Crown 'must decide on witness'

Pat Finucane was killed by loyalists in his home in 1989

The Director of Public Prosecutions is to decide by Monday whether the central witness in the Pat Finucane murder case must give evidence.

The Crown Court has been told that if former journalist Neil Mulholland gives evidence in the trial of former loyalist paramilitary informer William Stobie it could cause a relapse in his mental health.

Mr Stobie, 51, a former Ulster Defence Association quartermaster, from Forthriver Road in Belfast, has denied aiding and abetting the murder of Belfast solicitor Pat Finucane in February 1989.

He has also denied involvement in the murder of Adam Lambert.

'Consider stress to witness'

Mr Finucane, a high-profile Catholic solicitor, was shot dead in front of his family at his home.

Mr Mulholland interviewed Mr Stobie in the early 1990's.

In a statement to the Stevens inquiry into the murder and allegations of security force collusion surrounding it, Mr Mulholland said Mr Stobie had told him that Mr Finucane was the target the night of the shooting.

Mr Stobie has denied he said this.

On Tuesday, Lord Chief Justice Sir Robert Carswell said it was outside the court's jurisdiction to rule on whether Mr Mulholland should be called to give evidence.

He said it was for the prosecution to decide, not the court.

'Relapse risk'

On Monday, a psychiatrist told the court that Mr Mulholland, a former Sunday newspaper reporter who is now a Northern Ireland Office official, was suffering from serious mental health problems and the stress of appearing could make him suicidal.

The lord chief justice said that in reaching a decision on whether to call Mr Mulholland the DPP should take the risk of causing Mr Mulholland a serious relapse in his mental condition into consideration.

The judge also said the usefulness of his evidence should be considered, given that its reliability had been called into question by a medical report.

The hearing was adjourned until Monday to allow the DPP time to obtain further information and reach a considered judgement.

The judge said the decision was central to the case.