By Debbie Emery - Breaking Celebrity News Reporter

Murder suspect Gary Giordano will be a free man on Tuesday after a judge in Aruba rejected a request to detain him a further 30 days, but he is not celebrating his impending release yet, Breaking Celebrity News has exclusively revealed.

"He is still very concerned, he will only feel relieved when he is on a plane going back home," the Maryland businessman's attorney Chris Lejuez told Breaking Celebrity News in an exclusive interview.

As Breaking Celebrity News previously reported, Giordano was arrested August 5, three days after he told authorities his traveling companion from Maryland, Robyn Gardner, had gone missing while they were snorkeling.

Her body has never been recovered, and Aruba's Solicitor General Taco Stein called Giordano a "suspect in a suspicious death."

"The prosecution requested an extension for further investigation but the judge refused the request. That means he should be set free tomorrow at 8 p.m.," explained Lejuez, who doesn't know what his client's plans are and if he will leave Aruba immediately.

"Once he is free he can do as he pleases. I am very happy for him."

The attorney revealed that the lack of evidence was key in the judge's decision that was made on Friday.

"They haven’t found anything so far, they came up with lots of hypotheses but none of it produced any evidence that a crime has been committed or that Gary committed a crime," he told Breaking Celebrity News.

"If you want to charge a man with murder you have to prove a murder has been committed and then you have to prove the man did it. The results of the investigation have proved his version of the events to be true."