Former director of public prosecutions James Hamilton has told the High Court there was insufficient evidence to charge Ian Bailey with the murder of Sophie Toscan Du Plantier.
Mr Hamilton also said that no further evidence came to light in subsequent years that was significant enough to change his decision.
Mr Hamilton was giving evidence in Mr Bailey's action against gardaí and the State for wrongful arrest during the investigation into the murder of Ms Toscan du Plantier in Cork in 1996.
Mr Hamilton was appointed DPP in 1999 and was given a file prepared for his predecessor on the case.
He said the decision not to prosecute was not always a final one.
Mr Hamilton said gardaí would sometimes uncover new evidence through advances in technology or science, but that had not happened in this case.
He said he communicated his decision and the reasons behind it to gardaí.
In cross-examination, Mr Hamilton disagreed that a decision not to prosecute was based on the likelihood of a jury bringing in a decision to convict.
He said the DPP's decision was based on whether or not a case would even make it to a jury trial.
It was not as high a standard as that required for a jury to convict, he said.
He said: "Investigators act on suspicion. We have to act on evidence."
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