The Special Criminal Court has ruled that it had no jurisdiction to hear an application by relatives of the Omagh bomb victims for documentation to help their civil compensation case against those suspected of carrying out the 1998 atrocity.
The judges indicated yesterday that it was a matter that should be dealt with by the High Court.
Lawyers for the relatives had applied to the court for transcripts and books of evidence relating to a number of recent trials at the court involving men who are named in the Belfast High Court action.
Mr Justice Johnson, presiding, said: "The court has no jurisdiction to entertain the application and therefore has to refuse it."
In its written ruling the court said: "This Section 41 [of the Offences Against the State Act] and Section 43 [of the Offences Against the State Act] do not contemplate the involvement of the court in any civil proceedings. The court's function is in summary to hear and decide cases that come before it and when that function has been completed it is functus officio relative to each case. In so far as jurisdiction to make the order sought does exist it is our view that this rests with the High Court."
The court concluded: "Having considered the arguments advanced and the authorities cited and the law as we see it applying to this request and being conscious of the anxiety of the applicants relative to the issue, the court is unable to make the direction requested by reason of lack of jurisdiction and therefore refuses to accede to the applicants' request."
The Omagh relatives are suing Michael McKevitt, Liam Campbell, Colm Murphy, Séamus Daly, Séamus McKenna and the "Real IRA" for £14 million (€20 million).
A former FBI agent, Mr David Rupert, who gave evidence in the trial of "Real IRA" leader McKevitt in Dublin, will be one of the witnesses called by the relatives' legal team.
The Omagh bombing, which was claimed by the "Real IRA", killed 29 people, including a woman pregnant with twins, and injured more than 300 in August 1998.
McKevitt (54), of Beech Park, Blackrock, Co Louth, was jailed for 20 years in August 2003 for directing the activities of a terrorist organisation and for membership of an illegal organisation.
Mr Murphy (52), of Jordan's Corner, Ravensdale, Co Louth, was sentenced to 14 years in January 2002 after he was convicted of conspiracy to cause an explosion in August 1998, but a retrial has been ordered after the Court of Criminal Appeal quashed his conviction last month. He is free on bail.
Campbell (41), of Upper Faughart, Dundalk, Co Louth, was sentenced to eight years in May 2004 for membership of the "Real IRA" on dates in 2000 and 2001.
Daly (33), of Culloville, Castleblayney, Co Monaghan, was jailed for 3½ years in May 2004 after he pleaded guilty to membership of the "Real IRA".
McKenna (49), of Marian Park, Dundalk, Co Louth, was jailed for six years last month for the possession of an explosive substance in Co Louth in June 2003.
Detectives investigating the bombing arrested a 34-year-old man from the Dundalk area yesterday. He was taken for questioning to Newry, Co Down.