Northern Ireland’s Public Prosecution Service had been due to withdraw proceedings against Soldier F at Derry Magistrates’ Court on Friday.
Solider F has been facing charges of murdering James Wray and William McKinney on Bloody Sunday in Londonderry on January 30 1972, when troops opened fire on civil rights demonstrators in the Bogside, killing 13 people.
Mr McKinney’s brother Mickey challenged the PPS decision to halt the prosecution in Belfast High Court.
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On Thursday, two judges sitting in the divisional court granted leave for Mr McKinney to challenge the decision by way of a judicial review in September.
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