I don't see how anyone who has read the PJ files can insist that the window was open. It is an incredibly contentious statement to say the least. Just because Kate McCann stated that at 10pm she found Madeleine missing, the window open and the curtains flapping doesn't mean that was what happened.
The witness statements of the Tapas 7 themselves contradict what Kate said about the window being open. Anyone interested in evidence will definitely be interested in that.
Fiona Payne's statement was that when she was with Kate McCann in the apartment in the first instance, there was no talk whatsoever of a window being open. She actually says that later on she started to hear about a window being open, but that this wasn't mentioned by Kate at all in the initial stage. Fiona Payne mentions checking the room, lifting the shutters, even trying the patio doors to see if a child could have pushed them open. Amaral felt that indicated a) that she knew the only way Madeleine could have got out of the room was through the patio because b) she wasn't seeing anything that indicated that there was an open window, forced entry or any other way that Madeleine could have got, or be taken, out. Not one of the Tapas 7, who were in and out of the apartment in those first hours, mentioned an open window in any of their statements.
The other thing their statements corroborated wasn't that Kate's first words when she rushed back to the Tapas bar was not "they've taken her" or "she's been taken", which launched the abduction story and has passed into folklore and which Kate stated in one of the early interviews. All the Tapas 7 in their statements of May 4th say that Kate's first words were just "Madeleine's gone" with no mention of an open window or flapping curtains. They all thought she had got out of the apartment and they were out looking for her and calling her name (this is indicated in their statements). Diane Webster, Fiona Payne's mother, was left alone at the Tapas bar to stay there in case Madeleine returned there. This doesn't sound like the reaction of someone who had just been told that the apartment window was open, the windows flapping, there was forced entry and Madeleine had been taken.
no one is insisting the window was open, but it was something Kate put in her statement and said initially - so regardless of whether this is proven true later or not - that’s the intelligence the GNR had when they arrived at the scene. The intelligence they had was that a child was missing, possibly abducted and therefore a crime could have taken place. For reasons known only to them, they didn’t react appropriately and didn’t close off the scene. The PJ have stated that they should have, they agree that this was shoddy police work. So this isn’t some media/McCann/U.K. police criticism. It comes from the PJ itself.
the abduction theory isn’t in “folklore”. It was a credible line of inquiry that was actively pursued by several police bodies. It’s still an open line of enquiry last time I checked.
the thing is, the issue of the window isn’t really all that important and it’s certainly not a smoking gun. It’s a bit of a straw man argument, because by the time the PJ started to (badly) take forensic samples from it, it was the early hours of the following morning, and members of the public (the public, not the McCanns) had contaminated the scene beyond all real forensic viability.
had the scene been preserved, then fingerprints from any perpetrator might have been found. Or maybe they wouldn’t have. Maybe the windows would’ve been found to have been wiped down. Maybe the windows would only have had the McCanns fingerprints. Maybe fibres from Maddys clothing would’ve been found, or maybe they wouldn’t have. Maybe foreign fibres with unknown DNA would’ve been found, or maybe DNA would’ve been found and matched with someone on a database. But we will never know the answer to these questions because
the police didn’t secure the scene.
so, so what if Kate made a mistake about the window being open? So what if she got it wrong? So what if the tapas 7 have slightly different versions of how the room looked at any given time? What does this prove? What does this really tell us? Nothing. Not a thing.
you can’t accuse the tapas 7 of straightening out some bizarre story without also wondering how they’d managed to mix up a crucial element of an abduction story (the window). It doesn’t make sense.
I get that most people won’t understand all the mechanisms at play, I get that most people won’t understand how witness statements usually work after a crime has been committed. I get that most people don’t really understand how victims of a crime can behave and act - how could they?
but I really do struggle to understand how people will read a body of files or statements, in a context they can’t possibly understand or assess fully - and can they decide they know for certain what happened?
how can anyone be so sure? Surely it’s such an ignorant stance to take, being so closed minded? I could never take such a strong stance on something that has such little evidence to support it. How can someone read a nasty statement from the likes of Yvonne and decide that yep, must mean they murdered their child. It defies logic. Reading Daily Mail headlines and taking it as fact, defies logic. Hearing a rumour on the internet and accepting it as truth, defies logic.
at the end of the day, there has
never been any substantial evidence to suggest the McCanns harmed their child. And there is
Zero real evidence that they ever tried to cover anything up.
So we have a couple who have claimed to have suffered one of the worst crimes possible - the abduction and likely murder of their child. I personally, would rather assume them innocent until there is strong evidence to suggest otherwise. I would rather assume them innocent and be proven wrong, than be someone who casts cruel and unkind aspersions on potentially completely innocent people who have suffered enormously. That’s my take and tbh I don’t think I’ve got much more to say on it.