The Special Criminal Court today ruled an application for full disclosure of documentation concerning Mr Michael McKevitt's 'relationship' with an FBI agent was "premature".
Mr McKevitt (51) of Beech Park, Blackrock, Dundalk, Co Louth, is charged with directing the activities of an unlawful organisation between August 29th, 1999 and March 28th, 2001.
Lawyers for Mr McKevitt had sought full disclosure of documents held by the prosecution relating to Mr David Rupert, arguing that it was necessary before a bail application could be made.
The defence had written to the State seeking Mr Rupert's statements, correspondence, memoranda, 2,140 e-mails and records of his dealings with the FBI and British intelligence ahead of a bail application.
But today Mr Justice Joseph Matthews, delivering the judgment of the three judges, said it was the court's view that there was no general right in law for an applicant to have full disclosure as a preliminary to conducting a bail application.
The court was told at an earlier hearing that Mr Rupert, who worked for the FBI and British intelligence, was observed by gardaí meeting Mr McKevitt on a number of occasions.
The court also heard that he successfully infiltrated the Real IRA leadership and attended their Army Council meetings.
It is the first such prosecution under new legislation brought in after the 1998 Omagh bombing and anyone convicted of the offence faces a maximum sentence of life imprisonment. Mr McKevitt was remanded in custody until July 25th.
PA