Kate McCann has admitted that listening to claims that she faked her daughter Madeleine's abduction was difficult - but said nothing could be as bad as losing her child.

Speaking as she arrived for a third day of hearings at the main civil court in Lisbon today over a book that claims Madeleine is dead, she acknowledged that this week had taken its toll.

'If I'm honest, our daughter's been taken and nothing's ever going to be as bad as that,' she said.

'It's still been difficult, it's been emotive, because I know what's in the case files, I know what the conclusions are.

'So it's difficult to hear something that's incorrect and inaccurate.

'At the bottom of all this is a little girl, and I think it's important that we don't forget that.'

She spoke after it was claimed yesterday that the 'fairytale' of Madeleine's abduction saved her parents from being charged with neglecting their children.

Kate and Gerry McCann did not face negligence charges because police were too 'distracted' by claims their daughter had been snatched, a former policeman said.

Francisco Moita Flores told the second day of the McCann libel case how police hadn't believed three-year-old Madeleine was abducted from her parents' holiday apartment in Praia da Luz.

Determined to win: Kate McCann (L), her friend Fiona Payne and her lawyer Isabel Duarte (R) arrive at the court hearing today

They were forced to investigate the theory because of the 'media circus' surrounding the case and the political pressure it created, the Portuguese court heard.

He suggested the couple should face neglect charges because they left their children sleeping while they went out for dinner at a nearby restaurant.

Mr McCann flew back to Britain last night to return to work and his wife was accompanied to court today by Fiona Payne, one of the friends on holiday with the couple when Madeleine disappeared.

After yesterday's hearing a clearly angry Mr McCann conceded that he and his wife had been wrong to leave their children, but said mistakes had been made by all involved.

He said: 'We're not harking over mistakes which were made, and particularly mistakes that were made early on and cannot be redeemed.

'What is done cannot be righted... in hindsight we made a mistake by leaving Madeleine and we have to live with the consequences of that. We can't change it.' 

Earlier, Mr Moita Flores had told the court: 'No one believed it was an abduction. It was a fairytale, a fable. If the police only worked on that theory then they would be a bunch of idiots.'

Ordeal: Gerry and Kate McCann talk to reporters as they arrive at court yesterday

Pressure: The McCanns, seen yesterday, were negligent,  Portuguese police say

He said he believed it would have been impossible for an abductor to break into the McCanns' apartment and carry away Madeleine.

'The McCanns should be judged for the neglect of their children. In Portugal this is huge negligence,' he said.

'The accusation was not made. Justice was distracted. How could they not be accused?'

Mr Moita Flores did not work on the investigation and had already left the Portuguese police when Madeleine disappeared in May 2007.

But he was giving evidence on behalf of Goncalo Amaral, the detective accused of libelling the McCanns in his bestselling book, Maddie: The Truth Of The Lie.

Accused of libel: Goncalo Amaral, former coordinator of the Portuguese Judicial Police, arrives at the court

Mr McCann, 41, left Portugal last night to return to his job as a hospital heart consultant.

His wife, also 41, a former GP who has not returned to work since Madeleine's disappearance, is expected to stay in Lisbon until the end of the court hearing. 

The latest courtroom accusations came as Mr Amaral was forced to deny claims he had launched a foul-mouthed attack on the McCanns.

The 50-year-old was caught on camera as he was asked if his book had hurt the couple, and appeared to snarl: 'No, **** the McCanns.'

His outburst was shown by the BBC's regional news programme in the East Midlands, which bleeped out the offending word.

A source said producers were convinced he had sworn, but lawyers for the detective denied he had spoken in English.

His lawyer Antonio Cabrita said: 'I have never heard him use that kind of language.' Asked if he had made the comment, Mr Amaral, 50, replied: 'Never.'

The detective is believed to face financial ruin if the McCanns succeed in their £1million libel action.

The case will be adjourned until February 10, when it will hear from two witnesses who were not available this week before the lawyers sum up their arguments.

The judge, Maria Gabriela Cunha Rodrigues, is expected to send her ruling directly to the McCanns and Mr Amaral before the end of February.

There will then be a full trial on whether the injunction banning the book should be made permanent at a later date, Ms Duarte said.
 

Missing: Madeleine McCann disappeared on May 3, 2007

Gerry McCann in courthouse clash
 

Gerry McCann yesterday lashed out at accusations that the couple had faked their daughter's abduction.

Sickened by police slurs that he and wife Kate were involved in Madeleine's disappearance, the grim-faced father confronted journalists on his way into court.

Asked why they had taken legal action over the claims, Mr McCann turned on a Portuguese television reporter and demanded to know if she was a mother. 'Do you have children?' he snapped. 'Anyone who has children would go through the same process.'

Mr McCann appeared to struggle to control his anger as he returned to hear a second day of allegations.

He said: 'There is absolutely no evidence that Madeleine is dead. Let me finish please.

'There's absolutely no evidence that Madeleine's dead, and there's absolutely no evidence that we are involved.'

Anyone with children would not do this. For a start any decent parent would not have abandoned their kids indoors alone whilst out having a good time at a restaurant.

- davecook, Broadstone, England, 13/1/2010 14:09

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But not everybody would leave children of that age unattended. As tragic as this case is, everbody knows(especially if you have children) that you do NOT, under any circumstances, leave children of this age as they did. Even without the threat of abduction, on holiday, strange place, what happens if one of them wakes up confused????.Perhaps a fire??? This is not being wise after the event, it is knowing what could happen before the event.

