PSNI and UK government lose High Court battle over disclosure of material in loyalist killing

Lawyers representing the Chief Constable and the Secretary of State for Northern Ireland took legal action after a coroner decided that a limited summary of some material can be provided to Liam Paul Thompson’s next of kin.

They argued it would breach a policy of Neither Confirm Nor Deny (NCND) in a way which could go against national security interests.

But Mr Justice Humphreys rejected claims that the coroner’s decision was unlawful and irrational.

He said: “She took into account all material considerations, including the need to have proper regard to assertions of risks of damage to national security contained in ministerial certificates and the limited circumstances in which a judge or coroner may depart from such an assertion.”

Mr Thompson, 25, was shot dead by the Ulster Freedom Fighters at Springfield Park while being given a lift in a taxi in April 1994.

Amid allegations that the RUC was aware of a credible threat against the cab firm, members of the local community suspect police were complicit in the attack by failing to provide a warning.

At the long-delayed inquest into the killing the PSNI and Ministry of Defence requested Public Interest Immunity (PII) for a number of documents which would otherwise be disclosed to properly interested parties in the proceedings.

The applications were based on certificates issued by Northern Ireland Office minister Steve Baker MP, who cited the continuing threat from terrorism and asserted that any disclosure would cause a real risk of serious harm to the public interest.

Earlier this month the coroner granted PII for nearly all of the material, but concluded that a gist of information contained in one of seven PSNI folders was highly relevant and should be provided.

She determined the risk to national security was not at the level asserted, but also ruled that names, dates and intelligence were to be redacted to mitigate against any real risk of serious harm.

In a judicial review challenge heard partly in private, the PSNI and Secretary of State claimed the coroner incorrectly applied the legal test and disputed the rationality of her reasons for making a gist of the material.

However, Mr Justice Humphreys held that her articulation of the relevant principles was “unimpeachable”.

“I am satisfied that the coroner correctly directed herself on the law and was fully sighted on the authorities in relation to PII and the NCND policy,”the judge said.

“There is no basis to assert that there was any misdirection as to the law.”

Rejecting claims of inconsistency in the decision-making process as untenable, he added: “It is perfectly proper for a PII application to be upheld in part.”

With a further closed judgment to be issued in private, he confirmed: “None of the grounds for judicial review have been made out and the applications are dismissed.”