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#DisclosuresTribunal Paul Reynolds, of RTE, has resumed giving evidence
#DislcosuresTribunal Michael McDowell SC, for Sgt McCabe starts to say: "Chairman, Noel Whelan made an intervention yesterday..." But there's no Garda legal representative here
#DisclosuresTribunal [NOTE: Yesterday Noel Whelan, for AGS, asked if Sgt McCabe was still maintaining the allegation about RTE's reports on the O'Higgins' Commission of Investigation on May 9, 2016 - that NOS was the source for them - given the person who alleges telling him...]
#DisclosuresTribunal [cntd...SORRY - given the person who Sgt McCabe alleges told him this - John Barrett, head of AGS human resources - denies saying this]
#DisclosuresTribunal Patrick Marrinan SC, for the tribunal, says he's received word that the Garda legal team will be five minutes late. Judge Charleton has adjourned the hearing to allow Garda legal team to arrive.
#DisclosuresTribunal McDowell: Yesterday Mr Whelan said it might shorten matters if Sgt McCabe were to indicate whether he's withdrawing the suggestion that NOS had orchestrated the RTE coverage. Sgt McCabe isn't in a position to withdraw anything.
#DisclosuresTribunal [cntd] McDowell: He has faithfully reported what he was told by Mr Barrett. It's up to this tribunal to ascertain whether his acccount of what Mr Barrett told him is correct. He's not withdrawing his testimony.
#DisclosuresTribunal McD now asking Paul Reynolds questions.
#DIsclosuresTribunal McD goes to Paul Reynolds' notes of May 2016 where it says: "Truthful to the commission in his evidence - he lied to a Snr Officer (lied). McD asks if this is something he was told or a reflection on his part. PR: That was a reflection on what I was reading.
#DisclosuresTribunal MCD: I'm curious, this is your term and you decided it unprompted by anyone else? PR: Yes. I used the word lie.
#DisclosuresTribunal MCD points to another note where it says "Found False Report Untruth" PR confirms he noted it twice in these notes. PR: I saw it as a significant issue.
#DisclosuresTribunal MCD You never said 'on many occasions the commission had to deal with issues where Sgt McCabe had to give evidence contrary to that of other Garda witnesses and on each and every occasion McCabe's evidence was preferred over others' statements.
#DisclosuresTribunal PR: It was 360-page report....I looked at it in the round..tried to be balanced and include the positive and not so positive. MCD: But by zeroing in on 'untruth' paragraph and by never referring to the fact that McCabe's evidence had been preferred..
#DIsclosuresTribunal MCD (cntd) contrary statements made by other gardai....makes him appear to be an unreliable person. PR disagrees with this. Says he wasn't..and says he added the line that O'HIggins found that McCabe was "never less that truthful"
#DisclosuresTribunal MCD points out the first line of Paul Reynolds' original draft report on O'Higgins report was: "The O'Higgins Commission of Investigation found McCabe did not withdraw an allegation of corruption against Martin Callinan despite being invited to do so."
#DisclosuresTribunal McDowell puts to PR that he did intend "to put the boot" into Sgt McCabe. PR denies this.
#DisclosuresTribunal McD asks PR what he intended to ask Sgt McCabe when he called him at around 10pm on a Sunday night ( May 8, 2014 - eve of his reports) what he intended to do?
#DisclosuresTribunal PR: I was going to present the text to him and ask for his answers..I was going to give him opportunity to respond...MCD points out McCabe was a serving member of An Garda Siochana and he was under a duty of confidentiality to the O'Higgins Comm of Invest
#DisclosuresTribunal PR: But he was also a serving member of AGS who issued press releases and was giving interviews to journalists. MCD: You were invited him to breach the confidentiality of O'H Comm. PR: Ah no, no..
#DisclsoruesTribual MCD says PR's effort to call McCabe was "entirely fanciful and going through the motions". PR rejects this and says RTE is only news org in Ireland which is regulated by statute. PR: I have a statute responsibility to report in a fair and impartial manner.
