Defence lawyers for self-confessed Special Branch spy Mr Billy Stobie will today apply to stop his Belfast Crown Court trial over his alleged involvement in the murders of solicitor Mr Pat Finucane and student Mr Adam Lambert.
Defence QC Mr Arthur Harvey told the Lord Chief Justice, Sir Robert Carswell, that Mr Stobie (51) was not being prosecuted out of any real or reasonable belief that he would be convicted, but rather with the aim that the public be simply informed "how police agents act".
Mr Harvey claimed there was no new evidence against Mr Stobie since the Director of Public Prosecution's original decision not to prosecute him in 1991 and his subsequent arrest by the inquiry headed by Sir John Stevens of the Metropolitan Police.
Sir Robert was told that when it became known that the UDA man had been working for the Special Branch, an investigation was carried out by an RUC superintendent.
Mr Harvey said the superintendent's report concluded that "on the whole" the police view was that Mr Stobie was not involved in the two murders and that he had reported all his UDA activities to the Special Branch.
He said that in January 1991 the DPP, after considering this report and a Special Branch file on Mr Stobie and his contacts with them, concluded that no prosecution should be taken against him.
The lawyer added that once the court had an opportunity of studying these files and those on the prosecution's chief witness, former reporter Neil Mulholland, he would make his application to "stay proceedings" on the basis it was an abuse of due process.
Mr Harvey said these were "substantial" files, which contained a "wealth of detail" into the background of the case.
Agreeing to the adjournment, Sir Robert said he would consider the three files overnight and would hear the defence application first thing this morning.
Mr Stobie, of Forthriver Road, Belfast, who was released on continuing bail, denies the murder in November 1987 of Mr Lambert and that of Mr Finucane in February 1989.