The Planning Tribunal chaired by Mr Justice Flood has called in the Garda to investigate newspaper leaks of confidential documents relating to its work. Mr Justice Flood is also seeking written undertakings from the main daily and Sunday newspapers that they will not publish any confidential material provided to or circulated by the tribunal.
Mr Justice Flood has set the newspapers a deadline of 12 noon today to comply with his request. If they fail to do so, he has indicated he may seek a High Court order restraining them from publishing confidential material relating to the tribunal.
The penalty for a journalist or any other person who is judged to have obstructed or hindered the tribunal in its work is a fine of up to £10,000 or two years in jail, or both. A letter written on behalf of the tribunal chairman to the newspapers makes specific reference to these punishments.
The Garda investigation into the leaks started in the past few days, and follows complaints by the former minister for foreign affairs, Mr Ray Burke, and a number of builders who are the subject of allegations relating to planning corruption.
They argued that the flow of newspaper leaks was interfering with their ability to work with the tribunal. Lawyers claimed their clients were afraid to provide any further confidential material to the tribunal, for fear it will be leaked. Lawyers for Mr Burke indicated their future participation in the tribunal could depend on how it dealt with the issue of leaks.
A Garda spokesman said last night it was investigating allegations of offences under Section 3 of the Tribunal of Inquiry (Evidence) (Amendment) Act, 1979. This is the section which provides for fines and terms of imprisonment for anyone who obstructs or hinders the work of the tribunal.
The decision to call in the Garda follows an attempt by the tribunal to deal with the matter directly. A number of journalists were requested to meet tribunal lawyers after stories appeared under their name.
They include Mr Jody Corcoran of the Sunday Independent, which last month published extensive extracts from the affidavit filed by Mr James Gogarty, the retired building firm executive who is the tribunal's main witness.
The publication of this document prompted the Government to express concern that such leaks could undermine the tribunal. Mr Gogarty's former employer, Joseph Murphy Structural Engineering, and another builder against whom he has made allegations, Mr Michael Bailey, both called for an immediate Garda investigation into the matter.
It is understood Mr Corcoran was unable to help the tribunal with its investigations, and cited the journalists' right to protect their sources. The tribunal wrote subsequently seeking a copy of the affidavit which was in the possession of the newspaper, but this request was not complied with.
The tribunal could sit in Dublin Castle today if any of the newspapers indicate a wish to make oral submissions to the chairman.
Mr Gogarty, who is 81, is due to become the first witness to take the stand at a public sitting of the tribunal scheduled for January 12th.
The tribunal was set up to investigate allegations of corruption relating to planning matters in north county Dublin. Its investigations have since been widened to include allegations about payments to politicians.
It was established over a year ago following revelations that Mr Burke received £30,000 in cash from JMSE in 1989. Last June, the terms of reference were changed after it was discovered that Mr Burke had received a second payment of £30,000 from Rennicks Ltd, a subsidiary of the Fitzwilton Group.
