Loyalist 'supergrass' Gary Haggarty will take the stand to give evidence against a former associate, in what is expected to be the only prosecution to arise from the former UVF commander's testimony.
James Smyth, 51, from Forthriver Link in north Belfast, is expected to appear in court early next year charged with the murders of two Catholic workmen in North Queen Street in 1994.
Eamon Fox, 44, and Gary Convie, 24, were shot dead by the Ulster Volunteer Force (UVF) as they ate lunch in their vehicle close to the loyalist Tigers Bay area, a third man was injured in the attack.
Director of Public Prosecutions (DPP) Barra McGrory QC said last month that 13 suspects, including two former police officers, would not be prosecuted on Haggarty's testimony because of questions over his reliability as a witness.
However, Mr McGrory said yesterday that one man will now stand trial after a review of corroborating evidence in the case produced a "reasonable prospect of conviction".
"I am satisfied that there is independent evidence which is capable of supporting his (Haggarty's) identification of the suspect", said Mr McGrory.
It is believed that there is additional DNA, forensic and eye witness evidence available in the double murder of the two workmen that will be supported by evidence provided by Haggarty in the witness box.
Smith had been originally charged with the double murder along with Mark 'Gutsy' Campbell, however, the PPS withdrew the charges 'without prejudice' in May 2015 to allow further investigation to take place.
Campbell, originally of Canning Place in north Belfast, died last April of a suspected drug overdose. He had been living in Islandmagee at the time after a fall-out with loyalists in the Tigers Bay area.
He was suspected of driving the getaway car used in the double murder. Haggarty has already admitted to having the Sten submachine gun used in the attack.
As well as the double murder, Smith is also to be charged with the attempted murder of an individual known as witness A, possession of a firearm and ammunition with intent to endanger life, and membership of the UVF.
Mr McGrory said: "I have concluded that there is a reasonable prospect of conviction and that the test for prosecution is met.
"I confirm that we intend to use assisting offender Gary Haggarty as a witness in this prosecution."
Two other men suspected of involvement in the murder of pub doorman John Harbinson in 1997 will not face prosecution due to a lack of additional independent evidence, the PPS also announced yesterday.
Haggarty, 45, pleaded guilty earlier this year to 202 terror offences, including five murders; over 300 further offences were taken into consideration.
He is due to be sentenced at some stage this year but is expected to walk free, having already served three and a half years in custody on remand - the equivalent of a seven-year sentence.
Due to the terms of the Good Friday Agreement, Haggarty would only be expected to serve two years for all offences committed before 1998, that includes five murders and five attempted murders, time he has already served on remand.
He will also be entitled to up to 70 per cent reduction in any jail term handed down for post 1998 charges because he has been accepted as an assisting offender.
Mr Fox's son Kieran yesterday raised questions about the use of the Serious Organised Crime and Police Act to prosecute Troubles murders saying "I feel this is just a token gesture."
"If the DNA and eye witness evidence exists, why then were these people not prosecuted 23 years ago, why have my family been forced to wait all this time, one suspect has died. Why does justice for my father's murder rest on the word of an informer?"
Solicitor Pádraig Ó Muirigh, who represents the Fox family, said that the fact there are no police officers to stand trial means "the entire picture will never now emerge".
"Ten years after the release of former Police Ombudsman Nuala O'Loan's report into police collusion with the Mount Vernon UVF it would appear that police officers remain untouchable", he added.
