Judge upholds journalist Suzanne Breen’s right to withhold IRA details
Breen’s life would be in danger if forced to hand information on Real IRA to police, rules judge in victory for press freedom
A Belfast journalist today won the right to withhold material relating to the Real IRA from the state, in a landmark ruling on press freedom.
A Northern Ireland judge ruled that Suzanne Breen’s life would be at risk if she handed over interview notes and other information connected to an interview she conducted with the Real IRA after it killed two British soldiers in March.
Legal experts and the National Union of Journalists said Mr Tom Burgess’s decision at Belfast Laganside Court today to reject the Police Service of Northern Ireland’s application to force Breen to hand over her material was a victory for press freedom.
Breen faced up to five years in jail if the judge had found in the PSNI’s favour. The Sunday Tribune’s Northern Ireland correspondent had refused to hand over the information arguing that to do so would breach journalistic confidentiality and put her and her family’s lives at risk.
During the case Breen revealed that a source close to the republican dissident group had issued a warning that she could be killed if she co-operated in the PSNI investigation.
Speaking outside the court, Breen said: “This is a landmark case decision. I think Judge Burgess has gone further than any other judge in recognising the confidentiality of sources, in terms of respecting journalism and it couldn’t have been better.
“This is an absolute landmark decision that hopefully will set a precedent. I would like to think that no other journalist would find themselves hauled before the courts like I have found myself, that no other journalist will potentially face five years in prison.”
The reporter said the last few months had been stressful for her and her family.
“Obviously I have found myself under immense stress but I had great faith in the legal arguments that were put forward by the legal team. They couldn’t have fought a better case. This action by the police should never have been taken, it was a complete waste of time, resources and of taxpayers’ money.”
In his ruling Burgess focussed on the potential threat to the journalist’s life and that of her family if she had co-operated with the PSNI inquiry into the double murder at Massereene Barracks in March.
He said it would be “close to inconceivable as to how she, and potentially her family, could be protected for what could well be many years to come”.
The judge referred to the latest report by the body overseeing the paramilitary ceasefires, the Independent Monitoring Commission, as evidence in his decision. The IMC reported in May this year that the Real IRA remained a ruthless and murderous organisation.
He said there was a potential threat to the lives of Breen and her family “because the risk is not just real and immediate. It is continuing.”
He added: “There is nothing in the public statements of the Police Service of Northern Ireland to contradict the view that the dissident republicans are with us for some time to come.”
In those circumstances the threat to Breen, her partner and child remained a serious one if she would hand over her material, the judge concluded.
Her solicitor Joe Rice, who has defended several journalists in Northern Ireland under pressure from the state to hand over material, said the significance of the judgment could not be underestimated.
“This is not only from the point of view of Suzanne Breen and the Sunday Tribune but also journalists throughout Northern Ireland, the Republic of Ireland and indeed the United Kingdom. This is a landmark judgment,” he said.
Veteran commentator, author and National Unionist of Journalists member Eamonn McCann said from the union’s viewpoint Breen’s victory was critical.
“The NUJ’s national executive is euphoric and delighted not just for Suzanne but also for the fact that this ruling makes it less likely that any other journalist will be put through this ordeal or that the police are going to attempt to compromise journalism by trying to make them gatherers of information,” McCann said.
