A man accused of murdering two soldiers outside an Army base in Co Antrim could die in prison if he contracts swine flu, the High Court has heard.

Lawyers for cystic fibrosis sufferer Brian Shivers (44), claimed his illness meant the consequences of an outbreak while he is held in custody could be fatal.

Despite their warnings, and the offer of £325,000 in cash and property as sureties, his application for bail was refused due to the risk of further offending.

Shivers, of Sperrin Mews, Magherafelt, Co Londonderry, is charged with the murders of sappers Mark Quinsey (23), and Patrick Azimkar (21), at the gates of Massereene Army barracks in Antrim in March.

He is also accused of multiple attempted murders and possessing firearms and ammunition with intent in connection with the Real IRA ambush on soldiers collecting food from pizza delivery men.

Prominent Lurgan republican Colin Duffy has also been accused of the killings.

Prosecutors said the case against Shivers was based on DNA recovered from matchsticks found in the partially burnt out Vauxhall Cavalier getaway car.

It was claimed that the chances of the profile belonging to someone other than him were one in a billion.

But defence barrister Kieran Vaughan argued that mixed profiles had been found, and that according to experts it was possible to transfer someone's DNA simply through the touching of hands.

He likened the case to that of the Omagh bomb trial where South Armagh electrician Sean Hoey was cleared of murder after forensic evidence was discredited.

The court was told that when Shivers was questioned he denied involvement in the murders and claimed to have been at home on the night of the shootings apart from going out to get a Chinese.

According to Mr Vaughan, any fears that his client would flee if released were countered by the severity of his illness and his need for regular hospital treatment.

“There are forceful reasons why he would want to remain in this jurisdiction if granted bail,” he said.

The barrister drew Lord Chief Justice Sir Declan Morgan's attention to a press report about a swine flu scare within the prisons and claimed the potential consequences for Shivers could be different to any others exposed.

Mr Vaughan said: “If this type of flu was to enter the prison system it is not an exaggeration to say it could spread like wildfire.

“The consequences for Mr Shivers, it's not being overly dramatic to say that he could die if he was to find himself in that position.”

But following a lengthy application, Sir Declan concluded after reviewing the evidence there was a case advanced by the Crown that Shivers was one of those involved in the killings.

“Whether or not that is so will clearly have to be determined by the trial judge,” he stressed.