A court has ordered the release without bail of former president Hosni Mubarak over charges of complicity in the killing of protesters during Egypt's revolution.
The decision came after defence lawyer Fareed El-Dib submitted a memorandum stating his client had already spent two years in provisional detention, which is the maximum allowed under Article 143 of the criminal procedures law.
The prosecution agreed with El-Dib's argument, saying there is no need to keep Mubarak in detention.
The judge said Mubarak could go home so long as he is not wanted for other crimes. However, he will remain in prison pending investigations into separate corruption cases.
Last June, Mubarak received a life sentence for failing to protect peaceful protesters during the January 25 Revolution, but in January was granted a retrial due to procedural irregularities in the initial trial.
Hosni Mubarak was arrested on 12 April 2011.
On 7 April, Prosecutor-General Talaat Abdullah announced Mubarak would be detained for an additional 15 days pending investigations into new charges related to the illegal use of state funds.
The judge overseeing the retrial recused himself on Saturday and referred the case to the Cairo Appeal Court. The new date of the retrial is still unknown.
Also facing retrial for their role in the killing of protesters during the revolution are former interior minister Habib El-Adly, and six of his aides.
Since his detention in April 2011, the ousted president has complained of health problems and has been moved back and forth from the hospital at Tora Prison to Maadi Military Hospital.
On Saturday, Prosecutor-General Abdullah requested that Maadi Military Hospital transfer Mubarak back to Tora Prison hospital if his health permits.