anon.
But before that, good people,
we must needs scribe a scene of our own authoring,
the better to explain our parts as players,
our exits and our entrances,
for each must now play his part.
Forsweare ye all the Truthe,
that ye be saved from shame and disgrace.
Citizen Rusellus, send for a lanthorn,
quill, ink and paper and let us scribe a play,
the like of which the world has ne’er seen before,
Nor ever will again, methinks.”
MATTEUS:
“Here is parchment, Sire, from a childish tome
untimely ripped, and here ink and quill.
The full and blesséd moon shall be our lanthorn
and guide us in our endeavours to explain.
Start thee, good neighbour Geraldo,
with thine history, and I shall take it down apace.
GERALDO:
“Aye, and forsooth know ye all
that ye be damnéd if ye do not sweare
the Veritie of what is writ herein.
Know that the devil himself, Lucifer, awaits ye,
should ye now refuse or on the morrow renege,
and that he be even worse than I”
Curtain
In this version the body is still warm and floppy and this was a spontaneous act, a Sudden Impulse.
In another version the death occurred some time earlier, but the SmithGerryMan initial concealment was planned and timed – bizarrely – to overlap with the discovery and alarm, the report to the Ocean Club and the arrival of the Police.
This means the body might be cold and beginning to stiffen. And Leak.
There has even been a suggestion that the death was on Tuesday 1/5/7 or Wednesday 2/5/7, AND that SmithGerryMan carried her by now decomposing body through the town at peak time for families returning from any of the many restaurants and bars in that area. The place of initial storage has not been clarified.
In a further twist it has been seriously suggested that in the early hours of the morning both Gerry and Kate returned to the boat under which lay the corpse and moved it to another hiding place, or perhaps even to the final burial spot. The Rocha Negra or the hill area has been proposed.
This would involve venturing out when the GNR, PJ, Dogs plus at least a hundred holiday-makers and locals were searching the entire town and the beach, in FULL MOONLIGHT, and with torches.
“By midnight there must have been more than 100 people looking everywhere, in gardens, under vehicles, down on the beach, in alleyways. Some people were calling out her name.”
REF 11
Dawn broke at 0637 4/5/7, Civil twilight (= end of lighting up time ) was 0609, and Nautical twilight 0535
But there was a FULL MOON (98,5% waning Gibbous), which rose at 2154 3/5/7 and set at 0724 4/5/7, it was a clear calm and cloudless sky so the whole of the Algarve was brilliantly lit. Fishermen are out at 0300-0400, bins are emptied during the early hours of the morning, deliveries to hotels, restaurants, coffee shops and bakeries start earlier than many people can imagine. . .
REF 12
And yet we are asked to believe the Gerry and Kate emerge unseen from 5H, retrace the route to a boat on the rocks, collect a body, schlepp it along the beach to the Hill or Rocha Negra, and hide or bury it somewhere, somehow, using nothing more than bare hands and the tools at hand. Perhaps a kitchen spoon or small saucepan.
APP F
The SmithGerryMan proponents and adherents are clearly split as to whether this was the initial concealment of Madeleine’s body, in which case he did NOT want to be seen or identified, or whether it was an elaborate ruse from an Agatha Christie Hercule Poirot novel to drag a red-herring across the trail in which case he clearly DID.
It has for example been seriously suggested that SmithGerryMan was either Gerry himself or another of the Tapas men who allegedly resembled Gerry, (?) carrying one of the other female children, and that immediately after having achieved the objective of having been seen – by a family they clearly knew would report it to the police (?) – got into a car rented for the purpose by yet another of the Tapas men which was waiting for them on R.25 Abril, and were driven back to 5A in time for the rest of the performance - after the interval. The fate of the car is unclear.
Precisely what the plan involved should Gerry NOT meet a compliant family, who could be relied upon with 100% certainty (!) to report what they saw - is not explained.
Go round again ? Twice ? Speak and make eye contact ? Drop the child and make a fuss ?
We are not told, and therefore do not know and should not speculate.
I am unclear exactly what classification to allocate to that theory, but I include it for completeness.
