Sunday, February 19, 2012

Robert Murat ARGUIDO - Part 1

Volume V, pages 1170-1178 (9 pages)



Date: 2007/05/14; Time: 10:00; Location: DIC Portimão
Officer: João C. and Luís P., Inspectors

Defender appointed / constituted: Dispensed with for the present diligence

He was told that he is being considered a defendant in these proceedings, it having been given and explained to him the rights and duties under art. 61 of the Code of Criminal Procedure and, concerning legal support, the Law no. 34/2004 of 29/07, and the document of constitution of defendant was given to him. He is signing as having received the above.

Signature __________________________________

He was advised that the lack of response or falsehood about his identity and his criminal background does incur criminal liability.

Nickname: "ROB"

As for his criminal background he said:
--- He has never been before a court, nor been arrested.

Asked if he wanted to respond to the facts that are imputed against him, he responded:
--- Affirmatively.

--- He comes to the case in order to clarify the facts with which he is charged, dispensing with the presence of a lawyer and an interpreter as he understands perfectly the Portuguese language in its oral and written form. He was already present in the procedural activities as an interpreter. - to which he does not access daily.

--- Born in London, England, about 33 years ago. His parents have lived in Portugal, which his mother still does (Casa Liliana) given that his father died when he was twelve years old. He came to Portugal when he was two weeks old, returning to the United Kingdom in 1989, returning to Portugal in 2005, where he has been living in Praia da Luz, Lagos. He has also lived in Lagos and in Almádena.

--- In England he lived in various localities, Norfolk, Devon - Sidford and Norwich.

--- He has two siblings, one a male who is 38 years old and a female who is 35/36 years old, [both of whom] have also lived in Portugal with the deponent. However the respondent returned to the United Kingdom and his siblings also eventually returned to their country of birth, where they currently live. He has four nephews, two couples, in age from four to sixteen years. He has a healthy family environment, of good relations and frequent contacts.

--- On the educational background, said he did not know whether he began in Portugal or the UK. He attended primary school in Espiche, later the International School of Porches and soon after the Secondary School in Lagos, which he left by the seventh year.

--- He doe not have technical and professional courses [qualifications], but attended an accountancy course in the UK.

--- After the death of his father, he left the school, that being the main reason, and then often consumed some drugs and alcohol. Five to six years later, his Mother became involved with another person, which disagreeing, took him back to Portugal [NOTE *], in conjunction with a state of passion [love], for a British girl.

[* There is an illegible hand-written mark, possibly a correction, against the word 'Portugal'. It might indicate that he returned to England from Portugal]

In the United Kingdom has pursued several activities from canvasser of customers for window sales, factory worker in the meat business and seller of cars. In the south of England worked as an assistant to geriatrics, search and rescue of shipwrecks, before the meat factory and trade in automobiles.
Then he came to Portugal where, always, he worked in real estate.

--- As for his wife, Dxxx MURAT, from whom he is in the process of divorce, he met her when he was 19 years old, in the south of the United Kingdom, resulting from that relationship a daughter born in 2002.
Besides his wife he never had many lasting relationships, only fleeting situations.
He is separated since 2005, which corresponds to his return to Portugal, together with her.
After the separation his wife returned to England, he believes in August, with their daughter, Sxxxx MURAT.
 He only returned to see his daughter when he went to the United Kingdom in October and November of that same year.
In May, June of 2006, he went back to the United Kingdom to see his daughter, which is repeated once again in November, though he says that in this time gap he made another visit, but cannot be sure.
Again he made a further visit in December, in time for Christmas.
Earlier this year he visited in January, returning to Portugal on May 01, the public holiday.
When he goes to the United Kingdom he stays in the residence of his Grandmother or sister.
--- Generally, his movement to Portugal was to hold several meetings in order to form the company, MICHAELA was also involved in this activity, which was always linked to real estate.
He states that she was in the UK with the respondent, accompanied by her daughter on three occasions.

--- His Mother, receives a pension from Portugal and England, a total of €700, having means [assets] through inheritance and sale of a property.

