The defence team of alleged Omagh bomber Seán Hoey are to be given all forensic material in his case, which will allow them to challenge the low-copy DNA evidence against him.
Agreement by the prosecution followed repeated warnings by Belfast Crown Court judge Mr Justice Weir that he might exclude the vital evidence, if all forensic materials were not given to the defence.
The case against the electrician, from Jonesborough in south Armagh, is based primarily on forensic evidence.
Mr Hoey (36) denies 58 charges including the murder of the 29 victims of the Real IRA bomb attack on Co Tyrone town on August 15th, 1998.
Prosecution lawyer Neil Connor said yesterday that all material from the Forensic Science Service (FSS) in Birmingham will be made available to the defence US expert on "a rolling basis". It should all be in his hands by July 28th.
Mr Connor told the non-jury Diplock court that, while "broadly speaking" the material sought by the defence should be disclosed, the FSS had concerns about certain aspects.
The Crown lawyer also attempted to argue that they could not disclose all of the material, as it was not necessarily in the hands of the prosecution, but in the hands of the FSS, a third party.
Mr Justice Weir said the prosecution could not "take shelter behind some third-party immunity". He told Mr Connor he was "not concerned with what the FSS has said"; he wanted "this matter sorted out".
Defence solicitor Peter Corrigan said their US expert was still waiting for the forensic material, in particular the electronic data relating to the low- copy DNA alleged to have been found on three bombs.
On his return, Mr Connor said agreement had been reached concerning disclosure.