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#DisclosuresTribunal Juno McEnroe, of the Irish Examiner, is now giving evidence
#DisclosuresTribunal Kathleen Leader BL, for the tribunal, is taking JME through his evidence. JME now going through his career to date. He's been in Examiner since 2003. Became Political Correspondent at the Examiner in 2014.
#DisclosuresTribunal Leader going through the correspondence sent to JME by the tribunal after it was set up
#DIsclosuresTribunal sees letter on JME's behalf sent to the tribunal on March 24 2017 said: "Please note that Mr McEnroe believes that he does not have any information relevant to the terms of reference of the tribunal."
#DisclosuresTribunal JME tells tribunal at time the letter was sent, he sought advice and the letter was incorrect. He says he should have sent a letter saying he was invoking privilege and would neither be confirming or denying matters. (Judge throws up his hands)
#DisclosuresTribunal JME s says 'all I can say is that the letter is incorrect and I had sought advice..we were close to deadline....and I regret it was sent' JME says he'd like to correct the record now.
#DisclosuresTribunal Leader says 'words have meaning'
#DisclosuresTribunal Leader goes to document outlining JME's interview with the tribunal's investigators - in which he confirmed the letter previously mentioned (previous tweet) was correct.
#DisclosuresTribunal Leader asks why he didn't correct the tribunal's investigators at that time. JME says again he regret this. Says he should have taken the opportunity. Says he may not have looked at it properly when he met the investigators.I
#DisclosruesTribunal JME says: I suppose if I was aksed: is that still your position, I might say actually no. (Judge puts his hand in the air again). JME ays it was a "rushed judgement"..they were dealing with a deadline..tribunal correspondence had gone to Cork
#DisclosuresTribunal When he was interviewed by investigators if he had any evidence by Callinan/NOS or any senior AGS member of attempt to discredit McCabe: JME said: "No, I am not."
#DIsclosuresTribunal JME says he did NOT include Supt Taylor in his understanding of "senior member of AGS" when asked that question. Today he says: "That is my position, I have no evidence on any of those individuals (Call/NOS) spreading any info of that kind."
#DisclosuresTribunal NOTE: JME has said by "evidence" he means "knowledge"
#DisclosuresTribunal Leader puts it to JME that, by reference to that question, the tribunal can't exclude that he has some knowledge of someone other than Call or NOS (of someone of Asst Comm rank - which is what JME associated with that question) of attempt to discredit McCabe
#DisclosuresTribunal L again: Can the tribunal exclude the possibily by reference to that questoin that you do have some info that a senior member of AGS - leaving out Comm and Asst Comms - attempted to discredit McCabe by ref to an allegation of criminal misconduct.
#DisclosuresTribunal Leader then asks: Do you have any evidence of any member of AGS - including superintendents - of any attempt to discredit McCabe by ref to an allegation of criminal misconduct against him..
#DisclosuresTribunal Leader again: Do you have any information of any attempt by Supt Taylor, in particular, to discredit McCabe by reference to an allegation of criminal misconduct against him?
#DisclosuresTribunal JME says in relation to Supt Taylor: I cannot answer questions in relation to that for fear of maybe disclosing information that could be related to a source or sources.
#DisclosuresTribunal L: Why didn't you simply say that when you were asked by the trib's investigators? That you weren't including Taylor in that? JME:I endeavoured to answer these questions in as candid and clear way as possible..if I didn't elaborate..that's what I'm here to do
#DisclosuresTribunal L: You're saying that's another mistake, omission..JME: No..
L So you thought about that question..JME: I thought about every question.
#DisclosuresTribunal JME: In relation to the allegations that were alleged against McCabe of a sexual nature..chairman I was not aware of those allegations until a much later the point being nobody could have told me these things because I didn't know them.
