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Human Rights in Ireland
Indymedia Ireland is a volunteer-run non-commercial open publishing website for local and international news, opinion & analysis, press releases and events. Its main objective is to enable the public to participate in reporting and analysis of the news and other important events and aspects of our daily lives and thereby give a voice to people.

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Kennedy and Keena to go to High Court over Bertie Leak

category dublin | rights, freedoms and repression | news report author Thursday October 05, 2006 16:37author by Chris Murray - The Unmanageables Report this post to the editors

Mahon Wants to Compel Them to Divulge their Source

Ms Geraldine Kennedy and Mr Colm Keena are to appear before the
High Court to divulge the source of the Leak which led to 'Bertiegate'.
The story published on 21st September 2006, led to the endless
political Machiavellianism with which we are all familiar, which handed
the moral perogative to prop the Government to Mr Mc Dowell -An Tanaiste.

The last time a tribunal compelled someone to divulge source led too to
the High Court in the Notorious Howlin Case, wherein Brendan Howlin
TD was 'compelled' by the Morris Tribunal to divulge his source on the
Mc Brearty Case. I was in the Court that sad day, when the concept
of TD privilege was dropped and the tribunal's power underscored.
Ms Kennedy stands by her decision to publish in the public interest.

She faces a fine of 300,000 euros and or two years imprisonment if found guilty.

When questioned last week by Justice Mahon she admitted 'on legal advice'
that she had burnt the written evidence and would not divulge her source.
Mr Ahern had suceeded in keeping that node of the tribunal off the front pages
through injunction. Mr Cowen appeared yesterday and it went peachy (by all accounts).

The current Tanaiste and Minister for Justice is drafting laws which will further
hamper the business of newsgathering entitled the Privacy and Defamation Bills.

http://www.indymedia.ie/article/78780

and the defamation section in particular is covered very well in the
Digital Rights Ireland site: http://www.digitalrights.ie/category/defamation

The D.R.I are a lobby group which are attempting to sue the Tanaiste over
the Traffic Data Retention act (which Mary ORourke introduced as part of the
telecommunications directive)

In the scheme of things the Privacy/Defamation Bills would curb journalistic
rights to out the Manchester situation annd introduce a tort wherin imprisonment
and fines would be the net result of certain 'newsgathering'. The dept of Justice
also wants wants to create a statutory press agency-rather than an independent
self-regulating press council.

Ms Kennedy has not yet commented on the Mahon summons or confirmed
whether she will divulge her sources. She maintains that the publication of
Colm Keena's story was in the public interest.
It is not her first time falling foul of a Fianna Fail administration either, she was
bugged by a previous admin , during the Haughey era-leading to the
Doherty-gate scandal and resignation. Doherty always maintained his innocence.

Related Link: http://home.eircom.net/content/ireland.com/breaking/903074?view?Eircomnet
author by Chris Murray - The Unmanageablespublication date Thu Oct 05, 2006 16:49author address author phone Report this post to the editors

http://www.ireland.com

(irish Times site- has an interesting article entitled : Mahon denies Tribunal leaked Ahern Letter!!!!)

unfortunately you have to be a subscriber to access that one.

The link at the end of the above article seems not to be working, so the info on
the summons to Ms kennedy is also available on http://www.ireland.com

The Howlin Case is available in the rte site for January 3rd 2006.

author by Chris Murray - The Unmanageablespublication date Thu Oct 05, 2006 21:24author address author phone Report this post to the editors

The backround to the Morris Tribunal on two gardai behaving 'improperly'
is sourced here: http://www.morristribunal.ie/asp/Narrative.asp?objecID=...ID=43

The Minister for Justice at the time of the revelations was John O Donoghue
(presently Minister for Art and Sport)

author by C murraypublication date Sat Oct 07, 2006 17:10author address author phone Report this post to the editors

Two German documentary makers have been shot today in Afghanistan,
there are few details.

The inquest into John Lloyd's death in Iraq is ongoing, in London.
A witness claims that Lloyd was shot in the collarbone area and was taken to safety,
the witness claimed that John Lloyd was then shot in the head by a US Marine.
The inquest is being covered in the Guardian.

The Reporters Sans Frontieres Site has no update on the treason trial of
Ching Cheong, which if Found gulity Ching faces execution.

The report, video and petition are on this link:

http://www.rsf.org/article.php3?idarticle=18329

and the original report into the beginning of the case is at: http://www.indymedia.ie/article/77929

author by C Murraypublication date Sat Oct 07, 2006 17:21author address author phone Report this post to the editors

Leigh Holmwood who is covering the Inquest into the death of John Lloyd
published today witness statements that John Lloyd ITN was shot in the head by
US Marines whilst en route to a hospital in Iraq.

http://www.guardian.co.uk

its in the MediaGuardian.co.uk section. (7/10/06)

author by Chris Murraypublication date Sun Oct 08, 2006 19:13author address author phone Report this post to the editors

labour Party Justice Spokesperson, Brendan Howlin TD is attempting to block Government
plans to suspend or dissolve tribunal of inquiry. The government plans to introduce a second
stage amendment to 'dissolve or suspend 'a tribunal of inquiry.

