KATE and Gerry McCann face fresh heartache after judges said they had not been cleared over daughter Madeleine’s disappearance.

Portugal’s Supreme Court has said the removal of their “arguido” — or formal suspect — status should not be “equated to proof of innocence”.

The country’s most senior judges claimed the investigation into them was only shelved in 2008 because of a lack of evidence.

And they said there were “serious concerns” over the theory that Madeleine had been abducted from their Ocean Club apartment in Praia da Luz, in May 2007.

The comments were made in the Supreme Court’s 76-page dossier after handing victory to ex-detective Goncalo Amaral in an ongoing libel case last week.

The McCanns got Amaral’s book The Truth of the Lie banned and sued for libel after he alleged they faked Madeleine’s abduction to cover up the then three-year-old’s death.

But he is writing a second book about Madeleine’s disappearance — and the McCanns have said they will sue again if it is published in Britain.

Kate and Gerry, both 48, were made arguidos in September 2007. But their status was lifted in July 2008 when Portuguese police archived the investigation.

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The Supreme Court is Portugal’s highest court but has no criminal authority. It published its ruling yesterday.

Judges added their job was not to decide if the McCanns bore any criminal responsibility over Madeleine’s disappearance.

And they said it would be wrong to draw any inferences about the couple’s guilt or innocence from their ruling.

Kate and Gerry, of Rothley, Leics, did not want to respond to the judges’ findings last night.

A spokesman said: “It’s entirely a matter for their lawyers.”

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