The contrary suggestion is that the route was chosen because it was dark and quiet with very little chance of being seen by anyone, which neatly ignores the fact that within a 150m radius of the ‘sighting point’ there are at least TEN restaurants and bars
R. 25 Abril - Rest. Paulos, Clive’s Cocktail Bar, and Chinese Royal Garden
R. 1 Mayo - Pakura Indian Rest.
R. Calheta - Bosman’s Dolphin Rest., Kelly’s Sports Bar, Jacaranda Rest., The Bull
R. Pescadores - Fortaleza de Luz Rest., Puerto Escondido Mexican Rest.
ADDENDUM:
One of the people to whom I send the drafts of my Chapters for proof reading and Destructive Criticism pointed out a highly relevant observation by a well known researcher who has also visited PdL.
It is to the effect that only once one is in PdL does one become aware of how small and compact the historical centre is. He had walked the route from 5A to the Smithman sighting point, and timed it at 4 minutes. That is of course very close to the 5 minutes for the 400m. given by google.maps. I have no doubt that he is correct, though 400m. in 4 minutes is a very brisk pace. 3.9 mph or 6.3 kph.
I walked the route with X X in 2008 but we did not “pace it out” nor record our time or our speed or paces per minute.
We also did not test it with either of us carrying a 16 kg weight, (35 lb, 2.5 Stone) to see what difference that might have made.
It is not clear whether he started at the front door of 5A or at the entrance to the car park, nor where he ended the “timing’ since the Smithman sighting point was not at the junction itself, but some little distance back up Escola Primeria, as the family state and indicated on the photos in 2008
In any event the relevant time is from the Tapas Bar, through 5A, arranging and collecting the body, and only then to Smithman point.
At risk of arguing about Angels dancing on the head of a Pin the observation is valid, but does not, I think, affect the thrust of my thesis. I think it may even support it.
SUMMARY
As with most of my analyses of interpretations and explanations I do NOT say that Smithman Was NOT Gerry McCann carrying either the warm or cold body of Madeleine, or Gerry or even another of the Tapas men carrying a substitute child voluntary willingly offered up by another family . . . )
I am simply unable to draft or imagine a possible scenario which fits the known facts and any logical and realistic deductions and which does not damage Occam’s Razor beyond economic repair, which might make it possible.
Now we can see that the estimates of the sighting at 2200 ± 5 [edited for typo] are clearly ‘suspect’ and probably and very obviously underestimated by well over half an hour, the whole issue should be looked at again by those who have previously used it as a base for their scenarios and theories.
It is well established and universally recognised that “The burden of proof in civil disputes and criminal disputes lies with the party asserting a proposition, not the party defending or denying it.
It is for the proponents to show how their theories may have been achieved.”
APP G
So far as I am aware no one has yet stepped forward with the necessary evidence or unassailable train of logic to do this.
This is an open invitation to do so.
NOTE
The References are to allow readers to trace and check the original. In places I have appended short extracts.
The Appendices are more comprehensive and reproduce some documents in longer form. I have taken the liberty of ‘bolding’ parts which I found relevant, and have quoted above, but readers should refer to the originals if in any doubt.
REFERENCES AND APPENDICES
1 Smith family statements
All are to be found at
https://mccannpjfiles.co.uk/PJ/MARTIN_SMITH.htm
2 Dolphins Receipt
12_VOLUME_XIIa_Page_3257
2a Dolphins Bill
2b Dolphins = Golfinho
https://mccannpjfiles.co.uk/PJ/ADRIAAN_MARAIOS.htm
3 Smith statements re leaving Kelly’s Bar
Martin Smith: “They left that establishment around 21H55”
Peter Smith: “ having left from there around 21H50/22H00.”
Aiofe: “Around 22H00, they left Kelly's Bar.”
4 Few drinks
Martin Smith: “In 'Kelly's Bar' they consumed some drinks.”
Peter Smith: “In Kelly's Bar (…) they had a few drinks,”
5 Smith “normal not recognise again”
Martin Smith 26/5/2007 ”As he reached this artery, he saw an individual carrying a child, who walked normally and fitted in perfectly in that area, in that it is common to see people carrying children, at least during the holiday season. . . .He assumed it was a father and daughter, not raising any suspicion.”
“States that it is not possible for him to recognise the individual in person or by photograph.”
“ He adds that the group walked some metres apart from each other so they would have seen the individual in different positions.”
Martin Smith “30 Jan 2008
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.
Peter Smith: 26/5/2007 ”At that time he did not associate the said individual with the disappearance, only after thinking on the subject and the coincidence of the time did he infer that MADELEINE could have been the child carried by the individual that he had seen.
