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#DisclosuresTribunal has resumed with RTE's Paul Reynolds giving evidence.
#DisclosuresTribunal Yesterday's hearing ended with the tribunal hearing PR's radio reports on RTE on May 2016. Now it's hearing/seeing PR's News at One, Six One and Nine News reports
#DisclosuresTribunal Judge Charleton has reminded everyone of the term of reference that it's currently looking at. (See below) Judge has said this isn't about who is in favour versus who is against Sgt McCabe.
#DisclosuresTribunal This is a section of PR report on News At One
#DisclosuresTribunal This is a section of PR's report on the Six One news (note: Sharon Ni Bheolain asked: "..is this the end of the saga as far as garda failure allegations are concerned?”)
#DisclosuresTribunal Six One news included studio interview with Alan Shatter in which he referred to the leaks of the O'Higgins report "bizarre" and "unfair".
#DisclosuresTribunal [NOTE: For context of PR reports - which repeatedly say O'Higgins found no evidence of "corruption" against ex-Garda Commissioner Martin Callinan - this is what O'Higgins report explained about the word "corruption"]
#DisclosuresTribunal [NOTE: This is what O'Higgins concluded: 1/2]
#DisclosuresTribunal [NOTE: This is what O'Higgins concluded (in respect of Callinan): 2/2]
#DisclosuresTribunal O'Higgins report can be read here justice.ie/en/JELR/Commis…
#DisclosuresTribunal Tribunal has finished hearing PR's TV reports. Kathleen Leader is now reading out Term of Reference K.
#DisclosuresTribunal PR tells Leader: It didn't happen.
#DisclosruesTribunal PR has told tribunal that he got multiple copies of the final O'Higgins report. Asked when he got first, second or last copy. PR: I can't be specific but in the run-up to it...
#DisclosuresTribunal [cntd]...PR: ...you can see in my notes that I've submitted to the tribunal, it was a work in progress...I can't say when I got each copy but I think the reports speak for themselves...Content in the broadcast corresponds with the detail in the report
#DisclosuresTribunal PR says he's not prepared to say when he got copies. He said he spoke to several people. But he said only info he put in reports was info he obtained from the O'Higgins report.
#DisclosuresTribunal Asked if the info he got from people influence his reports, PR categorically says: No
#DisclosuresTribunal Leader asks if PR could show where each line in his broadcasts is written/reference directly in the O'Higgins report. PR says yes but he said he must qualify that..i.e. when he was being interviewed in studio for his opinion, he would have used his own words
#DisclosuresTribunal PR says he felt the allegation of corruption against Martin Callinan was very serious. PR says there were also allegations of corruption against other senior members. PR lists people he says lost their jobs
#DisclosuresTribunal Leader asks PR what he would say to claim he was minimising what went wrong in Cavan and, instead, drew attention to "over exaggeration" line. PR denies this. PR: Garda HQ had absolutely no influence over me. Says he heard NOS was unhappy with the reports
#DisclosuresTribunal PR has said he wasn't working alone and his work was seen by various editors. Leader has asked PR to list names of editors who would have worked with him
#DisclosuresTribunal PR says he submitted his first script to editor Ray Burke on Friday, May 6 [PR's reports were on May 9 and O'Higgins official report was published on May 11]
#DisclosuresTribunal PR says Chief News Editor Ray Buke gave him feedback [PR says John Mooney was first to publish a report on O'Higgins Report in April 2016, followed by RTE's Micheal Lehane]
#DisclosuresTribunal Tribunal sees email from Ray Burke on May 7 - this is first feedback email - "I think your draft is excellent but because it is certain that you and RTE News will be subject to suspicion that we are favouring the Gardai and therefore biased against McCabe.."
#DIsclosuresTribunal [cntd] "I think you should re-write some of the top paragraphs so that they contain the main conclusions (I know these were reported the week before last, but people forget) before returning to Sgt McCabe"
#DisclosuresTribunal PR pays tribute to Burke and said his "antennae were up" and he was right.
#DisclosuresTribunal Burke email shows he suggested the following should be in second par of PR's report: "The report, a copy of which has bee seen by RTE News, found no evidence of corruption but poor management, etc. It also found that former Garda Comm MC who resigned.."
#DisclosuresTribunal [cntd] Burke email: "...controversially after a late-night visit to his home by the Sec Gen of the Dept of Justice was fully entitled to have his reputation vindicated and there was not a scintilla of evidence to Sgt McCabe's claim of corruption"
#DisclosuresTribunal PR wrote back to Burke:
#DisclosuresTribunal Tribunal sees an email from Hilary McGouran to PR in which she told him to be conscious of his tone and delivery. She also wrote: "You don't want to sound pro or anti anyone!!" Asked about this line, PR tells Leader he thought this was good advice.
