McCrory & Ors, Re [2019] NICC 3 (06 February 2019)

McCrory & Ors, Re [2019] NICC 3 (06 February 2019)

The court found that the directed persons did not possess any documents, notes, or recordings relevant to the application, and that the evidence did not establish the likelihood of undisclosed alternative transcripts or expert reports. The statutory test for compelling disclosure of journalistic sources was not met, as the identity of the source was not likely to constitute material evidence in the criminal proceedings, and the interests of justice did not override the strong presumptive right to source confidentiality.

Citation
[2019] NICC 3
Parties
Complainant: The Crown; Defendant: Alex McCrory; Co Accused: Colin Duffy; Co Accused: Harry Fitzsimons; Directed Person/respondent: Ms Paula Mackin; Directed Person/respondent: Mr James McDowell; Directed Person/respondent: Sunday World Newspapers Limited
Jurisdiction
Northern Ireland
Judgment Date
06 February 2019
Procedural Posture
Criminal / Interlocutory Application for Third Party Disclosure Prior to Trial
Outcome
Application refused
Legal Topics
Third Party Disclosure, Journalistic Source Protection, Disclosure Obligations, Fair Trial Rights, Freedom of Expression, Contempt of Court, Article 10 ECHR
Criminal Law Media Law Human Rights Third Party Disclosure Journalistic Source Protection Disclosure Obligations Fair Trial Rights Freedom of Expression +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

The Crown

Complainant

Alex McCrory

Defendant

Colin Duffy

Co Accused

Harry Fitzsimons

Co Accused

Ms Paula Mackin

Directed Person/respondent

Mr James McDowell

Directed Person/respondent

Sunday World Newspapers Limited

Directed Person/respondent

Procedural Posture

Criminal / Interlocutory Application for Third Party Disclosure Prior to Trial

Legal Issues

  1. 1 Whether the court should compel journalists and a newspaper to disclose documents, recordings, and the identity of confidential sources in the context of a criminal trial
  2. 2 Whether the statutory and human rights protections for journalistic sources can be overridden in the interests of justice in this case

Ratio Decidendi

The court found that the directed persons did not possess any documents, notes, or recordings relevant to the application, and that the evidence did not establish the likelihood of undisclosed alternative transcripts or expert reports. The statutory test for compelling disclosure of journalistic sources was not met, as the identity of the source was not likely to constitute material evidence in the criminal proceedings, and the interests of justice did not override the strong presumptive right to source confidentiality.

Court Disposition

Application refused

Orders

  • No summons to compel disclosure of documents, recordings, or identity of sources is issued against the directed persons.