6 Maps times etc
https://cloudfresh.com/en/blog/google-maps-estimated-arrival-time
https://community.ricksteves.com/travel-forum/iceland/google-maps-time-accuracy
https://democracy.bristol.gov.uk/documents/s67299/A1.1
7 Smiths statement about time leaving Dolphins Restaurant
Martin Smith: “Around 21H00 they left the restaurant and headed toward 'Kelly's Bar’;”
Peter Smith” “Around 21H00 they left the restaurant and went to Kelly's Bar”
Aiofe: “When they left the restaurant, around 21H30, they headed toward Kelly's Bar.”
8 Book re Gerry check
After ordering his food, Gerry left to do the first check just before 9.05 by his watch.
McCann, Kate. Madeleine (p. 70). Transworld Digital. Kindle Edition.
9 Book re Kate check
At 10pm I went back to the apartment myself.
McCann, Kate. Madeleine (p. 71). Transworld Digital. Kindle Edition.
10 Waiters’ statements alarm 9,30
https://mccannpjfiles.co.uk/PJ/JERONIMO-SALCEDAS.htm
“At saying this, I saw the man. Who I knew later to be Madeleines father, running to the pool and to the childrens play area in the Tapas zone as if looking for someone. … He then left again running to continue searching. I believe that this was between 21H30 and 22H00 but do not remember with certainty.”
“A big part of our group was sent to the beach; we formed a sort of human extension cord in our searches. We finally returned to the Tapas around 04H00. We were sent home at the time.
11 People Searching
https://www.express.co.uk/news/world/795256/Madeleine-McCann-Maddie-mystery-latest-missing-phone-box-link-Portugal
South African Wim Bosman, 46, has owned the Dolphin restaurant for 20 years . . .
“By midnight there must have been more than 100 people looking everywhere, in gardens, under vehicles, down on the beach, in alleyways. Some people were calling out her name.”
12 Moonrise and Twilight
https://www.timeanddate.com/moon/@2266934?month=5&year=2007
https://www.timeanddate.com/sun/@2266934?month=5&year=2007
APPENDICES
A Dolphin and Kelly’s
See Note in Text.
Kelly’s in 2007 was where the Jacaranda restaurant NOW is.
B Smith statements
Date of Diligence: 2007.05.26 10H40
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 would be travelling 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 Travessa da Escola Primária (Primary school crossing). As he reached this artery, he saw an individual carrying a child, who walked normally and fitted in perfectly in that area, in that it is common to see people carrying children, at least during the holiday season. This individual was walking the downward path, in the opposite direction to him and his companions. 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, not raising any suspicion.
— Urged, states that when he passed this individual it would have been around 22H00, and at the time he was completely unaware that a child had disappeared.
https://mccannpjfiles.co.uk/PJ/MARTIN_SMITH.htm
AIOFE
— Regarding the 3rd of May, 2007, she went, with all her 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.
Peter
— He would like to clarify that on the 3rd of May, he and his family went to the Dolphin restaurant, situated in Praia da Luz, where they dined. Around 21H00 they left the restaurant and went to Kelly's Bar, about one minute away on foot. In Kelly's Bar (he does not remember the name of the street it is on) they had a few drinks, having left from there around 21H50/22H00.
— At that time he did not associate the said individual with the disappearance, only after thinking on the subject and the coincidence of the time did he infer that MADELEINE could have been the child carried by the individual that he had seen.
C ALLEYWAY AND FAMILY POSITIONS
D TAPAS BAR TO SMITH SIGHTING
E SIGHTING TO BOATS
F BOATS to TAPAS
G Burden of Proof: How it Works
https://hallellis.co.uk/burden-proof-balance-probabilities/
In civil litigation and criminal prosecutions, the burden of proof lies with the party asserting an allegation of fact.
It's a fundamental principle.
Those that seek the assistance of the law must prove their claim - first, before the defendant.
It's not for the defendant to disprove an unproven case advanced by the claimant.
The burden of proof in civil disputes and criminal disputes lies with the party asserting a proposition, not the party defending or denying it. The person seeking the legal remedy bears the burden or onus of proof.
To satisfy the burden of proof:
- the party with the burden of proof
- must prove the alleged fact
- to the standard required by the applicable standard of proof.