Northern Ireland

Loughinisland journalists retrieve seized material

Journalists Barry McCaffrey (left) and Trevor Birney carry some of the materials confiscated as part of the police investigation into their Loughinisland documentary after it was returned this morning 
Journalists Barry McCaffrey (left) and Trevor Birney carry some of the materials confiscated as part of the police investigation into their Loughinisland documentary after it was returned this morning  Journalists Barry McCaffrey (left) and Trevor Birney carry some of the materials confiscated as part of the police investigation into their Loughinisland documentary after it was returned this morning 
By Michael McHugh and David Young and Press Association

Two arrested documentary makers have retrieved a haul of journalistic material unlawfully seized by police.

Trevor Birney and Barry McCaffrey visited a police station in south Belfast to collect their possessions today, hours after detectives dramatically dropped their investigation into them.

Representatives of the National Union of Journalists (NUJ) and Amnesty International held banners in support of the duo.

Police were forced by judges to return laptops, hard drives, mobile phones, notepads and millions of digital files seized from their homes and office.

The outcome of last week's challenge in the civil courts, which ruled search warrants used by police unlawful, prompted officers to announce late on Monday that the criminal probe into the film-makers was being discontinued.

Barry McCaffrey: 273 sleepless nights to show the importance of public interest journalism

Mr Birney and Mr McCaffrey were arrested last August over the alleged theft of a police watchdog document that appeared in their film on a notorious loyalist massacre during the Troubles.

The reporters, who insist the material on the Loughinisland killings came from an anonymous whistleblower, had been on bail ever since.

Mr McCaffrey said they 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?"

The PSNI asked Durham Constabulary to investigate the alleged theft.

Both organisations confirmed on Monday that the reporters were no longer under investigation, although they said the wider probe would continue.

Mr McCaffrey said he had still not received an apology from the heads of either organisation for their treatment.

Investigative journalists Trevor Birney (left), and Barry McCaffrey outside Castlereagh Police Station in Belfast, with a haul of journalistic material unlawfully seized by police following the making of the Loughinisland documentary No Stone Unturned 
Investigative journalists Trevor Birney (left), and Barry McCaffrey outside Castlereagh Police Station in Belfast, with a haul of journalistic material unlawfully seized by police following the making of the Loughinisland documentary No Stone Unturned&nbs Investigative journalists Trevor Birney (left), and Barry McCaffrey outside Castlereagh Police Station in Belfast, with a haul of journalistic material unlawfully seized by police following the making of the Loughinisland documentary No Stone Unturned 

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."

Among the items returned today were Mr Birney's wife's phone and his daughter's pink phone.

He said: "The key thing that you can see is finally my daughter is getting her little lollipop 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."

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 lollipop 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 play a World Cup football match on TV.