Gonçalo Amaral: 'It cannot be that way, because nobody knows for sure at what time the things happened. The reconstruction was not made, therefore it is impossible to know for certain. The employees do not state that Gerry McCann was in the restaurant. They only say that people were sitting down and getting up from the table. Their testimony [Smith] is very credible. The way that the person walked, the clumsy manner in which the child was held. It is nothing that sounds invented. Is it evidence? Certainly not. It is information that has to be worked further.'
This is very strange indeed, for there were two employees of the Tapas Bar who stated that Gerry McCann was absent from the table during that time. Their statements are in the files. One of these statements was certainly taken very seriously by the Policia Judiciaria: that of Joaquim Jose Moreira Batista who gave this testimony on the 6th of May:
- of the group o 8/9 British citizens who dined at the restaurant last night, as usual, of which the parents of the missing were part he noticed that two individuals left the table, of the male gender.
-the first to leave was about 40/45 years old, tall, skinny[..] and the period of his absence was about 15 minutes, being that they had to re-heat his food, which had cooled.
the second to leave (about 40/45 years old [..] did so for about 30 minutes and that shortly after he returned, all left the table, except for an elderly person who told him that a child had disappeared, the daughter of a member of the group, due to which he thought that the secnd person to leave could have been the father of the child. unquote
‘The key witness in the missing Madeleine McCann case was in hiding last night after fleeing Portugal. ‘
Police have sworn the waiter to secrecy over his vital testimony and know where he is. But friends say he is terrified his identity is about to be revealed and that he will come under pressure from rival factions in the case. He is scared of British and Portuguese government influence in the probe. Friends claim he is also wary of the team of private eyes hired by Kate and Gerry McCann to help find their daughter. [..]
It is remarkable that the Final Report not just fails to mention the statements from the Tapas workers who noticed Gerry McCann absent from the table, but states specifically that there is NO evidence that Gerry McCann wasn’t at the table.