Solicitors for the only man charged with the Omagh bomb claim their client cannot receive a fair trial after the British army was given access to sensitive legal documents vital to his defence.
Sean Hoey (36) of Molly Road, Jonesborough is awaiting trial in connection with the Real IRA bomb attack on Omagh in August 1998 which killed 29 people including a woman pregnant with twins.
He has been held in Maghaberry prison since March 2004.
However, in a highly unusual move Prison Ombudsman Brian Coulter has now said that he cannot guarantee that the British army or other unnamed persons were not given unauthorised access to confidential legal papers vital to Hoey's defence.
The ombudsman's concerns relates to an incident when prison officers removed Hoey's legal papers during a search of his cell in November last year.
Hoey, who was not present during the search, said he only became aware the papers were missing when he returned to his cell.
A subsequent investigation by Mr Coulter found that prison officers had come across references to explosives in the legal papers and had removed them.
The Prison Service assured the Ombudsman that the legal papers neither left the prison nor were photocopied.
However in a report into the incident, Mr Coulter wrote: "My investigating officer requested to view all records relating to the chain of custody for the documents from when they were removed from Mr Hoey's cell on November 1 until they were returned again to him.
"I am disappointed to learn that the only records available are those recorded by the staff who searched Mr Hoey's cell and removed the documents."
"The absence of these records makes it impossible to prove or disprove who actually had access to Mr Hoey's legal documents.
Hoey's solicitor Peter Corrigan said he would now be demanding that charges against his client were dropped.
"This is a total abuse of a person's entitlement to prepare a proper defence," he said.
"We have very real concerns as to who had access to this material." Mr Corrigan said.
