A decision on whether Northern Ireland Secretary Mr Peter Mandelson should be called to court to be cross-examined during Sinn Féin's fight against the flying of the British flag on government buildings was deferred today.
In the Northern Ireland High Court, Mr Justice Kerr said the matter should not be considered until after Sinn Féin's legal team submitted an amended affidavit widening the scope of their challenge to the Flags Order introduced by Mr Mandelson last year.
Mr Justice Kerr said it would be "premature" to address the question of whether Mr Mandelson should be called until Sinn Féin's application had been considered.
The court will reconvene tomorrow to consider that issue.
Sinn Féin is seeking a judicial revue of the Flags Order which says that the British flag should be flown over government departments - including the two headed by Sinn Féin ministers - on 17 specified days a year.
Sinn Féin argue that either the Irish tricolour should fly alongside the union flag or that no flags should be flown. The party's lawyers claim that the Flags Order was introduced by the Secretary of State after a secret deal with Ulster Unionists leader Mr David Trimble.
They alleged the deal was struck to help Mr Trimble win over his party’s ruling Ulster Union Council last may where it met to decide whether to re-enter the power sharing Northern Ireland administration with Sinn Féin.
The allegation has been denied by lawyers for the Secretary of State.
The case has been brought by Sinn Féin Assembly member Mr Connor Murphy who said after today's hearing that he accepted the deferral of the decision until after his legal team's amendments had been discussed tomorrow in court.
"As the case has gone on there has been further disclosure which has opened up new areas which we wish to address."
He said he still hoped that the party would win an order directing that the Secretary of State be called to court for cross- examination.
PA