The Police Ombudsman, Mrs Nuala O'Loan, has recommended disciplinary action against eight PSNI officers, including a detective chief superintendent, over the manner in which police raided the home and offices of a Sunday Times journalist and the home of a former police officer.
Mrs O'Loan strongly criticised the handling of searches at the homes of the former RUC officer and of the two journalists, Liam Clarke, Northern Ireland editor of the Sunday Times, and his wife, Kathy Johnston. She also described the seizure of journalistic material as unlawful.
However, Mrs O'Loan upheld the right of the police to make arrests during the operation and said she found no evidence to suggest that the Chief Constable, Mr Hugh Orde, misled the Policing Board about the matter.
The raids and arrests in April of last year were carried out under the British Official Secrets Act and resulted from the publication by Mr Clarke and Ms Johnston of a biography of Sinn Féin's chief negotiator, Mr Martin McGuinness. The book allegedly contained information which was secret.
The Police Ombudsman concluded that the search at the home of the two journalists was "poorly led and was an unprofessional operation", and was lacking in the minimum standard of supervisory control.
She upheld a complaint from Mr Clarke and Ms Johnston that the particular search warrant the police had obtained from a Justice of the Peace did not allow them to seize material being held for journalistic reasons. Her report said the seizure of this material was therefore unlawful.
Mrs O'Loan also upheld complaints from Mr Clarke and Ms Johnston that they were not allowed to make arrangements for the care of their eight-year-old daughter, who was staying at a neighbour's house.
She did not substantiate complaints from the journalists about the need for their arrests, allegations that the timing of the arrests was disproportionate and that their detention was unlawful.
The Police Ombudsman substantiated complaints from the Sunday Times that the search of its premises in Belfast was illegal and the seizure of material unlawful. She also upheld the complaint that the decision to force an entry into the building was wrong.
Mrs O'Loan said it was unreasonable and disproportionate of the police to force an entry into the newspaper offices, particularly as Mr Clarke had offered to supply a key.
The Ombudsman upheld a complaint from the former policeman that the timing of the search of his house, which began shortly after midnight, was unreasonable and that it could have waited until 7 a.m. She supported his complaint that the search compromised the safety of his family - he and his family have since moved home.
Mrs O'Loan said she was satisfied that the police failed to give the manner of the search due consideration and their approach risked compromising the safety of the family.