Evidence to be given on Monday to the Charleton Tribunal by 'Ms D', the woman who made an allegation of child sexual assault against Garda whistleblower Sgt Maurice McCabe, is to be heard in the absence of the public.
"Bona fide" members of the press are to be allowed attend but are being ordered to ensure that they do not publish material that would serve to identify the witness, chairman Mr Justice Peter Charleton ruled.
The same applies to coverage of evidence from members of her close family.
Press photographers and TV crews that attend Dublin Castle for sittings of the tribunal have been told by Mr Justice Charleton to “take the day off”.
He said questions to witnesses should not stray outside the tribunal’s terms of reference but if anything did emerge during the sitting that might infringe of ‘Ms D’s’ privacy, then he would order that such matter would not be reported.
The chairman said the courts have ruled that in cases where circumstances made it difficult for a person to come to court and give evidence, courts needed to mindful of titrating their orders so as to facilitate the role of the press as “watchdog”.
He said the right of the public to attend tribunals was also an important right and that the holding of legal proceedings in private was “an obnoxious aspect of certain regimes that do not follow a Christian and democratic substratum to their proceedings”.
Nevertheless he was going to exclude the public on Monday when ‘Ms D’ and her family were due to give evidence.
Prohibition on photographs
The chairman’s ruling reflected a submission made earlier today by barrister Niall Buckely, for ‘Ms D’ and family members, who asked that their evidence be heard with the public excluded, that there be a prohibition on any photographs being published, and that the press be present but subject to certain restrictions so that the anonymity of ‘Ms D’ and her family was maintained.
He also wanted restrictions on any testimony that might not be relevant to the terms of reference.
The tribunal is investigating allegations that senior Garda management was involved in a smear campaign against Sgt McCabe, including apparent references to an allegation made by ‘Ms D’ in 2006.
It is also investigating how a mistaken version of the allegation against Sgt McCabe came to be made in 2013. No prosecution was ever brought against Sgt McCabe arising out of the 2006 complaint.
Representatives for a number of media outlets, including The Irish Times, RTÉ, The Irish Examiner, Independent News and Media, and Times Ireland, told the tribunal that they had no interest in publishing material that would contribute to identifying Ms D or her family.
Joe O'Malley, solicitor for The Irish Times, said it was his view that this should be the height of the restrictions, and that otherwise the press should be free to attend in the ordinary way and to produce full and accurate reports of the sittings.
Michael McDowell SC, for Sgt McCabe, said some people liked to attend tribunals and he did not see why they should not be allowed attend.
He did not think the presence of “Josephine or Joe Soap” was going to intimidate a witness, when the media was going to be present.
However, Mr Buckley said the members of the public would not be subject to the same undertakings as those given by the press and the same safeguards would not exist.
