Dissident accused lose court bid to find newspaper’s source
THREE men allegedly recorded in conversation following a dissident republican gun attack on police have lost a legal battle to force a newspaper to reveal its source for reports on the covert operation.
Colin Duffy, Alex McCrory and Henry Fitzsimons were seeking a High Court order compelling the Sunday World to disclose who supplied information for articles claiming to quote from the secret audio.
But a judge held that at this stage the importance of establishing the name did not outweigh the public interest in protecting journalistic sources.
Lord Justice Stephens cited the potential “chilling effect...in the context of alleged terrorist activities”.
Details of the case can now be published after reporting restrictions were lifted.
Duffy (49) from Forest Glade in Lurgan, Co Armagh; 55-yearold McCrory, from Sliabh Dubh View in Belfast; and Fitzsimons (48) of no fixed address, are currently facing trial on charges linked to the attack nearly four years ago when a police Land Rover and two accompanying vehicles came under fire on Belfast’s Crumlin Road.
Evidence against the trio centres on covert recordings of conversations in Lurgan the following day. The prosecution alleges those in discussion on the tapes are the three defendants.
In 2015 the Sunday World published two articles purporting to quote from the covert audio recordings.
Duffy, McCrory and Fitzsimons are suing the newspaper and the Chief Constable, claiming the source of the disclosure is a police officer.
They sought an injunction prohibiting the unidentified journalistic source from any further disclosure of the contents of the covert recordings and also wanted an order compelling the newspaper to reveal the name or status of the person who supplied the material.
Refusing the injunction, Lord Justice Stephens held there was no arguable case of a real risk that the unidentified journalistic source will repeat the alleged unlawful acts.
Sunday World legal representative Olivia O’Kane, partner at Carson McDowell, said after the ruling: “Lord Justice Stephens recognised the importance of journalistic sources as one of the basic conditions for press freedom.”