#DisclosuresTribunal MCD again puts to PR he didn't highlight the number of times Sgt McCabe's version of events was taken as correct over the evidence of other gardai who testified against him.
#DisclosuresTribunal MCD points out PR reported on RTE that at least 19 times claims Sgt McCabe made against Supt Clancy were inaccurate. MCD: You were adding them up. PR: I didn't write the report. I reported on the report.
#DisclosuresTribunal MCD asks PR if he heard Philip Boucher Hayes's report on O'Higgins on eve of May 9. PR didn't. MCD: His analysis and his reportage was far more balanced and fair than your output. PR says if MCD wants to say PBH is a better journalist than him, that's fine
#DisclosuresTribunal MCD says he wouldn't do that. PR: Everyone is entitled to their opinion..
#DisclosuresTribunal MCD recalls what PR said yesterday about a moment in toilets of Leinster House when he says Martin Callinan shook his head and indicated regret over his "disgusting" remark. See here:
#DIslcosuresTribunal MCD suggests that given previous evidence from other witnesses about Callinan's attitude to his "disgusting" remark, this exchange with PR indicates Callinan was different with PR. MCD says it suggests that Callinan trusted PR. PR: It was a human moment
#DisclosuresTribunal MCD raises this text sent to Callinan (it's not known who sent it to him but would appear to be some advisor..)
#DisclosuresTribunal PR repeats what he said yesterday that it's a lazy assumption to think he would give a soft interview to a Garda Commissioner, etc.
#DisclosuresTribunal PR was asked about his feelings two days after Callinan stood down in respect of this text exchange
#DisclosuresTribunal PR: What was going through my mind (at this time) was: wouldn't it be great to get an interview with the former Garda Commissioner [Callinan]. Wouldn't that be a great scoop?
#DisclosuresTribunal MCD asking PR about his reports in February 2014 - in which he reported on Callinan's direction given to McCabe in December 2012 about the Asst Comm John O'Mahoney investigation into penalty points.
#DisclosuresTribunal MCD says PR's report which said McCabe was "directed to cooperate" was a distortion of what actually happened. Here is what McCabe was told:
#DisclosuresTribunal Yesterday PR said he had sight of the doc. MCD asks PR if he was shown the doc or if he was given the doc. PR said: I'm only prepared to say I had sight of it. PR (after back and forth w/ judge) says: I was looking at a copy of it when I wrote the first draft
#DisclosuresTribunal There's a lot of debate over meaning of the document read out to McCabe in December 2012. Judge steps in: I see a very different situation emerge, if someone says, 'if you wish to eat any further meals, you can do so in the canteen' - as opposed to 'you...
#DisclosuresTribunal [cntd] ' will eat all other meals in the canteen'. Judge says one is an option and one is a direction. Judge says PR's report in Feb 2014 SEEMS to say Sgt McCabe was told he must actually go to O'Mahoney and tell him what he knows. On the other hand...
#DisclosuresTribunal [cntd] ... the document seems to say 'you definitely have to stop accessing PULSE but in the event you've got anything else to say, then the place to go is John O'Mahoney, not your lawyers, not anybody else'.
#DisclosuresTribunal Judge: The way it comes over in your report is that it wasn't an option but a direct order - such as 'turn up tomorrow and wear your full uniform'
#DIsclosuresTribunal PR: My position is that AGS is a disciplined force, Garda Comm does not give sergeants options when he sents them a piece of headed paper...This direction was read out 3 times to Sgt MCabe in full by his line manager..and 3 more times by the Chief Supt...
#DIsclosuresTribunal [cntd] PR: The Chief Supt said to him "this is a direction". PR: That's six times McCabe has been informed..this is not an/my opinion..I'm citing fact..I don't have an opinion on it at all.
#DisclosuresTribunal MCD points out PR is basing this on a transcript that was given to Prime Time (AFTER his own reports). PR: My position is I think it's perfectly legitimate for me to report this as a direction as said in the document..
