Former PSNI Assistant Chief Constable Barbara Gray expressed concerns about “perverse decisions” within the north’s criminal justice system due to the prevalence of Catholics in the legal profession, The Irish News has learned.
An English detective told a tribunal in London that a senior police officer in Northern Ireland had expressed concerns to him as he investigated a suspected leak in a documentary made about the Loughinisland massacree.
Former Durham detective Darren Ellis was giving evidence to the Investigatory Powers Tribunal (IPT) hearing in London on Wednesday.
The tribunal is examining claims that some reporters in Northern Ireland were subject to unlawful covert intelligence by the police.
It is currently examining allegations that journalists Barry McCaffrey and Trevor Birney were subjected to unlawful surveillance by the PSNI.
The pair made a complaint to the IPT in 2019 over their arrest the previous year in connection with a documentary about the UVF murder of six men at the Heights Bar in Loughinisland, Co Down, in June 1994.
The IPT looks at complaints from people who believe they have been the victim of unlawful covert interference.
Both journalists and a company linked to the documentary were later awarded £875,000 in damages.
In June this year the PSNI admitted making 823 applications for communications data for journalists and lawyers over a 13-year period from 2011-2024.
Weeks later it emerged that more than 4,000 phone communications between 12 journalists were monitored by police over a three-month period.
This week the tribunal has been hearing oral evidence from retired Durham Constabulary officer Darren Ellis.
Mr Ellis was the senior investigating officer with a Durham Constabulary-led investigation, Operation Yurta, into the alleged theft of confidential documents used in the film about the Loughinisland atrocity.
During the hearing details of correspondence between Mr Ellis and Durham Constabulary, which was only disclosed on Wednesday, were read to the tribunal.
In the email Mr Ellis makes reference to comments he claims were made to him by a senior office who The Irish News understands is Barbara Gray.
A former assistant chief constable, Ms Gray joined London’s Metropolitan police in 2021 but retired earlier this year.
In the email, part of which was read to the court by Ben Jaffey KC, Mr Ellis said that “the senior officer informed me of the tensions within the legal system and advised me to exercise caution when dealing with solicitors, barristers and members of the judiciary given the disproportionate representation of those from a Roman Catholic background.
“The senior officer explained to me that people from that community who wished to pursue a career in law were, more often than not, uncomfortable in joining the police as a chosen career.
“That was, with respect, despite the laudable aspirations of the Good Friday Agreement.”
In the correspondence Mr Ellis said that the former officer referenced “perverse” decisions made by the courts due to the number of Catholics in the north’s judiciary.
“The officer informed me of what they considered to be perverse decision making within criminal justice processes by those of a religious and political persuasion, given the prevalence of those from a catholic background within the Northern Ireland Courts system’.”
Under questioning from Mr Jaffey, the former Durham officer said he didn’t “share that view”.
“How could I share that view? he asked.
“One of the reasons I didn’t even want to take this investigation was that I didn’t understand the Northern Ireland community.”
Mr Jaffey pressed Mr Ellis asking: “What you are really saying here is that the concern that you and the senior officer shared were that judges in Northern Ireland were making perverse decisions because they are from a Catholic background?”
Mr Ellis replied: “I am passing on what that officer told me.
“I can remember that absolutely distinctly.
“I know where I was, I know what I had done and I know what I went on to do.
“That was a significant conversation I had, I know exactly what was said.”
Mr Jaffey put it to Mr Ellis that he shared Ms Gray’s view.
“I have said no to that question,” the former Durham officer replied.
Mr Jaffey continued to push Mr Ellis asking: “Did you say to that officer that these types of sectarian allegations of judicial bias were unacceptable and you didn’t agree with them?”
Mr Ellis replied: “An officer expressed that view to me in the context of the wider conversation. Whether I responded to that I can’t remember.
“Has it played a part in any of my decision-making?
“Absolutely not.
“Do I share that view?
“Absolutely not. I would love to be pointed to something else other than those words which suggests otherwise, because I don’t think there will be.”
A spokesman for the PSNI said: “The Police Service of Northern Ireland is co-operating with the Investigatory Powers Tribunal and the Investigatory Powers Commissioner’s Office (IPCO) who independently oversee the use of investigatory powers in the United Kingdom, ensuring they are used in accordance with the law and in the public interest.
“Separately the chief constable has established the McCullough Review of the conduct of the (PSNI) arising from these and connected concerns.
“It would be inappropriate for us to comment while legal proceedings and the McCullough Review are ongoing.”
