A soldier whose evidence could be vitally important to the Bloody Sunday inquiry had threatened the life of a UTV reporter to whom he made a detailed statement two years ago, it was alleged at the hearing in Derry's Guildhall yesterday.
The soldier, said to have been among the paratroopers who carried out the fatal shootings in the Bogside on January 30th, 1972, claimed that - contrary to previous British army assertions - his unit's orders were to seek out and engage with hidden IRA gunmen in the area.
His statement was given to Mr Rob Morrison, now UTV's head of news, on the understanding that his name would not be revealed. Part of the material was broadcast in a series of programmes entitled A Tour of Duty.
Yesterday, UTV's legal representative strongly contested an inquiry order to supply unedited material which could identify the man, said to be from Belfast.
Mr John Rodgers, solicitor, said: "This is a soldier who has directly threatened UTV's head of news in very clear and very blunt language, and in terms which he (Mr Morrison) understood to be a direct threat on his life." There was an issue of grave public importance in regard to protection of journalistic sources, and there was also a human rights issue in regard to Mr Morrison's right to protection from exposure to threat, he said.
Counsel for the tribunal, Mr Christopher Clarke QC, pointed out that the soldier had made a number of statements which could, if true, constitute vitally important evidence. He had, on his own admission, fired what may have been the first shot after the paratroops entered the Bogside. He had also described other firing by the soldiers which had not emerged in the Widgery inquiry.
The identity of this man was indispensable, said Mr Clarke. "These allegations go to the very heart of a large number of matters into which the tribunal has to inquire." He said one of the "gravest controversies" over Bloody Sunday concerned whether what occurred had been a rigorous arrest operation, during which fire was opened on the soldiers, or in fact an operation in which the unit had been ordered to draw out and engage with the IRA.
"This is an overwhelming case in which it is really necessary to override any journalistic privilege that might arise," he said. The tribunal chairman, Lord Saville, said they could conceive of no method of discovering the identity of this individual other than through examining the information held by UTV.
Mr Rodgers said the journalist was exposed to the serious possibility of grave injury if required to expose the unedited statement. Lord Saville suggested that if the name of the statement's author was known, he would clearly know that "the finger would be pointed at him", and this would reduce the element of risk. He asked for clarification of the timing and nature of the threat, but Mr Rodgers said he could not be more specific about that.
Mr Edwin Glasgow QC, who represents a large number of soldiers so far identified as potential witnesses, said the paratroops he represented had denied any knowledge of this matter. This man's identity should be revealed as quickly as possible, and as he had apparently recently committed an extremely serious offence, "the sooner he is taken into custody the better". Lord Saville said the information given to the tribunal about the nature of the threat was not sufficient for it to be able to assess it properly. However, UTV had already been given a fair and reasonable opportunity of complying with the tribunal's requirements and had failed to take it. The issue remained unresolved but would be revisited by the inquiry.
The tribunal also heard legal submissions on behalf of ITN and the BBC contesting various requests and subpoenas requiring them to reveal the identity of sources for a number of investigative reports on Bloody Sunday.
For the broadcasting organisations, Mr Andrew Caldecott QC said the public interest would be irreparably damaged by the disclosure of journalistic sources. A precedent would be created if an order was enforced against them. The whole source base for current news reports on Northern Ireland could be shut off.
"It is wholly unrealistic to expect to get information from those on the extreme edges of the community without being able to give guarantees of absolute confidentiality," he said. He submitted that there could be alternative ways of discovering the identity of sources other than by compelling the journalists to disclose them. Many soldiers had already been interviewed by the inquiry team, and "voluntary route disclosures" by soldiers should be exhausted before any disclosure order was made.
Mr Clarke, for the tribunal, said the material sought was highly germane - it was part of the evidence that had led to Parliament setting up the inquiry in the first place.
"It would be a supreme irony if the tribunal was to take the view that it was not reasonable to seek the sources of the information that led to its establishment in the first place," he commented.