#DisclosuresTribunal JME is asked when he found out and if it was after July 2014, he said: Yes
#DisclosuresTribunal There's been some back and forth btw judge and JME. Judge putt to JME that he's been playing games and reminds him that he's sworn to tell the truth, the whole truth. JME rejects the claim about 'playing games'
#DisclosuresTribunal JME says he's trying to help the tribunal, Judge: Don't tell me you're being helpful, you're not. After back and forth btw judge and JME"s counsel...Leader moves on
#DisclosuresTribunal Leader has gone through Taylor's evidence in which he claimed he neg briefed Taylor. JME: I'm aware of Taylor's evidence, I cannot go into discussions about sources and that remains my position
#DisclosuresTribunal Judge puts to JME again that if he wasn't aware of the Ms D allegation until July 2014, he couldn't have been negatively briefed by Dave Taylor (DT was moved out of GPO in June 2014).
#DisclosuresTribunal JME says he's not confirming or denying this.
#DisclosuresTribunal JME says he wants to invoke journalistic privilege for his career ahead
#DisclosuresTribunal JME is asked: Is it the case nobody warned you off McCabe before July 2014? JME says he recalls the evening Sgt McCabe went to Leinster House (for PAC meeting in Jan 2014. JME says it was unprecedented moment for him to go before the committee
#DisclosuresTribunal JME says he would have been very active around the committee meeting at that time but he wasn't covering the event.
#DisclosuresTribunal JME: I do remember at that period and at that juncture..this was more gossip, prattle - that someone raised a question mark or doubt around McCabe..I endeavoured to look into that and I was satisfied, as things went forward, that he was a credible person...
#DisclosuresTribunal Leader calls up to articles by McEnroe in which she explains that Taylor has already told the tribunal he was the "senior source" referred to in this…
#DisclosuresTribunal Leader also calls up this article (also about the PAC)…
#DisclosuresTribunal JME says he can't confirm or deny if Taylor was the source.
#DisclosuresTribunal Judge: Here's two articles where senior garda source/sources are quoted and Taylor (who claims to be the source) is saying 'because I was talking to JME and because I was the source of info, this was ideal opportunity to slip in allegation against McCabe'...
#DisclosuresTribunal JME says he didn't, because he wasn't aware of the allegation until much later (July 2014).
#DisclosuresTribunal McGarry, for McCabe, asks JME about what he was told night of McCabe's visit to Leinster House (Jan 2014). JME said it would have been something said to him, it was prattle...somebody was dropping a question mark.. or suggesting McCabe "wasn't to be trusted"
#DisclosuresTribunal McGarry suggests JME is very specific about his confirmation in relation to the allegation of sexual misconduct against McCabe and how he only learned that after Taylor left the press office.
#DisclosuresTribunal JME is asked if he got any info from anybody else about McCabe - other than the sexual allegation. JME: I'd like to not go into the details into could narrow it down..(i.e. sources) Judge to McGarry: What else is there?
#DisclosuresTribunal McGarry points out term of reference A (that says Taylor claims he was to tell media McCabe was motivated by malice and revenge). McGarry says JME "has limited what he said". JME: I'm not limiting..I'm just being specific about that very serious allegation."
#DisclosuresTribunal This is term of ref A
#DisclosuresTribunal John Ferry, counsel for Dave Taylor, raises similar question. JME says when this 'question mark' was relayed to him, he says it was very minimal, it put a doubt over McCabe and there was no detail.
#DisclosuresTribunal JME says that evening in Leinster House (in which McCabe went before a private sitting of PAC), JME says it was a David V Goliath moment when he was up against the "top brass".
#DisclosuresTribunal JME: People were talking about how would this pan out...He might not be trustworthy...that's all I can remember
#DisclosuresTribunal Debate ongoing now about privilege - Alison O'Reilly's counsel asking JME about this. (JME has said he believes it's the right of the journalist to invoke privilege even if sources waive said privilege)
#DisclosuresTribunal JME earlier said that sources are the "bread and butter" of journalists "day in, day out" - from gardai, to lawyers, to politicians to diplomats..Says if journalists don't protect them it's more difficult to get stories
#DisclosuresTribunal AOR's counsel puts to JME: Looking back at what you were told but can't you belive, or accept, that there was a process where Maurice McCabe was being set up in or around early 2014?