--- Currently his closest female friend is MICHAELA WALCZUCH, with whom he worked in the company "Remax" in April 2005, beginning the close friendship a few months later.
 With her he is trying to open a company [firm] in the real estate business, which will be named ROMIGEN, already owning a website.
It is with her that he passes his leisure time, usually walking.
Speaking about the Internet, he uses this tool to contact Michaela, and for visiting sites of a sexual nature, in particular -

--- He has several e-mail addresses, namely:
[6 e-mail addresses edited out]
--- With respect to Michaela, she has e-mail addresses:
[3 e-mail addresses edited out]

--- As regards his daily life, he said he made several meetings with business partners, or future partners, it being that these meetings are conducted at restaurants or at the residence of Michaela, located at Rua Adelina ... Lagos.
--- During the previous week, 09 May, he intended to return to the United Kingdom, but has not done so due to the disappearance of the child, since he was already helping the authorities.
He changed the flight to Saturday 12th of his own accord, and for the same reason, at the request of Police, he said, once again he changed the journey [for his return to England] to the 19th.
The first change in the trip cost the respondent 41 pounds.

The Second amendment had no cost, as he explained the situation to the operator "Flybe." The trip to the UK was for the restoration of his house, and a medical consultation scheduled for the 14th.

--- Asked, he uses his mother's cars, VW Transporter, whose number plate is he does not know, and "Skoda Fabia", does not know the registration, which is in the repair shop "Autojoteca", next to Torre, Lagos.
Currently and given that his mother uses the VW at the stand that she has set up in Luz, he rented a Hyundai Getz, at the cost to his Mother.

--- Relating to the events under investigation, he said he arrived on May 01 at 09:30 at the airport in Faro, coming from the city of Exeter, which has an airport.
His address, that is the home of his grandmother that he is restoring, is at Sidmouth in Devon. His sister lives in two different locations, both in Exeter.

--- At the airport he was met by his mother, in the VW that the respondent drove.
He went to a petrol station at the airport exit, that had closed the toilets.
He didn't eat anything or fill up the car.
He then drove to the A22, where he stopped at the first service station on the way, M24.
He drank a "galão" [a typical breakfast drink comprising 50% coffee and 50% hot milk] as did his mother.
 He ate a meat pie and his mother a "folhado misto" [a cheese and ham croissant].
 They resumed the journey, having stopped at another M24 station [NOTE: "M24" is the name of the 24 hour convenience shops at many GALP service stations], where they drank coffee.
Soon after they went directly to Casa Liliana in Luz, where he arrived at 11:30-12:00.
Soon after and without unpacking his suitcase or entering his home, he went in the VW to see Michaela at her house in Lagos, about 12:00-12:30, where he took some gifts for both mother and daughter.
He remained in her house, he thinks, until 15:00-15:30, having offered the gifts and talked with the entire family, including the father Luís António, in addition to drinking tea.
He does not remember having eaten lunch, or if someone else had lunch.
He said goodbye to those present, left the apartment and drove himself home, where he arrived at 16:00.
He does not remember having gone to another place, before arriving at his residence. Once at home, he does not know if he went out again.

--- The following day (02/05), he got up around 09:00 and left home by 10:00-10:30.
 He went to Lagos in the VW, to the home of Michaela, where he arrived at 10.40 am.
He entered her house, where she was alone.
He remained there for a short time talking.
They left there and went in the VW to the centre of Lagos.
He parked in one of the streets and went to the residence of FRANCISCO PAGARETE, who was not there, but his girlfriend Sonia was there.
Next he went to meet his future real estate partners in their shop, called "Putos and Graúdos", located in Lagos, not knowing the street, whose line of business is the sale of clothing and is owned by JORGE S.
He does not know the time.
After the meeting in the store they went to a café, but does not know the name, now four people - the respondent, Michaela, Jorge S. and his son Jason.
Soon after went to another café, located in Lagos Marina, less noisy, where they talked about business.
He consumed a "galão" drink, but does not know if the others did.
The bill was paid by MICHAELA in the first café, he thinks, and he has no idea who paid in the second. In that café they spent some time until 13:50-14:00.

After the Marina they walked back to the VW and then had lunch in the restaurant "Bem Bom" in Lagos, this time only with Michaela, where he arrived a little after 14:00.
He ate roast meat.
Lunch ended by 15:15-15:20, they went to the school of Cxxxxxxx (daughter of Michaela, who is 8 years of age) in order to collect her, they arrived five minutes later.
They went again to the home of PAGARETE, who this time was at home.
They were talking next to the VW, to Michaela about the divorce and the respondent about buildings [properties].
He does not remember the time that he left from there.
He returned to MICHAELA's house in Lagos, with her and her daughter.
He entered the apartment.
He does not know what they did or talked about.
He remained in the apartment, with the mother and daughter for a long time, LUÍS having arrived by 21:00 or shortly after, when they were having dinner of pork or turkey.
He left Michaela's home about 22:30-23:00, got the VW and went to his house in Luz, parking the vehicle in front of house.
He spoke with his mother who was awake.
He is certain that he remained at home until the next morning.
Turned on the computer and played cards, going to sleep at 01:00-01:30.

