Read the edited transcript of the judgment

The parents of Madeleine McCann are being investigated for possibly neglecting their daughter on the night she disappeared from their Portuguese holiday apartment, it has been revealed.

The first published court ruling on the Madeleine case confirms that the police inquiry covers homicide, abandonment, concealment of a corpse and abduction.

The reference to “abandonment” suggests that Portuguese detectives are investigating if there is evidence that Kate and Gerry McCann were negligent in leaving their daughter alone on the night she was reported missing. The charge carries a maximum 10-year jail sentence.

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Mr and Mrs McCann, both doctors from Rothley, Leicestershire, have strenuously denied negligence and said they were just 50 yards away at the time their daughter was taken.

The court ruling also reveals that the public prosecutor wants access to the content of text, audio and video messages from 10 mobile telephones believed to belong to Kate and Gerry McCann and seven of their British friends.

Investigators are particularly interested in the content of 18 text messages allegedly sent from an unidentified mobile number to Mr McCann between May 2 and 4 last year. They also want details of all calls made between members of the group between 8pm on May 3 and midday of the following day.

Madeleine was reported missing at 10pm on May 3 from her bedroom at the Ocean Club resort in Praia da Luz. Her parents and their friends had been dining at a Tapas restaurant while Madeleine and her twin 18-month-old siblings were asleep.

The investigation has been covered by Portugal’s strict laws on judicial secrecy which meant that even Mr and Mrs McCann, who were made official suspects last September, have been unable to access details of the inquiry or any evidence against them.

However, details of the investigation have emerged in a court judgment, seen by The Times, after prosecutor Magalhães e Meneses was refused access to the content of the group’s telephone messages.

He had requested a “complete listings of all telephone traffic to calls made to and from” numbers between April 28, when the group arrived in Portugal, and September 9, when the McCanns left the country. He also sought details of the locations of the mobile telephones which would allow detectives to recreat the movement of the group.

The request for access to the messages was rejected by instructional judge Pedro Frias at the court in Portimão. He said it would breach the right to privacy and that Portuguese law did not allow for the retrospective interception of telephone calls.

The Évora Supreme Court of Justice has now rejected the prosecutor’s appeal and published its reasons, giving the first glimpse into the investigation.

Judge Fernando Ribeiro Cardoso rejected the application, saying: “The details of the content of the messages can only be objected to interception in real time, with due judicial authorization.”

Portuguese police had hoped to stage a reconstruction of the events surrounding Madeleine’s disappearance tomorrow. However, they have been forced to abandon the re-enactment after some of the McCanns friends said they could not see the value in returning to Portugal to take part.

Clarence Mitchell, spokesman for the McCanns, said: “We are pleased to see that the investigation covers abduction. Kate and Gerry have had legal advice in both Portugal and Britain which say that everything they did was within the boundaries of reasonable behaviour.”

He said that Mr McCann had no knowledge of the texts referred to on May 3 and 4 and had received only a few calls on his mobile in the six days the family had been in Portugal prior to Madeleine disappearance.

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