#DisclosuresTribnal MCD: Your reportage was based on gardai of various ranks... you were taking the line the [O'Higgins] report was bad news for McCabe and it was fair to put the boot into him.
#DisclosuresTribunal PR: I reject that, I reject that totally. PR says emails tribunal has seen (between him and his editors before his reports were published/broadcast) supports view RTE wanted to be fair to McCabe
#DisclosuresTribunal MCD put to PR that his reports indicate a "deep prejudice against Sgt McCabe". PR: That's in no way consistent of how I behave. I report the facts. MCD: It's indicative in your reports. PR: I report the facts impartially.
#DisclosuresTribunal Supt Dave Taylor's counsel makes reference to "Nothing to see Here" in Naked Gun
#DisclosuresTribunal PR says he was never negatively briefed about Sgt McCabe - by anyone.
#DisclosuresTribunal Taylor's counsel says given PR knew of allegation against McCabe (from 2013 which he heard in context of penalty points), and that he is "the news man in this country", it's "unrealistic that that was the end of it" and that he wouldn't make any more queries
#DisclosuresTribunal PR repeats there was no circulation, he says people knew about the allegation - he mentions Conor Lally, of The Irish Times and Michael O'Tool, of the Irish Daily Star. "Once we knew the facts in relation to it, that was the end of it"
#DisclosuresTribunal Taylor calls up previous evidence given by PR - in which he said it would have been impossible for Taylor to neg brief him at a crime scene. This is what PR said:
#DIsclosuresTribunal Taylor's counsel says crime scenes would not be that chaotic and journalists would have to hang around waiting for gardai to speak to them and points out PR has talked about "shooting the breeze" with ppl.
#DisclosuresTribunal [It's Taylor's evidence he would have slipped neg info about McCabe at crime scenes, etc]
#DisclosuresTribunal PR indicates its incredulous to think that he, Conor Lally and Michael O'Toole (who are on Taylor's list) wouldn't have said to each other: 'Did he [Taylor] say that to you? Why is he saying that?'.
#DisclosuresTribunal PR also says he would have asked Taylor 'why are you saying this? McCabe was exonerated'
#DisclosuresTribunal Judge confirms PR's position with him - that if Taylor neg briefed him about McCabe, PR says 1) it didn't happen, 2) he'd have queried it and 3) he'd have talked about it.
#DisclosuresTribunal After questions from Taylor as to what info was given to PR by Taylor, judge steps in and explains the point being put to PR is he could be seen as a preferential candidate for info from AGS and, as a consequence, this could indicate he would get neg brief
#DisclosuresTribunal PR: I don't think one truth validates a lie. Judge asks what he means - PR says just because a person says one thing that's true [i.e. that Taylor DID give him something], doesn't mean that everything else is true
#DisclosuresTribunal After more qs from Taylor's counsel, Judge teases out counsel's question: You've taken the view AGS is a disciplined organisation...Taylor is saying he was given an order (to neg brief about McCabe). Therefore it's highly likey he did it & he did it to you
#DisclosuresTribunal PR: He didn't. It didn't happen.
#DisclosuresTribunal [NOTE: Colum Kenny who alleges Paul Reynolds told him in early 2014 that McCabe was BEING investigated for child abuse, wasn't represented when he gave evidence and he isn't represented here today. PR denies the allegation]
#DisclosuresTribunal Alison O'Reilly's counsel is asking PR questions. AOR counsel says not everyone understands the term 'negatively briefed' in the same way. Asking PR what he thinks, PR: Making derogatory comments, poisonous comments on a consistent basis
#DisclosuresTribunal PR: You wouldn't get that information [that there was a claim, investigation and DPP ruled against] officially. If you get it unofficially - that there was no case to answer - no I don't regard that as a negative briefing because the person was exonerated
#DisclosuresTribunal While being questioned by Noel Whelan, for gardai, PR says last night, PR considered what the judge said yesterday in relation to calumny V detraction. See here:
#DisclosuresTribunal PR: People who talked to me about this [Ms D allegation]. They weren't talking about child abuse...they were talking about police procedures. I got no detail in relation ot the allegation. I just got the fact there was an allegation.
