Anti-terror laws ‘used to spy on Plebgate journalists’
Sun newspaper taking Metropolitan Police to tribunal over claim rights of reporters were breached
THE police abused controversial antiterror powers to spy on journalists’ phones to uncover the source of the “Plebgate” scandal, a tribunal heard.
In the first case of its kind, judges yesterday began analysing a case brought by The Sun newspaper against the Metropolitan Police.
Lawyers representing journalists have complained about the way police used the Regulation of Investigatory Powers Act (Ripa) after Andrew Mitchell, the then government chief whip, was accused of calling police “plebs” during a dispute over his bike outside Downing Street.
Journalists’ lawyers say a central issue is whether detectives’ “recourse” to “the disputed Ripa powers” in order to identify “confidential sources” was necessary after the story appeared in
The Sun in September 2012. Judges have been told that News Group Newspapers – which publishes
The Sun – have taken action against the Metropolitan Police alongside reporters Tom Newton Dunn, Anthony France and Craig Woodhouse.
Evidence is being analysed by the In- vestigatory Powers Tribunal, which considers complaints about the way public authorities use covert techniques, at a hearing due to end today.
Police deny wrongdoing and say the complaints should be dismissed.
Gavin Millar, QC for News Group and the journalists, said in a written outline: “This is the first claim in this jurisdiction by journalists and their newspaper alleging that their [human] rights were violated because the Metropolitan Police used covert powers to identify a confidential journalistic source.”
He said the case raised issues of “great importance” and journalists had a “fundamental right” to protect sources. He argued principles laid down in Article 10 of the European Convention on Human Rights protecting freedom of expression had to be considered.
He said that “important requirements” had been “disregarded” and that journalists’ rights were “unquestionably violated”.
Mr Millar said there had been no need to use “covert” Ripa powers and suggested that officers could have used a provision in the 1984 Police and Criminal Evidence Act. He said police had not scrutinised facts and had not applied relevant legal principles.
Jeremy Johnson, QC for the Metropolitan Police, disagreed.
“It was reasonably suspected that there might be a criminal conspiracy by police officers to smear Mr Mitchell and thereby cause his resignation and destabilise the government, with the intention of promoting opposition to government cuts to the police service,” he told judges in a written outline.
“In the course of the ensuing criminal investigation, under the independent supervision of the Independent Police Complaints Commission, the Metropolitan Police Service obtained call data which was likely to (and was) of significant assistance in furthering the investigation (ultimately establishing that there was no such conspiracy...).”
He said it had been necessary and proportionate to obtain call data because police were investigating a suspected criminal offence. He said call data had been obtained in “accordance” with Ripa.
Lawyers said judges could award compensation if they ruled in favour of the journalists and News Group.
The “Plebgate” affair resulted in Mr Mitchell’s resignation as chief whip, one police officer being convicted of misconduct in public office and the dismissal of a number of other officers.