Christian Brueckner, the German man who is the only suspect in the disappearance of Madeleine McCann, could walk free in a matter of days.
A paperwork mix-up could reportedly see Brueckner walk out of jail.
Lawyers have now claimed the 43-year-old convicted paedophile should never have been tried for the rape of a woman in 2005.
Reports state his lawyers claim the charge was not added to the European arrest warrants used to extradite him from Portugal to Germany.