At Belfast Crown Court yesterday Mr Justice Girvan, who last week cleared four Tyrone men of "Real IRA" membership after declaring it was not a banned paramilitary group, rejected defence demands for their trial to be aborted.
Defence lawyers had applied to have the trial stopped on the grounds the men had no case to answer and also that it would be an abuse to continue the case.
Mr Justice Girvan, who agreed to adjourn proceedings until tomorrow to allow the defence time to investigate phone records in the case, said he would give reasons for his decision in his final judgment at the conclusion of the trial.
The four - Mr Donald Mullan (33), of Firmount Park, Dungannon; Mr Seán Dillon (27) of Roughan Way, Coalisland; Mr Kevin Murphy (33), of Altmore Park, Coalisland; and Mr Brendan O'Connor (26), of Cavanoneill Road, Pomeroy - claim they were set up by missing south Armagh man Mr Gareth O'Connor.
Three of them - Mr Mullan, Mr Dillon and Mr Murphy - claim they had arranged to perform a burglary when allegedly caught red-handed with a rocket launcher by undercover troops and police in a field at Loughview Gardens, Coalisland on February 17th, 2002.
Mr O'Connor claims he was in a nearby carpark, where he was arrested, after receiving a phone call asking him to go there.
All four deny possessing the RPG 22 rocket launcher with intent to endanger life and under suspicious circumstances, and conspiracy to murder members of the security forces.
The prosecution said its case was based on the evidence of the arresting officers.