RTÉ News has learned that the retrial of Co Monaghan man Dermot Laide for the manslaughter of Brian Murphy outside Annabel's nightclub in Dublin six years ago will not go ahead as planned on Monday.
The Director of Public Prosecutions is expected to inform the court that he is not proceeding with the prosecution.
Mr Laide was the only one of four co-accused who was convicted by a jury of killing Brian Murphy outside Club Annabel at Dublin's Burlington Hotel in August 2000.
He was jailed for four years in 2004, with a two-year concurrent sentence for violent disorder.
The trial of the four, all former students of Dublin's exclusive Blackrock College, became one of the most high profile of this decade.
Mr Laide and Sean Mackey served jail terms - Mackey for violent disorder.
The Court of Criminal Appeal found that Dermot Laide's manslaughter conviction was unsafe and should be set aside but they ordered a retrial.
Brian Murphy's family was informed by gardaí of the DPP’s decision last night.
The DPP is not obliged to explain his decisions.
However, it is understood that prosecuting this case before a jury would have been extremely difficult without the evidence of the former State Pathologist Dr John Harbison.
Dr Harbison cannot testify due to illness.