Lying in the Sun

Happy to be Corrected

Happy to be Corrected

I noticed recently that there are some DVD's doing the rounds in relation to the missing Madeleine case -

'Buried by Mainstream Media' 
by Richard D. Hall.

I viewed the first DVD and it appears on first viewing to be pretty accurate, though that said I will need to view it again.

I moved on to the second DVD, and a short way in, a few minutes, I noticed what I believe to be an error.    I noticed it immediately as this issue had been raised some time back, and back then I had checked it out.

I didn't view very much further preferring to look at the issue to refresh my memory, before moving on.

In this DVD
the narrator states that Fiona Payne in her evidence, maintains, that on the night of 3rd May 2007- she went to the McCann holiday apartment at 7 pm, and was joined there ten minutes later by her husband, David Payne.  He further states that this is not mentioned anywhere else.

What he does
not make clear, or produce proof of, is WHERE in Fiona Payne's evidence she maintains that she was at the McCann apartment at 7pm! 

Fiona Payne
was interviewed by Leicestershire Police UK (Rogatory Interview) and twice during this interview she was asked about her movements on that day/night.  In response and specifically in relation to the time around 7 p.m.   She had this to say:

  • Officer:  So, right, what time did he come back then from his tennis? 
  • Fiona Payne:  I'd say if we came back about seven, he was about ten minutes after that,so about ten past seven, quarter past seven, something like that.

Fiona Payne is speaking of her husband David in above reply

When asked again later, in same interview she responded:

  • 'Erm, I don't think we stayed there that long that night, because the kids were pretty, pretty tired. Erm I'm trying to think, I'd say  probably by seven o'clock we were, me and my mum, headed back with the kids to start bathtime.  Err and Dave we left him playing tennis for a bit longer. I think we'd bathed the kids by the time he got back, probably about ten minutes later.  Erm and then I went for a run that night after the kids were bathed.'

Fiona Paynes Police Witness statement in Portugal 4th May 2007

  • 'Yesterday they slightly altered their routine, they went to the beach with the children and her mother Dianne.  They arrived there around 15H 45 and left at 18H 15, and headed towards the tennis court until about 19H 00.   Immediately afterwards, the witness headed towards the apartment with her children, and her mother  Ten minutes later her husband David appeared.   In the apartment her mother, helped by her husband, David, bathed the children whilst the witness went jogging on the beach until around 20H 00.  Afterwards she returned to the apartment and got ready.  She left around 20H 45, accompanied by David and her mother, in order to meet the rest of the group in the tapas bar.'
Quite clearly Fiona Payne when speaking of going back to the apartment at 7pm with her mother and her kids on the night of 3rd May 2007, and joined there 10 minutes later by her husband David, is speaking of their OWN apartment NOT the McCann holiday apartment.

So where would Richard D Hall have got the impression she was speaking of the McCann apartment?

I think perhaps from the following communication, where a Leicestershire Police Officer writes to a Portuguese Officer:

Leicestershire Police:  Follow up to Gaspar statements PJ Files

Processo Vol. XIII
Pages 3909-3915

To: Ricardo Paiva - Polícia Judiciária
From: DC 1756 Mike MARSHALL - Leicester Police Constabulary
Ref: David Payne

Date: October 24, 2007


As requested, appended are the statements of Arul and Katherina Gaspar.

I read carefully the written statements given by David Payne but was not able to extract any other information besides what is already known.

He declares that he saw Madeleine, for the last time, at 17H00 on 3/5/07 in the McCann's apartment. Also present there were Kate and Gerry. He did not indicate the motive for being there or what he was doing. Similarly he does not indicate for how long he stayed.

When asked with whom he was on the afternoon of May 3rd, he declares that this information was already offered to the police and he cannot remember if anyone else was there.

He does not remember what he was wearing that afternoon.

He took part in the searches, having carried out most of them alone. He was at times accompanied by Matthew Oldfield.

He did not partake in the searches realised on the 4th of May, because, on this day, he spent to majority of time in the police headquarters.

For many of the questions, he does not give a complete answer, affirming simply that he has already given this information/declaration to the Portuguese police.

I examined again the declarations of Fiona Payne.  In her depositions, she states that she went to the McCann apartment, around 19H00, on the 3rd May, together with Kate.  She states that 10 minutes later, the husband arrived, it is not clear which husband she refers to, if to Gerry or her own husband.  Her responses to the written questionnaire are vague, given that, she continues to answer to the questions with " they conform to my earlier deposition" or some similar statement.


The above communication is spoken of in the DVD, and the producer/narrator highlights on screen the part of text where it references David Payne his statement referring to events/Payne's whereabouts at 17H00.

He does not address the latter part of the communication - Fiona Payne's statements?

Where DC 1756 Mike Marshall got the idea that Fiona Payne said she went to the McCann apartment on 3rd May 2007 at 7 pm and was joined there 10 minutes later by her husband - is a bit of a mystery, as Fiona Payne in the Rogatory Interview and her Police Witness statement said nothing of the kind.  

Officer Mike Marshall states also that Fiona Payne did this together with Kate.

And then continues by saying it is not clear to him whether Fiona Payne refers to her own husband or Gerry McCann.

From the Rogatory Interview, and the Police Witness Statement of Fiona Payne I would have to say that it is as clear as day what Fiona Payne said, to which apartment she was referring to, and to which 'husband.'   Her own husband, her own apartment!

Unless there is some other document that Officer Mike Marshall has viewed and NOT cross checked with the Rogatory Interview, or the Police Witness statement, I cannot understand how he has not been able to reconcile what Fiona Payne stated.

He did mention that he had examined the deposition of Fiona Payne (her WRITTEN declaration?) if it is within a written statement that Fiona Payne stated that she was at the McCann apartment at 7 pm, it would be in complete contradiction to her Rogatory Interview and her Police Witness Statement.

And it would again bring into question why DCI Mike Marshall did not cross reference all statements made by Fiona Payne.

We must note that Fiona Payne, never in either statement, the Rogatory or the Police Statement, said that she went to the apartment with Kate McCann.

There are so many inconsistencies in the McCann groups Police Witness Statements that are easily proven to be exactly that, inconsistencies and untruths.   The case is riddled with them, for absolute sure.

If though someone is going to produce DVD's where they are highlighting said inconsistencies, they must get the facts right.   Does not help the case the purpose of the DVD's if they are not accurate.

Having said that, if I am wrong in my understanding that there is an error here, and there is some statement available out there which demonstrates that Fiona Payne stated that she went to the McCANN apartment at 7 pm and not her OWN apartment, and accompanied by Kate McCann, and contrary to her Rogatory Interview and her Police Witness Statement, where she states she went to her OWN apartment at 7 p.m. accompanied by her mother and children, where David Payne joined her ten minutes later, it would be helpful if this was produced in support of the claim that Fiona Payne stated she was at the McCann apartment at 7pm, her husband joining her there, ten minutes later.

As always, I will am happy to be corrected.

Thank you
11th August 2014

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