Defendants answering Continuity IRA explosives charges in Northern Ireland have waited two years without any evidence being produced, it emerged today.
Attorney General (AG) paperwork is being blamed for the delay which a defence lawyer said could lead to the case being thrown out of court.
The British government body has denied any culpability and said the documents were returned within weeks of being solicited by the Public Prosecution Service last month.
Belfast man Liam Hannaway (36), from Hillhead Drive, Kevin Hannaway (30) and Karen Lavery (31) both from Rinnalea Walk in the city are facing possession of explosives charges.
They were arrested on September 17th, 2004, following dissident republican threats against police officers but evidence has yet to be put to their legal team.
Their solicitor Joe McVeigh said: "The delay lies with the AG's office in London who have to give a certificate to say whether it is suitable for a jury trial or not.
"I am told that a decision has been made but it really was only made because the magistrate listened to representations from ourselves that the preliminary enquiry should be held today.
"If they are not ready by next week I will be applying for the PE to go ahead and if prosecutors can't produce any evidence or witnesses I will be asking for the case to be discharged."
A PE is when prosecution service produces evidence and witnesses on which it is basing its case.
All matters involving explosives are routinely "scheduled", meaning they are to be tried before a judge sitting without a jury and are subject to oversight from the AG.
This is intended to minimise the risk of intimidation.
Belfast magistrate Ken Nixon accepted there were problems with the system for obtaining instructions from the AG's office earlier this week. "There is a remoteness which factors a delay in these cases," he said.