The defence team for Piper John McClements, accused of murdering Paul McCauley on June 6, 2006, have lodged an application to have the charge dropped.
McClements (25), of The Fountain, was previously convicted and served time in jail for causing grievous bodily harm to Mr McCauley.
Solicitor Seamus Quigley lodged an application for the proceedings against to defendant to be nullified.
The case was adjourned to allow the Public Prosecution Service to respond to this application.
McClements was released on continuing bail to appear in court again on October 26.