Ex-police officer denies making claim about Catholic judges in Northern Ireland

ireland
Ex-Police Officer Denies Making Claim About Catholic Judges In Northern Ireland
Journalists Barry McCaffrey and Trevor Birney were arrested in 2018 as part of an investigation into the alleged leaking of a confidential document.
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By Jonathan McCambridge and David Young, PA

A former senior police officer has denied claiming that a prevalence of Catholic judges in Northern Ireland was leading to “perverse decisions”.

The statement from the ex-officer came in response to evidence given to a tribunal earlier this week.

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The Investigatory Powers Tribunal (IPT) hearing in London is examining claims that investigative reporters in Northern Ireland were subject to unlawful covert intelligence by the police.

 

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During evidence on Wednesday, former Durham detective Darren Ellis, who investigated a suspected leak in a documentary about a Troubles massacre, said a senior PSNI officer had told him there was a “disproportionate representation” in the judiciary from a Catholic background.

An email sent by Mr Ellis, which was read at the tribunal, said: “The officer informed me of what they considered to be perverse decision-making within the criminal justice process by those of a religious and political persuasion, given the prevalence of those from a Catholic background within the Northern Ireland courts system.”

In a statement issued on Thursday, a former senior officer said the alleged comments had been attributed to them.

The ex-PSNI officer denied making the remarks and said they were seeking legal advice.

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“I am deeply angered and offended by these comments,” said the former officer.

“To clarify, and for the avoidance of any doubt, I have the utmost respect for the judiciary and wider legal profession in Northern Ireland and have done so throughout my 35-year career.

“I firmly believe in the fundamental principle of equality, integrity and impartiality.”

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The former officer claimed they had challenged Mr Ellis about written comments the ex-officer said the Durham detective made about a senior judicial figure in Northern Ireland.

Earlier on Thursday, Northern Ireland’s police chief said he “does not recognise” the comments Mr Ellis attributed to the former senior PSNI officer.

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Chief Constable Jon Boutcher insisted his force has full confidence in the judiciary.

Mr Boutcher was asked about the matter during a meeting of the PSNI oversight body, the Policing Board.

Sinn Féin member Gerry Kelly said: “If that was said by a senior officer in the PSNI or an ex-senior officer in the PSNI, what would be your view of that?”

Mr Boutcher said: “We have to be very careful of any prejudice to the ongoing IPT proceedings.

“I need to say, just to reassure you and the board, I have a very constructive and positive relationship with the Lady Chief Justice (Dame Siobhan Keegan).

Chief Constable Jon Boutcher
Chief Constable Jon Boutcher. Photo: Liam McBurney/PA.

“We, as an organisation, have absolutely full confidence in our judiciary and we work closely with them.

“I don’t recognise those remarks.”

Mr Boutcher said the remarks “were not recalled” by the officer alleged to have made them and would be challenged.

Mr Kelly responded: “Obviously this has an effect on people who may believe what is out there.

“The question I am asking is, if any officer made remarks like that, I presume you would entirely disagree with them?”

Mr Boutcher said: “I cannot emphasise sufficiently how much I disagree with them.

“As I say, I have got full confidence in the judiciary.

Barry McCaffrey and Trevor Birney
Journalists Barry McCaffrey and Trevor Birney. Photo: Jonathan Brady/PA.

“We have an extremely good relationship with the judiciary and our criminal justice partners per se.

“I saw the remarks last night. I don’t recognise anything from those remarks from my time in Northern Ireland working both in legacy investigations or as chief constable.

“They are not correct, they are wrong. I have not seen anything which would reflect anything like that.”

Three police forces – the PSNI, Durham Constabulary and the Metropolitan Police – are part of the IPT hearing about alleged unlawful covert surveillance.

Journalists Barry McCaffrey and Trevor Birney were arrested in 2018 as part of an investigation into the alleged leaking of a confidential document that appeared in No Stone Unturned, a documentary about the 1994 UVF massacre in Loughinisland, Co Down.

The two men and the company behind the documentary were later awarded £875,000 in damages after the High Court in Belfast ruled that warrants secured by police to raid their homes and business offices in the city were wrongly obtained.

In 2019, Mr McCaffrey and Mr Birney lodged a complaint with the IPT asking it to establish whether there had been any unlawful surveillance of them.

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