Birmingham pub bombings: Journalist Chris Mullin does not have to hand over notes to police and can protect his sources, court rules
West Midlands Police had asked the court to rule that the journalist should disclose source material gathered during his investigation in the 1980s into who carried out the 1974 atrocity.
Tuesday 22 March 2022 21:46, UK
A journalist who investigated the 1974 IRA Birmingham pub bombings does not have to hand over notes to the police, a court has ruled.
West Midlands Police had asked the court to force Chris Mullin, 74, to disclose source material dating back to his investigation of the attacks in 1985 and 1986.
Mr Mullin claimed to have traced and met at least one of those who took part in the bombings, as part of research he carried out to prove that six people who were sent to jail for the atrocity were innocent.
He didn't want to hand over details of the person to police as Mr Mullin had "promised" he "would not reveal his identity", James Lewis QC, representing West Midlands Police, had earlier told the Old Bailey.
Mr Mullin, also a former Labour MP, successfully challenged the application made by police, with Judge Mark Lucraft ruling that the journalist does not need to disclose his notes.
Twenty-one people were killed in bomb attacks on two pubs in Birmingham in November 1974 - the worst IRA attacks on English soil - and West Midlands Police were attempting to use the Terrorism Act to force Mr Mullin to hand over details of what he knew.
His book Error of Judgment and a series of documentaries helped expose one of the worst miscarriages of justice, leading to the Birmingham Six being released in 1991.
But he has been criticised by relatives of those who died for keeping the names of those he spoke to for the book secret.
Following the judgment, Mr Mullin said he was "grateful" for the judge's decision, adding that the right of a journalist to protect sources was "fundamental... in a democracy".
Mr Mullin said: "The right of a journalist to protect his or her sources is fundamental to a free press in a democracy. My actions, in this case, were overwhelmingly in the public interest.
"They led to the release of six innocent men after 17 years in prison, the winding up of the notorious West Midlands Serious Crimes Squad and the quashing of a further 30 or so wrongful convictions.
"This case also resulted in the setting up a Royal Commission which, among other reforms, led to the setting up of the Criminal Cases Review Commission and the quashing of another 500 or more wrongful convictions.
"My investigation is also the main reason why the identity of three of the four bombers is known."
The journalist was represented in the case by solicitor Louis Charalambous of Simons Muirhead Burton and barrister Gavin Millar QC.
Mr Charalambous said: "This is a landmark freedom of expression decision which properly recognises the public interest in Chris Mullin's journalism which led to the release of the Birmingham Six.
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"If a confidential source cannot rely on a journalist's promise of lifelong protection then these investigations will never see the light of day."
Assistant Chief Constable Matt Ward, of West Midlands Police, said: "This was a complex issue balancing the need to pursue all significant lines of inquiry related to the 1974 Birmingham pub bombings against the rights of journalists to keep the sources of their information confidential.
"The court has given its independent judgment which we will now consider carefully. West Midlands Police remains committed to bringing to justice those responsible for the murder of 21 innocent victims."