Story of very legitimate public interest: Kennedy

THE editor of The Irish Times Geraldine Kennedy yesterday stood over her decision to publish the story that triggered the political crisis engulfing Taoiseach Bertie Ahern.

“I took the view that it was a matter of very legitimate public interest that the Taoiseach of the day had received monies from businessmen while he was Minister for Finance in 1993,” she told the Mahon Planning Tribunal.

“I took legal advice as we normally do on any contentious story every night. I decided it was my duty as editor to publish the story, but I regret any offence caused to the tribunal.”

Colm Keena - who wrote the article – refused to answer questions as he said he felt this could identify the source of the story.

Tribunal chairman Judge Alan Mahon said it was a matter of deep regret both witnesses had declined to assist the tribunal.

The tribunal was particularly concerned that the document at the heart of the matter had been destroyed — after a tribunal order was made for its production.

Judge Mahon advised both witnesses they faced fines of €300,000 each and two years’ imprisonment if convicted of obstructing the tribunal.

Adjourning, he said the tribunal would need to consider the matter in some detail and “what further steps it should take having regard to the very serious issues that have been raised”.

Explaining why the story was published, Ms Kennedy said the newspaper became aware, during the story verification process, that Mr Ahern was moving to the High Court to stop the tribunal inquiring into the 1993 payments. She was very concerned the tribunal could have found these payments were outside its terms of reference.

An “unsolicited and anonymous” communication was the basis for the story, the tribunal heard. The newspaper spent two days verifying the accuracy of the story.

The article described how the tribunal, last June, contacted businessman David McKenna about cash payments to Mr Ahern in the early 1990s. The article said The Irish Times had seen the tribunal’s letter.

Ms Kennedy admitted she ordered Mr Keena to destroy any documents related to the Ahern story in his possession, not out of disrespect for the tribunal but to protect journalistic sources. She also accepted she had done so — after taking legal advice — despite receiving an earlier tribunal request to hand over such material.

Mr Keena stood over everything in his article. He felt if he revealed sources or assisted the tribunal in revealing sources he would be in breach of an obligation.

Ms Kennedy denied she had breached any court orders that ban publishing confidential material connected with the tribunal.

After the tribunal, she said she was concerned that if the newspaper did not publish the information it would have never made it into the public domain.