Case Studies:
PSNI and Met Police acted illegally by spying on two Belfast journalists
In October 2017, the PSNI announced that it had requested Durham Constabulary to investigate No Stone Unturned, a documentary that detailed how the RUC had colluded with and protected UVF killers involved in the murder of six men in Loughinisland on the 18th June 1994.
Durham Constabulary was tasked with leading an "independent" investigation, as the PSNI could not be seen investigating itself. On the 31st August 2018, our client, Barry McCaffrey and colleague Trevor Birney were arrested and questioned regarding the alleged theft of sensitive intelligence documents and breaches of the Official Secrets Act. John Finucane acted for Mr Barry McCaffrey, journalist and co-creator of the film, throughout.
In June 2019, senior judges ruled that the arrests had been unlawful. Mr McCaffrey and Mr Birney received a public apology from then PSNI Chief Constable Simon Byrne, as well as substantial financial damages of £875,000.
When faced with the likelihood of severe penalties from the IPT, Durham Constabulary disclosed that the PSNI had, in fact, been responsible for all unlawful activity.
What is the Investigatory Powers Tribunal?
The Investigatory Powers Tribunal (IPT) is an independent judicial body that investigates complaints about the conduct of public authorities in the UK.
Our client, Mr McCaffrey writes in the thedetail that, "since its inception in 2001, the IPT has looked at 4,073 complaints against the various intelligence agencies. It has only found in favour of complainants in 1% (47) of those cases." This highlights the significance of yesterday's judgement which declared that the PSNI and Metropolitan Police acted illegally by spying on the journalists. The IPT ruled that the PSNI were to pay each journalist a further £4,000.
Speaking from London, John Finucane said:
“Today’s ruling by the Investigatory Powers Tribunal is resoundingly and rightly in favour of the powerful work of journalists, including the exceptional Trevor Birney and Barry McCaffrey.
As these investigative journalists carried out their job, including assisting victims and families, police forces and state bodies from across these islands sought to criminalise them for doing so.
This is a momentous day vindicating the work and relentless determination of these two remarkable journalists.”
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