An ex-senior PSNI officer raised concerns about “perverse decision making” within the north’s criminal justice process due to the prevalence of Catholics in the judiciary, a London-based tribunal has heard.
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The extraordinary claims were made during an Investigatory Powers Tribunal (IPT) hearing, which 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 an acclaimed 2017 documentary about the UVF sectarian 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.
In June 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.
On Tuesday and Wednesday the tribunal heard oral evidence from retired Durham Police officer Darren Ellis.
Mr Ellis was the senior investigating officer with a Durham Police 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 Police, 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 former senior PSNI officer.
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’.”
The PSNI has been contacted.