A former detective, Darren Ellis, testified in a tribunal investigating claims that police unlawfully surveilled two journalists, Barry McCaffrey and Trevor Birney, who exposed collusion between Northern Irish police and paramilitary groups. The case, which has significant implications for press freedoms, centers on whether the surveillance of journalists was lawful, especially as they reported on police involvement in paramilitary murders in Loughinisland.
Ellis, who was brought in to investigate the journalists’ confidential sources, claimed that the solicitors acting for the journalists were aggressive, although he denied asking the Law Society of Northern Ireland to take any action against them. He described his role as raising concerns, not initiating formal investigations.
Ellis’ testimony was given before the Investigatory Powers Tribunal, which is tasked with determining whether the Police Service of Northern Ireland (PSNI) and other agencies unlawfully spied on McCaffrey and Birney.
The journalists had produced a documentary revealing the alleged collusion between police and paramilitary groups. In his evidence, Ellis acknowledged that his investigation focused on leaked documents but emphasized that he had no intention of targeting the journalists. He specifically denied trying to gather evidence that could lead to their arrest or implicate them in criminal activity, explaining that his focus was on uncovering unlawful leaks of sensitive information.
Former Detective Testifies on Police Surveillance of Journalists in Case Impacting Press Freedom
Ellis also revealed that he had sought permission to surveil a third-party official from the Police Ombudsman of Northern Ireland (PONI), who was suspected of leaking documents to the journalists. The surveillance was intended to monitor any interaction between the journalists and the official, particularly if confidential information was exchanged.
Although Ellis clarified that he was not investigating the journalists themselves, his actions were scrutinized as part of the broader inquiry into the extent of police surveillance and its potential overreach in matters involving journalistic sources.
The tribunal further heard that Ellis had criticized the film produced by McCaffrey and Birney, No Stone Unturned, labeling it sensationalist and misleading. Despite his personal reservations about the film’s content, Ellis maintained that his primary concern was the exposure of secret police information, which he believed to be a serious issue.
He insisted that the investigation was conducted ethically and in accordance with the law. His frustrations with his own police force, Durham Constabulary, also emerged in court. Ellis expressed feeling “let down” by the lack of legal advice and support from his department, leaving him feeling isolated during the investigation.
The case brought by McCaffrey and Birney against multiple agencies, including the PSNI, Durham Constabulary, MI5, and GCHQ, stems from their 2018 arrests and the subsequent unlawful search of their homes and offices.
A judicial review in 2019 cleared the journalists of wrongdoing, highlighting the illegal nature of the search warrants used by the police. This case has broader implications for the protection of journalistic sources and the right to press freedom, raising questions about the surveillance of journalists by law enforcement and intelligence agencies despite the introduction of stronger legal protections in 2016.
McCaffrey emphasized that the case was not only about their own experiences but also about the broader surveillance of journalists across the UK.