#DisclosuresTribunal JME: That's not for me to answer and I didn't have info about any sexual allegation at the time. AOR counsel: Are you saying that of all the contacts you had in An Garda Siochana, they in no way cast aspersion on character of McCabe? JME: I'm not saying it
#DisclosuresTribunal AOR counsel suggests if he doesn't say that, then he might have been part of it. JME is emphatic: I reject that, I reject that.
#DisclosuresTribunal JME's counsel steps in and describes AOR counsel's approach to asking questions of JME as "roving". JME cousel suggests AOR counsel's questioning has strayed beyond an acceptable range and suggests he's engaging in a personal debate with JME
#DisclosuresTribunal Judge says JME doesn't see himself as a patsy to the gardai. JME says he's not willing to discuss his sources but he utterly rejects the suggestion he colluded with AGS.
#DisclosuresTribunal In response to question from Noel Whelan, for AGS, JME confirms person who put question mark over McCabe in Jan 2014 was likely to be person in pol circles as oppose to AGS circles. JME confirms: I spend most of my life in Leinster House
#DisclosuresTribunal Leader asked JME if - when this occurred in Jan 2014 - might it have been said it to him in the sense that there was no substance to his allegations. JME: It might have been.
#DisclosuresTribunal Cormac O'Keeffe, of the Irish Examiner, is now answering questions. Going through his career: Has worked in RTE, various newspapers, started in Irish Examiner in 2000
#DisclosuresTribunal Patrick Marrinan SC, for tribunal, going through correspondence between O'Keeffe and tribunal
#DisclosuresTribunal Marrinan: Do you believe NOS/Callinan/Taylor's waivers were given voluntarily? After bit of clarification over the questions, O'Keeffe says he's no doubt they were given voluntarily
#DisclosuresTribunal Marrinan: Did you hear any rumours in 2013/2014 about McCabe's character? OK: I'm unable to say or to comment on anything that may or may not identify a source in relation to gossip or half gossip circulating, if that's your question?
#DisclosuresTribunal Marrinan: I'm not asking you to reveal a soruce..I'm asking you about your stated knowlege in 2013 or 2014 about McCabe? OK: I'm unable to comment on anything that may or may not identify a source
#DisclosuresTribunal Judge tells OK Marrinan isn't sneaky and he says there seems to be a fear of a trap door. Judge says Marrinan is only asking about his knowledge, not sources.
#DisclosuresTribunal OK says anything he may have heard, rumours, half-snatches of info, it could have been in Feb/March/April/May 2014. Asked what he heard, OK says it's very hard to remember..
#DisclosuresTribunal OK: "I don't remember clearly what I heard..I do remember an allegation of sex abuse being mentioned. When I initially wasn't in relation to a was in relation to sexual abuse allegation's possible I may have heard it in 2013"
#DisclosuresTribunal OK: "..but I didn't really start covering this story until Feb 2014 [after PAC]" Marrinan: Did you hear this only once? OK: Yes. Marrinan: Did you hear this from other journalists? OK: Yes it would have been.
#DisclosuresTribunal Marrinan: Did you hear it from people other than journalists? OK: I can't comment (because of journalistic privilege)
#DisclosuresTribunal [There's been debate on mourn privilege]
#DisclosuresTribunal Marrinan shows how, when OK met the tribunal's investigators, he repeated his position that he couldn't comment (when asked questions) for journalistic privilege reasons. [NOTE: OK, and Juno McEnroe DID confirm to the tribunal their phone numbers]
#DisclosuresTribunal Marrinan asks if he was ever negatively briefed by Noirin O'Sullivan? OK says his same response applies (i.e. he can't comment for journalist privilege reasons). Asked if he was neg briefed by Martin Callinan? OK says the same position applies
#DisclosuresTribunal Marrinan and OK now discussing privilege. Marrinan: Where the ID of the source is known, confirming the ID of the source doesn't reveal the ID of the source? OK: I can't comment on anything if something will confirm someone is or isn't a source.
#DisclosuresTribunal Marrinan: You're not revealing the ID of a source, what you're objecting to is confirming the ID of the source.
