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Case collapses over tracking device ruling

Men working on a van at Drumbeg, Craigavon in December 2013  find what they believe to be a tracking device attached to the underside of a vehicle. Picture by Cliff Donaldson 
Men working on a van at Drumbeg, Craigavon in December 2013 find what they believe to be a tracking device attached to the underside of a vehicle. Picture by Cliff Donaldson  Men working on a van at Drumbeg, Craigavon in December 2013 find what they believe to be a tracking device attached to the underside of a vehicle. Picture by Cliff Donaldson 

THE prosecution case against three relatives of prominent dissident republican Colin Duffy has collapsed in Belfast after controversy about tracking devices used to gather information.

Brothers Paul and Damien Duffy, along with their cousin Shane Duffy, were acquitted of all the paramilitary-related charges against them.

The men from Co Armagh, were due to face trial later this year on charges which included conspiracy to murder police or prison officers. They had denied the charges.

The disclosure hearing had been running for several days but collapsed when the prosecution offered no further evidence against the men after a judge ordered them to disclose details of a tracking device to the defence.

It is understood the PPS had applied for a Public Interest Immunity certificate in a bid to avoid disclosure but their application was thrown out.

A spokesman for the PPS said it had offered to share the information with an expert “under a confidentiality agreement” but not the defendants.

However, unable to comply with the judge's order the PPS said it had no option but to collapse the case.

The men's acquittal could have major implications for other high-profile paramilitary cases where covert surveillance is used including that of Colin Duffy who is facing charges arising from a security service operation.

The Public Prosecution Service was last night urged to launch an urgent review of all cases linked to covert M15 operations where tracking devices - and other methods of intelligence gathering - are used.

Lawyer Niall Murphy, of KRW Law, said "millions of pounds have been wasted in a surveillance exercise which was always destined to legal failure".

A PPS spokeswoman said: “The PPS will consider the potential implications of this ruling.

“However, we do not have any current cases which feature the type of evidence that was relied upon in this case.”