His murder committal hearing over the disappearance of his wife, Kath, 37, was due to start before magistrate Peter Couzens with the likely duration being two weeks.

She disappeared on August 18, 2002, from her Wangaratta home and her body has never been found despite extensive searching by police.

Mr Bergamin, 46, appeared briefly in court after DPP representative Peter Rose QC made an application to withdraw the charge and conceded a costs application.

Barrister Phil Dunn QC appeared for Mr Bergamin and sought the payment of “reasonable costs” within three months.

Mr Couzens struck out the murder charge and awarded costs against the Chief Commissioner of Police.

Mr Bergamin’s solicitor, Brian Rolfe, said outside court that the DPP had recently reviewed the entirety of the evidence against Mr Bergamin.

Mr Rolfe said shortcomings and weaknesses of the case were identified and a number of meetings were held with Mr Rose.

Submissions were subsequently prepared on behalf of Mr Bergamin by his legal representatives about the case against him.

It was referred to the Victorian Director of Public Prosecution, Paul Coughlan QC.

Mr Rolfe said it was conceded there was insufficient evidence to run a committal hearing and there was no real expectation of Mr Bergamin being committed for trial.

“On behalf of Mr Bergamin and his family, they are pleased it has come to an end and they can get on with their lives,” Mr Rolfe said.

Mr Bergamin was charged with his wife’s murder on March 24 last year and taken by homicide squad detectives from his farm to Myrtleford Court.

He was flanked by two uniformed police and three detectives when he appeared in court and no application for bail was made.

Police were requested to prepare a brief of evidence by June 2 and the case was adjourned to Wangaratta Court on August 3.

Mr Bergamin was granted bail in the Supreme Court little more than a month later.

Justice Betty King granted a bail application on April 26 when the evidence against him was canvassed.