Robert Kelbie, 27, a property developer, was shot and wounded outside Bannatyne’s Health Club at Newcraighall on October 20 during one of its busiest periods between 6 and 7pm.
He was initially treated at the Royal Infirmary of Edinburgh but he later discharged himself.
A 24-year-old man charged with attempted murder was expected to appear at Edinburgh Sheriff Court today (Thur) but the Procurator Fiscal decided further inquiries should be made before any court appearance.
A Crown Office spokesperson said: “We can confirm that the Procurator Fiscal at Edinburgh has received a report concerning a 24-year-old man in relation to an alleged incident on 20 October 2010.
“After full and careful consideration of all the facts and circumstances, the Procurator Fiscal decided he should be liberated pending further enquiries.
“He did not appear in court.”
The man remains charged by the police, but will not appear in court until a further investigation has been pursued.