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Loughinisland journalists' arrests called into question after Police Ombudsman says no theft was reported to police

Lawyer John Finucane with journalist Barry McCaffrey and film maker Trevor Birney with his lawyer Niall Murphy outside Musgrave Street police station.
Lawyer John Finucane with journalist Barry McCaffrey and film maker Trevor Birney with his lawyer Niall Murphy outside Musgrave Street police station. Lawyer John Finucane with journalist Barry McCaffrey and film maker Trevor Birney with his lawyer Niall Murphy outside Musgrave Street police station.

The Chief Constable of Durham Constabulary Mike Barton has denied claims that his officers arrested two Belfast journalists 'unlawfully' for theft of documents, after the Police Ombudsman's office claimed they never reported any theft.

Former Irish News journalist Barry McCaffrey and film maker Trevor Birney were part of the investigative team that produced No Stone Unturned, a documentary covering the massacre of six men by loyalist paramilitaries in Loughinisland, Co Down, in 1994.

Following the release of the film, the PSNI asked Durham Constabulary to investigate the origin of documents used as part of he investigation, claiming they were stolen from the Police Ombudsman's office.

The two journalists were arrested at their homes in August of this year, with the Belfast offices of production company Fine Point Films were searched by Durham police, assisted by large number of PSNI officers.

Oscar winning film maker Alex Gibney who directed No Stone Unturned has called the arrests "an act of intimidation".

However, a statement by the Police Ombudsman earlier this week, denying it had reported the theft of the document to the PSNI, led lawyers representing the journalists to say it called into question the "lawfulness" of the policing operation.

John Finucane, who represents Mr McCaffrey, said that the information raises "further questions about the basis of the arrests given there was no reported theft".

"This will also add to the very firmly held view of my client that his arrest was motivated solely by a desire to stifle future investigative journalism," he said.

Niall Murphy of KRW Law, representing Mr Birney, said the "arrests are preposterous and speak more to a paranoia within senior police than to a genuine consideration that a criminal offence has occurred".

"It is our opinion that these arrests are maliciously motivated and are unlawful. We aim to expose the unlawfulness of the police approach at the upcoming judicial review application in respect of the issuance of warrants in this case."

Read more: Loughinisland massacre journalists have both won justice awards in distinguished careersOpens in new window ]

A spokesman for the ombudsman Dr Michael Maguire, said this week: "We did not make a complaint of theft".

Lawyers representing two Belfast journalists, said a statement from the ombudsman claiming they never reported any theft raises questions about the "lawfulness" of the policing operation.

However, Mr Barton refuted this saying; "The Office of the Police Ombudsman for Northern Ireland (OPONI) did report the theft of their material to the Police Service of Northern Ireland (PSNI) at a meeting on October 4, 2017 immediately after identifying the fact that 'secret' documents, created by OPONI, had featured in a documentary film.

"This criminal investigation has a definite and clear starting point".

Loughinisland families gathered outside Heights Bar to protest at the time of the arrest of the journalists. picture Bill Smyth.
Loughinisland families gathered outside Heights Bar to protest at the time of the arrest of the journalists. picture Bill Smyth. Loughinisland families gathered outside Heights Bar to protest at the time of the arrest of the journalists. picture Bill Smyth.

Séamus Dooley, Irish Secretary, National Union of Journalists - which is calling for the threat of prosecution to be lifted from its members - said the chief constable's remarks were "the latest twist in a bizarre series of events which is distracting from what should be the primary task of finding the truth behind Loughinisland".

"An unseemly spat between senior people within Durham police and the Ombudsman's office will do nothing to find the killers," he said.

Mr Dooley said a "clear and unambiguous statement" is now needed from Police Ombudsman Dr Michael Maguire in response to the chief constable's statement.

"We do not believe due process was accorded to Trevor and Barry who were humiliated by very public arrests amid a blaze of publicity, even though they were at all times available for questioning. The PSNI could simply have sought an appointment at a local police station.

"We are calling on An Tánaiste and Minister for Foreign Affairs to raise this case with the Northern Ireland Secretary as a matter of urgency", he added.

Solicitors for both journalists have already launched judicial review proceedings, questioning the granting of arrest and search warrants in the case.

Read more: Director Alex Gibney on making of Loughinisland documentary No Stone UnturnedOpens in new window ]