Charges against a man accused of a ram raid in a stolen truck have been dropped, leading to his release.
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All charges were withdrawn by the Office of Public Prosecutions against Jack McLean in the Wodonga Magistrates Court on Thursday
It had been alleged the career criminal targeted Wodonga TAFE with Ayden Walsh on May 11 last year.
A truck reversed into the building and two people were seen trying to smash and grab an ATM.
They fled with $6710.
Multiple police identified McLean on security camera footage.
Defence lawyer Matthew Page argued on Wednesday there were Supreme Court decisions which found police identifying suspects on CCTV was "pure opinion evidence" and may be inadmissible.
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Magistrate Pauline Spencer flagged that there "seems to be some issues" with the case.
Senior Constable Dan McGrath had told the court on Wednesday there was a "good possibility" it was McLean in the video.
He said it was similar to footage of McLean from a burglary at a Rutherglen service station in 2015.
Acting Sergeant Matt Finger had been involved in a vehicle search involving McLean and Walsh on April 20.
He said he recognised McLean in the TAFE footage due to his "fast, erratic way of movement".
Sergeant Graeme Simpfendorfer said he had known McLean since 2012 and also recognised him in the footage.
Detective Senior Constable Tracy Jarrott said she recognised McLean's "skinny legs" in the security vision.
The magistrate said it was probably the correct decision to drop the charges.
"I know it's probably a difficult decision to make overnight, but I think it's the right decision," Ms Spencer said.
McLean had breached a corrections order, but no further action was taken due to him having served seven months on remand.
Walsh will return to court next week.
McLean said outside court it wasn't him in the footage, he was wrongly accused, and he would change his ways.
