A high-profile republican accused of murdering two soldiers has been granted High Court permission to challenge Prison Service silence over any suspected covert surveillance being used against him.
Colin Duffy, 41, is seeking assurances that the authorities will not bug his legal consultations while in custody charged with the double killing of Sappers Mark Quinsey and Patrick Azimkar.
The soldiers were gunned down at the gates of Massereene Army base in Antrim on March 7 while they collected pizzas from delivery men.
Duffy, a former mainstream republican from Lurgan, Co Armagh, is also charged with five counts of attempted murder and possession of arms and ammunition in connection with the Real IRA shootings.
His lawyers applied for leave to seek a judicial review based on the uncertainty surrounding any conversations he has while being held.
His lawyer told a two judge panel headed by Lord Chief Justice Sir Brian Kerr it would be completely unlawful for any monitoring to be carried out.
He based his argument 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.
With Duffy delaying an application for bail until he receives confirmation that no one is listening in, it was also claimed that his right to liberty was being compromised.
His lawyer said: "This particular issue relating to Mr Duffy was raised on March 30 when a letter was sent seeking an assurance. The Prison Service have had over four weeks to consider their response."
Should Duffy ultimately win his judicial review case and be granted bail he will be seeking damages for the loss of liberty caused by the delay, his lawyer confirmed.
A lawyer for the prison service revealed that a meeting was to be held later to map out a way forward in the cases of Duffy and others.
© Press Association