Solicitors defending a man accused of the murder of Paul McCauley have lodged an application to have the murder charge dropped.
Piper John McClements, of The Fountain, is charged with the murder of Mr McCauley on June 6 2006.
Mr McCauley was attacked and beaten at a barbeque in the Chapel Road area of the Waterside.
He remained in a vegetative state for nine years before his death in June this year.
McClements was previously convicted of causing grievous bodily harm to Mr McCauley and served a prison sentence for this.
A previous court hearing was told this was the first case of its kind in Northern Ireland where a person has been convicted of assault and then charged with murder after the victims death.
Today at Derry Court, defence solicitor Seamus Quigley lodged an application for the proceedings against the 25-year-old 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.