THE former Taoiseach, Mr Albert Reynolds, denied yesterday that he had ever suggested that the former attorney general, Mr Harry Whelehan, would be offered a position of judge of the High Court, when such a position became vacant, if he resigned as president of the High Court. Mr Reynolds said that he had "no recollection whatsoever" of ever saying such a thing.
The question arose at the beginning of the second day of cross examination of the former Taoiseach in the Royal Courts of Justice in London, where a libel action he has brought against the Sunday Times is being heard.
It follows publication of an article in the newspaper's British editions of November 20th, 1994, which was headlined "Goodbye Gombeen Man". The sub headline read. "Why a fib too far proved fatal for the political career of Ireland's peace keeper and Mr Fixit".
Mr James Price QC, for Times Newspapers, put it to Mr Reynolds that, according to a contemporaneous note taken by Dr Michael Woods during a discussion with Mr Reynolds on the evening of November 14th, 1994, Mr Reynolds had made such a suggestion. Mr Reynolds said that he could not recall Dr Woods taking any notes at the meeting.
Mr Reynolds said that it seemed unreal to him that someone who was asked to resign as president of the High Court should then he offered a position of High Court judge. "It sounds illogical", he said, "but this will be dealt with at a later stage, when we have someone here who was at that meeting to give evidence.
Mr Price told Mr Reynolds that it was not possible for his clients to have witnesses from Ireland subpoenaed to appear at the hearing. Mr Reynolds reminded Mr Price that he had to operate under the same conditions.
Discussing the former Taoiseach's Dail speech of December 6th, 1994, Mr Price pressed Mr Reynolds for details on the preparation of the speech.
Mr Price submitted that the attorney general, Mr Eoghan Fitzsimons, had faxed details of his recollection of events over the period November 14th/15th to Mr Reynolds in Budapest, where he had been attending a Council of Europe meeting.
The Fianna Fail leader, Mr Bertie Ahern, had been requested by Mr Dick Spring to ask the attorney general for an account of, these events. Mr Reynolds's authority was required before this could be forwarded.
Mr Reynolds said that he had faxed Mr Fitzsimons's account to Mr Ahern, with notes of his own, pointing out inaccuracies, which were to be included with Mr Fitzsimons's report to Mr Spring.
Mr Reynolds said that he was not "absolutely certain" that the fax he received in Budapest had come from Mr Fitzsimons. It might have come from Mr Ahern, who had been attending a meeting of European ministers in Brussels.
This was Mr Fitzsimons's second record of those events, Mr Price told the court. He submitted that Mr Reynolds had ordered that Mr Fitzsimons's recollections of November 22nd be shredded.
Mr Reynolds insisted that that (first) account was full of inaccuracies. He recalled that Mr Fitzsimons had said that the Dail had sat at 4 p.m. on Tuesday, November 15th, for instance, when it had sat at 2.30 pm., and Mr Fitzsimons had said that he had met Mr Reynolds at a time when Mr Reynolds was in fact meeting Mr Spring.
Mr Price Mr Fitzsimons is an idiot and a clown?
Mr Reynolds replied that he would resent such a description of a senior counsel. He said that Mr Fitzsimons had "faulty recollection Mr Price put it to Mr Reynolds that, at 11 o'clock on the night of November 15th, two things had become clear to him that, through contacts, it seemed possible a deal could be done with the Labour Party and that "Harry wouldn't go off the pitch voluntarily".
Mr Reynolds said that he only became aware of what the Labour Party wanted at 8 a.m. the next day, when he was told about the request for an insertion of three sentences into his Dail speech regretting Mr Whelehan's appointment.
He said that, anyhow, his gut feeling was that the government was not going to last. He was aware that contacts were taking place between both parties that night, but he himself had been preoccupied with dealing with the crisis and preparing his Dail speech. He vigorously rejected suggestions that Fianna Fail had been "desperate to find a hook on which to hang Harry".
Mr Reynolds said that he had not read the Dail committee report on the affair, but he knew he was vindicated from what the chairman had said in the House. The committee chairman had said that he (Mr Reynolds) was completely vindicated and had acted honourably in all circumstances.
Mr Price asked him who had drafted the three sentences which the Labour Party wanted inserted into his speech. Mr Reynolds replied that they had been written by Mr Noel Dempsey.
Mr Price said. "You told the select committee you did."
Mr Reynolds agreed that he had, but said that what he had meant was that the sentences were written in his office. "They were drafted on my side", he said.