The Special Criminal Court ruled yesterday that an application by lawyers for Mr Michael McKevitt for full disclosure of documentation concerning his alleged relationship with an FBI agent was premature.
Mr McKevitt is alleged to be a member of an illegal organisation. His counsel had sought full disclosure of documentation held by the prosecution relating to Mr David Rupert and argued that it was necessary before a bail application could be made.
The defence had written to the State seeking Mr Rupert's statements, correspondence, memoranda and records of Mr Rupert's dealings with the FBI and British intelligence in advance of a bail application.
But yesterday Judge Joseph Mathews, delivering the decision of the three judges, said it was the court's view that there was no general right for an applicant to have full disclosure as a preliminary to conducting a bail application. He said the absence of full disclosure did not offend against the principle of due process.
The judge said the court considered that at this juncture the defence application for full disclosure was premature and rejected the application.
The court was told at an earlier hearing that Mr Rupert, who worked for the FBI and British intelligence, was observed by gardai meeting Mr Michael McKevitt on a number of occasions. The court also heard that Mr Rupert successfully infiltrated the "Real IRA" leadership and attended their army council meetings.
Mr McKevitt allegedly met Mr Rupert over a two-year period and asked him to acquire equipment for the dissident republicans.
Mr McKevitt (51), of Dundalk, Co Louth, is charged that between August 1999 and March 2001 he was a member of an unlawful organisation styling itself Oglaigh na hEireann, and that he directed activities of the same organisation.
It is the first prosecution for directing terrorism under new legislation brought in after the 1998 Omagh bombing, and anyone convicted of the offence faces a maximum sentence of life imprisonment. Mr George Birmingham SC, prosecuting, said efforts would be made to have the book of evidence ready as soon as possible. The court remanded Mr McKevitt in custody to July 25th.
