McCanns may sue Portuguese police for £1m if Madeleine investigation is closed

Last updated at 11:32am on 9th November 2007

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Kate and Gerry McCann could sue the Portuguese police for failure to find their daughter, it was claimed yesterday.

The couple could sue for an estimated £1million if the investigation is closed, it was reported.

Their spokesman Clarence Mitchell said it was something the couple's legal team might consider in the future.

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One of the Portuguese lawyers acting for the McCanns, Rogerio Alves, told the newspaper Diario de Noticias: "What has to be done will be done in due time."

A second member of their legal team, Carlos Pinto de Abreu said such a move was "technically possible" but would be difficult in practice.

It would rely on the McCanns being able to prove that Portuguese police had failed to act on information which could have led them to Madeleine.

One of the witnesses who claims to have seen the four-year-old in Morocco has told how police refused to investigate her sighting, saying: "It can't have been Madeleine because we believe she's dead."

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Other witnesses have complained that Portuguese police never returned their calls or investigated their sightings.

Mr Pinto de Abreu said: "You would have to prove that it was intentional. It is very, very difficult, almost impossible to do.

"Only if you had information that someone had said they knew where the child was and the police had taken no action.

"It wouldn't be easy but it would be possible."

Asked if it was something he would consider on behalf of the McCanns, he said: "I cannot think about it."

The lawyer said it would not be possible for the couple to sue the Portuguese state for defamation over the decision to make them suspects in their daughter's disappearance.

He said: "The officials have always said that all lines of the investigation remain open.

"That is quite a cautious opinion. That's all they've said."

The couple's spokesman Clarence Mitchell said: "It is something for their lawyers to consider further on down the line.

"The only way this case will close for Kate and Gerry is when Madeleine is found safe and well."

There has been speculation that the case could be closed as early as Christmas