A former senior PSNI officer is seeking legal advice after evidence given to the Investigatory Powers Tribunal (IPT) suggested she had urged “caution” in dealing with Catholic members of the Judiciary.
Ex-Assistant Chief Constable Barbara Gray said the comments had left her “deeply angered and offended”.
It follows October’s meeting of the Policing Board in which Sinn Fein’s Gerry Kelly referenced the alleged comments that a previously top-ranking PSNI staff member is suggested to have made to a Durham detective.
Retiree Darren Ellis was giving evidence to the Investigatory Powers Tribunal (IPT) hearing in London on Wednesday, as he was a senior investigating officer with the English-led Operation Yurta.
That police investigation looked into the alleged theft of confidential documents used in a documentary about the UVF murder of six men at the Heights Bar in Loughinisland, Co Down, in June 1994.
The film was made by NI journalists Barry McCaffrey and Trevor Birney, and the IPT hearing is examining whether the duo were subjected to unlawful surveillance by the PSNI following their movie’s release.
Mr Kelly noted an email from Mr Ellis, which was read out in court, that stated: “The senior officer informed me of the tensions within the legal system and advised me to exercise caution when dealing with solicitors, barristers and members of the judiciary, given the disproportionate representation of those from a Roman Catholic background.
“It goes on talk about perverse decisions’ made by the court due to the number of Catholics in the North’s judiciary,” Mr Kelly continued.
Directing a question at PSNI Chief Constable Jon Boutcher, he said: “It’s out in the public, and you are the Chief Constable.
“If that was said by an ex-senior officer in the PSNI, what would be your view of that?”
Mr Boutcher responded that he does not “recognise those remarks”.
“As a matter of welfare, because an officer has been named in the media, I’ve spoken to that officer to make sure that the officer is OK,” he continued.
“I think it’s fair to say that those comments were not recalled by that officer and would be challenged by the officer with regards to what was said. I think that’s all I can really say on that this morning.”
Mr Kelly pressed the Chief Constable to disagree with any alleged comments to the effect of what was reported at the IPT hearing.
“I cannot emphasise sufficiently how much I disagree with them,” Mr Boutcher reiterated.
“I’ve got full confidence in the judiciary… I don’t recognise anything from those remarks, in my time in Northern Ireland, working both in legacy investigations or as the Chief Constable.
“They’re not correct. They’re wrong. I’ve not seen anything that would reflect anything like that, and the officer who’s been attributed to those remarks I think would share my views.”
After the meeting, the PSNI shared a statement from Ms Gray in which she said she would be seeking legal advice over the comments.
“I am aware of comments attributed to me yesterday as a result of evidence given by Mr Darren Ellis to the Investigatory Powers Tribunal sitting in London,” she said.
“I am deeply angered and offended by these comments.
“To clarify, and for the avoidance of any doubt, I have the utmost respect for the judiciary and wider legal profession in Northern Ireland and have done so throughout my 35 year career.
“I firmly believe in the fundamental principle of equality, integrity and impartiality.
“Contrary to the evidence given yesterday by Mr Ellis, in 2019 I directly challenged him on written comments that he had made about the then Lord Chief Justice, which I considered to be totally unacceptable and inappropriate.
“The matter was escalated immediately, and my response to him has been available to the Tribunal, in which I warned him, “the independence of and conduct of the LCJ and courts in NI cannot be called into question in this manner and your comments do not reflect the impartiality and independence of policing”.
“I am seeking legal advice on this matter.”
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During the meeting, Alliance MLA Nuala McAllister pushed the matter further and asked Mr Boutcher if actually acknowledging whether sectarianism exists within the PSNI or not is “the first step in tackling” prejudice within the service.
He responded: “Just to reassure you, I have a very, very positive working relationship with the Catholic Guild… We want to be an employer of choice.
“Nobody’s more important than anybody else. We’ve got an extremely good relationship with all of our support networks, through your voice [on the Policing Board].
“Obviously, we did the [cultural audit] survey last year, which we think was a good starting position around addressing any cultural challenges, but we know we’ve got to focus on specific issues.”
The PSNI completed a cultural audit in 2023. It highlights that there is a lack of understanding among employees on what equality, diversity and inclusion mean in the workplace and therefore some of the barriers and biases which exist are not being addressed.