Informed 12


News Update


Police face inquiry as No Stone Unturned arrests overturned


When three high court judges ruled in June that the warrants to arrest Trevor Birney and Barry McCaffery were “inappropriate”, it seemed this sorry episode was drawing to a close. But, by an odd quirk of police evidence retention procedures, it seems not. Te NUJ members were arrested the


previous August in connection with their part making the film No Stone Unturned. It examined the investigation by the Royal Ulster Constabulary into 1994’s Loughinisland massacre, when six men watching the World Cup in a pub were killed by the paramilitary group UVF. Te film suggested that police had, at best, dragged their feet during the enquiry and, at worst, had shielded police informants who were involved in the shooting of the innocents. Aſter nearly a year on bail, with


the warrants overturned and the investigation into their work dropped, Birney and McCaffery were invited to


Barry McCaffrey & Trevor Birney collect their confiscated materials


pick up those of their possessions that were seized in the early-morning raids. During the course of the investigation,


however, the police had copied the entire contents of the computer server of Fine Point Films – the company for which Birney and McCaffrey work. Tis


contained millions of megabytes of data, the vast majority of it journalistic, but unrelated to No Stone Unturned. Of course, it should all be deleted, but, apparently, there is a snag. “Te police are saying they use a tape back-up system each month and they have no procedures to edit those tapes to remove the specific items copied from our premises,” explained Barry McCaffrey. “Tey say they have never had to do this before and that it would cost several million pounds to do so.” It is easy to see why the PSNI is concerned about costs. Outgoing Chief David Hamilton told the Northern Ireland Policing Board that his force had already spent £320,000 investigating the journalists. However, a complaint to the Police Ombudsman about Birney and McCaffrey’s treatment is being lodged, and fresh legal action is now planned to ensure that the journalistic material is deleted, whatever the cost.


Nicky Morgan Nicky Morgan, former education secretary and chair of House of Commons Treasury Commitee, has been appointed Secretary of State for Digital, Culture, Media & Sport, replacing Jeremy Wright. She is the tenth person in the post in the past 10 years. She was elected as MP for Loughborough in 2010. Her in-tray includes an investigation into the sale of stakes in the Independent and the Evening Standard to


an investor with strong links to Saudi Arabia.


Crooks’ get-out Changes to the way Companies House collects data on directors is severely hampering the ability of investigative and business journalists to hold businesses to account and expose frauds and crooks, the NUJ said in a government consultation on the business register. Directors are no longer required to provide the day of their date of birth


or their home address. Tis information is oſten vital for journalists when puting together a story and verifying the identity of a company director. Te union called for maximum transparency and a unique identification code so directors can be tracked.


Snoopers’ charter Te NUJ, working with human rights organisation, Liberty, lost a legal challenge to the UK’s Investigatory Powers Act 2016 which


gives the authorities bulk surveillance powers and access to journalists’ communications. Michelle Stanistreet, NUJ general secretary, said the ruling would put journalists’ sources at risk. Megan Goulding, a Liberty lawyer, said: “Tis disappointing judgment allows the government to continue to spy on every one of us, violating our rights to privacy and free expression.” Te NUJ is considering appealing the judgment.


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