Mr Howlin think this is necessarily a bad move against the backround of the recent
'controversy' involving a Taoiseach/Mahon/a leak/an injunction- or in plainspeak
'against the backround of recent controversies'.

The motion will be put before the newly united honeymooners FF/PD who own majority
stakes in making sure that which ever tribunal it does not want to proceed-won't.

Other tribunal controversies involve the Laffoy Commission, wherein Minister Dempsey,
who headed up education at the time of the obstruction was cited in
Ms Justice Laffoy's resignation as obstructing and slowing the work of the
Commission to enquire into child abuse- Mr Dempsey is currently at Marine and Natural Resources
ordering many gardai to Mayo to put down the protest at Bellanboy.

The story is on http://www.ireland.com

author by mac consaidinpublication date Sun Oct 08, 2006 23:47author address author phone Report this post to the editors

Two new Lows in Ireland over past two weeks:

1. Learning that our Taoiseach, who many of us had regarded so highly, had pocketed large sums of money given to him by business men while he was Minister of Finance.

2. Learning that The Editor of the Irish Times deliberately and wilfully destroyed a document to prevent any Court judge from ever having sight of it.

Is anyone in this country straight or honest anymore?

In the Tribunals we heard lots about polititions and officials being the recipients of generous business men, builders and developers. We also heard how often fires broke out in their offices destroying records requested by the tribunal.

This week we learned that these practices go right to the very top of Irish Society.

author by Press Freedom?publication date Fri Dec 08, 2006 10:49author address author phone Report this post to the editors



Ms Geraldine Kennedy was photographed in the presence of the Minister for
Justice and other luminious editors at the launch/publication of the now
truncated Privacy and Defasmation Bill. Indeed she was heard to say that
she supported the Defamation Bill (as do all parties of the 'opposition')
with the understanding that the Privacy bIll was 'shelved'.

The Justice Ministery has not released details of the make up of the Press council,
but it is understood that there will be four permanent members and a nominated
section from outside the 'industry'.

Ms Kennedy has not been given a date to stand before Mahon- in which she
and Keena allegedly leaked the Bertie-Gate story, they then burned the evidence.
this provoked the Bertie -gate crisis in which the moral imperative for propping
the government was handed to the Justice minister. The Dail must be lit like
a Christmas tree- a good woman editor who really pissed off the Taoiseach is
seeming rewarded by the Ministry of Justice by invitation to the Press council.

But at least the 'privacy' section is dropped- afterall minster Mc Dowell was attempting
to criminalise-' certain form s of news-gathering'

as it stands both Kennedy and Keena face a 300,000 euro fine and or imprisonment.

RTE image of Kennedy
RTE image of Kennedy

author by press freedompublication date Fri Dec 08, 2006 12:56author address author phone Report this post to the editors

Ms Kennedy and Mr Keena will appear before the High Court,they have already appeared before
Mahon and refused to disclose the source of the leaks. Indeed Ms Kennedy burnt the
evidence.

FF were 'incandesant' at the Mahon leaks.

and yet- less than two months later, Ms Kennedy is photographed in the presence
of the Justice minister helping to publicise his truncated Privacy and Defamation bill.

It is now just- a defamation bill.

so- When will Kennedy appear before the High Court?

The burning of evidence in relation to another coalition crisis- a crime or journalistic

privilege????????

(details in the above thread)

author by C Murraypublication date Thu Feb 15, 2007 09:50author address author phone Report this post to the editors

Geraldine Kennedy and Colm Keena have been summoned to the High Court.
The Irish Times is leading along with the Minister for Justice who is attempting
to close the Quarryvale module of the Mahon Tribunal- this caused a little
'Rainbow Rebellion'- in the Dail Yesterday.

http://www.ireland.com

author by Divisional Courtpublication date Wed Jul 11, 2007 20:26author address author phone Report this post to the editors


http://www.belfasttelegraph.co.uk/breaking-news/ireland...4.ece
http://en/wikipedia.org/wiki/high-court-(Republic-of-Ireland)

The trial is expected to last eight days. True patrician PD that she is , she will not
resign or take a 'break'. there is no coverage in the Irish Times (unsurprisingly).
This is a criminal case against the editor of a national daily newspaper which provoked
a crisis in Government. The Irish times is leading with the Rachel O Reilly Trial.
Ms Kennedy admitted to burning evidence which led to a split in government
and she says that she must protect her source. The result of the leakage led to
the Tanaiste (Minister Mc Dowell, with 3% of the vote gaining the moral impetus to
lead the government). Ms Kennedy was a TD for the PD party.

author by william considinepublication date Wed Jul 11, 2007 21:31author address author phone Report this post to the editors

Madam editor will certainly live to regret taking her lawyers advice to destroy the documents. Whether or not the three judges make her pay for her action, history will certainly not be kind to her. History is written by historians and historians depend on primary documentory sources. Historians will not be kind to this vandalism.