#DisclosuresTribunal OK has told the tribunal that one aspect of privilege is that the journalist is not to say anything that would identify who may or may not be a source. OK says other aspect is to protect the flow of information between source and journalist
#DisclosuresTribunal Marrinan asking OK under what circumstances journalistic privilege should not be invoked. OK: I don't know is my honest answer. Judge says there's no circumstance on Earth where someone being asked questions just says 'privilege' and the court says 'fine'
#DisclosuresTribunal OK is asked if he sees it as an absolute rule (journalistic privilege), OK doesn't agree with this but says any action of a journalist seen to confirm ID of a source, I think it has unforeseen the flow of information
#DIsclosuresTribunal Marrinan puts to OK that Supt Taylor is in jeopardy of being condemned a liar if he (and other journalists) don't come forward.
#DisclosuresTribunal OK is emphatic he has "nothing to hide". "I've done nothing wrong". OK says it's the principle of journalistic privilege that's at stake.
#DisclosuresTribunal Marrinan to OK: Your position is that you're refused to answer any questions on basis of journalistic privilege that I asked you re: Callinan, NOS and Taylor (and alleged attempts to discredit McCabe). Is that right. OK: That's correct, yes
#DisclosuresTribunal Marrinan: And it goes further because even if you got information from a member of AGS, you're not going to answer that? OK: I can't answer those questions
#DisclosuresTribunal Judge asks OK: Would I be wrong to take an inference that Martin Callinan never said anything to you - good, bad or indifferent? OK says there's a danger that if you confirm someone is NOT a source, you may narrow down info to ID someone who IS a source
#DisclosuresTribunal Judge tells tribunal of a situation he was in in the Law Library (he's perviously told the tribunal this story). In the past, as a criminal barrister, he was working on was a case about a financial scandal re: money off shore.
#DisclosuresTribunal Judge said one day a rumour was repeated in LL that a partic person was on the list of people who had these accounts. Judge said person named wasn't on the list and judge said he informed person saying the rumour: 'I have the list, that person is not on it'
#DisclosuresTribunal Judge says after he said this, the rumour "absolutely ceased" Judge: I was telling the truth..other people said 'you broke professional privilege'...I wasn't ..this person was not a client of mine..but horrible things were being said about them.
#DisclosuresTribunal Judge asked OK if he believed he [Judge Charleton] was wrong to do that? OK: Well I wouldn't make that judgement of you. OK suggests another solicitor might have come to him and asked if they were on the list, then another.
#DisclosuresTribunal Judge compared the rumour to a fire starting to spread on the hill, subject to weather condiciotns, and said it could have led to serious consequences. Judge also adds there was no way he'd confirm someone was ON the list
#DisclosuresTribunal Judge also says he was acting for the "miscreants" so none of their solicitors would have come to him.
#DisclosuresTribunal Judge says he's not trying to personalise matters and it's not about him, he just thought the story might be helpful
#DisclosuresTribunal Following further questions from the judge about his communications/non-communications with NOS or Callinan, OK says he cannot comment on anyone who may or may not be a source.
#DisclosuresTribunal Judge asks OK if he heard rumours about McCabe before Callinan resigned (March 24, 2014). OK has said he's not sure - thinks it could have been Feb/March/April/May 2014
#DisclosuresTribunal Judge: I take it your reaction was to be very cautious. Did you check it out? I don't want to know your sources? OK: I did but I can't give you an indication as to when or what exact steps I took over time.
