The prosecution in the trial of eight Co Antrim men accused of murdering RUC Constable Greg Taylor is not to oppose a defence application to stop the case against one of them.
Defence QC Mr Charles Adair told the Lord Chief Justice, Sir Robert Carswell, in Belfast yesterday the prosecution was not opposing his application for a direction in the trial of Mr Mark McIntyre (29), of Charlotte Street, Ballymoney.
His comments came as lawyers for all eight men asked the Lord Chief Justice to stop their trial and acquit them for lack of evidence.
Mr Arthur Harvey, for Mr Leslie Henry (31), Eastburn Crescent, Ballymoney, said his client had been in an "exceptionally drunken state".
Mr Harvey added: "He could not have appreciated that by aiding and abetting others, it would have led to the death of Constable Taylor"; the same could be said for Mr Alistair Stevenson (31), of Vow Road.
Mr John Orr QC claimed no Crown witness indicated Mr Samuel Coulter, Semicock Park, "kicked, punched, or slapped, or pushed, indeed made any contact with Mr Taylor".
The 41-year-old policeman was beaten and kicked by a mob in Ballymoney on June 1st last year.
The Northern Ireland pathologist, Prof Jack Crane, agreed with defence lawyers that Constable Taylor might have survived the attack but for being "at least moderately intoxicated". He said: "Indeed, if he had not been intoxicated there is the likelihood that death would not have occurred."