Loughinisland: Police return 'unlawfully seized' material to journalists

Trevor Birney and Barry McCaffrey with haul of files and personal items

Author: Tara MclaughlinPublished 4th Jun 2019
Last updated 5th Jun 2019

Two investigative journalists have had journalistic and personal items returned, after a case against them was dropped.

Trevor Birney and Barry McCaffrey visited a police station in south Belfast on Tuesday to collect their belongings.

The haul included laptops, phones- including Trevor's daughters and her personal pen drive which contained important GCSE material.

There was also a vast amount of files, papers, hard drives and research belonging to the reporters.

Trevor spoke to the media outside the police station in Castlereagh:

"The key thing that you can see is finally my daughter is getting her little lollypop USB stick back, which apparently has her GCSE homework coursework on.

"These were obviously critical to the investigation into myself and Barry and what we are meant to have done.

"It tells you everything you need to know about this investigation.''

Their possessions were 'unlawfully' confiscated and the pair arrested by police last August after a documentary aired over the Loughinisland killings.

Police said a watchdog document had been allegedly stolen but last week a court ruled search warrants used by the PSNI were unlawful.

Mr Birney and Mr McCaffrey have always maintained the material came from an anonymous whistleblower, they have been on bail ever since their arrest.

In a dramatic development late on Monday night, officers announced the criminal probe into the film-makers was being discontinued but an investigation into the alleged theft would continue.

Representatives of the National Union of Journalists and Amnesty held banners in support of the duo in Belfast on Tuesday.

Patrick Corrigan, Northern Ireland Programme Director for Amnesty International spoke to Downtown Cool FM:

"It really is a good news day for press freedom in Northern Ireland and across the UK.

"If Trevor Birney and Barry McCaffrey had have been unsuccessful in their legal challenge, frankly, every investigative journalist across the UK would have had to live in fear of a dawn raid, a dawn knock on the door by police.

"They have...successfully defended press freedom, it's a good news day for the press, another stage of it is taking place here today as they recover all of their material."

Speaking after a van full of their items were returned, Mr McCaffrey said the two journalists were treated like criminals:

"Our names were dragged through the mud.

"Trevor's children were forced to watch him being arrested and taken away, an eight-year-old girl.

"Was this necessary? Why did this have to happen?''

He also called for an apology from the heads of the PSNI and Durham police which was asked to investigate the alleged theft.

He criticised how the judge who granted the search warrant of their office and homes was directed by officers.

"This cannot be allowed to happen.

"Somebody has to be held to account.

"This is not right.''

He said those who directed, led and oversaw what the police were doing had questions to answer.

"This investigation really had no focus other than sending a chill factor to journalists and no matter who got caught up in that, whether it was my children or Barry's family.''

He asked: "What is the evidential value of a pink phone, a USB stick and a lollypop USB stick?

"It is ridiculous, it is laughable, and I think there have to be questions asked and answers given - people have to be held to account.''

Mr Birney said it was a "fishing expedition'' which the High Court had "eviscerated'' in a damning indictment of the leadership of the PSNI.

Three senior judges in Belfast quashed warrants used by police to seize a wide range of journalistic material from early morning raids on the men's homes and their film company, Fine Point.

Their 2017 documentary No Stone Unturned broke new ground by naming suspects it said were involved in the UVF killings of six Catholic men gathered in a village pub watching the Republic of Ireland play a World Cup football match on TV.