Bid to force journalist to reveal Real IRA information

Police in the North went to court today in a bid to force a journalist to hand over information about the Real IRA and sought to have the case heard in private.

Chief Constable Hugh Orde launched the case after Suzanne Breen, northern editor of the Dublin-published Sunday Tribune, refused to give up materials linked to two articles she wrote about the dissident republican group.

When the case opened before Recorder Tom Burgess in Belfast, counsel for the Chief Constable said he was applying for the case to be heard in the absence of the public and the media because of the sensitivity of the information that would be disclosed.

Barrister Tony McGleenan said he further wanted Ms Breen and her legal representatives to be cleared from the court while a police witness explained to the judge why the case should be heard in camera.

After some legal argument, the judge ordered the court to be cleared while the police witness was sworn in and gave evidence.

The judge said he would rule on Tuesday whether the police application had fallen at the first hurdle, or if it had merit, and then give Ms Breen’s barrister time to mount an argument against the decision.

Ms Breen has refused to comply with police requests made formally to her seven days ago to hand over information including phones and her computer, insisting she had to protect her sources.

She received the Real IRA’s claim of responsibility for the murder of two soldiers at the Massereene Barracks in Antrim in March.

Police want details of the claim and an interview with a senior Real IRA representative in which the group admitted murdering Denis Donaldson, the senior Sinn Féin official who was exposed as an MI5 informer.

He was shot dead just over three years ago at the Co Donegal hideaway where he set up home after being unmasked.

Mr McGleenan told Judge Burgess that the background to the application for the case to be heard in camera was the continuing investigation into the murder of Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, as they collected pizzas from a delivery man at the front gates of their barracks.

He said: “This is a major investigation now at the seven-week juncture. Some persons are in custody, some persons have been charged, and there may be further persons questioned and charged.”

Given the nature and gravity of the case, information which police would give in their application for the case to be heard in camera should be heard in private , he said.

Paul Girvan, for Ms Breen, said his client was determined to protect her sources and pointed out that not to do so could put her life at risk.

“The Real IRA are a terrorist organisation who have made it clear they are a threat to anyone who assists the Crown in any way,” he said.

He added that, if any evidence of their intent was needed, it was the wounding of the pizza delivery men in the attack.

He cited her right to life under Article 2 of the European Convention on Human Rights – which the judge agreed supplanted all other conventions.

But the judge said it was the balance of rights the court had to deal with.

With that he ordered the court to be cleared to hear the evidence of the unnamed police witness.

He said he would hold a review hearing on Tuesday how the case proceeds.

Speaking outside the court, Ms Breen's solicitor, Joe Rice, said that if the police were successful ``it would be tantamount to providing a gagging order in relation to the media''.

He added: “We have not seen any evidence which supports the police point of view – at this stage.”

Ms Breen said she was standing by her decision not to comply with the police requests.

“I think it is a fundamental of journalism that we protect our sources.”

She made clear she was ready to go to the House of Lords or the European Court to uphold her journalistic rights.

“This is the start of a process, it will be a lengthy process. We will fight this case and take it as far as it can be taken – we will go to the highest court in the land, or abroad.

“We are not prepared to capitulate. Protection of sources I will take to the grave,” she said.

Aside from defending journalistic ethics, she said “there is a risk to my own life if I comply with the police”.