First arguido Twelve days after Madeleine's disappearance, Robert Murat, a 34-year-old British-Portuguese property consultant, became the first
arguido (suspect) in the case. Born in
Hammersmith,
West London, Murat lived in his mother's house,
Casa Liliana, from apartment 5A in the direction in which the man in the
Tanner sighting had walked. Three members of the Tapas Seven—Fiona Payne, Russell O'Brien, and Rachael Oldfield—said they had seen Murat outside apartment 5A shortly after the disappearance, as did an Ocean Club nanny and two British holidaymakers. This would not have been surprising considering how close Murat lived to 5A, but he and his mother said he had been at home all evening. The McCann circle was clearly suspicious of Murat: one of the McCanns' supporters offered BBC reporter Richard Bilton "exclusive access to any new developments in the case" if Bilton would report back what the press pack was saying about Murat. Beginning on 15 May 2007, Murat's home was searched; the pool drained; his cars, computers, phones and video tapes examined; his garden searched using ground radar and sniffer dogs; and two of his associates questioned. In March 2008, one of those associates had his car set ablaze, with the word
fala ("speak") sprayed in red on the pavement. There was nothing to link Murat or his friends to the disappearance, and Murat's
arguido status was lifted on 21 July 2008 when the case was archived.
Witness statements In statements to the PJ, witnesses described men behaving oddly near apartment 5A in the days before the disappearance and on the day itself. Scotland Yard came to believe that these men may have been engaged in
reconnaissance for an
abduction or
burglary. There had been a fourfold increase in burglaries between January and May 2007, including two in the McCanns' block in the seventeen days before the disappearance, during which burglars had entered through windows. On 25 or 26 April, the tourist who rented apartment 5A before the McCanns found a man on his balcony who had entered via the steps from the street. Polite and clean-shaven, the visitor asked for money for an orphanage. On the day of the disappearance, 3 May, there were four charity collections by two men in the streets around 5A. In the late afternoon of 3 May, a girl on the balcony of the apartment above 5A saw a man leave through the gate below, as though he had come out of a ground-floor apartment; what caught her attention was that he looked around before shutting the gate quietly, with both hands. At 14:30 two blond-haired men were seen on the balcony of 5C, an empty apartment two doors from 5A. At 16:00–17:00 a blond-haired man was seen near 5A. At 18:00 the same or another blond-haired man was seen in the stairwell of the McCanns' block. At 23:00, after the disappearance, two blond-haired men were seen in a nearby street speaking in raised voices. When they realised they had been noticed, they reportedly lowered their voices and walked away.
McCanns as arguidos Early suspicion The first indication that the media were turning against the McCanns came on 6 June 2007, when a German journalist asked them during a
Berlin press conference whether they were involved in the disappearance. On 30 June a 3,000-word article entitled "The Madeleine Case: A Pact of Silence" appeared in
Sol, a Portuguese weekly, stating that the McCanns were suspects, highlighting alleged inconsistencies between their statements and implying that the Tanner sighting had been invented. The reporters had obtained the Tapas Sevens' mobile numbers and that of another witness, so it was apparent that the inquiry had a leak. This and later articles in the Portuguese press, invariably followed up in the UK, made several allegations, based on no evidence, which would engulf the McCanns for years on
social media. They included that the McCanns and Tapas Seven were "
swingers", that the McCanns had been
sedating their children, and that the group had formed a "pact of silence" regarding what had happened on the night of the disappearance. Much was made of apparent inconsistencies within and between the McCanns' and Tapas Seven's statements. The police had asked the group questions in
Portuguese, and an interpreter had translated the replies. According to Kate, the statements were then typed up in Portuguese and verbally translated back into English for the interviewees to sign. Gerry told
The Sunday Times in December 2007 that they had used the front door earlier in the week, but it was next to the children's bedroom, so they had started using the patio doors instead. Another issue was whether the exterior shutter over Madeleine's bedroom window could be opened from outside. According to journalist Danny Collins, the shutter was made of
non-ferrous metal slats on a roller blind that was housed in a box at the top of the inside window, controlled by pulling on a strap. Once rolled down, the slats locked in place outside the window and could be raised only by using the strap on the inside. Kate said the shutter and window were closed when Madeleine was put to bed, but open when she discovered Madeleine was missing. Gerry told the PJ that, when he was first alerted to the disappearance, he had lowered the shutter, then had gone outside and discovered that it could be raised only from the outside. Against this, Portuguese police said the shutter could not be raised from the outside without being forced, but there was no sign of
forced entry; they also said forcing the shutter open would have caused a lot of noise. The apparent discrepancies contributed to the view of the PJ that there had been no abduction. Kate's shout of "they've taken her" was viewed with suspicion, as though she had been trying to lend credence to a false abduction story. In 2010, Carlos Anjos, former head of the Police Detectives Union in Portugal, told the BBC programme
Panorama that most Portuguese investigators still believed Madeleine had died as a result of an accident in the apartment.
