A member of the Independent Radio and Television Commission, Dr Colum Kenny, yesterday in the High Court rejected suggestions of inconsistencies between affidavits sworn by him and the IRTC chief executive, Mr Michael O'Keeffe, in legal proceedings challenging the commission's decision to award the "youth" radio licence for Dublin to Spin FM.
Storm FM, a consortium which includes Dublin night-club operator Mr John Reynolds, pop group promoter Mr Louis Walsh, and U2's The Edge, is seeking an order quashing the proposed award of the licence to the Spin consortium, whose backers include businessman Mr Denis O'Brien. Storm claims there was apparent or objective bias on the part of Dr Kenny against Mr John Reynolds. It also alleges unfair procedures in the decision to award the licence. Dr Kenny and the IRTC have denied the claims.
On the second day of the hearing, Mr Colm Allen SC, for Storm FM, applied to cross-examine Dr Kenny. Counsel said he wanted to examine Dr Kenny briefly about the circumstances surrounding certain statements by Mr O'Keeffe in an affidavit sworn last January. He said there was a "multiplicity of contradictions" between that affidavit and one sworn by Dr Kenny last March.
Mr Michael Cush SC, for the IRTC, opposed the application to cross-examine. He said there were no inconsistencies between the two affidavits, although that of Mr O'Keeffe might be incomplete.
After further legal submissions, Mr Justice O Caoimh said he would allow the cross-examination within parameters stated by Mr Allen. Mr Allen referred to part of the affidavit in which Mr O'Keeffe said that: "Dr Kenny informs me that, in order to get a feel for the reality of the drugs culture before making his decision on the present [licence] application process, he visited members of An Garda Siochana for a general discussion about drugs and about drugs in night-clubs. I say that in the course of this general discussion, Dr Kenny made a single reference to John Reynolds in the context of the POD night-club, the Harcourt Street premises which housed the POD and had been identified by Storm FM as the consortium's address and its principal place of business.
"This premises had been referred to in a court report in The Irish Times relating to the prosecution of persons for drug offences. I say that the members of the Garda Siochana with whom Dr Kenny was in discussion fully endorsed the manner in which Mr Reynolds carried on his business at the POD. I say that none of the members of the commission or the executive of the commission were aware of Dr Kenny's intended visit to the Garda Siochana. I say that after his visit to the Garda, Dr Kenny did not raise the matter at any meeting of the commission or with the executive."
Dr Kenny said he had no disagreement with Mr O'Keeffe about the affidavit. Mr Allen put it to him that portion of Mr O'Keeffe's affidavit was in conflict with part of Dr Kenny's affidavit. Counsel then read a portion of the latter's affidavit.
In the extract, Dr Kenny said there were certain aspects of Storm FM's licence application - dealing with an IRTC question about how the consortium would deal with the issue of substance abuse - which appeared to him not to tally exactly with the information he had received from the Garda. He said the Storm document referred to Det Insp. Brian Sutton being the head of the National Drugs Unit when Det Chief Supt Ted Murphy occupied that position.
Dr Kenny also said in his affidavit that the Storm document referred to the POD having received a clean bill of health when his information was that gardai continued to monitor the POD in the same way that the gardai monitor all night-clubs. Dr Kenny said he had telephoned Det Chief Supt Murphy, who had confirmed to him that no night-club received a clean bill of health as such from the National Drugs Unit and also indicated "that the systems of control which were in place in the POD, and which were endorsed by the Garda, were the result of ongoing communication between Mr Reynolds and the Garda which had been initiated by the Garda".
Dr Kenny disagreed that this portion of his affidavit was not consistent with that of Mr O'Keeffe. He had no interest in the personal situation of Mr Reynolds.
The hearing continues today.