A High Court action over publication by The Irish Timesof an article disclosing that Taoiseach Bertie Ahern received substantial cash payments from businessmen when he was minister for finance in 1993 is expected to be heard in June or July next.
The proceedings brought by the Mahon tribunal against Irish TimesEditor Geraldine Kennedy and Public Affairs Correspondent Colm Keena were briefly mentioned before Mr Justice Vivian Lavan yesterday.
Denis McDonald SC, for the tribunal, said affidavits in the action had closed and the sides were seeking time to complete and exchange legal submissions. Counsel said the tribunal submissions would be handed over by May 3rd next, while the defence submissions would be exchanged by May 24th. It had been agreed the case would be mentioned to the court on May 24th, counsel added. Eoin McGonigal SC, for the defendants, said his side consented to the schedule outlined and the judge adjourned the case to May 24th.
The proceedings are aimed at compelling both journalists to disclose the source of confidential information regarding payments to Mr Ahern and arise from an article, written by Mr Keena and published by The Irish Timeson September 21st, 2006, titled: "Tribunal examines payments to Taoiseach".
The article quoted the contents of a letter written on behalf of the tribunal to a businessman, David McKenna, which the tribunal says was marked "strictly private and confidential".
When summoned before the tribunal on September 26th, both journalists refused to provide documents or answer questions which might identify the source of the information on which the article was based. Ms Kennedy said the letter in question had been destroyed.
In an affidavit in the case, Ms Kennedy has said it is "a matter of legitimate and significant public and political interest" that the Taoiseach received substantial cash payments from businessmen when he was minister for finance in 1993. These were "matters of fact and not mere allegations" and the citizens of Ireland were entitled to know them, she said.
On that and other grounds, the tribunal action was misconceived and an abuse of the court's process, she said.