Mr Justice Anthony Hart has allowed police transcripts of interviews with Colin to be admitted as evidence. Colin's defence team had asked for his interviews to be excluded as evidence so no inference could be drawn from his silence. However, the judge said the advice given by the solicitor was adequate and he could see no reason to exclude it.
On Wednesday, Pat Vernon, Colin's solicitor at the time of his detention, said he had concerns over whether police were monitoring their conversations.
Mr Pat Vernon told the court that police at Antrim police station failed to assure him that his consultation with his client would not be monitored. He said this concerned him so he advised Colin to deny involvement in the attack, deny membership of any organisation and not to answer any questions during police interviews. Mr Vernon said from the outset Colin had denied knowing anything about the attack.
Mr Justice Hart said: "I am not persuaded that, even if Mr Vernon had received the assurances he asked for, that the defendant would have been advised to disclose something he may later rely on - because there is nothing to suggest that would have been the case."
Judge Mr Justice Anthony Hart said: "Here there was no prejudice to the defendant and as he did receive legal advice and made no admissions I am satisfied that I should not exercise my discretion to exclude the evidence and I refuse this application." Solicitor Pat Vernon
Mr Justice Hart said Thursday's ruling did not mean adverse inference would necessarily be drawn.
The court later heard evidence from soil and geology experts who helped analyse samples taken from clothing belonging to Colin and material from the alleged getaway car.
The trial will continue on Monday.