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· Parents may be called back for questioning, say police
· Forensic expert cautions over interpretation of DNA
Detectives investigating the disappearance of Madeleine
McCann are expected to consult local prosecutors today, and
warned that they may ask her parents, Kate and Gerry McCann,
to return for further questioning at any time.
Portuguese police sources said that investigations were
"still ongoing" and any decision on what to do next rested
with the local prosecutor, Joao Cunha de Magalhaes. Further
test results due from the Forensic Science Service in
Birmingham
may also influence how the investigation unfolds.
"Their [the McCanns'] departure obviously complicates things
and can delay the investigation as we will not have as much
contact with them as before," said Portuguese investigator
Olegario de Sousa. But he admitted that the couple had every
right to return home as they had not been charged with any
wrongdoing.
"The investigation will only end when we think the case file
is complete and we hand our findings to the public
prosecutor, who then decides whether to drop the case or
bring charges."
Chief Inspector de Sousa said the police could keep the
McCanns as formal suspects, or arguidos, for a year without
charging them, but under Portuguese law they would not
necessarily have to attend a hearing if evidence was
presented before a court. Any future attempt to impose bail
conditions on the McCanns, including residency in
Portugal, would have to be
approved by a local magistrate.
Even if the McCanns were charged with either manslaughter or
concealing Madeleine's body, they might be able to live
freely in Britain until a
trial started.
Nelson Lourenco, a well-known Portuguese criminal lawyer,
explained that defendants were not remanded in custody if
they faced jail terms of less than three years, or if their
alleged crime had not been committed intentionally. "As the
crime of concealing a body has a maximum sentence of two
years' imprisonment, while manslaughter excludes any
criminal intent, the couple, even if they were to be charged
with these crimes, would not need to return to Portugal in the
foreseeable future," he said.
In the coming days, detectives are likely to focus on the
forensic evidence that appears to have been gleaned from a
car hired by the couple more than three weeks after
Madeleine disappeared, and from the apartment in the Mark
Warner complex where they stayed on May 3.
Portuguese police have given no indication about the
strength of the forensic material which encouraged them to
make the parents formal suspects. But Alan Baker, a
scientist who has given expert trial evidence on the
subject, said the police would have important factors to
assess before being able to draw conclusions.
He told the Press Association that the type of sample -
whether actually blood or just a smear - was vital in
interpreting any potential match. "If they have found a hair
follicle or a trace of blood at the scene then the
implications could be immense, but if it is only a smear
then there are all sorts of issues involved. When you get
trace DNA it is incredibly difficult to interpret and that
is the key point."
He said the science of matching DNA profiles was also made
very difficult by the fact that members of the same family
were involved. If the match was less than perfect, as some
reports have suggested, then it became more likely that any
DNA may belong to her siblings or parents.
He also pointed out that any cross-contamination of DNA had
to be taken on board as a possible explanation if it was
Madeleine's profile in the car or flat. For instance,
anything the girl had touched in the days before she went
missing - perhaps her toys - might have helped to transfer
her DNA, he said.
Mr Baker also urged caution over how the samples were
obtained. "The sample is only as good as the person that
took it."
The McCanns' lawyer, Carlos Pinto de Abreu, told the
Guardian claims by relatives that police had offered Mrs
McCann a plea bargain if she admitted to accidentally
killing her child were wrong. The claims were the result of
"a misunderstanding" while she was being questioned.
Mr and Mrs McCann are receiving further legal advice from
the London law firm Kingsley Napley, the family
said in a statement last night. One of their advisers is
Michael Caplan QC, who defended Augusto Pinochet. But the
couple said they would not use money raised to help the
search for Madeleine to pay their legal bills, the BBC
reported.
The statements
Gerry McCann, Nottingham
airport
Today, Kate, Sean, Amelie and I have returned home as we
planned a while ago. We are returning to
Britain
after very careful thought. We want the twins as much as is
reasonably possible to live an ordinary life in their home
country and want to consider the events of the last few days
which have been so deeply disturbing.
Whilst it is heartbreaking to return to the UK without Madeleine, it does not
mean we are giving up our search for her. As parents we
cannot give up on our daughter until we know what has
happened. We have to keep doing everything that we can to
find her.
Kate and I wish to thank once again all those who have
supported us over the past days, weeks and months. But we
would also like to ask for our privacy to be respected now
that we have returned home.
Our return is with the full agreement of the Portuguese
authorities and police. Portuguese law prohibits us from
commenting further on the police investigation. Despite
there being so much we wish to say we are unable to do so
except to say this. We have played no part in the
disappearance of our lovely daughter Madeleine.
Police spokesman Olegario Sousa
The investigation will only end when we think the case file
is complete and we hand our findings to the public
prosecutor, who then decides whether to drop the case or
bring charges. |
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