A journalist apologised to the tribunal yesterday for creating the wrong impression on the Vincent Browne radio show that a tribunal solicitor had discussed with her a matter concerning Mr Ray Burke and others.
Katie Hannon, political correspondent of the Evening Herald, through her solicitor said she was "very, very regretful" at what had happened.
The chairman, Mr Justice Flood, said he unequivocally accepted Ms Hannon's apology. He said: "I think she is a brave young woman to admit a mistake in public." The matter of the radio comments had been raised by Mr Eoin McGonigal SC, for Mr Burke, yesterday morning. He said that the previous night on Tonight with Vincent Browne, Ms Hannon claimed she had been given information as to why Mr James Gogarty had not been asked the names of the councillors allegedly named by Mr (Michael) Bailey by what she termed one of the tribunal's solicitors.
Mr McGonigal said the essence of her remarks was that she had been told that, in relation to Mr Burke, it was possible to stand the allegations up because he received money. But in relation to the others it was hearsay and the investigations were continuing.
Vincent Browne had pointed out that the contents of this alleged conversation were also hearsay as far as Mr Burke was concerned.
Mr McGonigal said, because of the significance and seriousness of what had taken place, he wanted to know the truth of this and if it was true that a solicitor for the tribunal had spoken and also, if true, that prima facie it constituted a leak of a most significant kind.
"The contents of what was said concern me deeply," he said. It would appear that the tribunal was in the possession of evidence not given to him, relating to matters which might or might not concern any alleged improper actions on the part of Mr Burke.
Mr McGonigal referred to what he had said the previous day and said the credibility of the tribunal was at stake. There were a few matters for which the judiciary and the Irish Bar were renowned, the first was independence and the second integrity, he said.
If there was any truth whatsoever in what had been said both principles had roundly and soundly been attacked. Mr Gogarty should be asked to give answers to the two questions he (McGonigal) identified yesterday (in regard to councillors and rezoning).
If any investigations were carried out by the tribunal into those allegations, the first matter would have been to notify those persons identified in the Garda statements of the making of the allegations, so they presumably were on notice of the nature of that evidence.
If they were not, then that itself was a disgrace.
He was asking the chairman to carry out an immediate investigation into the Vincent Browne programme without continuing the tribunal and after he had fully explored the issue then he should recall Mr Gogarty and immediately ask him to give detailed answers to the two questions.
The chairman said he would adjourn for half an hour. When he resumed he said he had taken every step to get a transcript of the radio programme and find out precisely what was said. When he obtained that "I propose to interview the journalist concerned and find out where she said she got it from." She had nominated what could only be one of two people. He had seen these people and made necessary inquiries which clearly indicated they did not say anything, the chairman said. When the tribunal resumed at 2.30 p.m., Mr Simon McAleese, solicitor for Ms Hannon read a statement. He said Ms Hannon had made a comment on the radio show during the course of discussions regarding evidence which might or might not be admissible.
Mr McAleese read out the comment in question from a transcript of the show. Mr McAleese said: "Now I wish to make it perfectly clear to the tribunal that my client did not speak to either of the solicitors to the tribunal yesterday."
Her phraseology was clumsy. She discussed the hearsay rule with other journalists and solicitors at the tribunal. She did not discuss these matters with any member of the tribunal's legal team.
"She wishes to apologise to Ms Mary Cummins and Ms Maire Anne Howard and wishes to apologise to the tribunal and its counsel for creating an incorrect impression," he said. It was entirely unintended.
"My client is here and she is very, very regretful at what has happened," he stated.
The chairman said he had listened to the tape recording and he had had a full explanation from Ms Hannon's solicitor. He said he accepted her explanation. He deeply regretted that she caused herself and others embarrassment. It was clear there was no factual basis for the concerns expressed by Mr McGonigal.