‘If A Referral To The High Court Is Made…’


Supreme Court judge Peter Charleton

The Disclosures Tribunal will resume on Thursday.

It’s examining allegations of a smear campaign against Sgt Maurice McCabe, as alleged by the former head of the Garda Press Office Supt Dave Taylor.

The tribunal will sit from 10am to 4pm on Thursday with the following witnesses scheduled:

John Barrett, head of human resources at An Garda Síochána; Niamh O’Connor, RTE; Tom Donnelly, RTE; editor of the Irish Mirror, John Kierans; retired superintendent John McCann; Fergus O’Shea, formerly of the Irish Sun; Independents 4 Change TD Clare Daly; Independents 4 Change TD; Mick Wallace, Cathal McMahon, formerly of the Irish Mirror; and Tom Brady, of security correspondent at the Irish Independent.

On Friday, the tribunal will sit from 9am until 12.45pm when it is scheduled to hear from witnesses not heard on Thursday and Robert Cox, news editor at the Irish Mail on Sunday.

According to the tribunal’s website, Judge Peter Charleton will hear submissions on journalistic privilege after the aforementioned witnesses give evidence so they will be heard on Friday and Saturday, from 10am.

The website states:

Submissions on journalistic privilege will commence directly after the completion of evidence. The Sole member in exercising his powers of case management as a High Court judge, has directed that no oral submission is to exceed 30 minutes. No written submissions are sought, but a short speaking note, not exceeding 5,000 words, that may be used or handed in on the day.

The website adds that any remaining witnesses may be heard next Monday, Wednesday, Thursday and Friday between 10am and 4pm.

It says:

If a referral to the High Court is made, the tribunal will adjourn appropriately with no known recommencement date. If a referral is not made, final submissions will be taken during this week in accordance with the time sought by parties, with flexibility allowed as reasonable. Submissions if desired are to the tribunal and can be a speaking note used or handed in on the day, as in the taking of submissions previously.”

Previously: A New Disclosure

Disclosures Tribunal


4 thoughts on “‘If A Referral To The High Court Is Made…’

  1. Cu Cullan

    The evidence is so strong he’s now begging for a HC referral so he won’t have to finish. Unbelievable.

    1. theo kretschmar schuldorff

      That’s not how I read it.. I think he might be suggesting that he himself may refer the idea of journalistic privilege to the High Court.
      So many journalists are hiding behind it (and it is not enshrined in law) – to the point of blocking the tribunal – that he may wish to probe whether he can find a few in contempt until tongues are loosened, and memories jogged.

      Potentially ballsey move?

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