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As the Portugese police complete their report on the disappearanc of Madeleine McCann, the question now arises, ‘why?’ and will the McCann’s be cleared?

As the Portugese police complete their report on the disappearanc of Madeleine McCann, the question now arises, 'why?' and will the McCann's be cleared?
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Why are we asking this now?

The Portuguese authorities revealed yesterday that the country’s Policia Judiciaria (PJ) have completed their final report into the disappearance of Madeleine McCann, who vanished from the flat in a holiday village on the Algarve where her parents were staying with seven friends in May 2007. A state prosecutor must now decide whether to press charges or declare the 14-month investigation closed.

The feared abduction from Praia da Luz of the three-year-old, who was a few days from celebrating her fourth birthday, became a global news event as reported sightings from Morocco to Switzerland were passed to police. Over a period of six months, attention slowly switched from the hunt for a kidnapper to Madeleine’s parents, Kate and Gerry McCann. The couple, both doctors, were declared “arguidos”, or formal suspects, on 7 September 2007.

Will Kate and Gerry McCann be cleared?

Luis Bilro Verão, the lead prosecutor, has three courses of action open to him once he finishes examining the evidence, which runs to “dozens of volumes”. He can order the PJ to continue their investigation, he can file charges against the McCanns, or he can order the case to be “archived”, meaning it will lie on file but all active inquiries will be at an end.

After numerous previous consultations between detectives and the prosecutors’ office about the direction of the inquiry, the first option is highly unlikely. Portuguese newspapers reported yesterday that the police report will state that detectives have not been able to ascertain whether Madeleine was abducted or murdered on the night she disappeared, or her body concealed after an accidental death.

One paper declared that the PJ has concluded it does not have enough evidence to charge the McCanns and will thus clear them. The couple’s spokesman said yesterday that he expected their “arguido” status to be officially lifted if the case was shelved, but it is not unusual in Portugal for people to remain official suspects for years on the basis that new evidence could still emerge.

What evidence has been gathered?

Portugal’s strict judicial secrecy laws mean that almost nothing is known officially about the lines of inquiry pursued by the investigation team. Yet a culture of successive leaks from within the PJ to the Portuguese media means that vast amounts have been written about the twists and turns of the investigation.

Despite an admission from the PJ’s national director, Alipio Ribeiro, that his force had been “hasty” in declaring the McCanns “arguidos”, much effort has gone into analysing alleged discrepancies in the accounts of the night of the feared abduction from the McCanns and the so-called “Tapas Seven” – the friends of the McCanns who were eating with the couple at an on-site restaurant.

During interviews last August, it became clear that police were exploring whether Madeleine was given an accidental overdose of a sedative. There has been extensive forensic analysis of Apartment 5A, where the family were staying, and of a Renault Scenic car hired by the McCanns. Reports suggested that DNA found in the car came from Madeleine’s body but subsequent leaks said the forensic proof was too badly degraded to support any such conclusion. The McCanns have always denied any involvement in their daughter’s disappearance.

Were the McCanns victims of a smear campaign?

The McCanns have privately expressed concern that they are being framed for their daughter’s disappearance. Last year Chief Inspector Olegario Sousa, who acted as the public face of the Portuguese investigation for its first four months, made it known through friends that the leaks from within the inquiry were part of a strategy to exert pressure on the British couple to reveal any involvement in Madeleine’s disappearance. The result has been a concerted fightback by the couple to clear their names as well as maintain interest in finding their daughter. The Portuguese police have been heavily criticised for some aspects of the conduct of their investigation, which included leaving the crime scene unsecured and leaving the border with Spain open for 12 hours after the feared abduction.

Is anyone else still under suspicion?

Robert Murat, an Anglo-Portuguese property consultant with a house just 100 yards from Apartment 5A, was questioned and made an “arguido” 11 days after the disappearance, apparently after a British newspaper reporter alerted police to his “suspicious behaviour”.

The 34-year-old acted as unofficial translator in the early days of the police hunt. An extensive search was carried out of his home, which he shares with his mother. After 10 months of investigation, the PJ returned to Mr Murat possessions seized in May 2007 including clothing and a computer amid speculation that he was no longer a suspect. His lawyer said yesterday that he would only be satisfied when he was formally declared to have no involvement in the case.

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