Published Tuesday, 09 June 2009
Prosecutors made the disclosure as they corrected their earlier claim that CCTV footage placed John Paul Wootton's car close to the scene of the shooting.
Wootton, of Collingdale, Lurgan, Co Armagh, is charged with the murder of Constable Carroll, who was ambushed as he responded to a 999 call in Craigavon in March.
The 18-year-old is also accused of possessing a firearm with intent to endanger life, collecting information likely to be of use to terrorists, and membership of the Continuity IRA.
The police officer was gunned down just 48 hours after two soldiers were shot dead by dissident republicans at an army base in Antrim.
During an earlier failed High Court bail application made by Wootton, the prosecution claimed a Citroen Saxo car owned by the accused - then aged 17 - was parked 150 yards from the scene of Constable Carroll's murder and driven off within minutes of the shooting.
It was alleged that the vehicle, which has since been seized and forensically examined, was seen on CCTV footage.
However, senior Crown counsel Gordon Kerr QC returned to the High Court today to alert a judge to an error in how another barrister previously opened the case to him.
He told Mr Justice Treacy that rather than CCTV evidence, electronic surveillance would be used in the case.
Asked to give more details, Mr Kerr said he was not at liberty to go further at this stage.
Defence counsel Andrew Moriarty countered by claiming he was left unable to counter the strength of the prosecution submission.
"We are somewhat in the dark as to what exactly we are talking about that (allegedly) places Mr Wootton's car at the scene of the crime," he said.
Mr Moriarty argued that the information supplied by the Crown was "radically different".
He added: "We are being told today, in light of the fact that we can't at this stage test in any meaningful way, that there is electronic surveillance.
"It does in my submission present as a more diluted prosecution case."
Despite urging Mr Justice Treacy to reconsider bail, and with a 20,000 cash surety said to be available, the judge ruled that Wootton should remain in custody.
He said the new information did not affect his earlier decision in the case.
However, Mr Justice Treacy also stated: "It may be a matter for the defence to further investigate the disparities between what the court was told on the last occasion and what the court has now been told."