#DisclosuresTribunal Judge: You could have asked Mick Clifford (Examiner colleague) OK: I don't know if I checked it with MIck at the time
#DisclosuresTribunal Judge: I'm not asking who you checked it with but do you remeber who you checked it with? OK: Not clearly... I believe my position from the start was: this is not something I am going to follow
#DisclosuresTribunal OK: It's one of the worst conceivable allegations made against somebody. Do you ring the person and put it to them? Do you circulate it by checking it with somene? From the get go..I felt this was not something I was going to pursue
#DisclosuresTribunal Judge asks OK how long it took him to reach that position. OK thinks it was before May 2014 but he can't be sure
#DisclosuresTribunal Judge: Evidence I have from Taylor is as soon as Martin Callinan resigned that was the end of any campaign that he alleges he was running. Judge to OK: Do you think you checked it out before MC resigned? OK: That would tend to make sense but I can't confirm
#DisclosuresTribunal Judge: You're taking the view that you can't actually say 'this never happened to me' (i.e. he was negatively briefed). OK: That's certainly my evidence
#DisclosuresTribunal Judge: Taylor said he came to you and said 'be careful about this fella', he's embittered....what would you have done in event someone did say that to you? OK: I'd be sceptical from outset, partic given nature of allegations. That would be my starting point
#DisclosuresTribunal Judge: There are some circumstances in life where it's right to use the phrase 'I'm literally lost for words'...or would you engage? OK: Speaking hypothetically..our training is to ask questions...we don't necessarily go along with everything we're told..
#DisclosuresTribunal OK says as a journalist, at foremost in your mind at all times is 'is there something to be published out of this? and there's massive demands on a journalist's time. But one main aspect is: is this something that can be remotely publishable.
#DisclosuresTribunal Judge says there are other questions, like the wealth of Charlie Haughey which didn't published until a tribunal looked at it. Judge says some might ask: why is this story floating around?
#DisclosuresTribunal OK says his colleague Mick Clifford was leading the stories on McCabe and was exploring all of these avenues and more
#DisclosuresTribunal Ferry, for Taylor, to OK: My instructions are you were a journalist who was neg briefed in early 2014 and you were briefed that he was motivated by maliciousness and revenge against the gardai. OK: I'm unable to say anything that may or may not ID a source
#DisclosuresTribunal John Fitzgerald, for An Garda Siochana, puts to OK: In circumstances where you won't say one way or the other whether NOS/Callinan briefed you negatively agains McCabe, do you understand the unfairness to them - by refusing to answer that question?
#DisclosuresTribunal OK: I can understand hypothetically that argument but if you have a position that may or may not ID a source, you can't cherry pick that has to be consistent to all all parties. Otherwise, you're narrowing it down.
#DisclosuresTribunal Fitzgerald: Your refusal is very, very unfair...OK: I feel I'm unable to add to what my position is
#DisclosuresTribunal Judge steps in and says given what he's been told re: relationship between OK and NOS and MC - I regard it as "not conceivable" that they neg briefed OK.
#DisclosuresTribunal Marrinan: This may be difficut but do you belive you have any info that would impact on the workings of the but you feel constrained to assist the tirbunal because of the structure of journalistic privilege?
#DisclosuresTribunal OK: If I understand your question correctly, I don't see how I can answer that question without contradicting previous answers
#DisclosuresTribunal Marrinan: This isn't going to reveal a source, I'm just talking in the round. The problem we have is a number of journalists claimed privilege and then abandoned it circumstances where it turned out they had no info to give the tirbunal at all
#DisclosuresTribunal Marrinan: So it would appear - and indeed one accepted that the claim of privilege was made on a point of principle - so I don't know if you've fallen into that category (claiming privilege out of principle) as u can't envisage any exception to the rule...
#DisclosuresTribunal [cntd] Marrinan:... or if there a genuine reason? OK: My position is one of principle and I'd like to say I have done nothing wrong, I've never written anything wrong, I never proposed doing anything but my overriding concerns is not to endanger flow of info
#DisclosuresTribunal Marrinan: Do you belive you have information that would impact on workings of tirbunal? [info] that you feel obliged to claim journalistic privilege? OK: I do feel obliged to claim journalistic privilege...
#DisclosuresTribunal Marrinan: But in circumstances other than you have information to give to the tribunal? OK: I'm unable to answer that because my obligation is to protect journalistic privilege
#DisclosuresTribunal Marrinan: Can we exclude you're taking privilege as matter of course? OK says he's not doing something out of a matter of course. OK says he's attended the tribunal, says this is a considered position..repeats it's obligation of journalists to protect sources
#DisclosuresTribunal Daniel McConnell, of Irish Examiner, is now answering questions. He's political editor in IE. He worked in INM during period of time relevant to tribunal.
