user: By. Daily Mail Reporter. Last updated at 7:25 PM on 25th November 2011. A judge in Aruba has ordered the. release of a U.S. businessman who has been detained over the August. death of his travelling companion. Gary Giordano will be freed on Tuesday without conditions. The 50-year-old employment agency. owner from Gaithersburg, Maryland, has been in jail since August 5, as. investigators sought more time to gather and evaluate evidence over the. disappearance of 35-year-old Robyn Gardner, of Frederick, Maryland. Insurance: Gary Giordano tried to redeem. accidental death policy on missing woman Robyn Gardner, which named him. as a beneficiary, days before their trip to the Dutch Caribbean island. of Aruba. Aruban authorities have said they believe Giordano was involved in the death, Fox News reports. Giordano claims that Miss Gardner was swept out to sea on August 2 while snorkeling. Prosecutors immediately filed an appeal seeking to reverse the ruling and prevent Giordano from leaving jail, Taco Stein, Aruba's solicitor general, said.  A three-judge appeals panel will consider the matter. Giardano's attorney Chris Lejuez said Giordano 'couldn't believe' the decision because he had lost faith and confidence in the Aruban criminal justice systems. 'When I asked him what he really thinks about his release, he started to cry and asked me to excuse him for a few minutes,' the attorney said. He added that he believes Giordano would leave as soon as he is freed. The pair had gone travelling with each other on July 31 after reportedly meeting on a swingers’ website called Adult Friend Finder. Missing: Robyn's travelling partner Gary Giordano is thought to have got angry after reading a text she sent to her boyfriend. Giordano and Miss Gardner were last seen leaving the Rum Reef Bar & Grill restaurant on Baby Beach at about 4pm on August 2. Two hours later, Giordano is seen alone on a security camera, wearing no top but with his toupee still in place. He reported her missing and initially assisted the search but was later detained and arrested at the airport as he tried to flee the country. After Gardner disappeared, Giordano inquired about claiming a $1.5million insurance policy on her life, which he filed on the day before the trip. Shocking CCTV footage emerged showing missing Miss Gardner having a violent fight with Giordano hours before her disappearance. Last movement: This picture was released. by the Office of the Public Prosecutor of Aruba of Robyn Gardner and her. travel companion Gary V. Giordano as they left the Rum Reef Restaurant. Memory: Aruba prosecutors described these as 'the. last known photos of the woman and the suspect' taken on the day the. Maryland woman went missing, to help aid potential witnesses. He is alleged to have threatened to kill his friend while grabbing her by the neck and shoving her into an elevator on the last day she was seen alive. Prosecutors need more evidence to charge him, but witnesses have come forward to claim he was sweating profusely on that August 2 day. They say there was blood next to him on the beach and a large scratch mark on his throat. His father, Frank Giordano has said his son is a 'not a monster' but a 'good human being, who is good to his family'. Prime suspect: Giordano, covering his head while being led to jail from a police station on August 15, is the only suspect in the case. Miss Gardner's boyfriend Richard Forester, 40, said the couple had a row before she left for Aruba. Giordano is said to have read a text on her phone to Mr Forester, which said: 'I love you. I care about you. We'll sort this out when I get back.' A team of cadaver dogs from the Netherlands were brought in at the end of September but were unsuccessful in the search of the Dutch Caribbean island. Hunt for remains: Search parties were eventually joined by cadaver dog teams. Trouble in paradise: Robyn Gardner was seen at this restaurant on the afternoon that she vanished. Police also investigated a report that she was buried alive in a dog’s grave dug up by her lover who taped a plastic bag over her head. In August police released the last photographs of missing Maryland woman Robyn Gardner taken hours before she went missing from Aruba. Two pictures of Robyn wearing her favourite dress were taken as she left a restaurant on the afternoon she went missing. Fight: Gardner's boyfriend Richard Forester said the couple had a row before she left for Aruba. In one photo, Giordano's back is also visible as they depart the Rum Reef Restaurant. Prosecutors also released a photo of the white Toyota Rav 4 that the two rented on the island. It was reported that police believed the 50-year-old businessman killed the 35-year-old dental assistant after becoming jealous when he read a message she sent to her boyfriend back home saying: 'I love you.' July 31 – Robyn Gardner seen partying with Gary Giordano at MooMba Beach Bar in Aruba. August 1, 3.41pm – Gardner and Giordano spotted