The Court of Criminal Appeal has quashed the conviction of the only man ever convicted in Ireland of raping his wife.
However, the court has ordered a re-trial for the 48-year-old Sligo builder. In the meantime he has been freed on bail.
The man was convicted two years ago and was given a six-year jail sentence.
The appeal rested on the failure to produce at trial a blood sample taken from the man when he was arrested by gardaí and interviewed about the offence.
The court quashed the conviction as being unsafe.