#DisclosuresTribunal McC tells tribunal that he and Cormac O'Keeffe (previous witness) would have very similar views re: the principle of journalists protecting sources
#DisclosuresTribunal Leader, for tribunal, now going through Dave Taylor's waiver. Leader asks McConnell if he accepts Taylor's waiver was voluntary? McC says he does, no reason to think it wasn't.
#DisclosuresTribunal Leader going through Taylor's evidence about McConnell. Taylor said he's clear he negatively briefed McConnell on the phone in/or around the time of the PAC meetings in 2014. Taylor said: "It could have been a couple of engagements"
#DisclosuresTribunal Asked what he has to say about that, McC tells Leader that, as he said in his statement, he can't confirm or deny - because of journalistic privilege
#DisclosuresTribunal Leader says in view of fact Taylor has waived privilege, he's asked people to come forward, he's said he did something wrong, does that in any way change McC's attitude. McConnell: No because he has to protect sources and protect principal of gathering info
#DisclosuresTribunal Leader: Let's take Taylor out of equation. What if source X gives you info, source X says 'I was doing something wrong', I am waiving protection in relation to info...and I'm saying that publicatlly...does that source need protection?
#DisclosuresTribunal (Leader repeats the question) McConnell: Yes I think source X would need protection.
#DisclosuresTribunal Leader points out there are 12,000-plus gardai in Ireland.
#DisclosuresTribunal McC says that he doesn't want to be in a position, in the future, whereby it would be said that McConnell, when under pressure, is someone who will "sing like a canary". McC says he's not trying to frustrate the tribunal but he has journalistic obligations
#DisclosuresTribunal McConnell says, in run up to PAC meeting, there was "journalistic chatter" and a conflation of issues. He ays there was criticism of PAC - that it shouldn't be bringing McCabe before it. But he says there was vague chatter about McCabe.
#DisclosuresTribunal McConnell says he can't put any specifics about what was being said. It was very low level, says it was inconsequential, says he didn't look at it, says it was so vague
#DisclosuresTribunal McConnell says when he saw Paul Williams' article on April 12, 2014 - he assumed it was involved Sgt McCabe
#DisclosuresTribunal McConnell says he's never met Martin Callinan, says he's met NOS few occasions on her way in/out of committee meetings. McConnell says his conversations with NOS didn't go beyond chit-chat
#DisclosuresTribunal McC says he had limited dealings with Taylor. Said when he was chief correspondent in Sunday Independent, he would have had to confirm matters with him. But says when he went into political reporting, it was very limited. McC: We would never have been friends
#DisclosuresTribunal Taylor's phone billing records show McC and Taylor had 4 calls and 1 text between Feb 5 and May 28 2014. Calls: Feb 2 (5 seconds); March 9 (1.55min); May 1 (59 secs) and May 28 (1 second). Text on March 4.
#DisclosuresTribunal Ferry, for Taylor, says Taylor is in a very vulnerable position. Ferry: The chips are all on the table for Taylor and he's identified journalists and I put it to you, you were negatively briefed.
#DisclosuresTribunal McConnell: I'm just not in a postion to get into discussing what may or may not have happened, that may or not may reveal source...Ferry said it's his instructions that the neg briefing would have been around time of the PAC hearings
#DisclosuresTribunal McConnell tells judge he was taken aback when he learned he was on Taylor's list (of journs he claims he neg briefed) McC: But it's his prerogative. Judge: It's not his prerogative to say something that's not true. McC: I mean it was his action not mine.
#DisclosuresTribunal Judge asks was Taylor wrong to put him on his list. McConnell says that was a "nice try" by the judge but he can't be drawn on that.
#DisclosuresTribunal Judge asks about what he said he was told at time of PAC. McConnell said "certainly stuff was being said for purpose of attacking McCabe and his credibility as a witness" before PAC.
