The Editor of the Irish TimesGeraldine Kennedy has said in High Court documents that 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.
Ms Kennedy said she was satisfied, after a two-day verification process authorised by her, that the facts stated in an Irish Timesarticle last September concerning payments to Mr Ahern in 1993 were true and she had concluded it was her public duty to publish it.
These were "matters of fact and not mere allegations" and the citizens of Ireland were entitled to know them, she said in an affidavit.
When making that decision to publish, she said she was also aware Mr Ahern intended to take High Court proceedings to stop the tribunal from proceeding with its investigation into payments made to him in 1993 on grounds they were outside the tribunal's remit. This meant the payments might never enter the public domain.
No reference was made in the Irish Timesarticle to Mr Ahern's private life and the public interest in publication of the report related to the receipt of cash payments from businessmen by a politician who was then Minister for Finance and is now Taoiseach of this State, she said.
In light of that public interest and on several other grounds, including the right of freedom of expression, Ms Kennedy said the High Court action by the Mahon Tribunal against herself and Irish TimesPublic Affairs Correspondent Colm Keena over the September 21st 2006 article is "misconceived" and "an abuse" of the court's process.
The tribunal has contended the article was based on confidential information which should not have been circulated in advance of any public hearing and is seeking orders compelling disclosure of the sources of the information.
Substantial replying affidavits from Ms Kennedy and Mr Keena were filed yesterday in the action by the Mahon tribunal to compel both journalists to disclose the source of confidential information about the payments to Mr Ahern.
The proceedings arise from an article, written by Mr Keena and published by the Irish Timeson September 21st 2006, under the ehadlinie: "Tribunal examines payments to Taoiseach".
It quoted the contents of a letter written on behalf of the tribunal to a businessman, Mr David McKenna, which the tribunal says was marked "stricly 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 on which the article was based. Ms Kennedy said the letter in question had been destroyed.
The tribunal then initiated High Court proceedings.
Both Ms Kennedy and Mr Keena were in court yesterday when the case was mentioned before the President of the High Court, Mr Justice Richard Johnson, who adjourned it for two weeks.