The man whose jury conviction for murdering musician Andy Marshall at Cottesloe's OBH pub was quashed will have his retrial heard by a judge alone.
The Supreme Court's ruling today means that Stefan Schmidt will face another murder trial over the same incident but without his verdict being decided by a jury panel.
Mr Schmidt, who had links to an outlaw motorcycle gang, was originally found guilty of murdering Mr Marshall in May 2011 after he pushed the musician at the beachside pub and allegedly caused him to fall through s second storey glass window and to his death on the outside pavement.
The verdict had resulted in a life jail term with at least 14 years but the conviction was then quashed on appeal.
A retrial has been set for May 19 and would normally play out in front of another jury but lawyer Simon Watters argued that only a judge should hear the case alone.
Mr Watters had suggested that any jury would be aware of his client's previous conviction and bikie links, jeopardising a fair trial.
The Supreme Court today agreed and lifted a suppression order that had banned reporting on the submission and also on mentioning Mr Schmidt had links to the Rock Machine bikie club.
Mr Schmidt remains in custody pending the retrial.