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| Version 1 | Version 2 |
|---|---|
| Judge undecided on Real IRA case | Judge undecided on Real IRA case |
| (9 minutes later) | |
| A judge has said he is "minded" to grant a police application to force a journalist to hand over material she used in two articles on the Real IRA. | A judge has said he is "minded" to grant a police application to force a journalist to hand over material she used in two articles on the Real IRA. |
| However, he said his view could change once he heard Sunday Tribune northern editor Suzanne Breen's legal case. | However, he said his view could change once he heard Sunday Tribune northern editor Suzanne Breen's legal case. |
| She refused to comply with the police's request, saying her life could be in danger and she must protect sources. | She refused to comply with the police's request, saying her life could be in danger and she must protect sources. |
| The journalist received the Real IRA's claim of responsibility for the murder of two soldiers at Antrim in March. | The journalist received the Real IRA's claim of responsibility for the murder of two soldiers at Antrim in March. |
| Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot dead as they collected pizzas outside Massereene Army base in Antrim on 7 March. | Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot dead as they collected pizzas outside Massereene Army base in Antrim on 7 March. |
| I have a totally open mind as to where this case is going to end up Judge Tom Burgess | I have a totally open mind as to where this case is going to end up Judge Tom Burgess |
| Police said they would use all possible legal means "to access information which may assist their inquiries". | Police said they would use all possible legal means "to access information which may assist their inquiries". |
| Ms Breen's lawyers also claimed any compliance could threaten her right to life under the European Convention, pointing out how dissident republicans have threatened anyone offering assistance to the Crown. | Ms Breen's lawyers also claimed any compliance could threaten her right to life under the European Convention, pointing out how dissident republicans have threatened anyone offering assistance to the Crown. |
| Following a police application heard in private last Friday, Judge Tom Burgess said he may make the order sought, based on what he had been told so far. | Following a police application heard in private last Friday, Judge Tom Burgess said he may make the order sought, based on what he had been told so far. |
| He told Belfast Recorder's Court: "If I heard absolutely nothing else in this case, I would be minded to take a particular step." | He told Belfast Recorder's Court: "If I heard absolutely nothing else in this case, I would be minded to take a particular step." |
| However, the judge stressed that no decision has yet been taken. | However, the judge stressed that no decision has yet been taken. |
| With Ms Breen's lawyers still to put forward their reasons for rejecting the application, he assured her barrister: "Where I will be after I hear your argument could be in a completely different place altogether. | With Ms Breen's lawyers still to put forward their reasons for rejecting the application, he assured her barrister: "Where I will be after I hear your argument could be in a completely different place altogether. |
| "I have a totally open mind as to where this case is going to end up." | "I have a totally open mind as to where this case is going to end up." |
| Private | Private |
| The judge said he has written up and sealed in an envelope what he heard in private from the police witness and the reasons for his ruling. | The judge said he has written up and sealed in an envelope what he heard in private from the police witness and the reasons for his ruling. |
| He said this ruling could then be read by the judges in the event of any appeal. | He said this ruling could then be read by the judges in the event of any appeal. |
| The case will be heard in public, except that portion of the evidence relating to the progress of the police investigation. | The case will be heard in public, except that portion of the evidence relating to the progress of the police investigation. |
| Ms Breen was told she had a week to prepare her defence to the police application. The case will be heard on 29 May. | Ms Breen was told she had a week to prepare her defence to the police application. The case will be heard on 29 May. |
| Speaking outside, Ms Breen said she was in the "impossible situation" of trying to mount a defence, when she did not know the nature of the police's evidence to the court. | Speaking outside, Ms Breen said she was in the "impossible situation" of trying to mount a defence, when she did not know the nature of the police's evidence to the court. |
| Seamus Dooley, Irish Secretary of the National Union of Journalists, said if the case were lost it would set a precedent where journalists could not protect their sources, something that "would be bad for society". | Seamus Dooley, Irish Secretary of the National Union of Journalists, said if the case were lost it would set a precedent where journalists could not protect their sources, something that "would be bad for society". |