Portugal sends a letter rogatory On 28 June 2007, the McCanns suggested to the PJ that the police request help from Danie Krugel, a South African former police officer who had developed a "matter orientation system", a handheld device that he claimed could locate missing people using DNA and satellites. Kate wrote in 2011 that Krugel's claims made no sense, but the couple were desperate. In the second week of June they sent Krugel hair and eyelashes from Madeleine collected from the McCann family home by relatives in the UK. Krugel arrived in Praia da Luz on 15 July and told the McCanns his equipment had picked up a "static signal" in an area of the beach near the Rocha Negra cliff. The officer in charge of the PJ inquiry, Inspector Gonçalo Amaral, interpreted Kate's support of Krugel as a ploy. By this point he believed the McCanns were involved in the disappearance and that Kate was using Krugel—she had also considered using
psychics—to "disclose the location of her daughter's body" without compromising herself. With this in mind, the PJ sent a
letter rogatory to the British police to ask for assistance in their search for Madeleine's body. Describing Krugel's ideas as "highly unlikely", Harrison's report, dated 23 July 2007, said that 100 officers had searched up to around Praia da Luz, but that the officer in charge and most of the team had no training in search procedures, with the exception of a search-and-rescue team from
Lisbon. Search dogs had been used, but after five days instead of within two days as the handlers recommend. Harrison suggested searching the beach and shoreline, an open area near the village, Robert Murat's property, apartment 5A, the Tapas Seven's apartments, and any hired vehicles. He recommended using
ground-penetrating radar and bringing in Keela and Eddie, two
Springer spaniel sniffer dogs from
South Yorkshire. The dogs arrived in Praia da Luz on 31 July 2007 and were taken to apartment 5A, nearby wasteland, and the beach. Both dogs alerted behind the sofa in the living room of 5A, and Eddie gave an alert near the wardrobe in the main bedroom. The police removed the Renault and, on 6 August, Keela and Eddie were taken to an underground car park opposite the PJ headquarters in Portimão, where ten cars were parked, 20–30 feet apart, including the McCanns' and Murat's. Eddie, the cadaver dog, gave an alert outside the McCanns' car by the driver's door. The next morning Keela alerted to the rear driver's side inside the
boot (trunk in
North American English) and the map compartment in the driver's door, which contained the ignition key and key ring. When the key ring was hidden underneath sand in a fire bucket, she alerted again, as she did when the bucket was moved to a different floor of the car park. Almost immediately the Portuguese press began running stories that Madeleine had died inside apartment 5A.
