MI5 tapes can be used in Duffy terrorism trial

Colin Duffy, 54, is one of three men who deny preparing and directing terrorism

A judge has rejected an attempt to throw out MI5 recordings which are central to the trial of three men accused of terrorism offences.

Colin Duffy, Henry Fitzsimons and Alex McCrory were allegedly recorded in Lurgan Park in 2013.

Their lawyers questioned the authenticity of material and analysis provided by prosecution experts.

However, the judge did exclude evidence in which experts attributed words on the recordings to each of the accused.

Belfast Crown Court has been told that 14 audio and video devices were used to secretly record alleged meetings involving the men following a dissident republican gun attack on police vehicles on the Crumlin Road in north Belfast in December 2013.

The recordings allegedly capture Mr Duffy, 54, Mr Fitzsimons, 55, and Mr McCrory, 60, discussing the attack.

Mr Fitzsimons, of Dunmore Mews, Belfast, and Mr McCrory, from Sliabh Dubh View, Belfast, deny attempting to murder police officers.

They and Mr Duffy, whose address in court papers was given as HMP Maghaberry, also deny preparing and directing terrorism and membership of the IRA.

Mr Justice O'Hara said the authenticity of the recordings "cannot reasonably or sensibly be doubted".

But he went on to state that "the more difficult question" arose over some evidence provided by voice analysis experts.

The police provided experts with transcripts which stated who spoke each sentence.

Describing this as "unfortunate", the judge said it gave rise to "more than a possibility" that the work of experts was "influenced in a manner which makes the admission of their evidence unfair".

He concluded: "Accordingly, I exclude from the evidence their attribution of words to the various defendants."

The case has been adjourned until 14 October.