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Madeleine campaign will not fund legal battle

  • Story Highlights
  • The McCanns will not use public donations to fund their legal battle
  • Authorities request to seize diaries belonging to the family, it is reported
  • A paper claims Madeleine's toys could be taken by police for analysis
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(CNN) -- The parents of missing four-year-old Madeleine McCann will not use public donations raised to help find the little girl to fund their legal battle, a spokesman for the parents has said.

Kate and Gerry McCann have been seeking legal advice from top lawyers since they were made "arguidos" -- or formal suspects -- over the disappearance of their daughter.

Speaking from the McCann's home village in Rothley in Leicestershire, spokesman David Hughes said: "They have decided not to seek to use those funds for their legal support," the Press Association reported.

In other developments, a prosecutor has applied for the judge hearing the case to seize diaries and correspondence belonging to the McCanns, Portuguese newspaper Jornal de Noticias reported.

It has been speculated that the dairies in question are those kept by Kate McCann.

Another paper also claimed police intend to take some of Madeleine's toys for analysis.

The McCanns reported Madeleine missing on May 3 this year while on holiday in Praia da Luz, in southern Portugal.

Authorities found Madeleine's blood in a car the family rented 25 days after reporting her disappearance in May, a family spokesman said.

And the Portuguese television station SIC, citing police sources, reported that DNA matches to the girl were found in the car.

Portuguese Law

• Formal suspect called "arguido," or "arguida" for a woman
• An "arguido" has more legal rights than a witness, including right to remain silent and have a lawyer
• Some people request to be declared "arguido" to get this protection
•Police must declare a witness an "arguido" before asking certain questions or making an arrest
• Courts may restrict movements of an "arguido"
• An arrest or charge does not always follow someone being named an "arguido"

The couple have not been charged with any crime and have vehemently denied any wrongdoing.

Under Portuguese law, investigators can pose certain types of questions to arguidos who, in turn, get legal protections that are not extended to witnesses.

Portuguese paper Diario de Noticias has claimed that police intend to seize Madeleine's favorite toy -- Cuddle Cat, which her mother has been seen clutching since the girl went missing.

Mr McCann's sister, Philomena McCann, said to take the toy would be a "disgrace", the Press Association reported.

"It would be extremely distressing for Kate because she has seen it as a symbol of her daughter since she went missing," she said.

"Why on earth do they ask for the toys now? Why didn't they think of this before?

She continued: "Everything with the Portuguese police is an afterthought. Everything they have done has been too little, too late. It is a disgrace they even asked for Cuddle Cat."

On Tuesday the prosecutor handed the files on the case of Madeleine McCann over to the judge.

A spokesman for the prosecutor's office, Luisa Duarte, would not say why the files were being handed to the judge.

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The options could include authorizing further search warrants or changing the status of the girl's parents.

If they are charged, the McCanns -- who left Portugal Sunday to return to their home in Rothley, England -- will have five days to present themselves to police in Portugal, police Chief Inspector Olegario de Sousa said. E-mail to a friend E-mail to a friend

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