#DisclosuresTribunal Noel Whelan, for gardai, refers to PR's report from Feb 2014 about Sgt McCabe and the John O'Mahoney internal penalty point investigation.
#DisclosuresTribunal PR says nobody "darkly spun" that story to him. Says it was based on sight of the direction to McCabe and his understanding of crime, security and disciplinary sources
#DisclosuresTribunal Whelan points out PR's report was only online and it might have been on a radio bulletin. But it wasn't on RTE television. Whelan points out that Prime Time led with Sgt McCabe's view on what PR reported earlier.
#DisclosuresTribunal Whelan refers to the details Katie Hannon reported on Prime Time and the differences btw her report and PR's report. Whelan puts to PR that he would have inserted what she reported [on Prime Time] in his online article - had he received it earlier. PR agrees.
#DisclosuresTribunal Whelan refers to one of PR's notes (ahead of his reports on the O'Higgins Commission of Investigation) which included: "Initial complaint", mentioned 2 gardai "working in same station" and "boss down the corridor asked to investigate it".
#DisclsouresTribunal PR repeats that this wasn't a note of a conversation about child abuse, it was about policing procedures
#DisclosuresTribunal Whelan draws up Protected Disclosure of Sgt Maurice McCabe in which he mentioned "disgraceful series of broadcast on RTE on 9th May 2016 purporting to leak an account of the unpublished O'Higgins Comm Report in which I was branded as a liar and irresponsible"
#DisclosuresTribunal Whelan reads on: "I am now satisfied, on impeccable authority that those RTE broadcasts were planned and orchestrated by the Commissioner NOS personally using briefing material prepared at Garda HQ"
#DisclosuresTribunal Whelan calls it a conspiracy theory that NOS would have had involvement [NOTE: Tribunal has been told McCabe heard this about Garda HQ from John Barrett]
#DisclosuresTribunal Paul Reynolds: "I was not involved in any conspiracy, that's clearly untrue."
#DisclosuresTribunal Whelan raises the term of reference that the tribunal is currently looking at: NW claims Oireachtas has set this term or reference based on the "assumption" that PR branded Sgt McCabe 'a liar and responsible'
#DisclosuresTribunal Sean Gillane SC, for RTE, now questioning Paul Reynolds. PR tells Gillane that the notes of April and May 2016 - in relation to his reports on O'Higgins reports - are bits and bobs, scraps, streams of consciousness
#DisclosuresTribunal PR confirms to Gillane that some of his notes were literally written on the back of an envelope.
#DisclosuresTribunal Gillane puts to PR RTE were behind the curve at the time of the O'Higgins reports. PR: We mightn't have been the first, we were the most comprehensive..." Gillane explains there were previous reports by others including John Mooney of the Sunday Times
#DisclosuresTribunal PR confirms to Gillane that Noirin O'Sullivan had no hand, act or part in even a syllable he uttered in his reports.
#DIsclosuresTribunal PR confirms to Gillane that PR never explicitly called McCabe a "liar" in his reports on O'Higgins on May 9, 2016, and he never used the word "irresponsible" in the same.
#DisclosuresTribunal Gillane recalls the claim made to PR by McDowell that he [PR] had a "deep prejudice against Sgt McCabe". PR says this is not true. PR says out of 400 TV reports but him, six were about McCabe.
#DisclosuresTribunal PR is asked about the poison pen letter which the tribunal has heard was sent to both RTE and INM in February 2014. It's referred to as the "fox trot" letter.