British DNA analysis Hair and other fibres were collected from areas in the car and apartment 5A where Keela and Eddie had given alerts, and were sent to the
Forensic Science Service (FSS) in
Birmingham for
DNA profiling, arriving around 8 August 2007. At this point, according to
The Sunday Times, the PJ "abandoned the abduction theory". When Encarnação died of
stomach cancer in 2010,
The Daily Telegraph identified him as a major source of the leaks against the McCanns. On 3 September, John Lowe of the FSS emailed
Detective Superintendent Stuart Prior of the Leicestershire Police, the liaison officer between the British and Portuguese authorities. Lowe told Prior that a sample from the car boot contained fifteen out of nineteen of Madeleine's DNA components, and that the result was "too complex for meaningful interpretation": A complex LCN [low copy number] DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the luggage compartment section[...] Within the DNA profile of Madeleine McCann there are 20 DNA components represented by 19 peaks on a chart[...] Of these 19 components 15 are present within the result from this item; there are 37 components in total. There are 37 components because there are at least 3 contributors, but there could be up to five contributors. In my opinion therefore this result is too complex for meaningful interpretation/inclusion[...] [W]e cannot answer the question: Is the match genuine, or is it a chance match.
McCanns made arguidos Lowe's email was translated into Portuguese on 4September 2007. The next day, according to Kate, the PJ proposed that, if she were to admit that Madeleine had died in an accident in the apartment and that she had hidden the body, she might only serve a two-year sentence. Her husband would not be charged and would be free to leave. Both parents were given
arguido status on 7 September, and were advised by their lawyer not to answer questions. The PJ told Gerry that Madeleine's DNA had been found in the car boot and behind the sofa in apartment 5A. Gerry did respond to questions, but Kate declined to reply to 48 questions she was asked during an eleven-hour interview. The DNA evidence was a "100 percent match", journalists in Portugal were told. British tabloid headlines included "Corpse in McCann Car" (
London Evening Standard, 16 October 2007), while the
Daily Star reported that a "clump of Maddie's hair" had been found in the car. The leaks came directly from Portuguese police, according to testimony in 2012 from Jerry Lawton, a
Daily Star reporter, to the
Leveson Inquiry. Matt Baggott of the Leicestershire Police told the inquiry that, because the Portuguese were in charge of the case, he had made a decision not to correct reporters; his force's priority, he said, was to maintain a good relationship with the PJ with a view to finding Madeleine.
McCanns return to the UK, Almeida report Despite their
arguido status, the McCanns were allowed to leave Portugal, and on legal advice did so immediately, arriving back in England on 9 September 2007. The following day Chief Inspector Tavares de Almeida of the PJ in Portimão signed a nine-page report concluding that Madeleine had died in apartment 5A as a result of an accident, that the restaurant meal and apparent regular checks on the McCann children had been part of the
cover-up, that the Tapas Seven had helped to mislead the police, and that the McCanns had concealed the child's body before faking an abduction. An eleven-page document from the Information Analysis Brigade in Lisbon analysed alleged discrepancies in the McCanns' statements. On 11 September the
public prosecutor, José Cunha de Magalhães e Meneses, handed the ten-volume case file to a judge, Pedro Miguel dos Anjos Frias. Meneses applied for the seizure of Kate's diary and Gerry's laptop. The police also wanted to trace telephone calls between the McCanns and the Tapas Seven, and there were details in the report about the number of suitcases the McCanns and their friends had taken back to England. On 28 September 2007, according to a
leaked diplomatic cable, the United States ambassador to Portugal, Al Hoffman, wrote about a meeting he had had with the British ambassador to Portugal,
Alexander Ellis, on 21 September 2007. The cable said: "Without delving into the details of the case, Ellis admitted that the British police had developed the current evidence against the McCann parents, and he stressed that authorities from both countries were working co-operatively. He commented that the media frenzy was to be expected and was acceptable as long as government officials keep their comments behind closed doors."
Control Risks, a British security companypaid by an anonymous donor to assist the McCanns since 7 May 2007took
hair samples from the McCann twins on 24 September 2007, at their parents' request. The twins had slept through the commotion in apartment 5A after Madeleine was reported missing; Kate wrote that she was concerned the abductor might have given the children sedatives. According to the PJ files, Kate had asked them to take samples, three months after the disappearance, but they had not done so. Control Risks took a sample from Kate too, to rebut allegations that she was on medication. No trace of drugs was found.
