Published Friday, 01 May 2009
Lawyers for the Prison Service have confirmed he will be told no covert surveillance will be used against him.
As well as the murders of Sappers Mark Quinsey and Patrick Azimkar, Duffy is also charged with the attempted murders of five other people outside Massereene Army base at the beginning of March.
The soldiers were gunned down at the barracks gates while they collected pizzas from delivery men.
Duffy launched a judicial review case due to the uncertainty surrounding his consultations, with a two judge panel headed by Lord Chief Justice Sir Brian Kerr told monitoring would be illegal.
The argument was based on a High Court ruling from November 2007 - and subsequently backed in the House of Lords - which held there was no system in place for the Prison Service to seek the necessary authorisation.
Following a meeting of relevant state authorities earlier this week, barrister Peter Coll, for the Prison Service, told the court on Friday: "The current situation is that the assurance will be given.
"The exact wording of the assurance is still a matter of consideration, not just involving the Prison Service, but other state agencies."
No details were disclosed on whether the assurance would cover only Duffy's consultations for the purpose of applying for bail.
Sir Brian agreed to adjourn the case after being told confirmation could be given by next week.