A late court challenge to the BBC's decision to broadcast a Panorama programme naming three people it alleges are suspects in the Omagh bombing failed last night. Mr Justice Kerr ruled that the programme could go ahead after hearing an application seeking to halt transmission.
The Northern Ireland Human Rights Commission had claimed in the High Court in Belfast that to name people questioned about the bombing would prejudice any future fair trial.
Lawyers from the commission also argued that the programme could endanger the lives of those named, hinder the police investigation and infringe the rights of those named. However, Mr Justice Kerr said that he was not satisfied there were risks to the individuals named.
He said he was also satisfied there was no interference with the presumption of innocence by what would be in the programme.
He added: "I am of the opinion that there is no reason to suppose that criminal proceedings against any of those taking part in the programme will be stayed."
He also dismissed the suggestion that a trial in the future involving any of those named would be compromised by the programme.
The Human Rights Commission argued the Court should err in favour of the person under the Human Rights Act rather than the BBC's right to broadcast.
But Mr Justice Kerr said the relevant sections of the Act showed that the "balance fell firmly in favour of the broadcaster".