R v McCrory (Co-Accused Duffy (Colin) and Fitzsimons (Harry)
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 31 January 2019 |
| Neutral Citation | [2019] NICC 3 |
| Date | 31 January 2019 |
| Court | Crown Court (Northern Ireland) |
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Neutral Citation No: [2019] NICC 3
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: COL10860
Delivered: 6/2/2019
JUDICATURE (NORTHERN IRELAND) ACT 1978
THE CROWN COURT (AMENDMENT) RULES (NORTHERN IRELAND) 2000
IN THE CROWN COURT SITTING AT LAGANSIDE COURTHOUSE, BELFAST
IN THE MATTER OF THE CROWN
Complainant;
-and-
ALEX McCRORY (Co-Accused COLIN DUFFY and HARRY FITZSIMONS)
Defendant.
_________
RULING
________
COLTON J
[1] The defendant Alex McCrory, one of three co-accused, has brought an
application pursuant to section 51A and section 51B of the Judicature (Northern
Ireland) Act 1978 (“the 1978 Act”) against Ms Paula Mackin, a reporter of the Sunday
World Newspaper, Mr James McDowell, former editor of the Sunday World
Newspaper and Sunday World Newspapers Limited. By that application he seeks
an order requiring these “directed persons” to produce a list of “stipulated evidence,
document or things”. The material sought is comprehensive. The full details are set
out in the Notice of Motion and in the affidavit sworn in support thereof.
[2] In summary, what is sought are all notes/records which relate to all meetings
and communications including meetings with a “security source” which relate to
various matters concerning the defendant and his co-accused in articles published in
the Sunday World newspaper on 8 February 2015 and 8 November 2015
(respectively “the February article” and “the November article”). The defendant
also seeks original versions and all copies of the “copies of recordings” referred to in
the February article and a “15 page disclosure document” referred to in the November
article.
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[3] In addition the defendant seeks disclosure of the identity of the source or
sources who provided information or materials to the Sunday World in connection
with the articles.
Background
[4] On 5 December 2013 a gun attack occurred on a police land rover and other
vehicles as they travelled on the Crumlin Road, Belfast towards Twaddell Avenue,
Belfast. The defendant along with his co-accused Fitzsimons faces charges of
attempted murder and possession of firearms and ammunition in relation to that
gun attack. The defendant and his co-accused are also charged with preparation for
terrorists acts, directing terrorism and membership of a proscribed organisation.
[5] The evidence against each of the accused centres on material obtained by way
of covert surveillance operations. It is the prosecution case that a meeting took place
between three men on Friday 6 December 2013 at the Demesne House, Lurgan. An
audio recording device was deployed in the vicinity of Demesne House, Lurgan and
the prosecution rely on recordings of conversations at that laneway on that date.
Based on voice comparison analysis the prosecution say that the three defendants
were the persons who participated in the meeting.
[6] In addition to the covert audio recordings the prosecution also rely on video
recordings and other corroborative material which they say confirms that the
defendants were the persons involved in the conversations.
[7] The defendants were arrested on 15 December 2013 and interviewed under
caution. They remained silent during the interviews. On 17 December 2013 they
were charged with the offences to which I have referred.
[8] The defendants were remanded in custody and made applications for bail.
One such bail application, which was heard in open court, was reported by the BBC
on its website on 18 July 2014 under the heading “Dissident Republican Suspects:
Bail Refused in Belfast Case”. The report stated that the High Court had heard that
three alleged dissident Republicans were recorded talking about security force
targets with a chance of “getting a kill”. It was reported that the prosecutors claimed
that the men also discussed weaponry and explosives and losing two assault rifles in
an attack on police in north Belfast. The report named the defendants and states that
a barrister informed the court that the men were arrested on the basis of a secretly
recorded meeting in Lurgan the day after the Twaddell Avenue attack and that this
“was clearly a leadership or command discussion regarding the IRA, focusing on the
attack against police and the loss of two assault rifles”. That bail application is but
one example of the numerous court hearings in which details of the case have been
brought to the attention of the court in a public forum.
[9] On 12 December 2014 committal papers were served on all of the defendants.
These committal papers included a transcript of the covertly recorded conversation
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