A WITNESS in the Rosemary Nelson Inquiry has lost a legal bid to prevent intelligence information on his alleged role in serious crime being revealed.
The man, named simply as Witness X to protect his identity, had objected to intelligence dossiers being released about a number of serious incidents, including at least one shooting.
His solicitors told the high court in Belfast the information c
ould put his life in danger if released to parties in the inquiry.
Mr Justice Treacy refused leave to apply for a judicial review and ruled the inquiry had applied the correct test in concluding it would not lead to a 'real and immediate' risk.
He said: “The applicant has not demonstrated any flaw in the tribunal’s reasoning and has failed to demonstrate, even arguably that the decision to disseminate certain sensitive material is unlawful.”
In his judgement Mr Justice Treacy pointed to a letter from the inquiry which said it was unlikely that any criticisms of Witness X would be made, and that the focus was not placed on the truth of any accusations against him.
The statement also read, “The inquiry is interested only in the contemporaneous existence of attitudes towards Witness X in so far as they informed their investigation into Rosemary Nelson’s murder.
The applicant, however, was allowed to read and inspect the intelligence material and also make notes on it, although the judge, explained the tribunal had no authority whatsoever to adjudicate on any criminal liability and they had intention of deciding whether or not the allegations made in the files were either true or false.
Mr Justice Treacy commented said he was satisfied the challenge against being refused legal representation was premature.
The full article contains 289 words and appears in Lurgan Mail newspaper.
