Loyalist Jamie Bryson to attempt to have case against him thrown out on human rights grounds

Jamie Bryson is also expected to cross-examine ten witnesses at his legal bid to halt the criminal proceedings.

A preliminary inquiry to examine the strength of the prosecution case has been listed for March next year.

Mr Bryson, 30, denies a charge of conspiracy to commit misconduct in a public office on dates between September 1-24, 2015.

Former Sinn Fein MLA Daithi McKay, 38, and party member Thomas O’Hara, 36, are accused of the same offence.

The case relates to a Stormont probe into the £1.2bn sale of the National Asset Management Agency (Nama)’s Northern Ireland property portfolio to US investment giant Cerberus.

In September 2015 Mr Bryson gave explosive evidence to the Finance Committee examining the deal.

Using parliamentary privilege, he made an unsubstantiated allegation that Peter Robinson, the then DUP First Minister, was set to profit.

Mr Robinson strenuously denied any wrongdoing, insisting that he neither expected nor received any money from the sale.

He branded Mr Bryson’s evidence a “pantomime”.

At the time Mr McKay was chair of the Finance Committee and seen as a rising star within Sinn Fein’s ranks.

But a year later he stood down as an MLA for North Antrim and quit the party.

His resignation followed allegations that he and Mr O’Hara were involved in coaching Mr Bryson ahead of his appearance at the committee.

Police launched an investigation into the affair following a complaint by senior DUP figure Lord Morrow.

A decision was then taken to prosecute Mr Bryson, of Rosepark in Donaghadee, Co Down; Mr McKay, of Loughan Road in Dunnamanagh, Co Tyrone; and Mr O’Hara, from Lisnahunshin Road in Cullybackey, Co Antrim.

It centres on an alleged conspiracy to subvert the Finance Committee’s proceedings by giving evidence that should not have been permitted in open session.

With Mr Bryson claiming the prosecution case is too weak to advance to trial, a further legal point emerged today.

He told Belfast Magistrates’ Court that he will be raising an “enhanced ground of challenge”, arguing that the alleged offence does not comply with Article 7 of the European Convention on Human Rights.

Under the terms of Article 7 no-one can be held guilty of a criminal offence for any act which did not constitute a criminal offence under national or international law at the time it was committed.

A list of 10 prosecution witnesses has also been provided for the Preliminary Inquiry (PI).

Those expected to be cross-examined include Kevin Geddes, the retired senior detective who headed the police investigation.

District Judge Fiona Bagnall agreed to fix the PI for a four-day hearing.