A High Court decision by former Lord Chief Justice Carswell is being used by police as an excuse NOT to investigate the serious offence of perjury in the High Court in Belfast.
Belfast man Freddie Scappaticci "Stakeknife"
Sir Robert Carswell, Lord Chief Justice in Northern Ireland, said in his ruling he had taken into consideration a number of matters including the threat to Mr Scappaticci`s life.
But he ruled that if the government was to depart from its policy of neither confirming nor denying spying allegations it could put the lives of agents at risk.
Mr Scappaticci has consistently denied the allegations against him, insisting his life had been placed at risk.
During the hearing it emerged that west Belfast man, who has admitted to having been a republican, was granted general security measures following media coverage of the accusations against him.
Mr Scappaticci was denied the key person`s protection scheme in Northern Ireland which would have resulted in him having a police guard.
Sir Robert ruled in the High Court that the decision by Jane Kennedy not to comment on the claims ``did not constitute a breach of the positive obligation placed upon her as a public authority and upon the Government to take appropriate steps to safeguard the applicant`s life``.
If a public statement was made denying one person was an agent, it could place in danger the life of another individual facing similar allegations in the future, especially if the government refused to comment, he added.
