Judgement has been reserved in a case in which a man alleged to be the British Army's top spy inside the IRA is attempting to clear his name.
In the High Court in Belfast this afternoon a lawyer for Mr Freddie Scappaticci, the west Belfast republican, denied that he is, or ever was, the agent known as Stakeknife.
Mr Scappaticci (57) has strenuously denied newspaper claims that he was recruited by military intelligence during his career in the top ranks of the republican movement.
His lawyers are now seeking permission to press ahead with a judicial review application in the Northern Ireland High Court aimed at forcing the minister to comment on the allegations.
They are expected to use European Human Rights legislation to argue that the British government's policy of refusing to comment on intelligence matters is too rigid in Mr Scappaticci's case.
Ms Kennedy's refusal amounted to a failure to protect the republican's life, his legal team has also argued.
Mr Scappaticci emerged from hiding days after the claims broke to deny he was Stakeknife. He had been an active republican until leaving the movement 13 years ago, he claimed.
Sinn Féin has publicly backed his denials and accused faceless members of the security services of trying to wreck the peace process.
PA
