Chris Mullin, the journalist and former MP, has won the right to protect his sources in a historic freedom of the press case at the Old Bailey.
Judge Lucraft ruled that it was not in the public interest to force Mullin to hand over data that would identify a man who had confessed his role in the 1974 Birmingham pub bombings.
West Midlands police had applied under the Terrorism Act 2000 to require Mullin to disclose material dating back to his investigation in 1985-1986 that led to the successful appeal of the six men wrongly accused of the Birmingham pub bombings.
Mullin had refused to divulge the information that could identify the man who had confessed his role in the bombings to him in an interview. Mullin had promised to protect the man’s identity in exchange for information that would help exonerate the six. Twenty-one people were killed in the bomb attacks on two pubs in Birmingham in November 1974.
In a lengthy written judgment, Lucraft concluded: “Whilst I can see the benefit likely to accrue to a terrorist investigation if the material is obtained, having regard to the circumstances under which Chris Mullin has the material in his possession, custody or power, I do not feel that the material should be procured or that access should be given to it.”
The judgment accepted the arguments put forward by Mullin’s barrister, Gavin Millar QC, at last month’s hearing that the public interest was strong. “The journalism in issue was of the highest public interest value exposing serious failings on the part of the criminal justice system which resulted in the wrongful conviction and imprisonment of six innocent men.”
Outside the court, standing where he had famously stood in 1991 with the Birmingham Six after their successful appeal, 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 of 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, most recently those of the many sub-postmasters wrongly convicted of fraud and theft. My investigation is also the main reason why the identity of three of the four bombers is known. Finally, I am grateful to the National Union of Journalists for their unswerving support.”
His solicitor, Louis 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. If a confidential source cannot rely on a journalist’s promise of lifelong protection, then these investigations will never see the light of day.”
The judge also lifted a restriction under section 11 of the Contempt of Court Act 1981 after a challenge by five media organisations, including the Guardian. The restriction meant that the true identity of the confessed bomber could not be mentioned in the original hearing, in which he was described as AB. He has since been widely identified in the media as a “critical suspect”.
Mullin had come under pressure from West Midlands police to reveal his data when they reopened the investigation into the bombings in 2019. Relatives of victims of the bombings and their organisation, Justice 4 for the 21, have attacked Mullin for refusing to hand over his unredacted notes and some have called him “scum”.
In his statement to the hearing last month, Mullin said: “I hold no brief for the terrorists responsible for this atrocity … I have every sympathy with those whose loved ones died, and were I in their place I, too, would want those responsible to face justice.”
Responding to today’s decision, the assistant chief constable of West Midlands police, Matt Ward, 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.”
In the hearing last month, statements on Mullin’s behalf were submitted by a former lord chancellor, Charles Falconer, the former editor of the Guardian Alan Rusbridger, and the general secretary of the National Union of Journalists, Michelle Stanistreet.
