Three Chicago newspaper reporters have agreed to hand over taped recordings of interviews with a key witness the Special Criminal Court trial of alleged 'Real IRA' leader, Mr Michael McKevitt.
The interviews were conducted with Mr David Rupert, a 51-year-old former trucking boss from New York state who was paid by the FBI and MI5 to infiltrate dissident republican groups.
A Chicago judge had rejected their claim the reporters were covered by an Illinois law that protects journalists and their sources.
Mr McKevitt's legal team applied to have the tapes handed over in an effort to strengthen their case that want the tapes in a bid to show Mr Rupert was not a credible witness.
Reporters Mr Abdon Pallasch of the Chicago Sun-Timesand Mr Flynn McRoberts of the Chicago Tribunehad signed a contract under which they would interview Mr Rupert and then write a book about his experiences. Mr McRoberts later dropped out of the plan and Mr Robert Herguth of the Sun-Timestook his place.
Prosecuting counsel Mr George Birmingham SC told the Special Criminal Court that the tapes were due to be handed over to the FBI for "vetting" later today.
Mr Birmingham said that the tapes had to be studied for sensitive material by people who were centrally involved in the investigation and most of those people are here in Ireland. "A team of people who have been assembled and who will work on this over the weekend will fly from Dublin," he added.
Mr Birmingham said that it was hoped to complete the examination of the tapes by close of business on Monday and the prosecution would then have to consider the material. Hasked the court in the circumstances to defer cross examination of Mr Rupert by Mr McKevitt's lawyers until next Wednesday.
In a separate development Mr Birmingham said that earlier he had told the court that possible contempt action is being taken over articles by one journalist in one particular publication. He said that the prosecution had become aware of a specific article in a periodical and there were very serious concerns that it was a deliberate attempt to seek to influence the court. He said action would also be taken about this article.
Mc Kevitt's counsel Mr Hugh Hartnett said that the defence team have constantly been writing to the State complaining about matters appearing in the press.
Mr Rupert claims the FBI recruited him in 1994 to befriend and collect intelligence on dissident republicans in Ireland and the United States.
Mr McKevitt (53), of Beech Park, Blackrock, Dundalk, Co Louth, denies membership of an unlawful organisation styling itself the Irish Republican Army, otherwise the IRA, otherwise Óglaigh na hÉireann, between August 29th, 1999, and March 28th, 2001. He is also charged directing the activities of the same organisation. If convicted by the three-judge court, he could face a life sentence.