West Midlands Police’s attempt to force a journalist and former Labour MP to hand over notes of his interview with a man believed to have been involved in the Birmingham pub bombings is ‘deeply concerning’ for the freedom of the press, the Old Bailey heard today.

Chris Mullin, 74, is fighting an application for a production order which would require him to provide notes of interviews carried out as part of his investigation into the IRA terrorist attacks at two pubs in 1974, which killed 21 people and injured more than 200 others.

West Midlands Police previously asked the Crown Prosecution Service whether Mullin could be charged under the Terrorism Act 2000 in relation to his notes, the court heard.

The force has now brought proceedings to compel Mullin to confirm the identity of a source who spoke to him about the Birmingham bombings – for which six men, known as the Birmingham Six, were wrongly convicted – for his book Error of Judgement.

West Midlands Police says a man referred to in court as AB made a ‘full confession to murder’ in an interview in the 1980s.

James Lewis QC said the material sought was ‘a very important piece of evidence in relation to a very serious crime, the most serious of crimes’, which ‘produces a prima facie case of murder on 21 counts’.

‘Is the chilling effect on people giving information to journalists really going to be affected by the fact that the court has ordered the disclosure of a murderer’s confession,’ he asked.

However, Mullin – who is supported by the National Union of Journalists – argues the police’s application could ‘set a precedent which could be used to undermine the freedom of journalists to investigate alleged miscarriages of justice’.

His barrister Gavin Millar QC told the court: ‘This is a unique and deeply concerning case, especially to anyone who cares about public interest, investigative journalism in this country.’ He added that the police’s contention that the material was important to its investigation was ‘just speculation’.

The recorder of London, Judge Mark Lucraft QC, has indicated that he will reserve judgment. The hearing continues.

 

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