The Special Criminal Court is to rule on disputed evidence in the case of a former Sinn Féin councillor who was filmed interrogating, threatening and waterboarding a man who came to his house to buy a motorcycle.
Jonathan Dowdall, 39, and his father Patrick, 59, who live on the Navan Road in Dublin, admitted falsely imprisoning and threatening to kill Alexander Hurley in January 2015.
However, both men have now disagreed with some of the evidence already given in the case, including the duration of the attack, alleged threats to the victim's family and whether or not Jonathan Dowdall said he was the head of the IRA or UDA.
Ms Justice Isobel Kennedy said the court will hear the matters contested tomorrow in a "Newton Hearing", where a court decides on conflicting evidence.
The court heard that "Newton hearings" are "extraordinarily rare" but it would be permitted in this case in the interests of justice.
The judge also said Jonathan Dowdall's links to Sinn Féin leader Gerry Adams and deputy leader Mary Lou McDonald were irrelevant, as were interviews the victim gave to the media and his LinkedIn profile.
The court has heard that Mr Hurley went to the Dowdall house to buy Jonathan Dowdall’s motorbike but was attacked after the former councillor decided Mr Hurley was a conman after researching him online.
Videos played in court showed Mr Hurley tied to a chair in the Dowdalls' garage as Jonathan Dowdall, who was wearing a balaclava, put a tea towel on his face and poured buckets of water over him.
Patrick Dowdall took out a silver pliers and threatened to pull off Mr Hurley's fingers, starting with the smallest.
The victim is heard pleading for his life as the Dowdalls threatened to chop him up and feed him to the dogs.
He was tied with cable ties and told "one more twist and you're dead".
In a victim impact statement Mr Hurley said he was tortured to the point of death’s door and the psychological injuries will never completely heal.
However, Senior Counsel Michael O'Higgins said that while what Jonathan Dowdall did was wrong, he was under strict instructions to dispute some of the evidence already heard.
Both Jonathan and Patrick Dowdall say the attack did not last three hours, that Mr Hurley was not first invited to dinner and that his family was not threatened.
Ms Justice Kennedy said today that the points raised were aggravating factors and germane to sentencing and therefore the court decided it would hold a Newton hearing to rule on the disputed facts.