7/22/2019 Irish News wins legal battle spys photo
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Suzanne [email protected]
THE Irish News yesterdaywon a landmark legal bat-tle after a
judge threw outthe case of a former British
army secret agent inside the IRA,who claimed the publication ofa
photograph of him had endan-gered his life.
In what was last night describedby Irish News editor Noel
Doranas an important victory for pressfreedom, the judge
dismissedPeter Keeleys action against thenewspaper.
Allegations of breach of privacyand copyright from Mr Keeley
aformer British agent who used thename Kevin Fulton were reject-ed
by the judge who also orderedcosts against him, leaving the ex-spy
facing a potential five-figurelegal bill.
District Judge Isobel Brownlieruled in favour of the
newspaperafter Mr Keeley had mounted acase against The Irish
Newsclaim-ing that the unauthorised use ofan unmasked, self-taken
picturehad exposed him to heighteneddanger.
But in delivering her judgmentyesterday, the judge said she
wasunimpressed by Mr Keeleys evi-dence, describing him as
disin-genuous and said The Irish Newswas entitled to publish the
pho-tograph and the article.
Mr Keeley (52) had issued pro-ceedings followingthe
publicationof a photograph in the newspaperin April 2011.
He had objected to the photo-graphs publication and was seek-ing
5,000 damages from The Irish
Newsfor alleged breach of privacy
and copyright.The photograph accompanied
a report in connection with aseparate lawsuit that his
ex-wifehad taken against the Ministry ofDefence, the PSNI chief
constableand Freddie Scappaticci, the westBelfast man who denies
allega-tions that he was the army spycodenamed Stakeknife.
Margaret Keeley claimed shewas interrogated by an IRA secu-rity
team, including Scappaticci,following a failed plot to murdera
senior RUC officer in Belfast in1994.
She also alleges wrongful arrestand false imprisonment by
thesecurity forces who held her forthree days after the
assassinationattempt.
Mrs Keeley believes her deten-tion waspartof anelaborate
sham
to protect her husbands cover.Mr Keeley claimed that an im-
age of him, that he had taken in aphoto booth for an
internationaldriving licence, should never havefeatured in the
newspaper report.
In his evidence, given behindscreens at Belfast County
Courtearlier this year, the Newry-bornformer soldier said he would
al-ways be under a death sentencefrom republicans.
He said he did not socialise orallow himself to be
photographedand had claimed publishing theself-taken photograph was
like asoldier being shot with his owngun.
Mr Keeley claimed that thenewspaper publication had
caused him severe annoyance
and worry and said the photo-graph belonged to him.But lawyers
for the newspaper
had cited the right to freedom ofexpression.
Bernard Fitzpatrick BL, instruct-ed by James F Fitzpatrick and
Co representingThe Irish News hadargued that it was an absurd
casebrought by a high-profile figurewho regularly courted the
media.
In delivering her judgment yes-terday, Judge Brownlie
dismissedthe case and said Mr Keeley didnot impress me in his
evidenceand was unsatisfactory and dis-ingenuous in this
regard.
She said he had a high publicprofile and not what he said,
inthat he keeps himself to himself.
She also pointed to the factthat the photograph was
readilyavailable online with the imagereturning around 250,000 hits
onGoogle.
While she said an individualhad a reasonable expectation
ofprivacy, there was no evidencethat the relevant photograph
wastaken surreptitiously.
The judge also said she was notimpressed by the plaintiffs
stepsto get the photograph removedonline repeating her assumptionof
him as being disingenuous.
She said she was satisfied the ar-ticle was proportionate
addingthat The Irish News was entitledto publish the photograph and
thearticle.
Judge Brownlie also awardedcosts, which are estimated to be
five figures, to The Irish NewIrishNewseditor Noel Dor
night stressed the significathe verdict which he said wimportant
victory for presdom and also represents aplete vindication of the
actiour paper.
TUESDAY NOVEMBER 26 2013 NEWS
PETER Keeley, better known by thename Kevin Fulton, was
recruited byBritish military intelligence to spy onthe IRA in the
mid-1980s.Originally from Newry, he had joined
the British army when he was 18before being selected to spy
onrepublicans in the Down and Armaghareas.He returned to civilian
life after beinggiven false discharge papers so hecould begin
infiltrating the ProvisionalIRA.He allegedly became one of
theorganisations bomb specialists andwas at the heart of many
operations,while also passing information back tohis handlers.But
when the RUC foiled an attemptby the IRA to kill senior RUC
detectiveDerek Martindale in 1994, Keeley wasouted.He claims he was
abducted,tortured and interrogated by FreddieScappaticci, the west
Belfast man
who denies allegations that hewas another army spy
codenamedStakeknife.It later emerged that he had tippedoff police
about the attack.
Keeley has also claimed he warnedhis police handlers in August
1998that the Real IRA was planning anattack, shortly before 29
peopleincluding a woman pregnant withtwins were killed in
Omagh.More recently he has given evidenceto the Smithwick Tribunal,
allegingGarda collusion in the IRA murders ofRUC Chief Supt Harry
Breen and SuptBob Buchanan after leaving DundalkGarda Station in
1989.He rejected claims he was apathological liar and described
hisrole as an agent as a labour of love,saying he had worked for
the Britisharmy, MI5, Customs and Excise andpolice.
Suzanne McGonagle
Irish News editor Noel Doran I feel that todays judgment
important victory for press freand also represents a
complevindication of the actions of opaper.If Mr Keeley had won his
caswe would not only have beenwith a huge bill but it would hbeen
legally very difficult for anews organisation to put a prspotlight
on the shadowy worinformers and agents.However, thanks to
acomprehensive and carefullyargued ruling from the judge,three main
claims put forwardMr Keeley, covering his securcopyright over a
photograph aright to privacy, have all beenfirmly rejected.I am
very grateful to our legateam, and I think we havedemonstrated that
The Irish Nwill offer a very robust defencbefore any court when we
bethat a point of principle is atstake.
Agents role a labour of love
Judgment a victfor press freedo
n FAILED COURT BID: Peter Keeley, also known as Kevin Fulton, a
former British armydouble agent, failed in his breach of privacy
action against The Irish News
The judge was notimpressed by theplaintiffs steps to
get the photographremoved onlinerepeating herassumption of himas
beingdisingenuous
Irish News wins legal battleafter publishing spys photo
