Tribunal not to warn media on Lawlor reports

LIAM LAWLOR has failed in an attempt to have the Flood Tribunal warn the media about future reporting of his involvement with the bribes-for-votes inquiry.

The former Fianna Fáil TD complained to tribunal chairman Mr Justice Flood about language used in some reports. This was after remarks made about him in a statement from Frank Dunlop read out during the opening days of public hearings last week.

In two letters sent in recent days, Mr Lawlor said the reports were “misleading”, “damaging” and “prejudicial”. He called on Justice Flood to draw the media's attention to his assertion that what was being reported was at odds with the evidence.

Counsel for the tribunal, John Gallagher SC, read the two letters and a reply from the tribunal into the record but made no orders about future media reporting.

Mr Lawlor has been jailed three times for failure to fully co-operate with the tribunal. Mr Dunlop's statement alleges Mr Lawlor played a central role in the rezoning of lands under investigation by the tribunal in its probe into planning bribes.

In his first letter, sent by fax last Friday, Mr Lawlor quoted from Mr Gallagher's opening statement in which he acknowledged that evidence given to the tribunal presented a “risk of damage to the reputation of individuals figuring in allegations”. Those individuals might not get to refute such allegations in public for some time.

Mr Gallagher had added, however, that every effort would be made to minimise such damage and that the tribunal was determined to be fair to everyone - comments Mr Lawlor credited as “constructive fairness”.

But Mr Lawlor said: “Despite this balanced approach, the media have represented an entirely different picture of the opening statement to the extent that the tribunal has been told (via media reports) that I acted as a middleman in getting land rezoned by bribing councillors.

“Nowhere in any documents I have received regarding the Carrickmines Module (the first phase of the current sittings), in the statements of Mr Dunlop or others or in John Gallagher SC's statements to date is there any support to my knowledge for such statements.”

He drew attention to a newspaper headline and article, a radio bulletin and a news website, all of which had reported on the contents of Mr Dunlop's statement, and asked for confirmation from Mr Gallagher that he has used none of the “damaging words” in his opening address.

The tribunal replied by letter that evening, noting Mr Lawlor's concerns but pointing out that “none of the words complained of were spoken by John Gallagher SC in his opening address or at any time thereafter”. The letter referred Mr Lawlor to the tribunal's website from which, it was suggested, he could download a transcript of all that had been said in the hearings to date.

Mr Lawlor sent another letter last Monday in which he said he noted that the tribunal had “implicitly accepted” that the media interpretation of Mr Gallagher's opening statement was “at variance with the facts in crucial elements as they affect me”.

He said he had no doubt the tribunal wished to see accurate reporting of its proceedings and would be aware of the “prejudicial effects” of the comments of which he complained.

“I would ask for the indulgence of the chairman and members and would ask you to draw media attention to the misleading contents of those reports and make a statement to that effect,” he said. Mr Gallagher read the letters but said there would be no further comment on the matter. Last night, however, Mr Lawlor issued a statement saying the tribunal had confirmed the “inaccuracy and unfairness” of the reports and he would be asking for retractions.