02.22.07
McDowell watch
Well, what an interesting week its been for the Minister for Justice. It’s not been so much hogging the headlines as studiously avoiding certain ones and showing an unhealthy interest in others.
So what have been the priorities of the moral watchdog of Fianna Fail? From last week’s high of making headlines every day, how is he reacting to this week’s headlines?
Well NOT making a contribution to the Dail debate on the Moriarty Tribunal obviously, even though its subject was the reason the PDs was set up in the first place.
NOT making a statement about the inquest into Cynthia Owen’s baby – surely one of the saddest inquiries we have seen so far – and which leaves very serious questions to be answered about police behaviour. Cynthia, this poor brave woman has asked for a further inquiry. Not a peep from the responsible minister.
NOT making any remarks about the collapse of the Wellington Quay bus crash case. The prosecution totally and utterly screwed up the case and not a word from the usually verbose Minister who thinks nothing of commenting on the judiciary when he feels like it. I don’t know what happened that bus driver and the relatives of the victims composed themselves admirably – not guilty may have been the kindest verdict, but the presentation of wrong evidence deserves close examination.
NOT setting up journalist Michael McCaffrey to be arrested for publishing a leaked document (remember Michael McDowell and Sam Smyth are the only constitutionally enshrined leaking partnership in this country – everyone else from Geraldine Kennedy to Frank Connolly to eeek moi! can expect the strong arm of the law to come after them). I love the careful wording of the statement….the complaint to the Gardai was made “with his knowledge but without any involvement by him”. What is involvement? Picking up the phone yourself or saying “get that bastard”?
On the come down from his Saturday night speech, how HAS the busy Minister of last week been devoting his time? Well, it appears that he has been welcoming the collapse of a partnership which was to build an incinerator in Ringsend! He issued a press release claiming that this was a victory for democracy! (Of course, we’ll overlook the fact for one minute that incineration is government policy which as a cabinet minister with collective responsibility he should defend). The question REALLY is, HOW did he find out???? As Ruairi Quinn put it
“Local Labour TD Ruairi Quinn has called for an explanation of how Mr McDowell, who is also a TD for the Dublin South East Constituency, got the information before Dublin City Councillors were informed.
Deputy Quinn also welcomed the decision, but said it was ‘most unusual’ that Minister McDowell was informed before anyone else. He called on Mr McDowell and the Minister for the Environment, Dick Roche, to explain how the information came to the Tánaiste before councillors were informed.”
Glad to see the Minister is so busy dealing with information being leaked TO him that he has no time, or so he claims to complain about anyone else leaking stuff.
Things can only get better, he says. Well, if one turns watching him into a sport, that’s true. Or if the noveau riche assholes in Dublin SE cop on and don’t vote for him this time. Then things really WOULD get better.
FERGUS O'ROURKE said,
February 22, 2007 at 1:41 pm
I fail to see what role the Minister for Justice should have in commenting on a mistake by a Swedish company in Sweden. If the prosecution did make a mistake, I didn’t see it reported, but the Minister has absolutely no role in dealing with any such mistakes. As for the journalist, are journos supposed to be exempt from compliance with the law ? And do you really think that the Guards do favours for MMcD ? More likely, I would think, that they would pull stunts to embarrass him, which maybe not incidentally also allow the papers to run lovely (for them) sensationalist headlines that help sell papers. Tighten the media laws, I say.
Sarah said,
February 22, 2007 at 2:53 pm
Tighten? Is it not enough to arrest journalists and charge them? How much more tightening do you want? Thumb screws to reveal sources?
And since McD feels free to comment on any and everything, I think the conduct of a high profile case in which false evidence is presented thus entirely discrediting a prosecution case is ample opportunity for comment.
P O'Neill said,
February 22, 2007 at 3:46 pm
Re the Wellington Quay case, the minister should surely be wondering what is going on in the DPP’s office. Did they not for a second wonder why the original evidence presented was harmful to their case? If the bus really did have power surges, the driver had a perfect defence, in which case they shouldn’t have been prosecuting in the first place. It’s not hard to pick up the phone to Sweden and say “Are you SURE this is the right bus?” If he can comment on Dublin County Council matters, he can surely can comment on concluded court cases.
One minor issue Sarah, I think McDowell did briefly comment to reporters on the Owen case, something along the lines of the gardai would keep investigating the incest allegations. But for such a staggering failure over decades — in the same week as Bertie announced the text of his children’s rights referendum — you’d think McDowell would have more to say.
Fergus O'Rourke said,
February 22, 2007 at 10:27 pm
It’s news to me that any journalist has been charged, but I ask again whether you are suggesting that journalists are exempt from the laws that apply to the rest of us. I do wonder why the man was arrested – if he really was – because the only practical effect of the “arrest” was to foment media hysteria.
Sarah said,
February 23, 2007 at 7:59 am
No journalists and those who leak to them are not exempt from the laws…unless they are the Minister for Justice and Sam Smyth. That’s the point Fergus. He justifies leaking stuff which destroys a man if HE thinks its important that the public has a right to know. But he reserves the right to complain and pursue anyone else who leaks information which THEY believe the public has a right to know. It’s called hypocrisy.
Niall said,
February 23, 2007 at 8:30 pm
Leaks are vital for the health of society. If we adopted a zero tolerance policy, then that would enable cover-ups and corruption. If we take a very liberal attitude to them then that can lead to a situation where reputations can be damages can be damaged unjustly. Up until now, it seems as though it would be possible to have a situation where selective enforcement worked, but McDowell has proven that approach untenable. He’s leaked to his favourites when it suited him, then enforced the letter of the law when it suited him as well. He’s playing the law like a fiddle to his own benefit. Either he can’t distinguish between the good of the land and his own good or he just doesn’t care about the good of the state.
It seems to me that somehow we need to be able to distinguish between good leaks and bad leaks. Bad leaks, those that UNJUSTLY damage the reputation of an individual or indeed the ability of a company to turn a profit should be banned, but at the same time, we need to encourage whistleblowers. Easier said than done I’m sure.
Sarah said,
February 24, 2007 at 9:57 pm
Good point. The McCaffrey leak for example was admittedly a draft version but ultimately an accurate version of a report. The Tribunal leaks are of two kinds:
1. the leak of statement of evidence, which has yet to be refuted or heard in public when cross examination is possible. This can be very damaging to the subject of the statement. For example, I could claim in a statement to a Tribunal, which I have not yet sworn, I bribed a councillor a certain amount of money to get land rezoned. This isn’t fair because the allegation is contested, the evidence may not be heard for months or years, I won’t be cross examined on it for all that time, and meanwhile the councillor’s reputation is ruined.
2. OR you could leak a document revealing a fact which is true, uncontested by all parties concerned and relates to a completely legal activity SAY McD thanking DOB for a donation to the PDs.
The first leaker should be birched. The second leaker should be MILDLY slapped on the wrists