Journalist wins Real IRA case

Published Thursday, 18 June 2009
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A journalist has won the right to withhold information about the Real IRA from police after a judge ruled that her life would be in danger if she was forced to hand it over.

Suzanne Breen, northern editor of the Dublin-published Sunday Tribune, had been subject to a legal bid by PSNI chief constable Sir Hugh Orde, who wanted information on the murders of two British soldiers in March.

Northern Ireland-based Ms Breen received the Real IRA's claim of responsibility for shooting dead Sappers Patrick Azimkar, 21, from London, and Mark Quinsey, 23, from Birmingham, at the gates of Massereene Army Base in Antrim.

She also conducted an interview with a member of the organisation for her newspaper.

Notes

When she refused to hand over her mobile phone records and notes to officers investigating the murders, Sir Hugh went to court seeking an order to compel her.

Protection of the identity of sources was "an absolute" which, if broken, would prevent her being trusted again, Ms Breen said.

"It is the lynchpin of investigative journalism. We are journalists. We are not detectives. We chose to become journalists, not to become police officers or detectives."

Belfast Recorder Tom Burgess acknowledged that there was a great public interest in catching the killers but said the journalist's right to life outweighs that.

He rejected police argument that there was no immediate threat to the journalist, stating it was obvious that such a risk would only become real if the data was relinquished.

The judge described the Real IRA as a "ruthless and murderous group of people" who would have no hesitation in targeting the reporter.

"The group has the capacity to carry out such threat and is willing to carry out such actions," he said.

'Delighted'

An overjoyed Miss Breen described her relief at the ruling outside the court.

The journalist, who had potentially been facing a term in prison, said the case against her should never have been taken.

"I am just delighted the judge came to the right decision," she said.

"The past few months have obviously been very stressful, I think this action by police should never have been taken.

"I think it was a complete waste of time, resources and of taxpayers' money and hopefully the police will learn from this decision and no other journalist will find themselves in the position that I found myself, potentially facing up to five years for doing nothing other than my job."

The reporter was flanked by supporters and representatives from the National Union of Journalists, which backed her case, as she left Laganside Court in Belfast.

NUJ secretary, Seamus Dooley, hailed the judgment as a landmark ruling.

He said journalism would have been badly damaged if the decision had gone the other way.

"It would have been a major blow to journalism," he said.

Amnesty International has also welcomed the ruling.

The human rights organisation's Northern Ireland Programme director Patrick Corrigan said: "This case had serious implications for the freedom of the press in the UK and Ireland.

"We welcome today's decision but remain concerned at this attempt by the PSNI to use secret evidence and anti-terrorism legislation against a journalist."

A police spokesman said the PSNI accepted the decision of the court.

He added: "Nevertheless, the investigation into this atrocity remains active and ongoing.

"Police will continue to endeavour to use every possible legal means to access information which may assist their inquiries.

"All the victims of the Massereene attack, their families and the community expect and deserve nothing less."

© Press Association
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5 Comments
Steven in Edinburgh wrote (1,070 days ago):
Lorna, I think you made a good point. The ruling today was that Ms Breen did not need to reveal her sources as this would endanger her life. As a result, there is now a legal precedent for anyone to refuse to give evidence if they are under threat. This is the same reason as we have Diplock Courts - a fear of the jury being under threat. These courts still continue, and in the interests of continuity of the law in this land, the same rights should be granted to jurors as to civilians.
Steven - Edinburgh in Edinburgh wrote (1,070 days ago):
While I condemn entirely the murders, this is a fantastic result for journalism. This journalist may not know who killed them - she just has a source who was informed by the RIRA that it was them. Legally, the informant didn't technically break the law. I relate this case to Ian Paisley Jr's case at the moment. He was given information by a Prison Officer and he refuses to divulge it. The same argument could be made that he is protecting terrorist killers. Alternatively, you can look at it as protecting a line of communication to shed light on a terrible thing that happened in our society. I support Ms Breen and Mr Paisley. If police want to catch these killers, then they need either one of 2 things; informers or under-cover police infiltrating the organisations. The journalists are providing what information they can while protecting their sources, in the same way as police do when they have informers. This ensures a continued source of data for future events, which the police can use. Essentially, this legal protection needs to be granted to journalists, politicians and clergy - including Ms Breen and Mr Paisley.
Ali in Co Londonderry wrote (1,070 days ago):
This is ridiculous, and I dont know how she can smile about this, after knowing who admitted the killing of the 2 soldiers! She should be made tell who did it, this is what is wrong with this country and why it is the way it is! If the people arent caught, they will continue to hurt or kill innocent people!!!
lorna in limavady wrote (1,070 days ago):
If she has the right to not reveal this information then why would others give inFormation and leave themselves under threat. It is the duty of the person who has valuable information to tell the police and get convictions. Was that not the problem all through out the troubles when people were afraid and the RUC had to take desperate measures to get anyone convicted. Results were many unsolved murders and complaints against the police.
G J in BELFAST wrote (1,070 days ago):
No justice in Northern Ireland again with information held about 2 soldiers being shot by the Real IRA. She should be jailed until she gives information to the PSNI.
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