Jurors in the trial of the former Sheffield Wednesday club secretary accused of offences related to the Hillsborough disaster will be directed to return a not guilty verdict for one of the charges he faces.
Graham Mackrell, 69, is standing trial alongside police match commander David Duckenfield and had been accused of two safety offences.
But today, the judge told the jury at Preston Crown Court he would direct them to return a not guilty verdict at the end of the trial in respect of a charge of contravening a term or condition of the stadium's safety certificate.
He had been accused of breaching the safety certificate by failing to agree the methods of admission to be used for the west and north-west terraces ahead of the FA Cup semi-final on 15 April 1989.
Richard Matthews QC, prosecuting, said: "The Crown, at the close of its case accept there is insufficient evidence upon which Mr Mackrell can be convicted upon count two."
Mr Mackrell, who was the club's safety officer at the time of the disaster, remains on trial charged with failing to discharge a duty under the Health and Safety at Work Act.
Former chief superintendent Mr Duckenfield, 74, denies unlawfully killing 95 Liverpool fans who died following the crush.
Under the law at the time, there can be no prosecution for the 96th person to die, Tony Bland, as he died more than a year and a day after the disaster.