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Arguido Status Lifted - 21 July 2008

On 21 July 2008, the Portuguese attorney-general's office announced that the investigation into Madeleine's disappearance was to be archived, pending further evidence.
 
The arguido status of the three suspects; Gerry McCann, Kate McCann and Robert Murat was lifted.

Kate and Gerry McCann after arguido status lifted
Kate and Gerry McCann hold a press conference after their arguido status is lifted

 
As police close Maddie case, McCanns face new agony over book by former investigation chief, 21 July 2008
 
As police close Maddie case, McCanns face new agony over book by former investigation chief Daily Mail 
 
By VANESSA ALLEN
Last updated at 1:38 AM on 21st July 2008
 
Kate and Gerry McCann are expected to be told today that the inquiry into their daughter's disappearance is being shelved.
 
But in a heartbreaking blow, a book by the disgraced former head of the investigation will be published on Thursday promising 'explosive revelations' about the inquiry.
 
The memoir by Goncalo Amaral reportedly contains allegations that Madeleine died accidentally in her parents' care, and that they disposed of her body to cover up the death.
 
The McCanns, both 40, vehemently deny the claims.
 
Mr Amaral, 48, authorised the decision to name the McCanns as official suspects in their daughter's disappearance.
 
He was widely criticised for ignoring potential leads because of his focus on the couple and his rigid belief that Madeleine died in their holiday apartment in Praia da Luz on May 3 last year.
 
Many of the lurid smears and bizarre leaks from inside the police inquiry were also rumoured to have come from him.
 
They stopped abruptly when he was removed from the case last October.
 
Friends of the McCanns said their legal team would study his book, provisionally titled True Lies, and had not ruled out bringing libel proceedings against him.
 
It is set to hit the shelves three days after Portugal's attorney general is expected to announce the police inquiry will be 'archived'.
 
Despite Portugese police giving up on the 15-month investigation over Madeleine, the couple have yet to learn whether they will remain official suspects.
 
Under Portuguese law prosecutors are not required to clear suspects when a case is closed, unless evidence is found to categorically prove their innocence.
 
There have been examples of people remaining suspects - or arguidos - for years.
 
But the McCanns' lawyers and the level of interest in the case could force officials to concede the lack of evidence against them.
 
Clarence Mitchell, the McCanns' spokesman, said the couple hoped they would be cleared of suspicion and allowed to concentrate on the search for Madeleine, but that they did not know if that would happen.
 
He refused to comment about the claims in Mr Amaral's book but said: 'It's a great shame that people seem more interested in making money out of Madeleine's disappearance instead of helping the search for her.'
 
Mr Amaral told Portuguese media he remained convinced Madeleine died in her parents' rented apartment and claimed he was sacked as he tried to bring a key witness to Portugal.
 
Last week attorney general Fernando Pinto Monteiro stepped in to promise a 'solution' to case.
 
He ordered prosecutors to advise him whether any further investigations needed to be carried out or if the inquiry could be archived.
 
Sources close to the inquiry said Mr Monteiro was anxious to resolve the case today before leaving on his annual holiday.
 
A decision to close the case could also lead to the strict secrecy laws being lifted.
 
This which would open the case files to public scrutiny and allow Mr Amaral to publish his book.
 
The McCanns' Portuguese lawyer, Carlos Pinto de Abreu, said he expected the book to amount to 'speculation'.
 
He said the couple's legal team was more interested in gaining access to the case files.
 
If the McCanns' private detectives uncover new evidence they could ask prosecutors to reopen the case at any time.
 
Mr Amaral was sacked as the head of the inquiry in October after he claimed British police only investigated leads which suited the McCanns and he took early retirement last month.
 
But he is also facing a perjury trial over claims he helped cover up the torture of the mother of another missing girl in the Algarve by some of his officers.

 
Madeleine inquiry could be closed, 21 July 2008
 
Madeleine inquiry could be closed BBC News
 
Page last updated at 07:08 GMT, Monday, 21 July 2008 08:08 UK
 
Portugal's attorney general is to make a statement about the Madeleine McCann case, amid reports that the inquiry into her disappearance will be shelved.
 
Fernando Jose Pinto Monteiro has said that he will announce a "solution" to the police investigation.
 
The child's parents and a third British national, Robert Murat, have been named "arguidos" or official suspects, but this status could now be ended.
 
