According to court documents issued by Portugal's supreme court, police applied to seize his phone records after learning of the alleged messages. Investigators claim 18 text messages were sent to Mr McCann from an unidentified number around the time Madeleine vanished in Praia da Luz on May 3 last year. It is alleged that 14 messages were texted on May 2 and four more on May 4.
But the McCanns' spokesman Clarence Mitchell said Gerry had no knowledge of the texts and received a handful of calls on his mobile in the days before his daughter disappeared. The documents reveal that public prosecutor Magalhaes e Meneses also sought access to text and phone messages from 10 mobile telephones thought to belong to the McCanns and seven of their friends.
He also asked for a full list of all the calls made between the group from when they arrived in Portugal on April 28 and when the McCanns left on September 9. But the supreme court issued a detailed ruling rejecting the application.
It also revealed that Kate and Gerry McCann could face charges of neglecting their daughter on the night she disappeared. The police inquiry also covers possible abduction, homicide and concealment of a corpse, the documents say.
But Mr Mitchell emphasised the court papers did not mean such a charge would materialise.
He said the couple vigorously denied neglecting Madeleine and welcomed the fact that abduction was also being considered by detectives.
He said: "This court document outlines the areas of the investigation and in no way suggests Kate and Gerry will be facing any such charges. Equally we have heard nothing officially to suggest any such area of investigation is being considered. However, we do note that abduction is apparently one of the parameters and we welcome that because that is what Kate and Gerry and their friends have said and that is what happened. If there is any suggestion of neglect charges being considered that will be vigorously denied because the legal advice that Kate and Gerry have received both in Portugal and Britain is that legally speaking everything they were doing that week was well within the bounds of responsible parenting."
A neglect charge carries a maximum penalty of 10 years. But it is understood for such a charge to stand up the prosecutors would have to show the McCanns intended to neglect Madeleine.