Belfast Telegraph

Dissident accused lose court bid to find newspaper’s source

- BY ALAN ERWIN

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.”

Newspapers in English

Newspapers from Ireland