Mahon to seek order for Times’s sources

THE Mahon Tribunal is to seek a High Court order to compel Irish Times editor Geraldine Kennedy and staff journalist Colm Keena to reveal the sources behind their story which revealed that Taoiseach Bertie Ahern received payments from businessmen when he was Minister for Finance in 1993.

A week ago, the two journalists refused to answer questions that could identify the sources behind the story — entitled Tribunal Examines Payment to Taoiseach — published on September 21.

Ms Kennedy admitted she ordered documents to be destroyed to protect journalistic sources. She did so after receiving legal advice and being ordered by the tribunal to hand over documents.

The High Court order sought by Judge Mahon would summons Ms Kennedy and Mr Keena to reappear before the tribunal,to impart the information it seeks – the sources of the leak.

Judge Mahon explained that failure to comply with a High Court order could constitute contempt of court.

Ms Kennedy and Mr Keena could face fines of €300,000 and two years’ imprisonment for publishing the leaked information.

Some 40 journalists from the Irish Times packed the public gallery to hear Judge Alan Mahon deliver his eight-page ruling, which included his decision to seek the High Court order. Also present was Seamus Dooley, Irish head of the National Union of Journalists.

Judge Mahon invited any person with information that might suggest the tribunal leaked confidential information to contact him. He gave an assurance to fully investigate the matter, as part of the ongoing inquiry into the leak to the Irish Times.

Speaking to journalists outside the tribunal, Ms Kennedy said: “I don’t want to say anything now that will jeopardise the position.

“I made my position quite clear last week — that we published the story in the public interest, and we are obliged to protect our sources.”

Asked whether she had expected the ruling, she said: “I was not sure; I am not a lawyer and I was not sure what the tribunal would decide. My lawyers are studying the ruling.”

Judge Mahon said: “The tribunal is conscious of the fact that public disclosure of private matters can be a source of needless public speculation and possibly could he damaging to parties who are identified with the inquiry.

“The tribunal is consequently mindful of the need to keep its documents confidential to the tribunal and to the recipient of such documents.

“Given the nature of the subject matter of this inquiry the contents of all such documents have the capacity to be newsworthy,” he added.