Co Tyrone man Mark Donnelly is set to face a fourth trial for the manslaughter of teenager Jason McGovern during a night out in Omagh.
Prosecutor Simon Reid told Dungannon Crown Court Judge Melody McReynolds yesterday that "the Crown is seeking a re-trial".
Although present in court, but not in the dock, the 23-year-old champion motorcyclist from Greencastle, between Omagh and Cookstown, was freed on continuing bail for a date to be fixed for the trial.
However, the case will be reviewed again at the start of the new Crown Court term in September.
Donnelly will face the same charge he has always denied of causing the unlawful death of 19-year-old Co Monaghan man Jason McGovern.
He was found dead at around midday on New Year's Day 2013 in a friend's home in Mullan, near the border village of Emyvale.
Hours earlier he had been knocked unconscious during a night out in Omagh town centre.
Last month the second of two juries failed to reach a verdict in the case in which Donnelly maintained his innocence, saying he was wrongly identified as being a man in a white shirt who threw a punch.
An earlier trial was aborted before the jury had heard any evidence.
No members of the victim's extended family were present in court yesterday for the decision to re-try his alleged attacker again.
