The Special Criminal Court yesterday refused an application by the alleged leader of the "Real IRA", Mr Michael McKevitt, for further disclosure of documents in advance of his trial.
Mr McKevitt's lawyers were seeking an order from the court for further disclosure of material in the possession of the FBI and the British Security Service relating to the chief prosecution witness, Mr David Rupert.
But Mr Justice Richard Johnson, presiding, said: "The court has no power to make an order that would compel the British Security Service or the FBI to make disclosure. Further, the court will not make an order against any party which is not capable of enforcement."
The court also refused to make an order for disclosure of documents in the possession of the gardaí concerning Mr McKevitt over a 30-year period. Mr Justice Johnson said the court accepted the claim of privilege in the public interest over the documents by Det Chief Supt Martin Callinan, head of the Garda intelligence service.
"The court accepts in its discretion that that interest outweighs any other public interest in that regard and consequently will not order disclosure of such documentation," the judge said.
"The court has received the assurances of prosecuting counsel Mr George Birmingham SC that in relation to all relevant domestic documents, which are in the prosecution's power, possession or procurement, that the same have been disclosed to the defence and the court accepts that assurance."
Following the ruling, Mr McKevitt's counsel, Mr Hugh Hartnett SC, said the defence wanted time to study the legal principles in the judgment. "It may well be that we require to go some place else."
Mr McKevitt was remanded in custody until November 7th when his case will be mentioned again. A trial date is expected to be fixed for next February.