Battle over whether or not theft of Loughinisland doc was reported to police (News)

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Durham’s chief constable has insisted Northern Eire’s Police Ombudsman did report the theft of a confidential doc that triggered the arrest of two journalists, regardless of a denial from the watchdog.

Mike Barton and Ombudsman Dr Michael Maguire appeared at odds on Thursday night after Mr Barton countered an assertion from the Ombudsman’s workplace that it didn’t make a “grievance of theft” to the Police Service of Northern Eire.

The PSNI, involved about battle of curiosity points, requested Durham Constabulary to probe the alleged theft of a doc that featured in Trevor Birney and Barry McCaffrey’s movie on the 1994 Loughinisland bloodbath.

Officers from Durham subsequently oversaw the arrest and questioning of the award-winning documentary makers in August.

A Durham police press launch issued on the time acknowledged the investigation was triggered when the Ombudsman reported the alleged crime to police.

This legal investigation has a particular and clear start line. The report by OPONI was subsequently adopted up by a written assertion of grievance by a member of their senior administration workforce
Mike Barton

On Thursday morning that declare was straight contradicted by the Ombudsman’s workplace itself, which insisted: “We didn’t make a grievance of theft.”

The controversy took one other twist hours later when Mr Barton insisted a report had been made by the Ombudsman. He additional claimed the report was adopted up by a “written assertion of grievance by a member of their senior administration workforce”.

“The Loughinisland bloodbath was a barbaric atrocity which continues to have a devastating affect on the lives of many individuals,” mentioned Mr Barton.

“Durham Constabulary has been tasked to conduct a legal investigation into the lack of secret paperwork and their subsequent use in a movie documentary ensuing within the potential for lives to be put in danger.

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Barry McCaffrey (left) and Trevor Birney after they have been arrested (Liam McBurney/PA)

“The Workplace of the Police Ombudsman for Northern Eire (OPONI) did report the theft of their materials to the Police Service of Northern Eire (PSNI) at a gathering on October 4, 2017 instantly after figuring out the truth that ‘secret’ paperwork, created by OPONI, had featured in a documentary movie.

“This legal investigation has a particular and clear start line. The report by OPONI was subsequently adopted up by a written assertion of grievance by a member of their senior administration workforce.

“The assertion acknowledges that, following this preliminary report, Durham Constabulary could be conducting a legal investigation into theft or different unauthorised disclosures.”

Earlier, in response to Dr Maguire’s competition, which was reported within the Irish Occasions on Thursday, legal professionals for Mr Birney and Mr McCaffrey mentioned the arrests have been to be challenged in courtroom.

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Northern Eire Police Ombudsman Dr Michael Maguire (David Younger/PA)

They mentioned a choose could be requested to evaluate the lawfulness of their detention as a part of an already listed Excessive Court docket case into different points of the police operation.

Judicial assessment proceedings questioning the police foundation for pursuing warrants for the arrest and search operation have already been initiated in Belfast Excessive Court docket.

Solicitors Niall Murphy and John Finucane, who symbolize Mr Birney and Mr McCaffrey respectively, mentioned the problem of whether or not a legal report of theft had been made by the Ombudsman would now type a part of the case.

“Affirmation that there is no such thing as a legal grievance of theft essentially undermines your entire integrity of the choice to pursue this flawed arrest technique,” mentioned Mr Murphy, previous to Mr Barton’s assertion.

Mr Finucane added: “That PONI have confirmed they didn’t in truth make an announcement of grievance for theft provides to the already deeply worrying nature of this arrest and your entire investigation.”

In his feedback, Mr Barton mentioned: “Durham Constabulary understands and respects its obligations to the continuing judicial assessment proceedings with which it’ll proceed to totally comply.”

Mr Birney and Mr McCaffrey have been questioned for 14 hours on how materials held by the Ombudsman ended up within the reporters’ documentary on the infamous loyalist paramilitary atrocity.

They have been launched to return for additional interviews later this month.

The six males murdered when Ulster Volunteer Drive gunmen opened hearth contained in the Heights Bar in Loughinisland, Co Down, in June 1994 have been soccer followers who had gathered to observe the Republic of Eire play within the World Cup.

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The Heights Bar in Loughinisland, Co Down the morning after the bloodbath (PA)

The 2017 documentary by Mr Birney, 51, and Mr McCaffrey, 48, broke new floor by publicly naming these it mentioned have been suspects.

With the No Stone Unturned movie exploring persistent claims of safety pressure collusion with the loyalist paramilitaries who dedicated the murders, PSNI chief constable George Hamilton referred to as in an exterior pressure to probe the theft allegations, citing potential battle of curiosity considerations.

In a press launch issued after the early morning arrests on August 31 this yr, Durham Constabulary mentioned: “Officers from PONI reported the theft to PSNI, who in flip requested Durham Constabulary to conduct an unbiased investigation.”

The Ombudsman has challenged that assertion.

Dr Maguire did meet with police a day after first seeing the documentary, however his workplace claims that was to flag potential dangers to the security of these people who had been named, to not report a theft.

An announcement from the Police Ombudsman’s Workplace mentioned: “On October 4 2017, the day after we had a viewing of the documentary, we briefed PSNI that it had recognized quite a lot of people, who might now be in danger, and that it had proven extracts from what gave the impression to be a Police Ombudsman doc, albeit in numerous format to our doc. We didn’t make a grievance of theft.

“We perceive that PSNI commissioned Durham Police to research the means by which the movie’s manufacturing workforce secured entry to the fabric, whether or not by theft or different unauthorised disclosure.”

The PSNI declined to touch upon the problem, citing the very fact authorized proceedings have been ongoing.

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