July date set for tribunal case against 'Irish Times'

Important issues relating to press freedom are expected to dominate the hearing in July of a High Court action over publication by The Irish Times of an article disclosing that Taoiseach Bertie Ahern received substantial cash payments from businessmen when minister for finance in 1993.

The president of the High Court, Mr Justice Richard Johnson, yesterday provisionally fixed July 10th as the date for hearing of the proceedings brought by the Mahon tribunal against The Irish Timeseditor Geraldine Kennedy and Public Affairs Correspondent Colm Keena. The case is expected to last up to eight days and will be mentioned again on June 6th next before the court president to finalise the hearing date.

During a brief mention of the matter yesterday, Mr Denis McDonald SC for the tribunal, told Mr Justice Johnson that legal submissions had been exchanged between the sides.

He said The Irish Timesside was to deliver a further affidavit and the tribunal might need to reply to that. However, none of that should interfere with a date being fixed, counsel added.

Mr Eoin McGonigal SC for The Irish Times, said his side was ready for hearing on any date. Mr Justice Johnson proposed that the case be heard on July 10th and said he was anxious that it finish before the end of that court term, July 31st.

Mr McDonald said that July 17th might be more suitable but added that he was in the court's hands.

Mr Justice Johnson said he would provisionally fix it for July 10th but the matter could be mentioned on June 6th if there was a problem with the date.

The proceedings are aimed at compelling both journalists to disclose the source of confidential information regarding payments to Mr Ahern and arise from an article, written by Mr Keena and published by The Irish Timeson September 21st, 2006, entitled: "Tribunal examines payments to Taoiseach".

The article quoted the contents of a letter written on behalf of the tribunal to a businessman, Mr David McKenna, which the tribunal says was marked "strictly private and confidential".

When summoned before the tribunal on September 26th, both journalists refused to provide documents or answer questions which might identify the source on which the article was based. Ms Kennedy said the letter in question had been destroyed.

In an affidavit, Ms Kennedy has said it is "a matter of legitimate and significant public and political interest" that the Taoiseach received substantial cash payments from businessmen when he was minister for finance. These were "matters of fact and not mere allegations" and the citizens of Ireland were entitled to know them, she said. On that and other grounds, the tribunal action was misconceived and an abuse of the court's process, she said.