#DisclosuresTribunal Tribunal sees another email from Burke to PR in which he said: 'On the News At One piece I think we can avoid any accusation of bias if you start it by saying "The O'Higgins Comm has said that former Garda Comm Martin Callinan "is entitled to have..'
#DisclosuresTirbunal [cntd]...'..reputation vindiated" and that allegations made against him by Garda whistleblower Sgt McCabe were "unfounded and deeply hurtful". I think a lead-in like that above does not put the boot into McCabe straight away."
#DisclosuresTribunal PR says he knows exactly what Burke meant - he was conscious of RTE being accused of bias. PR says language use in emails like this are never expected to be "poured over" by lawyers at a tribunal
#DisclosuresTribunal PR: We (as in RTE) have to be conscious to be fair to all parties
#DisclosuresTribunal Sees an emails PR sent to himself in which he made notes. It includes the line "My view - careful?????" PR says this was a warning to himself to be aware. Says he had to be 100% sure he was working on the report
#DisclosuresTribunal PR note to himself included:
#DisclosuresTribunal PR says this was in relation to questions which were "popping" into his mind. Says he was asking himself: "Do we have to look at why he's making these complaints? Things are popping into my mind? Do we have to look at why?..."
#DisclosuresTribunal PR has (again) said in relation to everything in his news reports - he can reference each item to a quote in the O'Higgins report.
#DisclosuresTribunal Now looking at PR's use of word "lie" in his reports. PR was referring to this in O'Higgins report
#DisclosuresTribunal PR says he looked up word "untruth" in two dictionaries and they told him it meant "lie". PR mentions an old catechism. PR: We have to tell people what's in the report and I know this is unpalatable but...
#DisclosuresTribunal PR says use of word 'lie' was approved by Burke, Kevin Bakchurst and the "editorial chain" in RTE. Tribunal now seeing screens of PR and Ray Burke's dictionary.
#DisclosuresTribunal Leader asks PR why he didn't just use the word "untruth" instead of "lie". PR says press releases are full of polite language, he says journalists have duty to tell it like it is and get behind the word and explain it for what it is.
#DisclosuresTribunal [cntd] "That's why I felt we should use the word" PR: It was my decision [to use the word 'lie'] and i was supported...we had a duty to tell the truth.
#DisclosuresTribunal Sean Gillane SC, for RTE, points out that immediately after stating the word 'lie' PR (in his reports) quoted from O'Higgins' report in which O'Higgins used the word "untruth" - so he reported both.
#DisclosuresTribunal [NOTE: Earlier tribal saw this email from Ray Burke after getting a call from Sgt McCabe on morning of May 9, 2016:
#DisclosuresTribunal Leader shows PR what O'Higgins said:
#DisclosuresTribunal Leader suggests what O'Higgins said (in prev tweet) may not have been conveyed in his RTE reports.
#DisclosuresTribunal PR makes a comparison to Marty Morrissey giving a one-minute report on a much longer GAA match. PR: We had to give people a flavour of it...I tried to be as accurate, honest, fair and impartial as I could be...with time available to me..
#DisclosuresTribunal PR: Nobody seems to be happy with the reports. Maurice McCabe wasn't happy, NOS wasn't happy. "So be it."
#DisclosuresTribunal Leader recalls PR's report from Feb 2014 about O'Mahony investigation. Leader suggests his May 2016 report on O'Higgins may echo stance of Feb 2014 report (in which his reports suggested McCabe hadn't cooperated with O'Mahony investigation into pen points)
#DisclosuresTribunal PR sort of laughs and suggests the idea that people who heard him in May 2016 will recall a report he did in Feb 2014 is silly. PR: I dont see it.
#DisclosuresTribunal Judge steps in and says that the question is if one report appears pro-Garda and then another is, the general trend might seem to be that he's putting out pro-Garda reports. Judge is emphatic that this is a QUESTION and not his view
#DisclosuresTribunal PR: First of all, I don't accept that it's pro-garda..I think all the contents of the broadcasts are based on the findings of O'Higgins report. He [O'Higgins] is the person who made these findings and I compiled the reports on this and we just reported that.
#DisclosuresTribunal PR is being asked about the claim in Taylor's protected disclosure in which he claimed that on day Callinan resigned, that Callinan told Taylor to quickly tell Paul Reynolds.
#DisclosuresTribunal PR says he doesn't know anything about contacts between Taylor and Callinan. Asked if Taylor conveyed to him that Callinan had resigned, PR first said he wasn't prepared to comment on that but he confirms he did report on the matter
#DisclosuresTribunal Judge takes issue with PR invoking journalistic privilege - given Taylor was the Press Officer. Judge repeats that Taylor is being accused of lying and he's going to have to go through Taylor's PD line by line to see what's confirmed, denied, etc.
