Questions involving criticism of TV3 disallowed

Barr Tribunal: The chairman of the Barr tribunal has told lawyers for RTÉ that he would not permit questions leading to criticism of rival station TV3 and its coverage of the Abbeylara siege.

Mr Justice Barr said he was not prepared to broaden the scope of the inquiry to investigate TV3 broadcasts during the siege because "no complaint" had been made against them.

The chairman was responding to an application from counsel for RTÉ, Mr David Keane, to question his client, RTÉ crime correspondent Mr Paul Reynolds, about the TV3 coverage.

Mr Keane said it was possible that the answers given by Mr Reynolds might be construed as criticism of TV3 and its reporter at the scene, Ms Jenny McCudden, and he suggested the chairman put the station "on notice" of the inquiries.

Mr Justice Barr said it would be "very unfair" if any criticism was made of TV3 because they were not represented at the tribunal. However, he said he would not put them on notice that they should be represented because "they have nothing to do with the media issue I have to determine."

The media module was established after counsel for the Garda, Mr John Rogers, brought up the Five Seven Live broadcast during which Mr Niall O'Flynn, an RTÉ journalist, named Mr Carthy. Ms McCudden also named Mr Carthy, but not until after Five Seven Live had been aired.

"Unlike RTÉ, no complaint has been made by any party to the tribunal about any TV3 broadcast."

Unlike TV3, RTÉ had, "opened the door pretty wide, one might say. . . to the identification of Mr Carthy and the introduction of intimate personal details about him, " the chairman said.

Mr Keane said he didn't see why this would exempt Ms McCudden from criticism. Mr Justice Barr said he was only concerned with the RTÉ broadcast. "What TV3 may have done a half an hour later is not an issue."

This would cause his clients "some dismay" Mr Keane said, because they had understood it was not solely an RTÉ module.

Mr Justice Barr said he had made it clear he was dealing with RTÉ and no other media organisation. "No questions involving criticism of TV3 will be allowed."

He added that the tribunal had tried to contact Ms McCudden, who was now understood to be working for the BBC in Britain, but had not received a response.