Journalist Asa Winstanley wins significant ruling

The Central Criminal Court has confirmed that the October 2024 raid on journalist Asa Winstanley’s home by British counter-terrorism police was unlawful. This decision comes after the court ordered the immediate return of all devices seized during the raid, which included computers and phones. The search warrants that the police applied for under section 8 of the Police and Criminal Evidence Act 1984 were found to be “unlawfully issued.”

The controversial dawn raid, executed on 17 October 2024, aimed to investigate Winstanley's social media posts. Despite never facing arrest or charges, Winstanley was subjected to sweeping warrants that inappropriately allowed the police access to both journalistic materials and legally privileged information. The court subsequently denied a request from the Metropolitan Police for a production order that would retroactively permit access to Winstanley’s devices. Recorder of London Mark Lucraft KC stated he was “very troubled by the way in which the search warrant application was drafted, approved and granted where items were to be seized from a journalist.”

Tayab Ali, the solicitor representing Asa Winstanley and a partner at Bindmans, expressed strong sentiments regarding the ruling, stating, “This ruling is a resounding victory for press freedom and the rule of law. The actions of the police, raiding a journalist’s home under the guise of counter-terrorism, were not only unlawful but a grave threat to the democratic principle that journalists must be able to work without fear of state harassment.” He further elaborated that the case was about “silencing a journalist who had made comments on the situation in Gaza,” arguing that the police had acted improperly without the authority to retain journalistic and privileged materials.

Asa Winstanley's legal team effectively demonstrated that the seized devices held crucial information related to the Undercover Policing Inquiry and other sensitive journalistic data. The National Union of Journalists (NUJ), a significant advocate for press rights, offered support throughout the proceedings.

This significant ruling has raised questions about the conduct of the police and their subsequent failure to issue an apology or discontinue the ongoing investigation into Winstanley’s journalistic work. The implications of this case extend beyond Winstanley himself, spotlighting essential issues surrounding press freedom and state intervention in journalism. As this case unfolds, many are calling for a reassessment of policies that threaten journalistic integrity and freedom.

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