#DisclosuresTribunal Judge asks for part of the poison pen letter to be put on the screen. As this happens, PR says that Anne Doyle, former Six One presenter, used to get 50 letters a week from farmers who wanted to marry her
#DisclosuresTribunal Judge tells PR he doesn't think that's a good comparison. He said there's a big difference between a farmer telling Anne Doyle she's beautiful and they want to marry her - compared to what's in the poison letter. Judge tells PR to let him ask the questions
#DisclosuresTribunal Judge says the Fox Trot letter is a good example of calumny - wrong and untrue. Judge reads out bits of the letter. PR says first time he saw that letter was via the tribunal
#DisclosuresTribunal Judge then asks PR: How do you feel you about Supt Taylor nominating you as being one of people he claims to have neg briefed? PR: "I resent it. I was shocked by it. I can't undersand how he would say that. I don't know why. And I deeply, deeply resent it."
#DisclosuresTribunal Judge then refers to the previous evidence of an academic [Colum Kenny] who told the tribunal that Reynolds was one of two security correspondents who told him Sgt McCabe was being investigated for child abuse in early 2014 (PR denies this claim)
#DisclosuresTribunal Asked how he feel about the claim made by Colum Kenny, Paul Reynolds says: "I feel very, very annoyed about that and I resent that too."
#DisclosuresTribunal Hearing to resume at 1.30pm.
#DisclosuresTribunal Claire Grady, formerly of INM, is now giving evidence. Grady wold have been editor of Irish Independent when Paul Williams' articles were published in April/May 2014. She was editor from August 2013 to August 2014.
#DisclosuresTribunal Grady says she knows Stephen Rae said yesterday there were six meetings about PW articles. She says she wouldn't have been at all those meetings. She says after first meeting she knew it couldn't run so Dearbhail McDonald and Paul Williams did further checks
#DisclosuresTribunal Grady said she wouldn't have heard any allegation [Ms D] covered in PW story prior to seeing PW's story. Grady said there would have been chit chat "this man has a gudge", that sort of general thing
#DisclosuresTribunal Patrick Marrinan SC, for tribunal, says her statement suggests she had suspicions about PW story - as she said that it was maybe "convenient" for senior gardai that this cropped up after Callinan's appearance in PAC.
#DisclosuresTribunal Also in Grady's statement: "I believed that the publication of this story in which Sgt McCabe was not identified would not contribute in any way to impugning his character in the public eye."
#DisclosuresTribunal Marrinan: IN any event, after it having been stress tested, it was decided to publish the article and it was published. Grady: Correct.
#DisclosuresTribunal Michael McDowell SC, for Sgt McCabe has no questions for Grady. And nobody else does.
#DisclosuresTribunal Fionnan Sheahan is now giving evidence. [It's been claimed by Anne Harris, former ed of Sunday Independent, that FS called Sgt McCabe a "paedophile" - which he denies]
#DisclosuresTribunal FS has told tribunal he heard of an allegation against McCabe. FS: What I heard was there were suggestions against McCabe. FS says he can't be more specific. He says there were all kinds of claims but nothing in fact and nothing you'd describe as briefings.
#DisclosuresTribunal FS has compared Leinster House to a "gossip factory". He confirms he's excluding he'd have heard anything from guards. FS has told tribunal neither Taylor, NOS or Callinan ever negatively briefed him. FS says that stance can apply for all members of AGS
#DisclosuresTribunal FS says he can't recall when he first heard about the sex assault allegation against McCabe.
#DisclosuresTirbunal McGuinness asks about article on March 2 2014 by Colum Kenny in which he referred to Sgt McCabe and DPP directions.
#DisclosuresTribunal McGuinness, for tribunal, reads out what Ian Mallon (former operations editor at INM) told tribunal in his statement: I can say that almost every journalist working in Independent Newspapers was aware of Sgt McCabe identity from the Paul Williams articles...
#DisclosuresTribunal [cntd] "... and knew there was an old allegation made against him of sexual assault against a child and that DPP concluded there was no case to answer." FS largely agrees with this. FS confirms he had no input in PW articles.
#DisclosuresTribunal McGuinness: Did any journalist tell you that Taylor was conducting a smear campaign against Sgt McCabe? FS: N. McG: Have you ever seen any evidence of Taylor conducting a smear campaign against Sgt McCabe? FS: No.
