A newspaper group managing director has rejected arguments by the Mahon planning tribunal that an article published by the Sunday Business Post last October contained information confidential to the tribunal.
He also denied that the tribunal is entitled to orders restraining publication of material which it has directed should remain confidential.
Anthony W Dinan, group managing director of Thomas Crosbie Holdings Ltd and a director of Post Publications Ltd, was giving evidence on affidavit at an application by the tribunal for an injunction restraining publication of information or any document which the tribunal has directed should remain confidential. The tribunal says such a restraining order should apply until the information is disclosed at a public hearing or until the tribunal directs the information may be disclosed.
If granted, the injunction will apply not just to the Sunday Business Post but all others aware of the injunction being made.
On December 17th last, the tribunal was granted a temporary injunction preventing the Sunday Business Post from publishing confidential information circulated by it. Journalist Barry O'Kelly, when asked at a public sitting of the tribunal on December 1st to hand over a copy of a statement made to the tribunal, had said he could not do that and he had destroyed the document.
Mr Dinan, in his affidavit, said the decision to destroy certain documents was taken by Mr O'Kelly. As was evident from Mr O'Kelly's evidence to the tribunal, this had been done by him to protect his sources.
The hearing before Mr Justice Peter Kelly continues today.