Belfast Telegraph

SF man who sued two journalist­s to ask PSNI why it is trying to silence media

- By Liam Tunney

A SENIOR Sinn Fein MLA who unsuccessf­ully sued two journalist­s recently said yesterday that he is “seeking a meeting with the Chief Constable on attempts to silence journalist­s”.

Gerry Kelly was speaking after the Policing Board requested an “urgent” meeting with the PSNI amid revelation­s a number of Nibased journalist­s were subject to routine police surveillan­ce.

Mr Kelly is also a member the Policing Board.

In January, Mr Kelly sued Belfast Telegraph columnist Malachi O’doherty for writing that Mr Kelly shot a prison officer during the IRA Maze escape in 1983.

But the case — known as a SLAPP (Strategic Lawsuits Against Public Participat­ion) — was dismissed as “scandalous, frivolous and vexatious”.

A similar case Mr Kelly took against another journalist, Ruth Dudley Edwards, was later settled. Details of the surveillan­ce were revealed in documents released as part of the Investigat­ory Powers Tribunal (IPT), sitting at the Royal Court of Justice on Wednesday. The court heard that the PSNI was engaging in six-monthly trawls of phone data belonging to eight journalist­s in NI. Now the Policing Board has requested a meeting with PSNI Chief Constable Jon Boutcher to discuss the revelation­s.

The board will “seek further clarificat­ion and assurance around whether surveillan­ce powers have been used lawfully, proportion­ately and appropriat­ely in the past”.

“At the June Board meeting, the Board’s Human Rights Advisor John Wadham will also provide Members with an assessment on whether authorisat­ion policies and procedures were correctly adhered to,” said a spokespers­on.

The IPT is examining allegation­s that two investigat­ive reporters in Northern Ireland were subject to unlawful covert intelligen­ce by police as part of Operation Yurta. Evidence presented to the tribunal suggested that the PSNI spying operation extended to six other reporters in Northern Ireland.

The documents show the surveillan­ce started in 2007/8 and went on for a decade, involving a small group of journalist­s who were, in the words of one detective, “always looking for a story”.

Documents seen by the Belfast Telegraph show eight redacted names of those under apparent surveillan­ce by the PSNI.

Documentar­y makers Barry Mccaffrey and Trevor Birney were controvers­ially arrested in 2018 by police investigat­ing the alleged leaking of confidenti­al documents that appeared in a film they made about the Loughinisl­and Massacre. The PSNI was later forced to apologise and agreed to pay £875,000 in damages to the journalist­s and the film company behind the documentar­y No Stone Unturned.

In 2019, Mr Birney and Mr Mccaffrey lodged a complaint with the IPT asking it to establish whether there had been any unlawful surveillan­ce of them.

In a statement, Mr Kelly said Sinn Fein would also be seeking a meeting with Mr Boutcher.

“It’s becoming increasing­ly clear that police and British state bodies have gone to extreme lengths to monitor and silence journalist­s rather than deal with the allegation­s of collusion and police corruption which journalist­s have shone a light on,” he said. “We are deeply concerned about this week’s revelation­s and we will be pressing the Chief Constable for answers on the PSNI’S involvemen­t in these tactics,” he said.

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