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Watertight Times plays it cool in game of leak and destroy
Michael Clifford



ANYBODY got a number for a plumber? This shindig already has Paddy the Plasterer, and if you're stuck for a painter, Ivor Callely will sort you out. But what we really need now is a plumber, preferably one whose speciality is sinister leaks.

On Friday, the Mahon tribunal began investigating that leak. Some naughty boy or girl has been responsible for divulging confidential tribunal information about Bertie and his 12 generous apostles.

The detail ended up on the front page of the Irish Times and kicked off the current political crisis. The story's author, Colm Keena, and the paper's editor, Geraldine Kennedy, were called to explain themselves on Friday morning.

For once, witnesses were entering the door of the tribunal having descended from the high moral ground. The pair may have been on the wrong side of the law, but only because in relation to journalistic sources the law is a dysfunctional ass. For the journalists, this hearing could technically be the first on the road to the slammer.

Before calling evidence, tribunal chairman Alan Mahon read out the law pertaining to co-operation with the tribunal. He knew this pair were going to be trouble, maybe as bad as the late Liam Lawlor. Different motives and manners, same attitude to co-operation.

Tribunal lawyer Des O'Neill set out the background of the story, relating in unlawyerly language that the article in question could be classified as a "scoop."

Keena was called first. O'Neill started bringing him through the research for the story. Keena had quoted from a letter directed at David McKenna, one of the apostles. O'Neill wanted to know whether the letter had distinguishing features. Keena moved cautiously with him as far as he could before encountering rough terrain.

What became obvious early on was that the tribunal members and lawyers were aware they might as well look up every tree in north Dublin as get any change out of the journalists. The source was anonymous, so the focus of O'Neill's examination was an attempt to eliminate the tribunal itself as the source. For the last week, senior ministers have been lambasting the inquiry as the presumed source of the leak that did down poor oul' Bertie. The tribunal bods are not best pleased. But Keena couldn't help them. He wasn't prepared to narrow down the pool of sources.

After a while, he'd play ball no more.

"I've no desire to be in this position or to be disrespectful to the tribunal, " he said. "I wish to assist."

That was too much for chairman Mahon. "You're doing the opposite. You might desist from saying that [you're trying to assist].

You're refusing to answer questions." Keena hung his head and hung tough.

In the course of the hearing, a letter was produced. It was a copy of one written to Kennedy from the tribunal on 22 September, the day after the story broke. It was marked "private and confidential, " and "for the eyes of the addressee only."

Now, you might think a highly classified document like this would be hand-delivered. Instead, it was faxed to the Irish Times newsroom, where upwards of maybe a hundred journalists would have had direct access to it. Leaks? If letters are dispatched to witnesses, or the offices of legal representatives, in this manner, the wonder is information isn't being sieved out on a daily basis.

Kennedy was in and out quicker than Keena. She also got read the riot act, or, more specifically, the law relating to non-co-operation.

Sorry, can't help you, she told them.

An important principle was at stake. If the paper hadn't published, the public might never have got to learn of Bertie's apostles, and it was only correct that they did.

She confirmed that she had instructed Keena to destroy the documentation after the tribunal contacted her. This was another first. A witness coming into the tribunal and merrily admitting to destroying documents. We've had fires, floods, runaway lawyers and terrible record-keeping, but never a witness 'fessing up to doing the deed in the full command of their faculties.

At the conclusion, Mahon said he will issue a statement next Wednesday, when the pair might learn their fate. They're not out of the slammer yet, but the smart money says the paper will be slapped with a fine at the most.

That plumber? Tell him there's a start going in Dublin Castle on lawyers' wages. That'll get things motoring.




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