Dissident republican Colin Duffy has been granted leave to seek a judicial review over a failure to confirm that his legal consultations are not being bugged.
Duffy is challenging the British government at the High Court in Belfast for allegedly refusing to provide assurances that the security services are not subjecting his meetings with lawyers to covert surveillance.
The 48-year-old, of Forest Glade, Lurgan, is currently on bail fighting attempts to have him stand trial on charges linked to an alleged attempt to kill police in Belfast.
He is one of three men accused of belonging to an IRA grouping, and attempting to murder members of the PSNI. They face further counts of possessing firearms and ammunition, and conspiring with to murder security force members.
The alleged offences are connected to a gun attack on a police convoy in the north of the city. A PSNI Landrover and two accompanying vehicles came under fire on the Crumlin Road in December 2013.
Duffy; Alex McCrory (54), from Sliabh Dubh View, Belfast; and Henry Fitzsimons (47), of no fixed address, are currently resisting prosecution attempts to have them returned for trial.
Separate legal proceedings are now underway in an effort to gain assurances that the security services are not listening in to Duffy’s legal consultations.
In court today counsel for the Secretary of State acknowledged arguable points had been raised in the case. On that basis Lord Justices Gillen, Weatherup and Weir granted leave to apply for a full judicial review.