The man alleged to be a top British army agent inside the IRA has been granted some security protection, it emerged today.
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Mr Freddie Scappaticci
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Mr Freddie Scappaticci (59), who has been named by the press as the agent code-named "Stakeknife", was allowed general security measures - but was turned down for the key person's scheme, which would have given him a police guard.
The disclosure was made by Mr Michael Lavery QC, appearing for Mr Scappaticci at Belfast High Court during a judicial review seeking to make Northern Ireland security minister Ms Jane Kennedy confirm that Mr Scappaticci was not "Stakeknife".
There was some doubt about whether "Stakeknife" existed, or he was a "piece of mischief" introduced by someone from inside the security forces or by members of the press, Mr Lavery said.
The British government's refusal to confirm that Mr Scappaticci was not an agent had put him in danger and was a denial of his right to life under Article 2 of the European Convention of Human Rights, the court was told.
"The government has failed to substantiate in any meaningful way that to respond to Mr Scappaticci would endanger intelligence or put anyone's life at risk," he added.
But Mr Declan Morgan QC, for the Northern Ireland Office, said the British government's policy of neither confirming or denying the status of agents was in the interests of national security.
The Lord Chief Justice, Sir Robert Carswell, said the issue was one of having to weigh up the risk to Mr Scappaticci if the minister stayed silent against the risk to other agents if the policy was breached.
He adjourned to consider his decision which he said would be made public as soon as possible.
PA