The Police Association has launched a legal bid to quash the Police Ombudsman's critical report on the handling of the Omagh bomb investigation.
The association, which represents all rank-and-file police officers as well as senior members of the PSNI, said Mrs Nuala O'Loan's own investigation was "beyond her powers".
A judge now has to grant leave before the case can proceed. It is expected an oral hearing will take place next week. The papers lodged by the association's solicitors include affidavits sworn by the Chief Constable, Sir Ronnie Flanagan, and the association's chairman, Mr Jimmy Spratt.
The association is seeking a declaration that the Ombudsman's report failed to win the confidence of the public and members of the PSNI in the statutory police complaints system.
It contends that Mrs O'Loan's report was unlawful on the grounds that it denied Sir Ronnie and other senior officers the opportunity to make a considered and informed response.
The papers state that the Ombudsman "subjected the Chief Constable to a withering condemnation of his professional skills, abilities and judgment The Ombudsman's report and associated decisions constitute a misuse of her statutory powers, responsibilities and functions".
Meanwhile, a former police agent who claimed he warned his RUC handler that a "Real IRA" attack in Northern Ireland was imminent 48 hours before the Omagh bombing in August 1998 has handed over a number of audio tapes to investigators in the Ombudsman's office, which he alleges contain evidence of RUC misconduct.
The agent, known as "Kevin Fulton", is believed to have personally handed over the tape recordings to a senior investigator from the Ombudsman's office at a location in Belfast city centre last week.
Yesterday a source close to Mr Fulton, who is in hiding fearing for his life, said the tapes contained recordings of conversations between Mr Fulton and his security forces handlers. The source went on to describe the contents of the tapes as "potentially disastrous for certain police officers".
Yesterday the Police Ombudsman's office confirmed they had received "material" alleging police misconduct from the former agent known as Kevin Fulton.
A spokesperson for the Ombudsman said they had been contacted by Mr Fulton, who said he intended to supply them with information, including tapes, relating to alleged police misconduct. "He has supplied us with some information. He has handed over some material to one of our investigators."
Meanwhile, Mr Fulton's application to be issued with a personal firearm will be heard in the Belfast High Court this morning.
It is understood the PSNI will object to the application on the grounds that his background must be investigated. However, a spokesperson for Mr Fulton pointed out that PSNI Chief Constable Sir Ronnie Flanagan had devoted a complete section of his Omagh report to the former agent and his background.
"The PSNI are playing politics with Kevin Fulton's life. They already known everything about him. They had 12 officers investigating his background at the behest of the Chief Constable. The police also know he is being targeted by dissident republicans.
"If there is a public inquiry into the Omagh bomb, then there is every possibility that Kevin Fulton could meet the same end as UDA informer Billy Stobie - dead in the street."