--- On 03 awakened at 08:00-09:00, took a bath, dressed and drank some tea.
Left home at 10:00, got the VW and presumes having gone to Lagos to see Michaela.
He does not know where he parked the VW.
He went up to the apartment, rang the bell, Michaela opened the door.
Only Michaela was at home.
The talked about the website for their real estate project in the lounge and the kitchen for a long time.
The two left the apartment around 12:00 in the VW.
They took the road towards Portimão and before Odiáxere, they went round the access roundabout to the A22, direction Portimão - Lagos.
Ten to fifteen minutes after leaving the apartment, they came the petrol pumps of the Galp-M24, on the A22, where they had lunch, he does not remember what and for less than an hour.
They left the pump station and returned to the apartment, where they were once again talking about various things.
They collected Cxxxxxxx from school in the VW at 15.30 and the three met with Jorge Sxxxx and his son, he does not know where, but believes it was at the Lagos Marina.
There they went into a café, whose name he can't recall, next to a play area for children, where Cxxxxxxx played.
They spoke about "Romigen" and the meeting finished late, perhaps by 18:00-19:00.
Everybody left together, went to the VW which was parked in the car park at the rear of the Marina, they gave a ride to Jorge S. and his son to the bus station, next to the CTT in the city centre Lagos.
Then he went to the home of MICHAELA, close to 19.00.
He said farewell to them in the VW and headed for his residence, where he arrived between 19.15 and 19.30.
He parked the VW in front of the house and entered.
He does not know if his mother was at home, but thinks so because it was late for her to walk the dogs, as they usually leave at 17:00 and return at 19.00.
After entering, he may have taken some tea and turned on the TV or it was already on.
He may also have read a newspaper.
He talked with the mother, who if she was not there had arrived shortly afterwards, about Romigen.
He ate a sandwich of cheese and ham sitting in the kitchen with his mother, until 22:00 or 23:00.
Contrary to what he said originally, he was not with MICHAELA when she went to a Jehovah witnesses' meeting between 20:00 and 22:00, which is why he didn't phone her, because she turns her phone off.
He does not know if he called her after 22:00, but accepts that possibility.
He does not remember having used the computer.
He was home with his mother, when at 22:30 or a little later, he heard a siren of an ambulance or police.
He commented on that with his mother, however, did not leave the house to investigate.
He did not leave again until the morning, having gone to bed around midnight.

--- On Friday, 04/05, woke around 09:00, took a bath, went to the kitchen to his mother, the latter told him that something terrible had happened, because a child had disappeared in Praia da Luz, according to 'Sky News' that she had been watching.
At once the respondent and his Mother went to look in the garden, walled with a fence of 1m in height, checking if the child had managed to enter, which in a way was almost impossible without aid.
In one corner of the garden is a greenhouse, which was searched, and then they saw an English passer-by on the outside, he does not know the identity.
When asked about this, he was told that the child had disappeared.
Accompanied by that person, he went to the place of the disappearance, and was introduced to the parents of the child, as he spoke the two languages, Portuguese and English.
Assumes that the passer-by would be staying at the Luz Ocean Club, in the block opposite the home of the respondent.
This individual already knew the parents of MADELEINE, or met them at the time.
He started a conversation with the family of the child, offering to help.
Together with an officer of the GNR and an employee of the resort with several keys, entered several apartments, opened with the keys or by the tenants in order to locate the child.
Some of the apartments were closed and there were no keys, these sites were flagged by the GNR man.

--- At that time he met John Hill, manager of MARK WARNER, who supplied them with more keys to other apartments.

--- Prior to this occasion, he did not know the interior of the "Ocean Club", only entering the resort after the disappearance.

--- In the meantime the tracker dogs arrived that undertook a more rigorous form of search.

--- Then, having told several of the present people, including officers of the GNR, that he spoke two languages, he was taken to some places to make verbal translations for people who wanted to testify, remaining in that role during the afternoon.
On the evening of that day by 19:00-19:30 went to see Michaela, returning to Luz about 23:00-23:30.

--- On Saturday he continued the verbal translations next to the GNR mobile police station, making various contacts with the press, and that night went again to Lagos.

--- When asked he said the relationship with the press was somewhat troubled.

