THE POLICE Service of Northern Ireland (PSNI) has asked a Belfast court to consider in private its appeal for a journalist to hand over her source material.
Chief constable Sir Hugh Orde wants the Sunday Tribune's Suzanne Breen to make available her notes and other material concerning two reports she wrote about the Real IRA following dissident murders in March.
She has refused to do this.
Sir Hugh told the Policing Board on Thursday he understood journalists' commitment to protecting sources, but said it was necessary for detectives investigating the murders to have all material relating to the case.
Last week, officers gave Ms Breen seven days to comply with their request before taking their case to Belfast Recorder's Court yesterday.
Barrister Tony McGleenan, for the PSNI, told Judge Tom Burgess that not even Ms Breen should hear the court application.
"In this instance, the court should hear this only in the presence of the applicant and the applicant's witness."
The judge agreed to hold a closed session at Belfast Recorder's Court only to take evidence from an unidentified police officer.
However, no decision has been made on whether the full hearing should be in private.
Peter Girvan, appearing for Ms Breen, argued: "The Real IRA are a terrorist organisation and even in terms of the articles published by my client have made quite a clear threat in respect of assisting the crown in any matter.
"To put it bluntly, any perceived compliance with a court order of that nature places my client at significant risk of harm."
Judge Burgess said the case involved balancing the right of bringing to justice those behind the murder and the rights of the press. Closing the court to hearing from the police witness, the judge listed the case for a further review next week.
The national executive council of the National Union of Journalists (NUJ) yesterday backed Ms Breen in her stance.
NUJ Irish secretary Séamus Dooley said: "If the police begin to use journalists as a tool of intelligence gathering, sources won't have confidence that they can speak openly to the press. That means stories will go uncovered and journalists will be put in physical danger." The union pledged to give "all practicable support" to Ms Breen in her case.
Mr Dooley added: "This case is deeply worrying, both because of the sweeping nature of the order being sought and way in which the case is being approached by the police. We are particularly concerned that the Police Service of Northern Ireland has sought for the entire case to be held behind closed doors and that they have made an application for a preliminary in-camera hearing in the absence of Suzanne Breen's legal team."
Following the court hearing, Ms Breen said she and the Sunday Tribune would fight the application. "We still stand by the protection of sources as part of the code of conduct as journalists."
She added: "If I complied with police demands, my life would be in danger."