The Irish News has won a significant press freedom victory in resisting an attempt by Northern Ireland’s police service (PSNI) to secure an injunction.
It was something of a bizarre legal action by the PSNI because it was seeking to injunct the newspaper for a story that had already been published. As the police force’s counsel admitted at Belfast high court, the application was “pointless”.
The drama began with the publication in Saturday’s issue of a revelation that a palm print found on a getaway van linked to the 1976 murder of 10 Protestant workers in south Armagh belonged to veteran republican Colm Murphy.
It was, in effect, a lengthy interview with Murphy about the incident, known as the Kingsmill massacre, which is the subject of an ongoing new inquest.
According to the timing on the paper’s website, the article had gone live at 11.30 on Friday morning. But it wasn’t until late Friday evening, after the paper had gone to press, that it was contacted by the crown solicitor’s office
Doran and other executives were told that the naming of Murphy would hinder the PSNI’s renewed investigation into the matter. He must give an assurance that he would not name the suspect.
Doran refused to take what he regarded as an unprecedented step. With copies of the paper being prepared for distribution, the paper then received a call saying the PSNI’s chief constable, George Hamilton, was seeking an injunction.
During that call, made at 12.15am on Saturday, he was told there would be a high court hearing at 12.30am. However, about an hour later, the Irish News learned that the judge, Mr Justice Horner, had adjourned the hearing.
When the case was finally heard, on Monday, the PSNI withdrew its action although its counsel stressed that the force will neither confirm nor deny the accuracy of the paper’s story.
Doran described the outcome as a “complete vindication” of his paper’s stance. He said: “The police were unable to provide any compelling reason why we should not have published.” He said the legal reasons offered to prevent publication were “vague.”
PSNI assistance chief constable Mark Hamilton issued a statement saying the legal action was not taken lightly, but to protect the effectiveness of the investigation and the inquest process in the interest of justice.
