The Director of Public Prosecution (DPP) will not be seeking further prosecutions in relation to the death of Brian Murphy, the teenager who died after a fight outside Dublin's Club Anabel in August 2000.
An inquest into his death is now set to resume on September 18th.
In a decision described by the victim's family yesterday as disappointing but not unexpected, an adjourned inquest hearing was told by Dublin city coroner Dr Brian Farrell that the decision followed detailed consideration of documents relating to the case.
These included the postmortem report of former state pathologist Prof John Harbison and the deposition of current State Pathologist Prof Marie Cassidy, who had reviewed his report.
Speaking to The Irish Times yesterday, Mr Murphy's father,Denis, said the family were informed of the DPP's decision not to prosecute in early May.
"We would have expected that the State would have prosecuted the case to its conclusion," he said. "We were given the impression last year that it was the medical evidence that the State had a problem with . . . Of course, someone should have been prosecuted."
However, Mr Murphy welcomed the news that the inquest is set to resume in September.
"At least, it will go to a jury of independent people who can give their verdict as to how they believe Brian died."
Last March, the Dublin city coroner ordered the file on the death of the Dublin student outside Club Anabel to be sent back to the DPP. This followed a statement by Prof Cassidy that Mr Murphy's death was primarily caused by head injuries, clarifying her original review of the evidence of her predecessor, Prof Harbison, who had been unable to give evidence because illness.
In the 2004 trial, one of the accused was acquitted of all charges; two were convicted of violent disorder; and one man, Dermot Laide, was convicted of manslaughter and violent disorder. The manslaughter charge was later overturned on appeal and a retrial ordered.
But in April of last year a nolle prosequi (no prosecution) was entered by the State in Laide's case because of "ongoing evidential difficulties".
However, the nolle prosequi had left it open to the State to re-enter the charges at any time.
The resumed proceedings at the Coroner's Court yesterday heard that key witnesses on the night of Mr Murphy's death might not be called to give direct evidence when the full inquest begins in September.
Remy Farrell, barrister for the Murphy family, said the family does not mind whether witnesses are called or whether their depositions are instead read out.
"This is not a situation where the family are pushing for a detailed examination of witnesses," he told the court.
Counsel for the Chief State Solicitor Stephen Byrne may request the coroner to call Prof Cassidy to give further evidence when the inquest opens.