The Smithwick Tribunal had wanted to take preliminary evidence from the former IRA man (main picture) about his allegation that a Co Louth-based Garda officer was working for the Provos, and may have supplied details of Chief Superintendent Harry Breen and Superintendent Bob Buchanan's movements.

But Fulton's lawyers have written to tribunal solicitor Michael Buckley warning him the former soldier won't talk unless he receives legal guarantees concerning his evidence.

Fulton wants an assurance he won't be asked questions about terrorist events that occurred in Northern Ireland, or an undertaking from the British Government that testimony about his undercover role will not be used against him in criminal proceedings.

Last November the PSNI arrested Fulton at an English safe house and flew him to Belfast where he was questioned for five days about the April 1990 killing of Provo Eoin Morley in Newry.

He was released without charge but friends say he expects that further attempts will be made to implicate him in IRA operations because he has embarrassed the security agencies by claiming that current MI5 boss Jonathan Evans was one of his handlers.

The tribunal's lawyers had planned to travel to England to take a preliminary statement from Fulton, who has alleged he was present when a senior IRA man debriefed the Louth-based Garda officer.

Last week Sunday Life revealed that the Dundalk meeting officers Breen and Buchanan attended with Garda counterparts in March 1989 was to discuss ways of thwarting the criminal activities of the Provo chief-of-staff Thomas 'Slab' Murphy.

It was arranged just three days before they were ambushed near Jonesboro.

Friends of Fulton say his lawyers wrote to the Tribunal last November pointing out his legal requirements.

"His lawyers have heard nothing since writing last November, then they received a letter nearly a year later saying 'see you in a fortnight'," one friend said.

"Kevin isn't going to walk in there without legal assurances."