on CCTV outside Rum Reef Bar & Grill, on what police believe may have been a ‘test run’ before she went missing a day later. August 2, early morning – Giordano said to have read a text on Robyn’s phone, in which she wrote to her boyfriend back home: ‘ I love you. I care about you. We'll sort this out when I get back.' August 2, late morning - Seen on surveillance camera at Marriott resort arguing, with Giordano allegedly grabbing her by the neck and shoving her into an elevator. August 2, 4.12pm – Pair last spotted leaving Rum Reef Bar & Grill at Baby Beach in Aruba. Witnesses said she appeared drunk, was fully made up and was not dressed to go snorkelling. August 2, 6pm – Giordano seen on CCTV, alone with no top on but his toupee is in place. He reports her missing, saying she disappeared while they were snorkelling. August 9 – Giordano held by police trying to leave the country. August 11 – FBI joins search for Miss Gardner. August 18 – it emerges Giordano tried to redeem a $1.5million accidental death insurance policy taken out a day before they went on vacation. November 25 - Aruban judge orders the release of Giordano, who had by then spent more than 100 days in jail. It is thought that Giordano was trying to collect a $1.5million accidental death policy but slipped up, leading to his arrest. Sources said police considered the theory that the suspect was obsessed with the 2005 death of Natalee Holloway, a teenager from Alabama, and the subsequent failure of police to convict Joran van der Sloot of killing her. One source said: 'Cops think Giordano believed that Joran dumped Natalee's body at sea, and he was planning to do the same thing.' Robyn is not thought to have had a physical relationship with him. She was dating another man, Richard Forrester, at the time but travelled with Giordano to Aruba after the relationship was said to have hit some stumbling blocks. Police are said to believe that on the day of her disappearance, Robyn sent a text to her boyfriend, which read: 'I love you. I care about you. We'll sort this out when I get back.' 'Police believe that Giordano, who by now was fantasising that Robyn was in love with him, saw the messages on her iPad and went berserk with jealousy,' a source said.'He became furious because he'd paid for their trip and she was sending romantic texts to another guy.'After eating lunch, the two were spotted by a fisherman walking around a reef behind the restaurant before getting into a car. 'Police believe Giordano drove Robyn to a nearby area called Seroe Colorado, and either strangled, beat her or tortured her to death after he dragged her into one of 50 abandoned shacks that used to house workers from a once-bustling oil refinery,' the source added. Later in the afternoon, Giordano returned to the restaurant where they ate lunch and reported her missing, saying they had just been snorkelling. An employee at the restaurant, however, said he thought it odd that Robyn would have been going snorkelling that day due to the clothes she was wearing and the way her hair and makeup were done. Other eye witnesses said she seemed woozy and did not touch her salad when she ate in the Rum Reef Bar and Grill with the man suspected of killing her. A close friend of Robyn said that she did not just pack up and go to Aruba with a man she barely knew, but she had actually known him for years after meeting him on dating website Match.com. Lianne Delawter said: 'Their relationship spanned back a long way, they'd known each for a couple of years. They met on Match.com and went out a "date" but it didn't work out and they stayed friends.'It wasn't a date-date, they were never seeing each other,' she told Radar Online. Alone: Footage shows Giordano walking by himself after Robyn went missing. Miss Delawter added: 'She wasn't the type of girl to go away with someone she didn't know at all. She was very trusting and always saw the good in someone, saw light where there was darkness, but she wasn't naive. They were just going as friends.' She also revealed that Robyn lied to her live-in boyfriend Richard Forester about where she was going, telling him she was off on a family vacation to Orlando rather than Aruba. Her roommate claimed that the businessman invited her on a cruise earlier this year and became 'very angry' when Robyn cancelled on him, according to Radar. She said she was worried when she heard Robyn had agreed to go away with him and has 'no doubt' Giordano is involved in her disappearance. Gary Giordano's lawyer, Jose Baez, told ABC News that Giordano would be freed Tuesday night at 8 p.m. and could be home as early as Wednesday. He said: 'Gary had a chance to speak, and the judge listened to him. 'He made a heartfelt plea - explained the situation.'

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assistant: Maryland woman missing since August; presumed dead. Gary Giordano spent more than 100 days in jail. Prosecutors immediately appealed the decision.