McCanns may use Madeleine fund for defence

Madeleine McCann's parents want to use the £1 million fund donated by the public to help pay for their defence.

• Full coverage: The search for Madeleine McCann

The six directors controlling Madeleine's Fund will meet within the next 24 hours to discuss whether to release the money if the McCanns are charged.

The move could anger many donors who handed over money believing it would be used solely to help find the missing four-year-old.

If it is decided not to use the cash, the McCanns face financial ruin.

They are thought to earn around £120,000 a year but have not worked since May.

Mr McCann, a cardiologist, has been on unpaid leave and Mrs McCann has given up her role as a GP.

With no income and facing huge legal bills for a fight that could last several years, the couple will have to find the money from other donors, their family or through drastic measures like selling their house.

They are keen for the money to be released after hiring a senior legal team including Michael Caplin QC, who has represented a string of high-profile clients such as General Augusto Pinochet.

One director, Esther McVey, a former television presenter, said: "At the moment none of the fund has been used to pay for the defence case. But we are convening a meeting to decide if it can be used.

"When the fund was set up, one of its stated aims was to provide financial support for Madeleine's family as they searched for her.

"We are uncertain if the use of the money to pay for lawyers in these unexpected circumstances would be in the spirit of that aim. We will be taking advice from a barrister."

Miss McVey, 39, a friend of Mrs McCann's since their student days, refused to comment on whether people had begun asking for their money back after the McCanns were named as formal suspects.

Because the fund is a private business and not a registered charity, the money is not ring-fenced for a particular purpose and there is little to stop the McCanns using the money for legal fees.

The Charity Commission ruled that the fund could not be registered because its aims were not broad enough. Instead, Madeleine’s Fund: Leaving No Stone Unturned Ltd, was set up as a company. It means that the McCanns only have to get the directors' consent to access the cash.

As well as Miss McVey, the board includes Doug Skehan, 54, a clinical director of cardiology at Glenfield Hospital in Leicester and colleague of Mr McCann, Peter Hubner, 64, a retired consultant and Philip Tomlinson, 76, a lawyer, both of whom are friends.

John McCann, 48, Mr McCann's brother, and Mr Kennedy are also directors but Miss McVey said they would not be able to vote because they are family members.