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Case collapses after tracking device ruling

The prosecution was not prepared to make known information about the tracking devices
The prosecution was not prepared to make known information about the tracking devices

The prosecution case against three relatives of a prominent dissident republican collapsed in a Belfast Court today after a controversy about tracking devices used to gather information.

Shane, Paul John and Damien Danny Duffy were acquitted of all the terrorist-related charges against them.

Two of the Co Armagh men before Belfast Crown Court are brothers of prominent dissident republican Colin Duffy, and the third is a cousin. 

All three were charged with a series of offences, including conspiracy to murder a member of members of the PSNI or the Northern Ireland Prison Service in a two year period up to December 2011.

But a prosecution barrister indicated that no further evidence was being offered against the three accused and the judge, Mr Justice Colton, acquitted them.

In a statement issued afterwards the Public Prosecution Service said that its case relied on evidence obtained from tracking devices that had been installed in vehicles. 

It made a case to the judge that certain information about the devices should not be shared with the defendants but could be shared with an expert engaged by the defence team under a confidentiality agreement. 

However, Mr Justice Colton decided that while accepting prosecution submissions about the sensitivity of the information, a fair trial required disclosure to the defendants.

The prosecution was not prepared to make known this information about the tracking devices. 

Without this key element, the case collapsed.