#DisclosuresTribunal McG draws up Anne Harris' evidence...
#DisclosuresTribunal Tetchy exchanges between McGuinness and Sheahan [will come back to this]
#DisclosuresTribunal FS says he finds it "curious" about Harris' allegation against him and that Harris has no date. FS is outlining where he was and what he was doing at around time she claims he made this alleged comment.
#DisclosuresTribunal FS says he was organising Philip Ryan to write about Sgt McCabe at the time - and these were positive articles about Sgt McCabe.
#DisclosuresTribunal FS: A) I'm denying that I ever made that comment (as alleged by Harris) and B) I did not withhold information from this tribunal
#DisclosuresTribunal Harris counsel recalls Harris' evidence (see previous tweet). FS says not only does he deny it, it's entirely contraditory to his actions in that third week of September - when Harris thinks exchange happened - as outlined in his emails to her deputy editor
#DisclosuresTribunal Harris counsel asks FS when he first became aware of allegation against Sgt McCabe. Counsel: Did you take a note? FS: No. Counsel: Did you send an email about it? FS: No.
#DisclosuresTribunal FS says he's knows difference between facts and gossip. Says he has national media awards on his desk because of his work on facts.
#DisclosuresTribnal Harris counsel suggests that FS criticised Harris for not pinning down date to her claim about their alleged exchange (which FS denies). FS: She's making a very specific allegation against me so I think I'm entitled to do that.
#DisclosuresTribunal Harris counsel puts to FS, as he [FS] accepts many people in INM were talking about McCabe and the Ms D allegation, why does he take such an issue with the term 'paedophile'. FS says if Harris used any other word, he'd be equally upset
#DisclosuresTribunal Harris counsel puts to FS: If you never heard the allegation, or discussed it, how could you give evidence to judge that this allegation WAS being discussed in INM. FS says he can't be specific about these conversations
#DisclosuresTribunal FS says Harris called him a "a great fella" in her evidence in the tribunal and she says this is completely at odds to what she wrote in the Sunday Business Post.…
#DisclosuresTribunal He refers to the "men with big swinging titles" comment.
#DisclosuresTribunal Harris counsel puts to FS he's suggesting Harris has come to a tribunal, made up lies and told those lies to a sworn ventilate a grudge against FS.
#DisclosuresTribunal Earlier FS said he did believe she was ventilating a grudge. Asked if she's lying, FS says only she can answer that
#DisclosuresTribunal FS says: At 9.30pm on Wed, Sept 16 (2014), I sent an email to Willie Kealy (deputy editor) about how I assigned a reporter to work on McCabe latest..I assigned him, I worked with him, I constantly updated WK...
#DisclosuresTribunal [cntd]...FS: ..and yet she's saying I was warning her off McCabe at that time. I dont understand's completely at odds with my actions..
#DisclosuresTribunal FS confirmed to Harris' counsel that not all bits of gossip go to print. Harris' counsel argues that FS' argument - that he never wrote anything negative about McCabe - means he never said anything
#DisclosuresTribunal FS claims Harris was "headline hunting" and has, for second time, reminded the tribunal it ended up on front page of the Sunday Times.
#DisclosuresTribunal Harris' counsel has pointed out that when FS responded to Harris's statement to the tribunal, his counsel (under FS's instruction) wrote:
#DisclosuresTribunal [cntd]: "For the record, the statement made by Ms Harris concerning Mr Sheahan, being false and untrue, is not protected by any form of privilege against defamation under Statute or common law."
#DisclosuresTribunal Harris' counsel suggests FS reaction to Harris - who was bringing information to the tribunal - was talk of suing.
#DisclosuresTribunal [EARLIER, there was a tetchy exchange between FS and McGuinness after McGuinness said that FS took Harris's claim as an allegation against him whereas she says she told the trib as she thought FS could tell the tribunal where heard he alleg about McCabe]
#DisclosuresTribunal [...McGuinness had suggested FS didn't tell tribunal about what he heard about McCabe until he responded to Harris' statement about him..things got tetchy when FS thought McG was claiming FS had failed to give tribunal information]
#DisclosuresTribunal Judge has clarified difference between hearing gossip and hearing a briefing.
