The photographer accused of planting a listening device in Nicole Kidman's house from Sidney, Australia, won the DNA appeal yesterday.
Jamie Fawcett, 43, was spotted by the security cameras near the actress' house, at the time it is supposed the device was planted.
The photographer has been ordered in April by the Waverley Local Court to provide a DNA sample, to compare it with the DNA found on the microphone.
But Fawcett has appealed the decision to the New South Wales state Supreme Court, claiming there are no evidences of breaking any law, and won.
"There was no evidence before the court that the device was ever used or caused to be used to record or listen to a conversation," Judge Michael Grove said in his judgment at New South Wales Supreme Court.
The judge also ordered Detective Malcolm Nimmo, the one who brought the matter to court, to pay Fawcett's legal costs.
Mr. Fawcett told reporters outside the court: "I'm really happy common sense has prevailed. I thought that for a long while this has just gone on and on and I'm really glad it's over."