Judge refuses to order Kate McCann back to Portugal

The case against the parents of missing Madeleine McCann appeared to be weakening today after a Portuguese judge refused to order Kate McCann to return to Portugal for questioning.

The case against the parents of missing Madeleine McCann appeared to be weakening today after a Portuguese judge refused to order Kate McCann to return to Portugal for questioning.

Portuguese media reported Mrs McCann could be re-interviewed this week by British police acting on behalf of the Portuguese authorities.

But a source close to the family said no formal request had been made to the couple, whose daughter Madeleine disappeared in May.

A source close to the family said: “The report that police have been refused permission to bring Kate back to Portugal is interesting to hear, but so far Kate and Gerry are not aware of any discussion between the judge and police filtering through.”

Earlier the couple’s lawyers issued a statement saying they had received no request for new questioning “to date”.

The judge in the case, Pedro Daniel dos Anjos Frias, rejected prosecutors’ request to have the McCanns brought back to Portugal for further questioning, according to the Correio da Manha newspaper.

A letter of appeal will now be sent to Britain, setting out the new questions Portuguese detectives want to ask the couple, the paper reported.

Portuguese officers are understood to be keen to sit in on any interviews in the UK as observers.

But an unnamed source told the Correio da Manha there was only a “very low” probability this would happen.

A UK police source said it would be “unusual” for British officers to carry out interviews on behalf of a foreign police force but stressed “anything is possible” in a major inquiry.

It is more common for officers from other countries to visit Britain to question witnesses or suspects in person with the assistance of the local force.

It is now 138 days since Madeleine went missing from her family’s holiday apartment in the Algarve resort of Praia da Luz.

Leaked reports have suggested police believe Madeleine’s parents could have accidentally killed her and then disposed of her body using their hire car several days later.

Mr and Mrs McCann, both 39, returned to their home in Rothley, Leicestershire in England, with the twins Sean and Amelie but without Madeleine nine days ago.

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