'Sensationally presented coverage caused me considerable harm'

Irish Times criticised:Denis O'Brien criticised the work of a journalist working for The Irish Timesin his reporting of the Doncaster Rovers Football Club Ltd (DRFC) controversy.

Mr O'Brien said that by the tribunal's own admission, the inquiry into DRFC was "prompted wholly and exclusively by the publication on January 13th, 2003 of a letter received anonymously by the journalist Colm Keena of The Irish Times".

He said he believed The Irish Timeswas used by third parties to attack him. He said he had requested that the tribunal call Mr Keena to give evidence but this had not been done.

"I believe that Mr Keena's centrality in the tribunal's inquiries into DRFC has created a significant conflict of interest and has compromised his journalistic integrity and that of The Irish Times.

"Since January 2003 Mr Keena has written a significant number of lengthy articles, including a number of double-page spreads, in relation to DRFC. This sensationally presented coverage has succeeded in causing very considerable harm to me during that period. However, now that each of the 12 witnesses before the tribunal has given evidence to the effect that Mr [ Michael] Lowry was not involved with DRFC, Mr Keena's coverage has diminished considerably."

Mr O'Brien said he believed Mr Keena had a "clear vested interest in creating and maintaining the impression that Michael Lowry was involved in DRFC. This slanted approach to DRFC brought about by his personal involvement in the tribunal's inquiries has permeated his entire coverage of these sittings." He said he believed the coverage in The Irish Timeshad lacked a balanced approach and "the impartial and unbiased reporting expected of a national newspaper".

Mr O'Brien also on three occasions quoted remarks by Mr Keena on the Vincent Browne show on RTÉ Radio 1 on May 29th last: "'Tribunals are very rough instruments. They do intrude a lot without a doubt into people's rights. Things are done which you would never get a chance of doing in the courts, and which arguably should not be done, but the deal we have all made in a way is that there were such terrible things going on that we set up the tribunals and reduced people's rights, and anybody who gets dragged into these tribunals have their rights walked over, rights that they would have if they were down in the courts, or anywhere else and we, I think, society as a whole, we need to do this, because we need to sort out this mess.'"

Mr O'Brien said it was "incredible that as a journalist who effectively caused this module he [Mr Keena] has not once written on this unfairness or trampling on people's rights".

Mr O'Brien also said the quotation "supports my view that the courts have failed to recognise the unfairness caused to me and others by the procedures adopted by the tribunals".