News

Loyalist loses harassment action over newspaper allegations of UVF links

Colin Fulton lost his High Court harassment action over newspaper allegations of loyalist paramilitary involvement
Colin Fulton lost his High Court harassment action over newspaper allegations of loyalist paramilitary involvement Colin Fulton lost his High Court harassment action over newspaper allegations of loyalist paramilitary involvement

A PUP member has lost his High Court harassment action over newspaper allegations of loyalist paramilitary involvement.

Even though a judge held that a series of Sunday World articles caused distress to south Belfast man Colin Fulton, he concluded that publication was reasonable and "a robust expression of press freedom".

Rejecting a claim for damages against the newspaper, Mr Justice Deeny said of its journalists: "I do not consider that their motivation was vindictive but was to expose criminal conduct and wrongdoing."

Mr Fulton (39) denied ever being a member or leader of the UVF or any other paramilitary organisation.

He sued over 28 articles published between August 2012 and January 2014. Some referred to him as a "UVF thug", a "UVF gangster", a "UVF godfather" as well as linking him to involvement in illegality.

Mr Fulton insisted the stories were untrue and had put his life at increased risk from dissident republicans.

The court heard on Wednesday he has received at least six separate warnings from police that he is under threat - four of them coming after the Sunday World began claiming he has a paramilitary role.

As part of his case it was stressed that he has no criminal record.

Unemployed for 18 years, he was described as carrying out voluntary community work for the PUP, which he joined in 2010.

During the trial he repeatedly said the articles were lies and had "turned his life upside down". The allegations he emphatically denied included:

:: Encouraging boys in his neighbourhood to meet UVF men who then assaulted and tasered them.

:: Involvement in the guns trade or running a drinking den near his home in the Village area.

:: Going on six holidays in 2013.

:: Being known by the nickname "Meerkat", insisting the first time he heard of it was reading it in the Sunday World.

At first he also claimed the PUP had no real link to the UVF, before admitting the party gave guidance to the paramilitary organisation.

In evidence the Sunday World's former Northern Editor, Jim McDowell, told of the personal cost in trying to expose criminals through the newspaper.

He was beaten up outside Belfast City Hall by UVF men.

His colleague, Martin O'Hagan, was murdered by another loyalist paramilitary faction in 2001.

Another journalist Richard Sullivan described an incident where he believed he was "tailed" by three men after Mr Fulton spotted him.

Ruling on the case, Mr Justice Deeny rejected claims for harassment and breach of Mr Fulton's right to life under the European Convention on Human Rights.

"Having heard the two experienced and courageous journalists concerned I am satisfied that they were acting in good faith in publishing the articles."

Mr Fulton's flying of the UVF flag outside his home - although he claimed it was to mark the centenary of the World War I UVF - and association with alleged members of the organisation was also noted.

"I formed the view that he did relish his notoriety, as counsel put to him," he added.

"It is the facts which lead to the threats more than the reporting of facts or allegations made in good faith by experienced journalists."

Acknowledging the plaintiff has never been arrested or questioned about the allegations, Mr Justice Deeny suggested police could choose not to for good operational reasons or a difficulty with witnesses.