#DisclosuresTribunal McGuinness now asking FS about poison pen letter and how Sgt McCabe told Sena Guerin on April 1, 2014 that he had recieved it from his counsel, who recieved it from INM.
#DIsclosuresTribunal McG asking FS if he ever heard about INM getting letter. FS says he first heard of it was via tribunal. FS adds INM gets a lot of mail. But he says he never saw it before the tribunal
#DisclosuresTribunal Judge says to FS that he has now four pairs of journalists in direct conflict with each other. He says that's 8 witnesses. He says there's probably more and he'll have to check his notes. But he asks FS is there something he should know about Irish journalism
#DisclosuresTribunal FS says all he can do is say an allegation was put to him by the tribunal and he consulted his records, notes, news lists, etc. FS says he annoys his staff with the amount of correspondence he engages in
#DisclosuresTribunal FS repeats that the emails he sent to Harris' deputy editor Willie Kealy - at the time Harris claims FS called McCAbe a paedophile - contradict her claim. He says they show he was advocating positive coverage of Sgt McCabe
#DisclosuresTribunal FS has finished giving evidence.
#DisclosuresTribunal Conor O'Callaghan, electronic engineer, is now giving evidence - on phones - for Three Ireland
#DisclosuresTribunal [NOTE: Judge Charleton has told tribunal it only has two investigators]
#DisclosuresTribunal Lot of technical information. McGuinness summarises that there is no method of establishing the context of any texts through any searches by Three. No data from missing phones has been found.
#DisclosuresTribunal Judge puts to O'Callaghan that, in light of his work and that of the Forensic Service Northern Ireland (FSNI): We've done everything we can possibly do in regards to retrieving data. OC: Correct.
#DisclosuresTribunal Chief News Editor of RTE News Ray Burke is giving evidence.
#DisclosuresTribunal Burke says that about 10 days or two weeks after the O'Higgins report been given to the Department of Justice, he asked Paul Reynolds and all of his political staff to try and get the O'Higgins report
#DisclosuresTribunal McGuinness: And did you get copy/copies? Burke: I did not. McGuinness: How many did Paul Reynolds get? Burke: One.
#DisclosuresTribunal McGuinness says he thought Reynolds said yesterday he got at least two. Burke said he thought Reynolds said he got bits of the report from at least two copies.
#DisclosuresTribunal This is what Reynolds said:
#DisclosuresTribunal Burke told tribunal in his statement: I made an editorial decision to use the word 'lie' in our reports. [This is in reference to Reynolds' reports on O'Higgins report]
#DisclosuresTribunal Asked about the use of 'lie', Burke: It's simple English, it's the same word [as 'untruth']. Our job as journalists is to deliver our stories in simple English. If we don't understand them, our audience won't understand them
#DIsclosuresTribunal McGuinness draws up the email Burke sent to Reynolds after Reynolds sent him his first draft. See here:
#DisclosuresTribunal Burke: I told Paul 'your first sentence is too bald'..I told him 'your criticsm of Sgt McCabe should be further down'..I also say, do I not, that for us to carry report which did not include the finding that Sgt McCabe was wrong would be an incomplete report
#DisclosuresTribunal Burke says he doesn't know of any influence by NOS on Reynolds' reports. Burke says suggestion she did is a slander on her and a slander of everyone who works with him...Burke: I think it's an insult...
#DisclosuresTribunal Tribunal hears there would be certain amount of competition between RTE News and Prime Time. Burke says he wouldn't have given it to Prime Time if he had it. Burke says he didn't talk to Prime Time people much at that time.
#DisclosuresTribunal Asked by McDowell about his co-operation with Drivetime, Burke: There's degree of co-opreation between RTE news desk and Drivetime..but in terms of getting scoop, I would want newsroom to have it before Drivetime.