In deliberately destroying documents to thwart a legal obligation to disclose them to a court, she is no better than those builders who are so prone to office fires that the tribunal could never get their records of payments.

The position of the anonymous lawyer that advised her to destroy the document also raises an ethical question ie Is it proper for servant of the court to advise a person to commit an act which is a blatent contempt of court. The lawyer should be named aswell and should get the full wrath of the court.

I was gazzumped by a rich builder some years ago even after he had used my designs to improve the property. The contracts were signed so I took a case against him but again his solicitor, who is also his business partner, gave him the contracts to destroy them. That was a blatant contempt of court because they had at the time of destruction already been entered as evidence.

This is the kind of company the Irish Times is now keeping. Outside of war time there can be no acceptable reason to deliberately and tactically destroy evidential documents. I hope the High Court judges in this case make that principle absolutely clear.

author by Divisional courtpublication date Thu Jul 12, 2007 11:14author address author phone Report this post to the editors

Madame Editor is under criminal investigation by the Mahon Tribunal and the Divisional
Court, her position as editor of the Irish Times is untenable but like all political criminals
she is going to use her 'Towerblocks of Lawyers' to brazen it out. She destroyed evidence
and provoked a governmental crisis- it was not 'in the national interest' to hand the reins
og Government to Minister Mc Dowell in the Run-up to the general Election. the
Board of the Irish Times should request her resignation until after her criminal trial.
She burnt and destroyed evidence, she had the guts to publish it but not to back up
her insinuations. Journalists in other countries get their legs broken or worse, she
has been a voice-box for the establishment and shown political cowardice.

author by Divisional Courtpublication date Thu Jul 12, 2007 19:58author address author phone Report this post to the editors

Well Tabloid Telly is leading with the domestic contortions of the O Reilly endgame,
the mistress appeared in the witness box in a 'long red skirt and white top'.
no one seems much concerned with the eight day trial of the Irish Times editor who admitted
a criminal charge of destroying evidence to 'protect her source'.
In the period since she burnt the evidence:

1.She was appointed by Michael Mc Dowell to his press council.
2.She handed the impetus of power to the Tanaiste Mc Dowell (3%) to govern
the country.
3. She eschewed the defamation section of the new press regulations promulgated
by Mc Dowell.

This is not a pricipled 'press freedom' thing- she has expensive lawyers and pD contacts all
over the place.

it is not reported today what Ms Kennedy wore to the divisional court or why she burnt
evidence thus committing a criminal act.

author by Divisional Courtpublication date Fri Jul 13, 2007 15:58author address author phone Report this post to the editors

She wore a black tailored and fitted suit on the fourth day of her trial for the criminal
destruction of evidence relating to the Taoiseach's module @ Mahon. However this
is not widely reported as the salacious details of the O Reilly Murder trial are
dominating media- and assuredly providing complexes for the two boys who will in
time be able to google their Mother's death.
If charged with the wilful destruction of evidence which handed the reins of power
to ex-party colleague and Tanaiste Michael mc Dowell, Ms Kennedy faces three years
incarceration and/or a fine of up to 300,000 euros. this does not genearally happen
to I.T editors and thus someone will pay it.

author by Judgement Reservedpublication date Fri Jul 13, 2007 18:20author address author phone Report this post to the editors


http://www.belfasttelegraph.co.uk/breaking-news/ireland...0.ece

The judgement is reserved, the three judges of the divisional court will
issue verdict at a date as yet unannounced- Justice Mahon has issued
a statement assuring the media that he does not seek custodial sentences
for either Kennedy or Keena. The Mahon tribunal moves onto the Celia/Bertie
questioning in the coming weeks. In which the microscopic examination of the
ex-partner of the now Taoiseach will be cross-examined on the witness stand.

...... can't wait!

author by Divisional Courtpublication date Tue Oct 23, 2007 19:43author address author phone Report this post to the editors

Kennedy and Keena are ordered to disclose their source to Mahon or they will be held in contempt.
I.T is featurising. The court described a delicate balance between public confidence in the
Judicial process and public interest (perhaps to do with the timing of the leaks which
effected the balance of power in the Dail , in the run up to the election). The contempt orders
are pretty familiar to those who have fought eco campaigns and also I believe that Liam Lawlor
also came up against contempt and disclosure issues. The Court also alluded to the destruction of
evidence as 'reprehensible'.

Ms Kennedy is currently editor of the I.T and a member of the Press Council.
The judges who had reserved judgement to this day expressed confidence in the naming of the
source who leaked evidence through witness questioning, because the documentary evidence is
now gone.

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