The jury in the trial of four men accused of killing Dublin student Brian Murphy has been told to find one of the men not guilty of manslaughter.
The ruling by Judge Michael White in the Dublin Central Criminal Court today means Mr Andrew Frame (22), from Nutley Lane, Donnybrook, now faces a single charge of violent disorder.
Mr Sean Mackey (23), South Park, Foxrock, Mr Desmond Ryan (23), Cunningham Road, Dalkey - all of Co Dublin - and Mr Dermot Laide (22), Rossvale, Castleblayney, Co Monaghan, still face the charge of the manslaughter of 18-year-old Mr Brian Murphy at Sussex Road on August 31st, 2000.
The four former Blackrock College students all denied manslaughter and also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Judge White ruled the manslaughter charge against Mr Frame should be withdrawn because a conviction would be "completely unsafe" based on the evidence of one eye-witness, Mr Fiachra O'Brien.
The judge described Mr O'Brien's testimony as "unreliable and infirm" and said it would be inappropriate to have the jury deliberate on a charge of manslaughter against Mr Frame.
Earlier in the trial, Mr O'Brien told the court that he witnessed Mr Frame throw a running punch at Mr Murphy on the night he was killed outside the Burlington Hotel. He said the accused was wearing a long-sleeved blue shirt and that his hair was a shade of blonde.
Mr O'Brien had also told the court he was very drunk on the night and he had told gardai this when he was making his statement.
Judge White ruled that his evidence was unsafe because it was not corroborated by any other witness and Mr O'Brien was the only person who placed Mr Frame in the main group assaulting Mr Murphy.
The trial continues.