A journalist at the centre of a PSNI snooping probe has called for a public inquiry after a tribunal heard he and a colleague were described as “terrorists” by a former police officer.
Details of the untrue claim were revealed at a hearing of the Investigatory Powers Tribunal (IPT) this week.
The IPT looks at complaints from people who believe they have been the victim of unlawful covert interference.
It is examining allegations that journalists Barry McCaffrey and Trevor Birney were subjected to unlawful surveillance by the PSNI over their 2017 documentary film about the 1994 Loughinisland massacre.
Among those to give evidence this week was retired Durham Constabulary officer Darren Ellis, who headed an investigation into the alleged theft of confidential documents used in the acclaimed film.
During one hearing Stephen Toal KC, who represents Mr Birney, said the former Durham police officer described his client and Mr McCaffrey as “terrorists” in a phone call to the office of Labour MP Grahame Morris in 2018.
While Mr Ellis rejected the suggestion, Mr Toal said “he did call them terrorists”.
The barrister added that the use of such language is “dangerous…and particularly in Northern Ireland”.
During the hearing, Mr Toal also said Mr Ellis had made a “series of lies” under oath adding that “the attitude displayed by him towards the journalists, their solicitors, their counsel, the judiciary, members of Parliament is deeply disturbing”.
It also emerged that Mr Ellis claimed during a closed session of the tribunal that prominent Belfast based lawyer Niall Murphy, of KRW Law, had attempted to buy a gun.
The claim was based on a WhatsApp message from Mr McCaffrey to Mr Murphy in 2017 found on devices seized by police when the journalists were arrested in a year later.
In the message Mr McCaffrey asked Mr Murphy if he was interested in a “nine-millimetre with two clips and about twenty shells”.
A picture of a nine-millimetre spanner, two stationery clips and twenty seashells was then sent.
Ben Jaffey KC, who is also acting in the case, told the tribunal Mr Ellis “elevated” the message to suggest Mr Murphy wanted to buy a gun.
“With respect… he could not possibly believe that based on this material,” he added.
Mr McCaffrey, a former Irish News journalist, said it has “been a very challenging week” for himself and Mr Birney.
“The Investigatory Powers Tribunal heard how Darren Ellis and the PSNI branded us as ‘terrorists’,” he said.
He said the untrue allegation “went to the very mindset of the PSNI’s deliberate attempt to destroy our professional and personal lives.”
He said the claims made about Mr Murphy were also “disgraceful”.
“It was only sheer good fortune that the court insisted on making our legal team aware of Mr Ellis’ comments,” he added.
The respected journalist said that “only an independent public inquiry, with full access to all PSNI intelligence documents and powers to compel serving and former officers to give evidence under oath, can give us the truth.
“The PSNI has shown itself to be thoroughly incapable of telling the truth as to the actions of Darren Ellis and those within the PSNI who have now admitted a wholesale spying operation against us.”
The PSNI was contacted.