#DisclosuresTribunal Judge has put following to McC (having previously put it to OK). Judge says if his report comes out and he gets it wrong, he puts to McC: You're not in a position to say that man's [Judge] an idiot..because I was approached by gardai...
#DisclosuresTribunal McC: It's unfathomable I'd write an article like that. He says if he had info for tribunal he'd give it.
#DisclosuresTribunal Dearbhail McDonald is giving evidence. She says she was asked by Stephen Rae to "fact check" and "stress test" legally and factually story by Paul Williams on March 14, 2014. Says she also watched video Williams had made with Ms D.
#DisclosuresTribunal McDonald said she was given the "material' earlier in the week. Says she wrote up a memo after considering this. Said she first watched the video on her own - says she's a journalist over 15 years experience.
#DisclosuresTribunal She said it was a discrete task and she had no interaction with it after writing her memo and giving her notes. She said she went back to the Criminal Courts of Justice after that.
#DisclosuresTribunal McDonald says she had never knowledge or sight of an anonymous poisonous letter which was sent to INM until the tribunal showed it to her.
#DisclosuresTribunal Ferry asking McDonald questions. Ferry: As part of your stress testing, had you an information as to what PW had done? McD: No, I never had any discussion with Paul about that..I was bought in as an independent person and just asked for my view
#DisclosuresTribunal Alison O'Reilly's counsel asking McD about the video. McD says Stephen Rae and Ian Mallon were with her when she watched the video. Asked if it's normal to video i/vees...MCD: It wouldn't be unusual to have i/v in a number of different formats (audio & video)
#DisclosuresTribunal To Micheal O'HIggins, for AGS, McDonald: What I would have been doing (when looking at PW's article and video) if this went to court, how would we be able to stand it up?That's the kind of advices I gave
#DisclosuresTribunal OH puts to McD she was in process of PW's article. MCD says she's not going to get into specifics of her advice to Sephen Rae, says editor's decision is final but she says she advised against publication. She says, due to her advice/roles McCabe was protected
#DisclosuresTribunal OH recalls how tribunal heard last summer (when PW gave evidence) it was said to be "profoundly unfair" PW never contacted McCabe. McD says: I've no knowledge on that - of what company otherwise terms of liaising with McCabe or any relevant parties
#DisclosuresTribunal Asked by the judge if the article she examined and advised upon was "radically changed" by time article was published. McD says, for reasons of confidentiality, she doesn't want to go into specifics but it was different.
#DisclosuresTribunal In regards to her advice that PW's article shouldn't be published, McD said she just believed, overall, that it wasn't advisable at the time.
#DisclosuresTribunal Ian Mallon, former operations ed at INM, giving evidence.
#DisclosuresTribunal Asked he first heard of Ms D allegation, Mallon: Sometime early in 2014 - through an allegation made by an alleged victim of sex assault that there was garda impropriety in her case and Paul Williams was reporter in contact with her family, family went to him
#DisclosuresTribunal Leader recalls evidence of Anne Harris. Her evidence is that around the time of an article in Sunday Independent in May 2013 - by Philip Ryan - that she first heard about an allegation against McCabe.
#DisclosuresTribunal Mallon doesn't believe he was aware back then. Mallon points to his statement which says he first became aware in March 2014 - because of PW article
#DisclosuresTribunal [Harris said she heard in INM that freelancer twice said to her in 2013 about allegation against McCabe] Leader puts to Mallon: Do yo think you heard allegation a garda sgt had assaulted a child in 2013?. Mallon: I don't think so, I don't know
#DisclosuresTribunal Mallon: My role in any big news story, as group news editor, I compiled the news list, any list of stories of the day or week, then it's decided which way they would go - Sindo, Indo or Herald..and then it'd be up to individual editor to decide what to print
#DisclosuresTribunal At this time, Anne Harris was Sindo editor, Claire Grady was
Indo editor. Mallon says he can't recall meetings about PW article, says he'd have drifted in and out of lot of meetings. Says he can't recall discussing article with Grady or watching the video
#DisclosuresTribunal Asked if he discussed the video with either Alison O'Reilly or Debbie McCann, he said no.
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