Madeleine case: With prejudice

Madeleine case: With prejudice

Unofficial sources and the demands of 24-hour news have led to a media storm around Gerry and Kate McCann that gets darker by the day

Giles Tremlett
Monday September 17, 2007
The Guardian

Inside the drab, tile-clad police station in Portimao, there is a television tuned to Sky News. Officers are monitoring the UK news network, which has mounted rolling coverage of the case they are investigating, for one reason: they want to know what the world is saying about them.

That explains the outrage 10 days ago, on the evening that Gerry and Kate McCann were declared formal suspects, or arguidos, in the disappearance of their daughter. Police were still questioning Gerry McCann when, already, his sister Philomena was telling Sky they had offered Kate McCann a reduced two-year sentence if she admitted to killing her daughter accidentally, hiding the body and then secretly disposing of it weeks later.

On this occasion the police officers were right to be angry. Like many things said about the McCann affair over the past days and months, the story was wrong. There was no offer of a plea bargain. It had all been "a misunderstanding", the McCann lawyer, Carlos Pinto de Abreu, explained the following day.

That did not mean, of course, that Philomena McCann - one of many people speaking for what might broadly be called "the McCann camp" - was wrong about the rest of it. Portuguese police do seem to be considering accidental death followed by disposal of the corpse as a possibility in this most bizarre of cases. In this story without on-the-record sources, however, they have not even publicly confirmed that much.

It now seems incredible, however, to recall that the McCanns started suing Portugal's Tal & Qual magazine for saying just that a little over two weeks ago: Philomena McCann's statement gave British journalists the green light to start reporting the allegations against the McCanns - even though, if they are found not guilty in any future trial, editors could be sued.

The scene inside the police station helps explain something of the nature of what has become one of the world's biggest media storms. The journalists watch the police, the police watch the journalists and the world watches them all - showing an insatiable appetite for even the flimsiest reports about the McCann case.

Stir into the mix the relentless demands of 24-hour rolling journalism and some bitter, nationalistic warfare between sections of the British and Portuguese press and you get a messy, and occasionally nasty, story.

"The British press ... treats Portugal as a place full of incapable, careless incompetents," complained Francisco Moita Flores in Correio da Manha after a recent round of criticism of the Portuguese police.

Frustration reigns among journalists covering the case. Everybody who knows anything worthwhile is bound by Portugal's judicial secrecy laws not to talk. That includes the police, lawyers, court officials, the McCanns and almost anyone who has given evidence. That has not, of course, prevented the media providing a daily feast of "details". So where do these come from?

Kate and Gerry McCann might not be able to talk, but their extended family and a network of friends can, and do. Philomena, with her colourful Glaswegian vocabulary and willingness to attack the police, is among the most quoted - but there are many more.

The Portuguese police also talk, though the few gruff words issued by official spokesman Chief Inspector Olegario de Sousa rarely add anything to the story. Like any police force, however, they leak - especially to Portuguese journalists. Unfortunately the things they leak are often contradictory. For every "police source" claiming the evidence against the McCanns is strong, for example, another is ready to say it is not.

The McCanns have their own favourite journalists. Gerry McCann, for example, likes Sky's Ian Woods - who conducted the first television interview with them back in May. It was Sky who told the world the McCanns were leaving Portugal on September 9.

Although many commentators have professed amazement at the McCanns' supposedly skilful media management, this has, at times, proved chaotic. It was naive, for example, to believe that the respect showed to them in the days immediately after three-year-old Madeleine vanished would hold.

Muck-raking stories

In the early days the McCanns were allowed to set the rules for the press. They decided what happened, and when. The British media succumbed, largely, to a bout of communal sympathy. Police had said it was a kidnap. Robert Murat, an expatriate Briton, had been declared a formal suspect. He, as the McCanns do now, denied any involvement. That did not stop, however, pages and pages of muck-raking stories about him from appearing in newspapers in both Portugal and the UK.

The McCanns' early success with the press can be put down, in part, to the media experts they found working alongside them. The Mark Warner company, whose holiday apartments they had been staying in, already had a deal with PR company Bell Pottinger. That meant that Alex Woolfall, the company's crisis management head, was in Praia da Luz the day after Madeleine disappeared. When Woolfall left 10 days later, the Foreign Office stepped in. Media handlers arrived from London. They included former Daily Mirror journalist Sheree Dodd and, later, former BBC man Clarence Mitchell. Both Woolfall and Mitchell are remembered by reporters as key and immensely helpful sources as the McCann phenomenon took off.

After they left, however, things started going wrong. Portuguese newspapers started to publish unsympathetic stories at the end of June. As Portuguese journalists caught the mood music from police the relationship disintegrated further. Sandra Felgueiras, a feisty state television journalist obsessed by the family's supposed use of Calpol, became a particular bete noire.

Some Portuguese commentators are aware that their press, like some of their British counterparts, have gone too far. "The crowd now wants the parents to be the murderers because they are British (and, therefore, not Portuguese) and so that the worst of the British press has to surrender to the worst of the Portuguese press and admit that the latter were right," commented Mario Negreiros in Portugal's Jornal de Negocios.

Justine McGuinness, the campaign manager who took over after Mitchell left, stood down from the job last week; she is understood to have been exhausted by the intensity of the campaign. The McCanns have talked to, among others, former News of the World and Hello! editor Phil Hall about their future media needs, but seem to be finding it hard to hire a permanent replacement. Hanover PR, run by John Major's former press secretary Charles Lewington, was taking calls over the weekend, but stressed it was not working for the McCanns permanently.

It is hard to overestimate the global reach of the McCann story. The Associated Press, which rivals Reuters as the world's biggest global news agency, took reporters away from a meeting of European Union foreign ministers in northern Portugal to cover the McCanns' sudden change of fortune at Portimao police station. The decision paid off. The AP story was the most-read story on many US newspaper websites that day.

The strain on journalists in the Algarve has been immense. Working days have stretched for up to 18 hours or more. The McCann story has provided the British print media with the same test of modern, 24-hour, seven-day web-driven journalism as Virginia Tech gave their US counterparts.

Editors at newspaper websites realised back in May that McCann stories quickly shot to the top of their "most read" rankings. The best summary of the McCanns' current situation came from a Portuguese commentator, Joao Marques dos Santos of Correio da Manha. "The theory of the presumption of innocence for an arguido is a joke. When someone is declared an arguido, the exact opposite occurs. That person, whether innocent or not, is considered by investigators to be potentially guilty. The effects are devastating and irreparable."

The media, said McCann lawyer Pinto de Abreu, may be doing even more damage than that. "The media coverage could prejudice not just people's reputations but also the investigation itself," he told journalists last week.