A judge who ruled the "Real IRA" is not a proscribed organisation today resisted an attempt to stop the trial of four men he cleared of membership.
Mr Justice Girvin insisted the suspects still have a case to answer over charges they possessed a rocket-launcher and were plotting to murder.
But the hearing at Belfast Crown Court was adjourned for a day to give the defendants' legal team more time to examine mobile phone records.
Mr Justice Girvin found that the dissident republican group was not specifically listed as a proscribed organisation, under current legislation.
With the British government under intense pressure to close the legal loop-hole, Britain's top legal adviser, Attorney General Lord Goldsmith, has pledged to take the case to the Court of Appeal.
The controversial ruling meant charges of "Real IRA" membership could not be sustained against the four Co Tyrone men on trial.
Mr Donald Mullan (33) of Firmount Park, Dungannon; Mr Sean Dillon (27) of Roughan Way and Kevin Murphy (33) of Altmore Park, both Coalisland; and Mr Brendan O'Connor, from Cavanoneill Road, Pomeroy, still face charges of conspiracy to murder and possession of a rocket-launcher in February, 2002.
Mr Justice Girvin today ruled: "I hold against the defendants and consider that the defendants have a case to answer in respect of each of the remaining counts on the indictment.
But he accepted a request from lawyers for the four men to be given more time to analyse phone records central to their case.
The trial, which is expected to finish this week, was adjourned until tomorrow.