18/06/2009

Journalist Wins Landmark Case

A Belfast judge has ruled journalist Suzanne Breen's life would be at risk if she was forced to disclose details of Real IRA sources.

Judge Burgess said a police application to obtain the material would breach Ms Breen's right to life, under Article 2 of the European Convention of Human Rights.

Ms Breen defied police requests to divulge information on the terrorists, who said they were responsible for the murders of two soldiers Mark Quinsey, 23, and Patrick Azimkar, 21, (pictured here).

They were gunned down by the Real IRA and died in a hail of 60 bullets as they were taking delivery of a pizza at the Army base on the eve of depolyment to Afghanistan.

Investigators had asked the Sunday Tribune's northern editor to hand over her mobile telephone, computer records and notes about the Real IRA.

Last week, Ms Breen told the High Court her life would be in grave danger if a police application forced her to disclose material collated in her capacity as a reporter.

She said dissident republicans would show no hesitation in killing her or her family.

Today, the presiding judge said there was objective evidence that the Real IRA is a "ruthless and murderous group of people who would regard any handing over of any information in the possession of Ms Breen over and above the publication of their claim for responsibility, as exposing her to be treated as a legitimate target with the murderous consequences that could and may well follow from that".

Judge Burgess said if the court believed Ms Breen's Article 2 rights outweighed the public interest in the investigation of crime, then it should not make the order.

The judge said it was likely the material would be of substantial value to the PSNI investigation.

However, Judge Burgess said he had to place "very considerable weight" on the protection of Ms Breen and her family's lives.

Despite looking at possible means of protecting Ms Breen, the judge said it "would be close to inconceivable as to how she, and potentially her family, could be protected for what could well be for many years to come. Because the risk is not just real and immediate. It is continuing".

Ms Breen received momentous support from the National Union of Journalist and many other high profile writers, who all backed her stance on source confidentiality.

Outside court this afternoon, she said: "I couldn't be happier with the decision.

"Hopefully this will set a precedent. I hope no other journalist will find themselves hauled before the court."

Sappers Mark Quinsey, 23, from Birmingham, and Patrick Azimkar, 21, from London, were shot dead as they collected pizzas outside Massereene Army base. Several civilians were also seriously wounded.

See: Polish Pizza Gun Victim 'Recovering' After Surgery







(PR/BMcC)

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