- jim, Wirral,UK, 13/1/2010 14:04

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This whole story annoyed me right from the start, how the hell can 2 doctors leave their children alone while they party with friends? If the Mc Cann's were like me and you they would have been blasted and investigated by social services.

- Mr P, Preston Lancs, 13/1/2010 14:03

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'Do you have children? Anyone who has children would go through the same process.'

Yes Mr McCann. And anyone who had children would not leave them unattended to go off quaffing chardonney with their wealthy friends.

- simon, Barcelona, Spain, 13/1/2010 14:03

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I still pray for Little Maddy's save return. there is NO- real evidence she is dead. I will believe the McCann's untill is proven otherwise, people say that it is stupid they still try to make the headlines after almost 3 years, WHOU WOULDNT if their precious child was missing. Wouldn't you try teh same? They luck they have is that Madeleine is just such a precious and goodlooking kid, a kid who can be on the front of the paper. Why not help them and their search for Madeleine. Even if she's dead, and dumped somewhere we need to know the truth so her family can lay her to rest and start to grieve.

Anyways, I am still praying and hoping for her save retrun. Wouldn't you want that for your child?

With much prayers from holland,

- Mies, Holland, 13/1/2010 13:56

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Anyone with children would never ever leave them in an apartment block in a different country (or even at home) by themselves.

I am appalled that they are blaming everyone else when really they should look a little closer to home.

Maddie wherever you are I hope you are safe and well xxx

- Victoria, Kent, 13/1/2010 13:54

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There seems to be no evidence either way!

If the Mccanns want to think Madeleine is alive, that´s up to them.
It´s their insistence that everyone else believes it that is incomprehensible.

- diddy, expat, germany, 13/1/2010 13:54

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Why is this case not re-opened?

- Ann Morris, Chester. Cheshire, 13/1/2010 13:53

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A pretty direct question by the reporter, and perhaps with an angle to it. However, Gerry and Kate would have known in advance that the circumstances surrounding Madeleine's disappearance will be the focal point of the case, and that it will dredge up all sorts of emotional feelings re that fateful Thursday 3rd May 2007.

How the case will conclude is hard to predict. I personally think both sides need to prove beyond reasonable doubt that - 1) Madeleine is dead, or 2) Madeleine is alive. They can't both be right.

- Pip, United Kingdom, 13/1/2010 13:46

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Anyone with children would stay with them whilst on holiday.

I wholeheartedly support the Portugese police.

- JoJo, swansea, 13/1/2010 13:40

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'Anyone with children would do this'

...like leave them alone and unattended in an unlocked apartment in foreign country to go out and drink?

Sad little angel, hope you are happy and taken care of wherever you are.

- blondé, Budapest, 13/1/2010 13:40

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They left her and her two year old twins (for God's sake WHY?) whilst they were drinking at a Tapas bar.

- Carol, Liverpool, 13/1/2010 13:37

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Time they accepted responsibility for their actions which left a little girl with her siblings unattended and vulnerable.

- Gordon Powling, Bury St Edmunds England., 13/1/2010 13:36

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Not everyone with children would leave them unattended in an apartment whilst swanning off to have dinner out of their line of sight or sound either!

- White Dragon, Bristol, England, 13/1/2010 13:27

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In a foreign country and leaving not one but 3 infants in unlocked rooms whilst the parents join their friends for drinks and dinner well away from where the children are. The rooms being out of sight from where the parents dined.

What responsible parent would do that ?. You would not even do it in England if caring parents.

- Pip Waller, North Yorkshire, 13/1/2010 13:26

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'Do you have children? Anyone who has children would go through the same process.'

I am sorry Mr. McCann but this wornout statement is idealistic and quite simply not true.

Fortunately a lot of parents are very caring, but there are plenty of people with children who do not care sufficently for, or about their offspring.

There are also plenty of childless people who are wonderfully compassionate and caring towards children.

I am truly sorry for what you've been through but don't attack others based on their parental status, remember, you're the parent that left a child alone.

- Fi, Sydney Australia, 13/1/2010 13:12

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....and equally there is no evidence to say that she is alive either.

- Crissy, Derby UK, 13/1/2010 13:08

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how is this court case going to help in the search for their daughter?? I am sorry sorry for Madeleine, and we all have our opinions on what happened, but suing a police detective in his own country where free speech is honoured? The evidence was so muddled that no one can prove anything either way and I think they should leave Amaral alone and get on with looking for their daughter.

- cybergran, sant carls,spain, 13/1/2010 13:06

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'Anyone with children' would NOT leave them all alone, despite what the McCann's would like us all to believe.

- S, UK, 13/1/2010 13:01

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err - Not every parent would leave 3 children under 4 years alone at night in a forign country, or even in their own home.

- GG, Snowy Yorkshire, 13/1/2010 12:59

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' Anyone who has children would go through the same process.'

Anyone who has children........WOULDN'T Leave them Home alone either !!!

- Jo, Chester, 13/1/2010 12:57

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'Anyone with kids' would have not have abandoned them whilst you enjoyed your tapas gerry

- christopher Tracy, bath, 13/1/2010 12:56

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Anyone with children would not have left them alone while they went out socialising.

- Stephen John, waterlooville, 13/1/2010 12:53

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Actually Mr Mcann, anyone with chidren usually supervises them continually, not leave them alone while they go out.

- Lorna Collins, Bournemouth, 13/1/2010 12:50

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Most people would not have left their children alone in the first place

- John, Doncaster, 13/1/2010 12:48

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