Court hears Catholics blamed by senior civil servant for anti-PSNI court orders

A senior police officer believed “perverse” judicial decisions were being made against the Police Service of Northern Ireland (PSNI) because of the “prevalence of Catholics” in the court system, it has been claimed.

The allegation is contained in newly unsealed documents before the Investigative Powers Tribunal (IPT), a landmark hearing to determine whether it is illegal to secretly monitor journalists to identify their sources.

A lawyer has said it is extremely dangerous to suggest that senior judges are “robed sectarians” in breach of their judicial oaths.

The case was brought by journalists Barry McCaffrey and Trevor Birney, who were arrested in 2018 on suspicion of stealing files from the Police Ombudsman.

They were working on a documentary about the murders of six Catholic men who were shot dead by loyalist gunmen while watching a World Cup match. Loughinisland in 1994.

Mr Birney and Mr McCaffrey later won a case that found the warrants used to search their homes were “improper”.

The judge said they had acted correctly in protecting their resources lawfully and the PSNI had paid significant compensation.

Darren Ellis, a former police officer from Durham Constabulary, launched an investigation into the alleged theft of files.

The inquiry heard on Wednesday and described the decision to give the PSNI 24 hours to decide whether to appeal the decision as “unreasonable” and “a rather surprising decision by the chief justice”.

He later wrote an email to his former bosses in Durham saying he had been informed by a senior PSNI officer “about tensions within the legal system” in Northern Ireland, the inquest heard.

Mr Ellis said he had been advised to “be careful in dealing with barristers, barristers and members of the judiciary, given the disproportionate representation of those from Roman Catholic backgrounds”.

He also added that it was explained to him that “people from that community who want to pursue a career in law are often uncomfortable joining the police as a chosen career.”

“With due respect, notwithstanding the admirable wishes of the Good Friday Agreement.” he said.

He said the senior PSNI officer also believed there was “perverse decision-making” in criminal justice processes “by those of religious and political persuasion, given the prevalence of those from Catholic backgrounds within the Northern Ireland court system”.

Ben Jaffey KC, the barrister representing journalists who appeared before the court in London as witnesses, asked Mr Ellis whether he shared those views.

He said he did not do that and the comments did not play a role in his decision.

Mr. Jaffey later asked the court to overrule that denial, saying it gave insight into Mr. Ellis’s state of mind.

The lawyer said the Loughinisland documentary was one of the most important and serious work a journalist could do, but the police officer considered it “sensational”.

He stated that had it not been for both persistence and luck, the police surveillance issues before the court would not have come to light.

He noted that an investigation into uncovering how secret documents ended up in a documentary “will always be difficult, complex and sensitive.”

“Law enforcement was always going to be brought against the journalism community.

“All I was trying to do was seek the truth.”

Mr Ellis was asked about Grahame Morris’ phone call to the electoral office after the MP posed for a photo with Mr McCaffrey and Mr Birney.

He allegedly called the two journalists “criminals” and “thieves” during the meeting.

Mr Ellis said it was “an outrageous allegation against me and I took it really personally”.

The inquest heard on Wednesday that Mr Ellis wrote in an email to the IPT before going on trial that “the applicants and their legal teams operate in a community where no one holds them to account”.

He believed this allowed them to “be rude to people who ‘dare’ to challenge them.”

“They scream, fight and scare others for too long.”

“I think this is a strategy of intimidation and gentle intimidation and therefore placing a steel ring around corrupt activities.”

Stephen Toal KC, representing Trevor Birney, said Mr Ellis had shown hostility towards journalists and had “lost all impartiality during this investigation”.

He had held “conflict meetings” with retired police officers who had “complaints” against the ombudsman and journalists.

He said this affected the investigation and as a result it was not independent.

Addressing Mr Ellis, the lawyer said: “You asked what the difference is between a steady, professional and compassionate investigator and an aggressive investigator.”

“May I suggest to you that the answer is honesty and integrity.

“You lied at every opportunity.”

Mr Ellis said the accusation was “disgraceful” and said: “I don’t want to answer any more questions, it’s disgraceful.”

The IPT heard further evidence from Mr Ellis in a closed session.

The hearing is scheduled to end Friday, and the three-judge panel will issue a written decision at a later date.