Irish Times public affairs correspondent Colm Keena told the Mahon tribunal this morning he was unable to give the source of a leak revealing it was investigating payments to Taoiseach Bertie Ahern because he did not want to compromise journalistic sources.
Mr Keena told the tribunal in Dublin Castle this morning he could not divulge the origin of documents that led to a front page article on September 21st revealing the tribunal was investigating a number of payments to Mr Ahern in or around December 1993, including cash payments.
Under questioning from Desmond O'Neill, SC for the tribunal, Mr Keena said he could not reveal how he received information contained in a letter from the tribunal to businessman David McKenna sent on June 29th this year.
Mr McKenna is one of a group of 12 businessmen who made payments totalling £38,500 to Mr Ahern in 1993 and 1994.
Mr Keena confirmed he had seen the contents of the letter to Mr McKenna and that he stood over his story.
"I feel that if I assist tribunal I will be in breach of my obligations not to reveal my source," Mr Keena said.
Irish Times editor Geraldine Kennedy also faced questions from tribunal lawyers. She admitted destroying documents received by The Irish Times concerning payments to Mr Ahern following an order of discovery by the tribunal last week.
"I made the only decision I could to protect journalistic sources. Providing the documents would assist you in identifying sources," she told the tribunal.
Ms Kennedy said the content of Mr Keena's article had been "thoroughly verified", and she defended its publication as a matter of public interest.
She said she had the utmost respect for the workings of the tribunal and regretted any offence caused by the article's publication.
But she remarked on the irony of the fact that the Mahon, Moriarty and McCracken tribunals would not have been set up without newspaper leaks.
Earlier the tribunal heard the contents of a letter sent by Ms Kennedy to the tribunal defending her decision to publish the article.
"The circumstances of the matter are straightforward," she wrote. "The Irish Times received an unsolicited and anonymous communication that I considered important in the public interest for this newspaper to verify and publish."
This was a "vital issue of public interest" that Ms Kennedy said she had a duty to publish.
Earlier, counsel for The Irish Times Eoin McGonigal SC said the issue related to journalistic privilege. The newspaper's stance was that in fulfilling its duties under the freedom of expression, it should never reveal its sources.
He added that the newspaper had destroyed all documentation referring to the source of the leak.
Mr Justice Mahon said the revelation that documents were destroyed was "something we have to take very seriously".
Mr Justice Mahon adjourned the tribunal until 2pm on Wednesday when he make further comment on the issue.
The Irish Times was backed by the National Newspapers of Ireland and the National Union of Journalists (NUJ).
Seamus Dooley, NUJ Irish secretary said: "The Irish Times has acted in the public interest. Ms Kennedy and Mr Keena had no option but to refuse to answer questions about their source. In her exercise of editorial judgement the editor of The Irish Times had to take into account the significant public interest attaching to the information released to the newspaper".
