The final hearing before the Investigatory Powers Tribunal in the claim brought by Vincent Kearney and the BBC against MI5, the PSNI, the Metropolitan Police Service, Durham Constabulary and others has concluded after two days.
The open hearing focused on Mr Kearney’s claim for damages after MI5, the PSNI and the Metropolitan Police had admitted unlawfully acquiring Mr Kearney’s communication data between 2006 and 2013. At the time, Mr Kearney was BBC Northern Ireland’s Home Affairs Correspondent and a reporter for BBC Spotlight. MI5, the PSNI and the Metropolitan Police accepted their actions had breached Mr Kearney’s Article 8 and 10 ECHR rights and also the BBC’s Article 10 ECHR rights.
The case represents one of the most extensive known examples of targeting of a journalist by UK law enforcement bodies in an effort to identify confidential journalistic sources. It is believed that this is the first time that MI5 has openly conceded that it unlawfully obtained confidential journalistic communications data. In total, there were over seven separate police or MI5 operations in which communications data was acquired, with data relating to many thousands of calls being obtained by the PSNI and the Metropolitan Police. Mr Kearney gave evidence to the Tribunal of the damage and impact which these unlawful actions had had on his journalism, and his concern when learning of the extent to which law enforcement bodies had sought to label his lawful journalistic activities as criminal.
The PSNI, MI5, Metropolitan Police and Durham deny Mr Kearney’s entitlement to damages. Judgment was reserved.
Jonathan Scherbel-Ball, led by Jude Bunting KC and instructed by Ciaran O’Shiel of A&L Goodbody, acted for Mr Kearney and the BBC.