Former assistant chief constable Barbara Gray is to challenge claims that she expressed concerns about “perverse decisions” within the north’s criminal justice system due to the prevalence of Catholics in the legal profession.
Chief constable Jon Boutcher told members of the Policing Board on Thursday that Ms Gray, whom he did not name, does not “recall” the extraordinary remarks attributed to her after the issue was raised by north Belfast Sinn Féin assembly member Gerry Kelly.
Ms Gray joined London’s Metropolitan police in 2021 but retired earlier this year.
The comments were revealed during an Investigatory Powers Tribunal (IPT) hearing, which is currently examining allegations that journalists Barry McCaffrey and Trevor Birney were subjected to unlawful surveillance by the PSNI.
The pair made a complaint to the IPT in 2019 over their arrest the previous year in connection with an acclaimed 2017 documentary about the UVF sectarian murder of six men at the Heights Bar in Loughinisland, Co Down, in June 1994.
The IPT looks at complaints from people who believe they have been the victim of unlawful covert interference.
This week the tribunal has been hearing oral evidence from retired Durham Constabulary officer Darren Ellis.
Mr Ellis was the senior investigating officer with a Durham Constabulary-led investigation, Operation Yurta, into the alleged theft of confidential documents used in the film about the Loughinisland atrocity.
Details of correspondence between Mr Ellis and Durham Constabulary were read to the tribunal this week in which he attributes comments he claims were made to him by a senior officer, understood to be Barbara Gray.
In the email, part of which was read to the court by Ben Jaffey KC, Mr Ellis said that “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.
“The senior officer explained to me that people from that community who wished to pursue a career in law were, more often than not, uncomfortable in joining the police as a chosen career.
“That was, with respect, despite the laudable aspirations of the Good Friday Agreement.”
Mr Ellis said that the former officer referenced “perverse” decisions made by the courts due to the number of Catholics in the north’s judiciary.
“The officer informed me of what they considered to be perverse decision making within criminal justice processes by those of a religious and political persuasion, given the prevalence of those from a Catholic background within the Northern Ireland Courts system’.”
In response to questions from Mr Kelly, Mr Boutcher told Policing Board members he has a “very constructive and positive relationship” with Lady Chief Justice Siobhan Keegan adding that his organisation has “full confidence in our judiciary and work closely with them”.
He said he did not “recognise” the remarks made and confirmed he has spoken to Ms Gray.
“I think it’s fair to say that those comments were not recalled by that officer and will be challenged by, from the officer with regards to what was said,” he said.
Mr Boutcher said he disagreed with the remarks it is claimed were made.
“I cannot emphasise sufficiently how much I disagree with them, as I say I’ve got full confidence in the judiciary,” he added.
“We have an extremely good relationships with the judiciary and our criminal justice partners per se.
“I saw the remarks (on Wednesday), 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 are not correct, they’re wrong, I’ve not seen anything like that and the officer that has been attributed to those remarks I think would share my views.”
A spokeswoman for the office of the Lady Chief Justice said: “It would not be appropriate for the Lady Chief Justice to comment.”
A spokesman for the Law Society said: “The Society will not be commenting on the proceedings before the Investigatory Powers Tribunal while these are ongoing.”