http://www.timesonline.co.uk/tol/news/uk/article2423304.ece?token=null&offset=12
From Times Online
September 10, 2007
Police push for charges against Madeleine McCann's mother as case goes to prosecutor
David Brown and Steve Bird, of The Times, in Praia da Luz
A police file of evidence which allegedly proves that Kate McCann killed her daughter is expected to be handed to a public prosecutor in Portugal today.
Detectives believe they have now collected enough evidence for Mrs McCann to be charged with the homicide of Madeleine by failing to prevent her death. The charge is equivalent to manslaughter in British law. She would also face a charge of concealing a Madeleine’s body.
Officers were furious when a plan for Mrs McCann to be charged on Thursday last week was halted after her lawyer met with the Portugal’s Attorney General, it was claimed today.
A new file of evidence includes lengthy interviews with both Mrs McCann and her husband, Gerry, after they were made official suspects last week. It also includes details of forensic evidence collected in the McCann’s apartment and hire car and the results of surveillance by Portuguese and British police.
function pictureGalleryPopup(pubUrl,articleId) {var newWin = window.open(pubUrl+'template/2.0-0/element/pictureGalleryPopup.jsp?id='+articleId+'&&offset=0&§ionName=UK','mywindow','menubar=0,resizable=0,width=615,height=655');}Jose Cunha de Magalhaes e Meneses, the public prosecutor based in Portimao, will have to decide what, if any, charges should be brought against Mr and Mrs McCann. The couple can remain as official suspects for up to eight months.
Chief Inspector Olegario Sousa, spokesman for the Portuguese police inquiry, said: “At the moment the inquiry is being prepared to be handed to the prosecutor in charge of the case. He will analyse it and after this he will make his decision.”
Asked when the papers would be handed over, he said: “Probably during today.”
Portuguese police decided to pass the file on to the prosecutor despite not having all the results from forensic tests being carried out by the Forensic Science Service in Birmingham.
Mr Sousa said: “The information is that we have received part of the forensic results, so we are waiting for the rest."
The McCanns' Portuguese lawyer, Carlos Pinto de Abreu, has said he has no idea how long it would take for the case to be concluded. It is understood the McCanns could have to wait months before learning whether they will be charged or cleared.
If charged, the couple could be remanded in “preventative custody” by a judge while they await trial.
The McCann’s had previously insisted they would return to Portugal if requested by police but their decision to consult a British expert in extradition law has led to speculation that they may fight an extradition order.
Michael Caplan, QC, has previously represented Chilean dictator General Pinochet in his battle to avoid extradition on charges of torture and human rights abuses.
However, the introduction of a European Arrest Warrant in 2004 will make it much harder for Mr and Mrs McCann to successfully challenge any extradition request.
Portuguese detectives appear to be working on the theory that Mrs McCann killed her daughter by accident and covered up the death by claiming she was abducted. Her husband’s alleged role is not clear, but sources said police believe he was an accessory to the killing and helped hide their daughter’s body.
Portuguese newspapers claimed today that Madelene was accidentally killed by an overdose of sedative, by drinking medication or after being slapped or pushed. Mrs McCann is the key suspect as British tourists claim she put Madeleine to bed while her husband played tennis or swam.
Portuguese police were yesterday reported to be preparing for a fresh series of searches in Praia da Luz. The sites included the villa where the McCanns had stayed and an area south of the Ocean Club resort where Madeleine disappeared 130 days ago,
Mr and Mrs McCann returned to their home in Rothley, Leicestershire, yesterday with their two-year-old twins, Sean and Amelie.
Philomena McCann, Madeleine's aunt, said today it was "unbelievable" that Kate and Gerry McCann had been named as "arguidos", or formal suspects, in her disappearance.
"The way the Portuguese have turned this investigation round, and they are no longer looking for a live child, they are assuming on spurious evidence, that Madeleine is now dead, well, we don't agree with that in any shape or form," she told BBC Breakfast.
"We want the investigation changed round to look for Madeleine alive, as we reckon she is."
Ms McCann said the couple would be "absolutely" co-operating with the Portuguese police and were prepared to return to Portugal to undergo further questioning.
After touching down at East Midlands Airport just after noon yesterday, Mr McCann, his voice breaking, insisted they played no part in her disappearance.
He said: "Whilst it is heartbreaking to return to the UK without Madeleine, it does not mean we are giving up our search.
"As parents we cannot give up on our daughter until we know what has happened."
The couple do not know if or when police will call them back to Portugal, although they will obey even if they fear they could be arrested, a family friend said.
"They are not running away. It is a change of place but they are very happy to help the police," the friend said.
The family's decision to return to Britain was in large part based on their desire to maintain a sense of normality for their two youngest children.
Mr McCann said: "We want the twins, as much as is reasonably possible, to live an ordinary life in their home country, and we want to consider the events of the last few days which have been so deeply disturbing."
It is very unlikely they will bring the twins back to Portugal with them if police need them for further interviews, a friend said.
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Long article.Very interesting.Heres one part that caught my eye
Portuguese newspapers claimed today that Madelene was accidentally killed by an overdose of sedative, by drinking medication or after being slapped or pushed. Mrs McCann is the key suspect as British tourists claim she put Madeleine to bed while her husband played tennis or swam.