The former British army intelligence officer, Mr Colin Wallace, will not face a retrial for the manslaughter of his friend 16 years ago, the Court of Appeal in London decided yesterday.
Mr Wallace (53), whose conviction was quashed last week, had been facing the prospect of a retrial after the Crown Prosecution Service made it clear it was not satisfied the question of who killed Jonathan Lewis, an antiques dealer, had been fully answered and demanded a full inquiry into the case.
But the Lord Chief Justice, Lord Bingham, said he doubted whether a retrial so long after the event was practicable since many aspects of the case would have to be reinvestigated. He said: "There would be great difficulties in the path of the defence and the jury in satisfactorily addressing these matters. Despite the submissions made properly by the Crown, the interests of justice in this case are not so much as to persuade us that we should order a retrial.
After the verdict, Mr Wallace said: "I'm very pleased that the whole appeal has now been finalised. Quite clearly, the Crown decided to ask for a retrial to capitalise on public opinion and try to create the impression that there was still some doubt. But I will keep on fighting for a full inquiry because, in fairness to Jonathan and his family, there is no alternative."
Mr Wallace repeatedly denied any involvement in the killing of Mr Lewis and maintained he had been framed by MI5 agents because he exposed details of the British government's black propaganda campaign in Northern Ireland during the 1970s.
He also claimed he was sacked from the army in 1975 because he had threatened to expose how the security forces had covered up sexual abuse at the Kincora boys' home in Belfast.
He had served six years of a 10 year sentence for the manslaughter of Mr Lewis.