#DisclosuresTribunal [Burke has said he didn't see copy/copies PR had] MCD: Why would such an important document and a number of copies, or at least one copy with fragments of the copy.....why wouldn't you cast your eye on it yourself and see if the report is balanced?
#DisclosuresTribunal Burke cites the number of pages in the O'Higgins report [363 page] and adds that he's been working for many years with Reynolds and he's been working with him day in day out all this time. Burke says he trusts Reynolds
#DisclosuresTribunal Burke says if the Moriarty Tribunal came out, at thousands of pages, a team of journalists would be looking at it. Burke says he'd be insulting Paul Reynolds and wasting his time if he went through the report line by line and compared with with PR's report
#DisclosuresTribunal MCD puts to Burke that there's no suggestion he couldn't trust Reynolds to be accurate with his quotes. MCD: The question is why would you not look at whole [O'Higgins] report yourself to see: is this a fair and balanced report?
#DisclosuresTribunal Burke repeats that the O'Higgins report ran to 360-plus pages. Burke asks could he drop everything, lock himself away on a Saturday and Sunday and read the 360 pages? [Reynolds' reports went out on Monday] Burke: In the real world, that's impractical.
#DisclosuresTribunal MCD: So nobody looked over Paul Reynolds' shoulder? Burke: Correct, certainly not before Monday morning..I think some of TV editors and TV presenters, maybe Bryan Dobson, might have looked at certain pages of the report with Paul but...
#DisclosuresTribuanl [cntd] Burke: ....certainly prior to our publication on Monday morning, I don't believe anyone in RTE, certainly not me, none of us looked over Paul's shoulder..
#DisclosuresTribunal MCD puts to Burke that (as per his statement to the tribunal) he was conscious at the time that come correspondents can become captured by their best sources. MCD: You were conscious of that perception at the time, right?
Burke: Yes
#DIsclosuresTribunal MCD: And in that context, did it not occur to you to take a look at the report yourself? Burke: No I don't think it was necessary
#DisclosuresTribunal MCD: You weren't curious? Burke: I'm paid to be curious. I didn't reach the degree of curiousness that you suggest I should have reached
#DisclosuresTribunal Burke confirms to MCD that the Morning Ireland interview Paul Reynolds did re: O'Higgins on May 9, 2014 was scripted.
#DisclosuresTribunal MCD: Why did you want to use the word 'lie'? Burke: It's plainer english, it's simpler English. MCD: But you hadn't see the report [where it said 'untruth']...
#DisclosuresTribunal Burke: Correct, but Paul Reynolds had read the parargaph to me over the phone. MCD: And you preferred the word 'lie'. Burke: Yes.
#DisclosuresTribunal MCD: Could I suggest that you must have been aware that, at the time you made this editorial decision, that Sgt McCabe had instituted proceedings over comments made by Gerald Kean on Marian Show. Burke: I don't think I was
#DisclosuresTribunal John Barrett, head of HR at AGS, has told tribunal he has no recollection of telling Sgt McCabe that RTE reports on O'Higgins Report of May 9 2014 came from "block one" at Garda HQ - which is Garda Commissioner's office.
#DisclosuresTribunal Barrett says he's no evidence of any planned or orchestrated effort by NOS to have been behind those reports and he has no knowledge of the same. Tribunal saw that Barrett has six pages of minutes of a meeting he had with Sgt McCabe...
#DisclosuresTribunal [cntd]...and his wife Lorraine at their home on May 31, 2016 - when Sgt McCabe claims JB said this. Tribunal also sees McCabe initialled each page of Barrett's minutes of his meeting. In relation to the 'block one' comment Barrett: I didn't make such a remark
#DisclosuresTribunal Tribunal will resume next Thursday. McGuinness has told the tribunal that it's possible more statements (very limited number) may be circulated among the parties. He said after Thurs & Fri, parties will be able to make submissions on privilege (if they wish)
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