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Costs blow in protection of sources case
NUJ news story 26 November 2009
DATELINE: 28/11/09
The National Union of Journalists (NUJ) has expressed grave disappointment at a decision by the Irish Supreme Court to order The Irish Times to pay the costs arising from a crucial press freedom legal case. In a landmark ruling earlier this year the court found in favour of two journalists, Geraldine Kennedy and Colm Keena, who refused to reveal their sources. The judgment on costs, announced on26 November, means The Irish Times faces a bill of up to €600,000.
The original case arose after the Mahon tribunal, which was investigating alleged planning corruption, sought a court order compelling the paper's editor and public affairs correspondent to answer questions relating to the source of an article about financial payments to former Taoiseach Bertie Ahern. The court has now ruled that there were "exceptional circumstances" justifying the granting of costs in favour of the Mahon tribunal even though it lost the appeal in the Supreme Court earlier this year.
In a statement Séamus Dooley, NUJ Irish Secretary, said that the judgment was a major disappointment given the landmark unanimous decision of the Supreme Court in favour of the NUJ members. Séamus said: "The Supreme Court ruling enshrined the principle of journalistic privilege and the protection of sources into Irish law. The Supreme Court clearly recognised the right of The Irish Times to protect their sources.
"This decision may be perceived as a punishment for the manner in which the editor decided to protect the newspaper's sources despite the vindication by the Supreme Court of the right of journalists to do so. In that sense the judgment has profound implications for Irish journalism."
Last modified: Saturday, November 28, 2009
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