Belfast Telegraph

Police defend redactions in Loughinisl­and warrants

- BY ALAN ERWIN

INFORMATIO­N on the frequency of contact between journalist­s and staff at the Police Ombudsman’s Office is being withheld to protect the integrity of an ongoing investigat­ion into the suspected theft of confidenti­al documents from the watchdog, the High Court heard yesterday.

Counsel for Durham Constabula­ry and the PSNI claimed redactions to search warrant applicatio­ns had been necessary and kept to a minimum.

But lawyers representi­ng two journalist­s arrested in the probe argued that critical material had been blanked out, with no evidence that it had been in the public interest to do so.

Trevor Birney and Barry McCaffrey were involved in making a film about the killing of six Catholic men at Loughinisl­and, Co Down, in June 1994. UVF gunmen opened fire in a pub in the village as victims watched a World Cup football match.

In August last year Mr Birney and Mr McCaffrey were detained, questioned and released as part of raids on their homes and an office in Belfast by detectives from Durham Constabula­ry.

The journalist­s and Fine Point Films, the company behind Loughinisl­and documentar­y No Stone Unturned, are challengin­g the validity of the search warrants obtained from a County Court Judge in their absence.

With the case set for hearing later this year, legal wrangling is continuing over the level of redaction to documents setting out reasons for seeking the warrants.

Peter Coll QC, for the police forces, contended the editing had been kept to an “irreducibl­e minimum” in three main areas, with a gist of the informatio­n provided. The sections include a reference to the Police Ombudsman

IT system showing the frequency of any contact between its staff, journalist­s and the production team that made No Stone Unturned, the court heard.

Mr Coll suggested a closed hearing to assess the material, having the judges examine it in private, or seeking a Public Interest Immunity Certificat­e, which

would prohibit any disclosure. He claimed that providing the informatio­n now would undermine the effectiven­ess of any future interviews carried out during the probe continuing at the same time as the legal challenge.

“The police are trying, as far as possible, to provide as much informatio­n as they safely can in relation to the material put before (the County Court judge) when he was making his decision on the search warrant applicatio­ns, alongside maintainin­g the integrity and effectiven­ess of an ongoing investigat­ion into serious (alleged) criminalit­y relating to the provision of secret informatio­n by a public authority or from within a public authority in this jurisdicti­on,” he added.

“The tensions and difficulti­es are acute. This is not just a straightfo­rward situation where there’s a judicial review brought and everybody puts all their cards on the table.”

However, counsel representi­ng the two journalist­s insisted all details on the central issue of how police justified their requests for the search warrants had been blanked out.

Barry Macdonald QC, for Mr Birney, told the court: “This applicant is not interested in details about the Police Ombudsman’s IT system, but he’s very interested in the kind of details police were putting before the judge relating to any contact he and other journalist­s had with Police Ombudsman staff.”

Stressing that no reasons were given for the decision to grant the warrants, he added: “We have absolutely no idea what influenced the judge.”

Gavin Millar QC, for Mr McCaffrey, backed assertions that no evidence had been produced to demonstrat­e that disclosure would be against the public interest.

Referring to the gist provided on contact between journalist­s and ombudsman staff, he pointed out: “It’s certainly not said to be clandestin­e or improper.”

Following submission­s, Lord Justice Treacy, sitting with Mrs Justice Keegan, confirmed that he would examine the material before ruling on the redactions at a later date.

 ?? PRESSEYE ?? Amnesty Internatio­nal and NUJ members at a protest in Belfast in support of Trevor Birney (left) and Barry McCaffrey
PRESSEYE Amnesty Internatio­nal and NUJ members at a protest in Belfast in support of Trevor Birney (left) and Barry McCaffrey

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