Ms Aoife O'Leary:

A part of the right to a fair trial is the duty on the prosecution to disclose material which may undermine the prosecution case and which may assist the defence. If it is the case that material available in a counselling record would meet that test, and where a judge has looked at that material and made a determination that the correct thing to do to uphold the fair trial rights of the accused would be to disclose the record, that is the basis for that disclosure.