Lawyers for loyalist leader Johnny Adair are to call the Northern Secretary, Mr Paul Murphy, to the High Court in a bid to gain the ousted Ulster Defence Army leader's release from jail.
Adair's hearing was put back following a brief mention today in the High Court in Belfast. Adair's lawyer Mr Frank O'Donoghue, QC, said a preliminary issue had to be dealt with and he applied for an adjournment of Adair's application for a writ of habeas corpus.
The writ names Secretary of State Paul Murphy and the Governor of Maghaberry Prison.
Adair (39) claims his return to prison and continued detention is unjust and contrary to law as well as being in breach of his human rights.
Mr O'Donoghue told Mr Justice Kerr that if legal argument was required in relation to the preliminary issue it could take place tomorrow but the intention was that the application would ahead on Friday.
Adair was sent back to prison last Friday - the second time he has been returned to custody following his initial release on licence after serving half of a 16-year sentence for directing terrorism. His release date is January, 2005.
A former Adair associate, Andre Shoukri (25), from Sunningdale Gardens, Belfast, made a second bail application in the High Court yesterday.
Shoukri has been in custody since last September accused of possessing a gun and ammunition with intent to endanger life.
His first bail hearing was told that when he was arrested at Rathcoole he had the gun for his own protection following death threats which had been conveyed to him by police.
Mr Shoukri's lawyer said he had a defence of self-defence but Lord Justice Nicholson said he was concerned that 20 of the bullets which Shoukri had were not suitable for the weapon he was carrying.
The judge adjourned his decision and said police should be furnished with an address away from North Belfast that he could make a condition of bail in the event that he decides to release Shoukri.