The editor of The Irish Times, Geraldine 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 Bertie 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.
Substantial replying affidavits from Ms Kennedy and journalist Colm Keena, who wrote the article, were filed yesterday in the action by the Mahon tribunal to compel both journalists to disclose their sources.
The proceedings arise from an article published in The Irish Timeson September 21st, 2006, entitled: "Tribunal examines payments to Taoiseach." It quoted the contents of a letter written on behalf of the Mahon 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.
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.
Ms Kennedy said in her affidavit that when making that decision to publish, 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 the grounds that those payments related to private matters outside the tribunal's remit. This meant the facts of the payments might never enter the public domain.
She said 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 was now Taoiseach of this State.
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 was "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.
In her affidavit, Ms Kennedy said the tribunal was not entitled to such orders on several grounds, including the right to freedom of expression, the right of the media to scrutinise and criticise government policy and the right of the public to know about matters of local, national and international importance, a right which depended on journalistic disclosure of information sometimes secreted from public scrutiny.
"The core function of journalism is to provide the raw material of democratic choice and the information on which a healthy democracy can be based," she said.
The formation of public opinion "is the material of everyday democracy" which hinged on the right of journalists to make the information public and to protect their sources in doing so.
Failure to protect sources "in such a high-profile controversy" as this would "strongly discourage further disclosure to newspapers of information of significant and legitimate public interest".
"I believe such a development would be to the detriment of journalism, public life and the constitutional democracy of this country," she said. Were she to identify or assist in identifying the source of the information, this would have "a devastating effect on my standing as a journalist and newspaper editor and on my ability to pursue my chosen profession".
Eoin McGonigal SC, for the journalists, said his side's affidavits would be filed yesterday and given to the tribunal side, which wanted two weeks to consider them.
The sides would then inform the court how long the case would take and confirm the substantial issues arising.
