RTE `scathing' of independent radio

RTE took "understandable pleasure" at Century Radio's inability to attract its top stars, the tribunal heard.

RTE took "understandable pleasure" at Century Radio's inability to attract its top stars, the tribunal heard.

Mr Sean Connolly, former secretary of the Independent Radio and Television Commission, said RTE co-operated officially but on another level it could be "scathing" about independent radio and what it would do.

He told Mr John Fox, counsel for Mr Ray Burke, that the commission had a "total anxiety" to get Century on the air. It was clear that Century had reached "the end of the line" in its negotiations on transmission charges.

In February 1989 the IRTC's chairman, Mr Justice Henchy, wrote to Mr Burke enclosing a letter from Century seeking a directive from the Minister to reduce the charges.

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Mr Connolly said this letter amounted to a referral of the matter to the minister. While it was not a direct request for a directive, it was apparent that the minister and his Department treated it as such.

The witness said he was not aware of any unwarranted intervention or inducements in the case of Century's application for a licence, as had been alleged. He had heard rumours of this but there was no evidence. "I certainly wasn't aware of any inducements or of any commission member being approached," he said.

Mr Burke had a "deep interest" in the matter and brought forward legislation on commercial radio quickly, unlike previous governments.

Asked if he was aware of an allegation that broadcasting licences could be obtained by paying money, he said he had heard this rumour some years after the first licences were awarded. He was not aware of any member of the commission or its staff receiving a payment. The process of awarding a licence was a robust one, and no favouritism whatsoever was shown.

Earlier, Mr Burke's legal team asked for the current chief executive of the IRTC, Mr Michael O'Keeffe, to be recalled to the witness box.

Mr Aidan Walsh SC, for Mr Burke, said Mr O'Keeffe's revised statement had not been circulated to Mr Burke's solicitor by the time the witness's cross-examination was completed last week. This was an oversight but, as there were "material differences" between the revised statement and a draft statement, he needed to cross-examine Mr O'Keeffe on these matters.

Mr Des O'Neill SC, for the tribunal, said the matter was the subject of correspondence. The tribunal had asked Mr Burke's lawyers to set out in detail whether there were appreciable differences between the two statements. Mr Justice Flood said he would study the correspondence before deciding on the matter.

Paul Cullen

Paul Cullen

Paul Cullen is Health Editor of The Irish Times