A man accused of murdering two soldiers refused to answer detectives’ questions because his solicitor feared their consultations would be bugged, a court has heard.
Colin Duffy’s former lawyer Pat Vernon said Northern Ireland police refused to provide reassurances on his concerns over monitoring at Antrim custody suite.
Solicitor Manmohan Sandhu was imprisoned for unrelated offences after an earlier case where his conversations with a client were recorded at the same police station.
Duffy and co-accused Brian Shivers deny the murder of Sappers Mark Quinsey and Patrick Azimkar, who were shot outside their army base in Antrim.
Duffy’s then-solicitor Mr Vernon told Antrim Crown Court: “We were not in a position to answer any questions because of my inability to advise Mr Duffy, given the failure of the police to confirm that the interview was not being monitored.”
Sappers Quinsey, 23, and Azimkar, 21, were shot dead by the Real IRA as they collected pizzas with comrades outside Massereene Army base in Antrim town in March 2009.
Duffy, 44, from Forest Glade in Lurgan, Co Armagh, and Shivers, 46, from Sperrin Mews, in Magherafelt, Co Londonderry, deny two charges of murder and the attempted murder of six others – three soldiers, two pizza delivery drivers and a security guard.
Duffy was advised by his solicitor during days of police interviews about the attack. He was counselled to deny membership of any organisation or any involvement after he told his solicitor he was not guilty. His legal team at the trial want the interviews excluded and the judge to avoid drawing any adverse inference from Duffy’s non-cooperation.
Prosecution lawyer Paul Ramsey QC said Mr Vernon had reiterated several times that no evidence had been put to his client and asked why he had not similarly put his concerns about monitoring on the record during interviews.
Mr Vernon responded: “I had made it clear to them (police) that I was not happy with their assurances so they were aware of my concerns about the question of monitoring.” He said he was given a letter which neither confirmed nor denied the monitoring but linked any such move to the surveillance commissioner.
The National Intelligence Service (EYP) eavesdropped on almost 1,400 people this year but this played a significant role in tackling organized crime and domestic terrorism, Citizens Protection Minister Christos Papoutsis told Parliament on Friday.
Papoutsis said EYP had bugged 778 people in 2010 and 1,392 this year. He added that another 500 wiretapping operations were currently being carried out by secret service agents. Papoutsis defended the operations, saying EYP had helped in numerous cases.
I believe that thanks to EYPs involvement, along with the setting up of the financial police and the continuing work of the electronic crimes squad, we have managed to trace a number of organized crime and terrorist gangs.
Responding to questions about EYPs procedure for eavesdropping, the minister said that agents obtain permission from both the judiciary and the privacy watchdog before listening in on conversations.
A retired Garda inspector has described investigations into the alleged interception of cross-border telephone calls between the RUC and Gardaí by the IRA, leading to the murder of two senior RUC officers.
Retired inspector Chris Kelly was asked to carry out an investigation in 2009 following an article that appeared in the Phoenix magazine, claiming that the IRA had a bug the organisation used to intercept phone calls between Dundalk garda station and the RUC over secure lines.
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Lawyers who are made privy to the identity of police phone bugging and surveillance targets will face up to two years’ jail if they disclose the information, the Victorian government says.
The minister responsible for the establishment of an anti-corruption commission, Andrew McIntosh, has released the legislation setting up public interest monitors (PIMs).
The PIM, and his or her deputies, will attend court and tribunal hearings where police or Office of Police Integrity (OPI) representatives apply for permission to tap someone’s phone or track them using surveillance devices.
They will also appear at warrant applications made by the yet to be established Independent Broadbased Anti-Corruption Commission.
The draft law follows Ombudsman George Brouwer’s finding earlier this month that there was an accountability gap regarding telephone intercepts in Victoria.
He recommended the government develop measures to allow the merit of telecommunication intercepts to be assessed.
Mr McIntosh told the parliament the PIMs would be lawyers who would have to act independently and not be employed by the commonwealth, the state or the Office of Public Prosecutions.
They would attend application hearings in the courts where they would have the right to question warrant applicants and have access to a copy of the application and any affidavit.
If a PIM disclosed the sensitive information to others they would face two years’ jail.
Mr McIntosh said last year alone Victoria Police and the OPI made 424 applications for telecommunications interception warrants and all had been granted.
It was a similar situation with surveillance device warrants.
“Covert investigation and coercive powers, such as surveillance devices (and) telecommunications interceptions … are among the most intrusive powers available to integrity and law enforcement bodies in Victoria,” he said.
“Strong accountability measures should exist for the use of such significant powers.”
The legislation will be debated in the lower house next month.
A retired Garda inspector has described investigations into the alleged interception of cross-border telephone calls between the RUC and Gardaí by the IRA, leading to the murder of two senior RUC officers.
Retired inspector Chris Kelly was asked to carry out an investigation in 2009 following an article that appeared in the Phoenix magazine, claiming that the IRA had a bug the organisation used to intercept phone calls between Dundalk garda station and the RUC over secure lines.
Read More
