Kennedy avoids court in "Stakeknife" affair
The attempt to have NIO Security Minister Jane Kennedy face courtroom questions over the 'Stakeknife' spy affair was thrown out by Judge Carswell on Tuesday 6 August at Belfast High Court.
application for discovery of British government documents about newspaper allegations that West Belfast man Freddie Scappaticci was the British Army's top spy in the IRA was also dismissed.
Scappaticci has already been granted leave to apply for a judicial review of Kennedy's refusal to confirm he was not and army agent.
Barrister for Scappaticci, Neil Fox, said it appeared a government department dealing with security matters called the 'D' notice committee, had written to certain newspapers advising them to publish the 'Stakeknife' story.
Fox said one editor had confirmed receiving government advice and acted upon it.
"Editors would have been aware that publication of Scappaticci's name would have placed his life in great danger and if there was advice that it was safe to go ahead and publish his name then it's clear there was government involvement," said Fox.
Declan Morgan, appearing for Kennedy, said the affidavit before the court confirmed the British government's policy of refusing to confirm or deny the identity of agents.