The key witness in the trial of the man accused of murdering Belfast solicitor Mr Patrick Finucane 12 years ago could become suicidal if forced to give evidence, a court heard today.
Northern Ireland's Lord Chief Justice, Sir Robert Carswell, will rule tomorrow whether former journalist Mr Neil Mulholland should be called to give evidence at the trial of Mr William Stobie.
During preliminary legal arguments, a lawyer for Mr Mulholland sought to have a summons, demanding that his client should attend court to give evidence, be set aside.
Mr Declan Morgan QC said the threat to Mr Mulholland's health of giving evidence amounted to inhuman and degrading treatment under the European Convention on Human Rights.
Consultant psychiatrist Ms Anne McDonnell, who has been treating Mr Mulholland since August and produced a report on his mental state, told the court he had a history of mental illness and that she was treating him for depression, anxiety and other illnesses.
Dr McDonnell expressed the opinion it was more than likely Mr Mulholland would relapse if called to give evidence. She said he would either become "acutely suicidal" or enter an episode of "hyper-mania".
Mr Gordon Kerr QC, for the Crown, asked Dr McDonnell whether giving evidence could remove the stress and improve his medical condition. She said it was "much more likely he would relapse into serious mental problems".
Mr William Stobie, an ex-RUC informer, has been charged with the murder of leading Catholic solicitor Mr Patrick Finucane in 1989 through aiding and abetting, counselling and procuring.
Mr Mulholland interviewed Mr Stobie in the early 1990s and much later gave a statement to the team headed by Sir John Stevens that was re-examining the case, saying Mr Stobie had told him Mr Finucane was the intended target.
Mr Stobie, a former quartermaster in the Ulster Defence Association, has always denied this.
Mr Finucane was shot dead in front of his family in his north Belfast home in a killing claimed by the Ulster Freedom Fighters.
PA