The father of the late LVF leader, Billy Wright, lost a legal action yesterday concerning his son's murder in the Maze Prison , but left court claiming victory.
Mr David Wright (70), who believes there was state collusion in the 1997 INLA killing, said he was happy a judge had highlighted the ineffectiveness of the police investigation into all the circumstances.
In the High Court in Belfast, Mr Justice Kerr dismissed Mr Wright's application for a judicial review of the decision by the former chief constable, Sir Ronnie Flanagan, refusing to hand over the investigation file.
"What does it contain that I cannot see it?" said Mr Wright afterwards. "To me it shows there is something being hidden."
Mr Justice Kerr said he was satisfied that an investigation compatible with human rights legislation had not yet taken place.
"Such an investigation would have to address directly such issues as how the murderers were able to penetrate the forecourt area unobserved; how they were able to obtain the materials to manufacture the weapons used; how they knew that Mr Wright would be in the prison van at the time the murder took place; and whether there was any evidence of collusion on the part of members of prison staff," said the judge.
Although Mr Wright was entitled to an effective investigation it did not follow automatically that he was entitled to access to the police investigation file.
Mr Justice Kerr said: "A retired judge from Canada, Mr Peter Cory, has been appointed to examine whether further inquiries into a number of deaths, including Mr Wright, are required.
"If it is concluded that such a further inquiry is required that will be the occasion on which to determine whether the contents of the police investigation should be revealed."
As Mr Wright left court he said: "He has let Judge Cory carry the can for disclosure."