Madeleine, of Rothley, Leicestershire, disappeared on 3 May 2007, aged three.
 
'Most important'
 
Portuguese media had previously reported that the 14-month long investigation would be closed because of a lack of evidence.
 
Detectives submitted their final report at the start of July to prosecutors.
 
Kate and Gerry McCann, Madeleine's parents, have said they want their own private investigators to see detectives' files so they can keep looking for their daughter.
 
If the case is shelved, lawyers for Mr and Mrs McCann and Mr Murat will gain access to police papers and the official investigation into Madeleine's disappearance will stop.
 
However, it could be reopened if fresh evidence came to light.
 
Mr and Mrs McCann's spokesman, Clarence Mitchell, said the couple would not comment in advance of the attorney general's statement.
 
He added: "Obviously they are aware of numerous reports suggesting that the case is about to be shelved.
 
"If that is the case they hope that it is made very clear that their arguido status is revoked and they hope to gain access to the police files so that their private investigators can continue the search for Madeleine.
 
"At the end of the day that is the most important thing - finding their daughter and keeping the search going."
 
Earlier this month Mr Murat received a £600,000 settlement and apology after a libel claim over allegations in 11 UK newspapers.
 
In March Mr and Mrs McCann reached a libel settlement and got an apology from Express Newspapers for suggesting they were responsible for her death.
 
The McCanns and Mr Murat both strongly denied any involvement in Madeleine's disappearance.

 
CBS News video, 21 July 2008
 

CBS News video 
 
21st July 2008
 
After her disappearance one year ago, no one knows what happened to Madeleine McCann. Portuguese authorities are expected to officially clear her parents as suspects. Sheila MacVicar reports.
 
(00:02:17)

 
DNA error by British experts led to McCanns being accused, leaked report claims, 21 July 2008
 
DNA error by British experts led to McCanns being accused, leaked report claims Daily Mail
 
By DAILY MAIL REPORTER
Last updated at 11:48 AM on 21st July 2008
 
Two key blunders led to Kate and Gerry McCann being declared suspects in their daughter Madeleine's disappearance, a leaked report claims today.
 
One of the mistakes relating to DNA tests on samples collected in Portugal was made by the British Forensic Science Service, the Portuguese document said.
 
The report, prepared by Portugal's attorney-general, Fernando José Pinto Monteiro, claims the two crucial errors led to the doctors from being made 'arguidos' in the case.
 
It was revealed as Mr Monteiro prepared to formally clear the McCanns, both doctors from Rothley, Leicestershire, and shelve the case.
 
According to today's report, the Policia Judiciaria - Portugal's criminal investigation department - were told that DNA evidence found in the couple's hire car, on the window sill of their holiday apartment and in the car park of the apartment complex, belonged to Madeleine.
 
The report claims it was categorically given as her DNA and as a result the McCanns were questioned and later made suspects, according to London's Evening Standard.
 
But exactly one month later the forensic service wrote another report saying it could not be sure those findings were correct or whether the samples belonged to Madeleine, her younger sister Amelie or her mother.
 
The claim is likely to cause the FSS embarrassment. Last week representatives of the service went out to Portugal with Leicestershire police to try to prevent the information being made public.
 
The second error was that when 'cadaver dogs' smelled the scent of death in the apartment where Madeleine disappeared, detectives did not take into account that Mrs McCann, who is a GP, had come into contact with six patients who died before she went on holiday.
 
Mark Williams-Thomas, a former police officer and a child protection expert, who has knowledge of the report, which dedicates 50 pages to the DNA evidence, said it was 'damning'.
 
'The FSS was out in Portugal on a damage limitation exercise,' he said. 'They will lose credibility over this.'
 
There is also strong condemnation of the police for paying too much attention to the media and evidence given by the dining friends the Tapas seven is criticised as they are accused of contradicting each other.
 
The report also talks about two key witnesses. One who contacted the police on 26 May saying he saw Mr McCann carrying Madeleine away from the apartment on the night she disappeared later retracted his statement.
 
The other witness spoke of the behaviour of the McCanns throughout their stay in Portugal.
 
According to the report, the police visited 443 homes in the area, sightings were examined and ruled out and they also looked at all land, sea, and air escape routes.
 
The report says there is a strong belief by both British and Portuguese police that Madeleine is dead.
 
