Suzanne Breen, northern editor of the Sunday Tribune, today won the right to withhold information on the Real IRA from the police after a judge in Belfast ruled that to hand it over would endanger her life.
Breen had been subject to a legal bid by Police Service of Northern Ireland chief constable Sir Hugh Orde, who wanted information on the murders of two British soldiers in March.
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.
Belfast Recorder Tom Burgess acknowledged today that there was a great public interest in catching the killers but said the journalist’s right to life outweighs that interest.
Mr Burgess said there was objective evidence that the terror group would target Breen if the information was handed to the authorities, even as a result of a court order.
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. But the judge also acknowledged that he had faced enormous difficulty in weighing the competing interests in the case.
The judge said he was satisfied that the concept of confidentiality for journalists protecting their sources is recognised in law and, specifically under the Terrorism Act 2000 and Article 10 of the European Convention on Human Rights.
“While Ms Breen may well have put herself at risk by involving herself with such an organisation, that risk would be greatly increased if she were to breach confidentiality.”
As well as a mobile phone claim of responsibility, Ms Breen conducted an interview with a member of the dissident terrorist group.
When she refused to hand over phone records and notes to officers investigating the security force murders, the Police Service of Northern Ireland (PSNI) went to court seeking an order to compel her to do so.
But as well as highlighting the risk to herself, Breen claimed the entire profession of journalism would be undermined if the court ordered her to reveal confidential sources.
She told the judge that protection of sources was the lynchpin of investigative journalism and that is was the police’s job to investigate crime, not the media’s.
Speaking afterwards, Breen said it was a "landmark decision" that recognised freedom of the press and journalistic confidentiality.
"Hopefully it means that no other journalist will be dragged before the courts...It couldn’t have been a better judgment from our point of view.”
“The police should do their job and leave journalists alone to do ours.”
Hugging family, friends and members of her legal team outside the court, Ms Breen described her relief.
“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.”
In a statement, the National Union of Journalists Irish secretary Seamus Dooley said the verdict was “a landmark victory for journalism and civil liberties”.
Mr Dooley said no journalist should face the prospect of a prison sentence for doing their job in the public interest. “Judge Burgess has recognised the central importance of the protection of journalistic sources and also accepted that a journalist who hands over confidential material could put their life at risk.”
Amnesty International's programmes director in Northern Ireland, Patrick Corrigan, said the case had serious implications for the freedom of the press in the UK and Ireland
“Freedom of the press is an essential element of the right to freedom of expression, recognised under international law, and in general includes the principle that journalists must be able to protect their sources. 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.”