PSNI application for footage linked to disorder ‘should never have been made’

A constabulary exertion to unafraid media footage linked to upset successful Northern Ireland should ne'er person been made, a justice has been told.

A barrister representing respective media organisations made the assertion during a proceeding to find whether the Police Service of Northern Ireland (PSNI) should enarthrosis the outlets’ ineligible costs for resisting the failed bid to get videos and photographs taken by them successful Londonderry successful April 2023.

The published and unpublished footage related to scenes captured astatine a dissident enactment Easter commemoration successful Derry’s City Cemetery.

Rioting broke retired extracurricular the cemetery connected the time and 4 viable tube bombs were recovered successful the grounds of the cemetery the pursuing day.

The bid was resisted by respective quality gathering organisations – including the PA quality agency, BBC NI, UTV, ITV News and Channel 4 News – which each argued that granting specified an bid would undermine nationalist perceptions of media impartiality and independence.

Earlier this week, justice Gordon Kerr KC refused the PSNI’s application, ruling that it failed to conscionable the archetypal threshold for securing specified worldly – namely, that determination are tenable grounds for believing it would “likely to beryllium of important value” to a panic investigation.

Judge Kerr sat again connected Friday greeting to perceive an exertion from the media organisations to beryllium awarded costs successful the case.

Richard Coghlin KC, representing the outlets, said the subject expected successful pursuing specified applications was “absent” from the PSNI successful the case.

He said it was wide from the outset that the bid was not going to fulfill the legislative threshold for securing specified worldly nether the Terrorism Act.

The barrister said that was adjacent much evident erstwhile a constabulary detective had undergone transverse introspection during the hearing.

“The exertion should ne'er person been made,” helium told the judge.

“And erstwhile it was made it should person been withdrawn aft transverse examination.”

Mark Robinson KC, representing the PSNI, rejected this argument, insisting the exertion was made arsenic portion of an probe into superior offending.

He said the constabulary should not beryllium “discouraged” from making aboriginal applications implicit concerns it would beryllium “targeted for costs”.

Judge Kerr asked the barrister if constabulary should person a work to guarantee determination was capable “justification” for making specified applications earlier pursing them.

Mr Robinson insisted the PSNI was justified successful seeking the order.

He further argued that determination was nary legislative proviso wrong the Terrorism Act that deals with awarding costs. He said immoderate determination to bash truthful would request to beryllium made via communal instrumentality – a determination helium argued would beryllium “vulnerable to challenge”.

Judge Kerr reserved judgement connected the costs application.

“I’ll fto you cognize erstwhile I’ve made a decision,” helium told the ineligible representatives.