As they waited for news of the report, the McCanns were aiming to spend today as routinely as possible.
 
Mr McCann, a consultant cardiologist, intended to 'go to work as normal' at the Glenfield Hospital in Leicester.
 
Madeleine vanished only six days before her fourth birthday on 3 May last year. Her parents, both 40, launched an international campaign to search for her.
 
Fourteen months on, the Policia Judiciaria is no closer discovering what happened to her.
 
It is understood that even if the case is shelved, the files will be periodically reviewed and could be reopened if new evidence emerges.
 
Once they are cleared, the McCanns, who have two other children, twins Sean and Amelie, will fight for access to all the police documentation to give to their own private investigators so they can continue the search for their daughter.
 
The couple have already secured access to some of the files on the case after Leicestershire police agreed to share 81 pieces of information with them - relating to tip-offs and possible sightings - received in the early stages of the investigation last year.
 
The two parties reached the compromise at the High Court in London earlier this month.
 
Clarence Mitchell, the spokesman for the family, said: 'The hope is that they will be given access to the files. This will be a chance to reinvigorate the case.'
 
The McCanns' private investigators, Spanish-based Metodo 3, as well as a British-based agency will now conduct their own inquiries.
 
Madeleine vanished from her family's holiday apartment in the Ocean Club, Praia da Luz, as her parents dined in a tapas restaurant with friends nearby.
 
The third arguido Algarve property consultant Robert Murat, 34, is also expected to have his 'arguido' status lifted.
 
Despite Portuguese legal moves, the McCanns were also bracing themselves today for more emotional turmoil as the policeman in charge of the original investigation was revealed to be publishing a 'tell-all' book this week.
 
Gonçalo Amaral, who was sacked as head of the inquiry in October, took early retirement last month.
 
Mr Amaral, 48, authorised the decision to name the McCanns as official suspects and his book, called True Lies, will be released in Portugal this week.

 
McCanns' arguido drama to end today, 21 July 2008
 
McCanns' arguido drama to end today Irish Herald
 
By Sam Marsden
Monday July 21 2008
 
Kate and Gerry McCann are widely expected to be formally cleared by the Portuguese authorities of involvement in their daughter Madeleine's disappearance today.
 
Portugal's attorney general, Fernando Jose Pinto Monteiro, has promised to announce a "solution" to a case that began when the young girl vanished on May 3 last year.
 
But it is believed that police and prosecutors will be forced to admit they cannot prove what happened to Madeleine and must therefore shelve the inquiry.
 
More than 14 months after the child went missing, Mr and Mrs McCann, both 40, from Rothley, Leicestershire, remain "arguidos", or formal suspects, in the case.
 
In recent weeks Portuguese newspapers, citing anonymous sources, have repeatedly reported that police have not found enough evidence to lay charges.
 
Detectives handed over their lengthy final report at the start of this month for prosecutors to consider whether to bring charges, request further inquiries or close the case.
 
Mr Pinto Monteiro fuelled expectations of a major announcement today when he told reporters in the Portuguese capital Lisbon last week: "The Maddie Case will have a solution on Monday and you will hear of it."
 
It is expected that the police files will be shelved, although they will be periodically reviewed and could be reopened if new evidence emerges.
 
Under Portuguese law the authorities could still maintain the McCanns' arguido status -- but reports have suggested this is unlikely to happen.
 
If the case is shelved, the McCanns, who are also the parents of twins, want their own private investigators to be given access to detectives' papers so they can continue the search for their daughter.
 
Waiting
 
The couple's spokesman, Clarence Mitchell, said they were waiting to hear that the attorney general had to say and would not comment in advance.
 
He added: "Obviously they are aware of numerous reports suggesting that the case is about to be shelved.
 
"If that is the case they hope that it is made very clear that their arguido status is revoked and they hope to gain access to the police files so that their private investigators can continue the search for Madeleine."
 
He added: "At the end of the day that is the most important thing -- finding their daughter and keeping the search going."

 
BBC News coverage with videos, 21 July 2008
 
Madeleine police inquiry shelved BBC News
 
Page last updated at 17:48 GMT, Monday, 21 July 2008 18:48 UK
 
The police inquiry into Madeleine McCann's disappearance has been shelved because of a lack of evidence, Portugal's attorney general has said.