Gonçalo Amaral's removal, later developments On 2 October 2007 Chief Inspector Gonçalo Amaral was removed from his post as the inquiry's coordinator and transferred to
Faro after telling the newspaper
Diário de Notícias that British police had pursued only those leads helpful to the McCanns. As an example, he criticised their decision to follow up an anonymous email to
Prince Charles that claimed a former Ocean Club employee had taken Madeleine. Amaral was himself made an
arguido one day after Madeleine's disappearance, in relation to his investigation of another case, the
disappearance of Joana Cipriano. The following month he was charged with making a false statement, and four other officers were charged with
assault. Eight-year-old Joana Cipriano had vanished in 2004 from
Figueira, from Praia da Luz. Her body was never found, and no murder weapon was identified. Cipriano's mother and uncle were convicted of her murder after confessing, but the mother retracted her confession, saying she had been beaten by police. Amaral was not present when the beating is alleged to have taken place, but he was accused of having covered up for others. The other detectives were
acquitted. Amaral was convicted of
perjury in May 2009 and received an eighteen-month
suspended sentence. The McCann inquiry was taken over by Paulo Rebelo, deputy national director of the PJ, which expanded its team of detectives and began a case review. On 29 November 2007 four members of the Portuguese inquiry, including Francisco Corte-Real, vice-president of Portugal's forensic crime service, were briefed at Leicestershire Police headquarters by the FSS. In April 2008 the Tapas Seven were interviewed in England by the Leicestershire Police, with the PJ in attendance. The PJ planned in December 2007 to hold a reconstruction in Praia da Luz, using the McCanns and Tapas Seven rather than actors, but the Tapas Seven declined to participate. The poor relationship between the McCanns and Portuguese police was evident again that month when, on the day the couple were at the
European Parliament to promote a monitoring system for missing children, transcripts of their interviews with the PJ were leaked to Spanish television. The national director of the PJ, Alípio Ribeiro, resigned not long after this, citing media pressure; he had publicly said the police had been hasty in naming the McCanns as suspects. Portuguese prosecutors were examining several charges against the McCanns, including
child abandonment, abduction, homicide, and concealment of a corpse.
Inquiry closed (21 July 2008) On 21 July 2008 the Portuguese Attorney General, Fernando José Pinto Monteiro, announced that there was no evidence to link the McCanns or Robert Murat to Madeleine's disappearance. Their
arguido status was lifted and the case was closed. On 4 August, Portugal's
Ministério Público released seventeen case files containing 11,233 pages on
CD-ROM to the media, including 2,550 pages of sightings. The files included a 58-page prosecutors' report, which concluded: "No element of proof whatsoever was found which allows us to form any lucid, sensible, serious, and honest conclusion about the circumstances." In 2009 Portugal released a further 2,000 pages. Days after the case closed, excerpts from Kate's diary, which had been taken by the PJ in August 2007, were published in translation by a Portuguese tabloid,
Correio da Manhã, despite a Portuguese judge's ruling in June 2008 that the seizure had been a privacy violation and that any copies must be destroyed. On 14 September 2008, a
News International tabloid,
News of the World, published the extracts, again without permission and now improperly translated back into English.
Amaral's book (24 July 2008) The lingering tensions between the McCanns and the PJ had reached such a height that Amaral resigned from the force in June 2008 to write a book alleging that Madeleine had died in an accident in the apartment, and that to cover it up, the McCanns had faked an abduction. Three days after the case closed, Amaral's book,
Maddie: A Verdade da Mentira ("Maddie: The Truth of the Lie"), was published in Portugal by Guerra & Paz. By November 2008 it had sold 180,000 copies and by 2010 had been translated into six languages. The McCanns began a
libel action against Amaral and his publisher in 2009. In 2015 they were awarded over
€600,000 in libel
damages; Amaral's appeal against that decision succeeded in 2016. A judge had issued an
injunction against further publication or sales of the book in 2009, but the Lisbon Court of Appeal overturned the ban in 2010, stating that it violated Amaral's freedom of expression. The ban was reinstated in 2015 as part of the libel ruling, then lifted when Amaral's appeal succeeded in 2016. In March 2017, the Supreme Court rejected the McCanns' final appeal. ==Madeleine's Fund inquiry (2007–2011)==