--- He clarifies therefore, that on the Sunday he spoke to the wife of Batista, owner of the supermarket, not knowing her name, asking her to leave the establishment open in order to supply the people who were there.
The supermarket did not stay open due to lack of members of staff, however they gave several litres of water that were placed at the entrance of Block 5.
He also asked John Hill that electricity would be supplied to the mobile GNR police station.

--- At some point on Monday, a well-known acquaintance since the age of twelve years, named GAYNOR Exxxxxx, told him that he was the main suspect among the journalists.
Subsequently he learned that she was working for "Sky", with a journalist, and she was told that they were comparing with a case of homicide that occurred in the United Kingdom, in which two girls had been killed and that the perpetrators of the crime were close to the place of the investigation.
From then on he refused to speak with journalists and alerted the the Police to this.
That refusal [of his] was to not provide his full name, nor to allow the taking of a photograph.
--- He said he had pornography on the computer.
He has pictures with women over 18 years.
He has no photographs of men.
Just naked women, not sexually explicit, not remembering if they were using phallic objects.
He has no record of violent sex, or sadomasochism or submission.
He does not have images of rape, or fetishes with children or animals.
He does not use an encrypted external server or encrypted content.

--- Asked he said he has nothing to do with the disappearance of the child, nor anything about this case.

--- Asked he clarified that never has anyone accessed, without his authorization, his computer systems, a total of three, one an ACER (which has the Vista operating system installed), another an ASUS brand and his own an LG, these two systems having the XP operating system installed.
That the computer systems were interconnected and shared the access to the
INTERNET through an ADSL MODEM-ROUTER, by mere chance, by choice of his mother.
That the contract for access to the INTERNET was signed by his mother with the company supplying INTERNET services, from Portugal TELECOM, named "SAPO".
Asked he said he does not see himself as an expert in computing and communications but these are areas that are not unknown to him, given that he had his first computer some ten years ago.
That the current ADSL Modem-Router equipment is, as far as he recalls, an SMC brand and it makes it possible to operate a network of computers, via "network-without-wires." [WiFi; wireless networking].
Asked, he responded that the computer systems he had in his house, have clocks, date and time, set to the official time; that he does not know [how] to explain why the clock of the equipment that permitted him to connect to the INTERNET, the SMC ADSL modem-router, was unsynchronized.
That this is due to the fact of it having been to an outside company, "125 computers", with its main office or place of business in the town of Mexilhoeira-Grande.
That regarding the remaining computers it was the declarer who had configured them.
That on the computer systems in question were installed normal programs.
Asked about what he considers to be normal programs, he said they would be the operating system and work tools typical of the Microsoft family, such as word processing, spreadsheet, the Internet browser (Internet Explorer) or anti-virus programs.
That his commercial activity is in the area of real estate, promoting and making it pay through advertising homes for sale on the INTERNET and that the programs installed in the computers were in accordance with [needed for] his commercial activity.
 Asked about if, unlike the normal programs that he described, he had kept or had had installed on his systems [any] abnormal or peculiar [strange] programs, he replied that he only has a program called "CCCleaner" for the improvement of the performance of the system, not retaining programs that erase traces of child pornography.
That that program "CCCleaner" was installed by his son three years ago, which statement [for the record] the respondent corrects and declares that his son informed him of the existence of the "CCCleaner" program years before, it having been the declarer who installed it on the XP systems.
That he does not know the full potential of the "CCCleaner" program, particularly those that are said in this deposition by the declarer: erasing the history of navigation in INTERNET, of temporary files, exchange of files, recently used documents, register [record] of applications (registry), the various registry files (log's), the "garbage can" or "recycle bin"; asked about the effects of deleting the program, said he was not an expert on the subject and does not know the program well.
 Asked how he does not know well the effects of the program, if he has known it for more than three years, he said that he is not expert.
Asked if he uses cryptography on his computers, he said categorically not.
Asked if he would use strong encryption in the Internet browser, [he said] he does not use encrypted communications on the Internet and in his computer system.
That he does not use nor has encrypted data in his systems, nor used enciphering to mask, hide or to prevent access to data contained in his systems.
Asked if he uses encryption or enciphering in e-mail communications, he declared: that he did not know what it is or how to use encryption.
Asked about how he could justify the presence of several encrypted or enciphered files, of credentials to access programs, in his systems, seeing he is an experienced user with more than ten years in the use of personal computers and no-one else had access to his network without authorization, he said: "I would not know how to justify that."

Asked how he explains the contradiction of maintaining a contradiction between the maintenance of his network unprotected or "open" and his experience that must be telling him to act to the contrary in respect of the security of his network, he said "not to have thought of that."

No more was said ...