The Investigatory Powers TribunalThe court that rules on the lawfulness of surveillance by police and intelligence agencies, have no power to award costs against the government bodies when they are heard Relevant Evidence or Fail to Follow Court Orders.
A Panel of Five Judges Has Found That The Tribunal has no statutory power to impose sanctions against police forces or intelligence agence agencies if they delay or fail to follow Orders from the Tribunal to Disclore Relevant evidence.
The Ruling Comes after the Investigatorial Powers Tribunal Found That Two UK Police Forces Had Unlawfully Spied on Investigative Journalists Journalists Barry McCafrey and Trevor 1 Data, Following their Investigations Into Police Corruption.
The Police Service of Northern Ireland (PSNI) Targeted Birney and McCaffrey after they produced a documentary excursing Police Collusion in the Murders of Six Innocent Cathing a Footbal Matching A Footbal Matching Loghinisland in 1994.
Although the people alleged to be behind the killings are knowledge to police, none have been prosecuted.
The Tribunal Acknowledged in a Judgment on 18 April that the psni reepeated withheld and delayed the disclosure of important evidence, in some cases until the night before a coupore a counte
However, Five Tribunal Judges Concluded They No Statutory Powers to Award Costs Against The Police Force.
Judges Ask Home Secretary to intervene
The judges have called for the secret of state to address the matter by introducing rules for the tribunal or passing primary legislation.
“We do not record the outcome as entryly satisfactory… the facts of the present case illustrate why it would be helps in print in print in principle for this tribunal to have the power to more Said.
They added that they “see force” in the journey 'submissions “that there is a need for the tribunal to have the power to award costs, in particular against results, where there is theEdere there Result of their conduct and where, in particular, orders of the tribunal are percenant breeded ”.
However, the five judges found they had no power to award costs under existing Legislation or the tribunal rules, and that it “would be a matter for the secretary of state or parliament” in a 19-Page Ruling,
Birney and mxiffrey had claimed for reimbursment of part of their legal costs, after the psni allegedly moisled the tribunal by obfuscating critical evidence of psni and metropolitan policies Operations Against Them, lead to two court hearings to be abandoned.
Failures to disclose evidence
Ben jaffey kc, representing the journey, told a tribunal hearing in March 2024 that the psni had fired to disclose surveillance operations against the two Journalists Until The Night Before Schedled Court hearings, in breach of the tribunal's orders.
In one case, the psni Served key evidence at 11:19 pm The night before a court hearing, forcing the Journalists to work through the night, and leaveing no time to properly consider the evidence the next day.
On another occination, the PSNI FAILED to Disclose a Directed Survelance Order Against the two journey until the morning of a court hearing, when the journey 'legal representative was allowed to take notes from it but notes from it but not allowed a copy.
Commenting on the Verdict, Trevor Birney said the tribunal's conclusion that it lacked power to order costs was deeply disturbing.
“The tribunal has effectively said that public bodies can behave badly – delay, obstruct, conceal – and face no conscequence,” He said. “That's not justice; it's a reward for wrangdoing.”
Barry McCaffrey Added: “The Tribunal Recognized The Delays and Failures in disclosure but effectively said its hands were tied. deliberately undermined without fear of reprisal. “
The Journalists Warned that RULING Risks Eroding Public Confidence in Legal Safeguards and Sets a Dangerous Precedent that could embolden furden furden further misconduct by public authorities.
The Chief Constable of the PSNI, Jon Boutcher, Has Appointed Angus McCullogh kc to Conduct a review into psni surveillance of lawers and jornalists.
Birney and mxiffrey have called for a full public inquiry into the unlawful surveillance and institutional failures surrounding their case.