Irish Daily Mail

Tribunal won’t force journalist­s to reveal sources

Reporters are ‘protecting the freedom of the press’

- By Helen Bruce helen.bruce@dailymail.ie

‘Absolutely futile’

‘Not briefed negatively’

NO journalist will be sent to the High Court to force them to reveal their sources as it would be futile and could turn them into martyrs, the chairman of the Disclosure­s Tribunal has ruled.

Mr Justice Peter Charleton had suggested he might have to take drastic steps with journalist­s who would not answer questions about what informatio­n they were given by former Garda press officer Superinten­dent David Taylor.

A number of journalist­s have declined to do so due to the journalist­ic principle of not revealing their sources.

Michael McDowell SC, for whistleblo­wer Sergeant Maurice McCabe, said it would ‘serve no useful purpose’ and would ‘delay completion of the tribunal proceeding­s’.

Judge Charleton said: ‘They [the journalist­s] could take the view that they wish to be conferred with a form of martyrdom. I presume not.

‘But I am convinced that there will be no change, because the manner in which they resisted answering questions indicates to me that it will be absolutely futile.’

The judge had previously invited counsel for all sides to make submission­s on journalist­ic privilege, which is the right to protect a source.

He said the tribunal had otherwise reached the end of a long and arduous process in which it had contacted all 12 journalist­s to whom Mr Taylor alleged he had ‘smeared’ Sergeant McCabe on the instructio­ns of then Garda commission­er Martin Callinan.

He said the tribunal had also contacted every newspaper editor in the country and had written to every senior member of An Garda Síochána. ‘The net effect of it is very simple. The tribunal is attempting to roll a very large stone, it seems to me, up a very large mountain, like Croagh Patrick,’ he said.

He asked if journalist­s who had cited privilege, despite waivers signed by Mr Taylor, Mr Callinan and former Garda commission­er Nóirín O’Sullivan, should be sent to the High Court where orders could be made compelling them to answer the tribunal’s questions.

The tribunal heard that of the 12 journalist­s, eight confirmed they had never been negatively briefed. Four would not say either way.

Judge Charleton said Irish Mail on Sunday crime correspond­ent Debbie McCann was claiming privilege ‘in the strongest possible terms’ and that she was ‘at the centre’ of events as she had visited the home of Ms D, the woman who accused Sergeant McCabe of sexual abuse.

Mr McDowell told the tribunal there was no factual or legal basis for journalist­s to refuse to answer questions relating to Mr Taylor.

He said their position was morally and legally wrong, and that they had a ‘patriotic duty’ to comply with the rules of the tribunal. He said the tribunal was entitled to draw an adverse inference from their refusal to answer – namely that they had been briefed by the press officer.

John Ferry, for Mr Taylor, also said the journalist­s had no legal grounds for their ‘absolutist’ stance due to his client’s waiver. Mr Ferry said the tribunal should infer from their silence that the journalist­s were briefed.

But Mr Fitzgerald, for the gardaí, said the tribunal should infer the journalist­s had not been negatively briefed by Mr Taylor. He said the two former Garda commission­ers had waived their privilege so journalist­s could divulge their conversati­ons and ‘give the lie to the allegation­s against them’.

He said Mr Taylor’s evidence had been ‘utterly devoid of supporting evidence’.

Tom Murphy, for the Irish Daily Mail and Irish Mail on Sunday, said his clients were not ‘grandstand­ing’.

He said the protection of sources went to the core of journalist­ic activity. He said that, given other evidence at the tribunal, there was no justificat­ion in the public interest to override journalist­ic privilege in this case.

Judge Charleton said he would meet his counsel next week to consider if any witnesses need to be recalled.

He said he hopes to take final submission­s next week.

 ?? ?? Ruling: Chairman Peter Charleton
Ruling: Chairman Peter Charleton
 ?? ?? Garda: Sgt McCabe
Garda: Sgt McCabe

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