#DisclosuresTribunal Judge says PR is "frankly standing in the way" in relation to that. PR eventually says he's prepared to say "If he [Taylor] says he called me, I'll accept it."
#DisclosuresTribunal Leader drew up this text that the tribunal has previously seen from Callinan's old phone.
#DisclosuresTribunal It's not known who sent this text to Martin Callinan. PR has told the tribunal that it's lazy and unfair to think he's soft on people. Says former Commissioner has previously walked off on him during live interviews.
#DisclosuresTribunal Leader asks PR if he would help out the Commissioner, as alleged in the text. PR: No I wouldn't help him but I'd interview the Comm and I'd ask whatever relevant questions I needed to ask
#DisclosuresTribunal Also sees text from 26/03/2014 at 22.34 sent to Callinan:
"It seem spretty clear to me and it's not right. If you want to set the record straight, let me know, meantime take it easy." Then reply from Callinan to *a* Paul at 22.34: "Thank you Paul"
#DisclosuresTribunal PR says he was probably seeing an interview at the time of these texts - which he seems to accept were likely from him/to him.
#DisclosuresTribunal Leader: In so far as a suggesion can be taken from those few texts and in reation to what Taylor said (in his PD) are you rejecting any suggestion that you were in anyway acting as a media link for the gardai at that time? PR: Totally.
#DisclosuresTribunal Leader has gone through the typed up pages of notes made by Paul Reynolds in April 2016 and May 2016. His April notes include references to the pending O'Higgins report. There are several pages of these notes.
#DisclosuresTribunal One of these notes says:
#DisclosuresTribunal PR says: The person I was talking to told me the allegation in 2006 was investigated locally..that was a mistake, it shouldn't have been investigated by that inspector, an officer from outside should have been appointed...that's what the person told me.
#DisclosuresTribunal Leader: You didn't know that it was the daughter of a guard who made the complaint? PR: I don't think I did know..but I may have known..but again it wasn't a factor...we weren't talking about the victim, or family.
#DisclosuresTribunal PR says his understanding (via whoever spoke to him) was that Michael Clancy had appointed Noel Cunningham [to investigate D allegation]. PR: I may be incorrect but that's my understanding
#DisclosuresTribunal Leader asks PR what D allegation had to do with the O'Higgins Commission of Investigation? PR says: Nothing really...this is the thing that comes up in conversation, we were talking about policing in Baileboro, it would have been a conversation like that...
#DisclosuresTribunal PR said conversation was wideranging and might have gone something like: 'There was a complaint made in 2006 but sure there's nothing in it', 'What do you mean?' 'Allegation of abuse of a minor, but a file went to DPP and ruled no prosecution' 'Oh right, OK'
#DisclosuresTribunal Leader: I suppose what I'm really asking you is: you knew it referred to McCabe. PR: Yes. Leader: Was the info being given to you to explain what happened thereafter (as in McCabe's complaints)? PR: No I don't believe so.
#DisclosuresTribunal Leader: So why were you being told about it? PR: We were just shooting the breeze. Leader: Just that particular piece of information, did it come from Noirin O'Sullivan? PR: No
#DisclosuresTribunal Leader (after going through all of April notes - at which point PR says he doesn't think he had copies of O'Higgins report) says: You're being told by somebody that McCabe wanted out of Baileboro, that he was doing great...
#DisclosuresTribunal [cntd]...for an unknown reason you were being referred to the Ms D complaint, it was a mistake for it to be investigated locally, there's a description of all the crimes, they'd all been investigated and that there hadn't been any corruption or malpractice...
#DisclosuresTribunal [cntd]...and things had been exaggerated [by McCabe], and O'Higgins came to the same conclusions as internal garda investigations and it was all down to junior members, lack of supervision and bad conditions...
#DisclosuresTribunal Leader (after outlining all of the above) says: It *COULD* be said someone was briefing you that nothing was behind McCabe's complaints. PR says he was just shooting the breeze and taking notes. Says if you sit in a court case, you take everything down
#DisclosuresTribunal PR says: I don't see that as a negative briefing.
#DisclosuresTribunal Leader also went through pages of May 2016 notes quickly. One jot said: 'Taping confidential recipient, Alan [Shatter] screwed. Lost his job. Look at all people lost their jobs. Ball of smoke? Ball of smoke"
#DisclosuresTribunal PR says this note was likely of him talking to himself, when he was teasing things out, possible things to look at. He said he can't be 100% sure but he points out these notes are so disjointed.
#DisclosuresTribunal The tribunal has broke for lunch (back at 2.30pm) and Stephen RAE, formerly of INM, will then give evidence. Tribunal heard Rae has availability issue so Paul Reynolds will resume his evidence after Rae.
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