British spy "Kevin Fulton" must be given special protection if he gives evidence to the Omagh bomb trial, a court heard today.
Counsel for Fulton, who infiltrated the Provisional IRA, told the High Court in Belfast that his client would be seeking screening over and above the normal protection granted to witnesses if he gives evidence at the trial of Sean Hoey in Belfast.
The name Kevin Fulton is a pseudonym.
Lawyers for the defendant want to question Fulton about his role in the 1998 Omagh bombing.
He is alleged to have given five warnings between July and August 1998 about the blast, which killed 29 people. Mr Fulton's barrister Andrew Moriarty said: "We are seeking extensive screening and protection of Mr Fulton.
"We would be looking for screening, perhaps over and above that which the legislation provides for, and, given the security concerns that would exist with Mr Fulton giving evidence, we would be anxious that provisions would be put in place to allow for his safe entry and exit from the court."
Mr Hoey's defence team, which is led by Orlando Pownall, should begin presenting their position some time next month and want to call Fulton.
They have a separate application before Mr Justice Weatherup for disclosure of documents from the Northern Ireland Police Ombudsman Nuala O'Loan who has investigated the informant's involvement in the Omagh case.
The ombudsman concluded in a 2001 report on the police investigation into Omagh that five warnings which Fulton gave would not have been enough to stop the carnage.
One of the key focuses of her investigation was on whether Fulton had been regarded as a reliable informant.
He worked for the police between 1993 and 1994, and 1996 and 2001.
Mr Hoey (37) from Molly Road, Jonesborough, south Armagh, denies 58 paramilitary charges including 29 murders at Omagh.
Mr Justice Weatherup said it would be for Omagh trial judge Mr Justice Weir to rule on applications for Fulton's protection but added that he would hear arguments about the ombudsman's evidence on October 27th.
Speaking by telephone after the hearing, Mr Fulton said he was a British soldier sent to infiltrate the IRA.
He added: "Kevin Fulton is not willing to appear and give evidence at the court hearing of Omagh bomb accused Mr Sean Hoey.
"I have no choice but to obey the court ruling to appear as a witness. If I don't I will be held in contempt."
PA