JUDGMENT was reserved yesterday in a High Court action in which Radio Limerick One is challenging the decision by the Independent Radio and Television Commission to withdraw its licence.
The action, which began last Thursday before Mr Justice Smyth, follows a breakdown in the settlement of the dispute between the two parties last month.
During cross examination yesterday by Mr Gerard Hogan, counsel for the radio station, the chief executive of the IRTC, Mr Michael O'Keeffe, rejected the allegation that the IRTC's decision to terminate the station's licence was prompted by bias.
Mr O'Keeffe described the decision by the station to edit out a report by a former employee, Ms Eileen Brophy, in February, 1995, as very serious.
Mr Hogan put it to Mr O'Keeffe that one of the reasons why this "Brophy incident" was regarded so seriously by the IRTC was the fact that it involved one of its members.
Mr O'Keeffe rejected the suggestion, saying if it had been done to another journalist he would have taken action against the station.
The IRTC served notice on the station of the termination of its licence on February 16th last. It alleged there had been 17 breaches of its contract under the Radio and Television Act 1988.
On March 3rd last, Mr Justice McCracken granted an order restraining the termination of the licence pending the High Court proceedings.
The station argued that the decision by the IRTC was unreasonable in law and was prompted by bias. Both allegations were denied by the IRTC.
Mr O'Keeffe said that while he viewed the editing out of Ms Brophy's report in February, 1995, as one of the more serious breaches of the station's contract, the most serious breach related toe the refusal by the station to allow the IRTC investigate its financial affairs.
Asked by Mr Hogan if he had received a complaint from Ms Brophy in relation to the editing out of her report by the station, Mr O'Keeffe said he had not.
When he spoke to Ms Brophy she communicated her concern about the matter to him. He had, however, already decided to take action and had written to the station requesting a recording of the bulletin.
Mr O'Keeffe said the IRTC had sought but had not got assurances from the station that there would be no further editing of news bulletins.