By Gavin Mackintosh-
Journalist and former MP Chris Mullin is not obliged to hand over unredacted notes of his interview with a man said to have been involved in the Birmingham pub bombings, a judge ruled today.
Mullin, 74, investigated the IRA terrorist attacks at two pubs in 1974, which killed 21 people and injured more than 200 others. He said that he interviewed an individual who claimed to have planted the bombs and Mullin’s investigation culminated in his 1986 book Error of Judgement , which helped clear the names of the Birmingham Six, who served 17 years in prison for the bombings before they were released in 1991.
AD: Capeesh Restaurant
The information sought by police pertains to investigations conducted by Mr Mullin in 1985 to 1986 which concluded that an “inadequate” IRA warning call on the night of the bombings caused or contributed to the 21 deaths, an inquest jury found in 2019.
West Midlands Police applied for a production order to force Mullin to provide unredacted notes of interviews in the late 1980s and early 1990s with two men, one of who is said to have made a ‘full confession to murder’. The veteran journalist refused to do so, citing the journalistic principle of source protection in a long running dispute that only concluded today.
At a hearing last month, Mullin’s counsel Gavin Millar QC said the case was ‘deeply concerning … especially to anyone who cares about public interest, investigative journalism’.
AD: Oysterian Sea Food Restaurant And Bar
Judge Mark Lucraft QC today ruled that the public interest in protecting journalistic sources outweighed the potential importance of the material sought by the police, saying that ‘there is not an overriding public interest in denying the Article 10 [ECHR] rights that are in play’.
Speaking outside the Old Bailey, 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.’
His very experienced and bright solicitor, Louis Charalambous, of Simons Muirhead Burton said: ‘This is a landmark freedom of expression decision which properly recognizes the public interest in Chris Mullin’s journalism which led to the release of the Birmingham Six.
‘If a confidential source cannot rely on a journalist’s promise of lifelong protection then these investigations will never see the light of day.’ Chararambambous is a member of the Media Society and Frontline Club for journalists.
Solicitor: Louis Charalambous Image:smb.london.com
West Midlands force maintains information in Chris Mullin’s notes could solve the 1974 atrocities.
However, former MP Mr Mullin, 74, is challenging the police application to require him to disclose the material, citing the journalistic principle of source protection.
In turn, barristers for the police say the benefit of a confession about the bombings outweighs any promise of anonymity to sources.
Mr Mullin helped expose the innocence of the so-called Birmingham Six, the men freed from prison in 1991 when their convictions over the deaths of 21 people were quashed.
No other parties have been brought to justice for the blasts at the Mulberry Bush and Tavern in the Town pubs on 21 November 1974, which also injured 220 people. West Midlands Police has said its investigation remains active.
A book plus documentaries from Mr Mullin contributed to the release of the Birmingham Six, but he has said he cannot reveal the identity of an IRA man who helped prove the miscarriage of justice.
An “inadequate” IRA warning call on the night of the bombings caused or contributed to the 21 deaths, an inquest jury found in 2019.
AD: Heritage And Restaurant Lounge Bar