The high-profile dissident republican accused of murdering two soldiers has rejected an assurance that covert surveillance will not be used against him in custody.
Lawyers for Colin Duffy claimed the current wording of the guarantee offered by the Northern Ireland Prison Service was unacceptable.
Duffy (41) is charged with the killings of Sappers Mark Quinsey and Patrick Azimkar outside an Army base in Antrim on March 7.
The soldiers were gunned down at the barracks gates as they collected pizzas from delivery men.
Duffy, from Lurgan, Co Armagh, is also being held on five counts of attempted murder and possession of arms and ammunition in connection with the Real IRA shootings of the soldiers.
He has delayed a High Court application for bail until he receives confirmation that no-one is listening in on any legal consultations.
A resolution appeared to have been reached when the Prison Service indicated last week that the undertaking would be given.
The Prison Service said that until appropriate steps are taken to remedy defects identified in the monitoring regime “no such surveillance will be authorised under the Regulation of Investigatory Powers Act 2000”.