A High Court action over alleged deficiencies in the witness protection programme is to be heard in private over concerns that people's lives could be put at risk.

The case is being brought by David Mooney who claims he has been in 'grave danger' since exiting the programme because promises to grant him a new identity in the United States were broken.

In 2003 he aided a State prosecution by testifying against two men who were convicted and jailed by the Special Criminal Court. He was taken into witness protection for his own safety but claims his life has been at risk since leaving the programme in 2006.

He says he was promised a new identity and a green card for the United States - but neither materialised.

He is now suing the Garda Commissioner and the State for damages.

While the general rule under the Constitution is that justice is to be administered in public, Mr. Justice Paul Gilligan has decided the case is exceptional and will be heard in private.

It follows submissions from the State parties that they would not be able to put forward a defence in public without 'seriously compromising' the safety of those involved in the Witness Security Programme.

Mr. Justice Paul Gilligan said he was satisfied that if the identity of gardai involved in the programme became known they would become targets for subversive and organised criminal gangs.

He also accepted that publicity could jeopardise the future of programme and its relationship with a third country. However he has ruled that the outcome of the case will be made known in open court.