RTÉ & Vinegar Hill Response to Liam Gaskin's 16 Point Media Briefing

The following is the response from RTÉ and filmmakers, Vinegar Hill, to questions raised by Mr Liam Gaskin, representing Cathal Ó Searcaigh, poet and subject of Fairytale of Kathmandu, at today's press conference in Dublin.

 Questions are in bold capitals with responses in standard text.

1) WE [representatives for Cathal Ó Searcaigh] HAVE DOCUMENTED STATEMENTS THAT THE DIRECTOR ON HER FIRST VISIT TO NEPAL TO MAKE THE POET, THE SHOPKEEPER AND BABU. MET MANY OF CATHAL'S FRIENDS AND SAW HIS BEHAVIOUR AT FIRST HAND.THIS PROVES ENTRAPMENT QUITE CLEARLY.

The filmmaker, Neasa Ni Chianáin, has admitted publicly that she witnessed some behaviour on her first trip which made her uneasy. However, she has also publicly stated that it took her some time to absorb and come to terms with the full meaning of this behaviour. It is this journey, of understanding and realisation, which constitutes the heart of her film.

 On trip one - upon which The Poet, The Shopkeeper and Babu is based, and which footage is used in early scenes in Fairytale of Kathmandu, the filmmaker stayed in a different hotel to the subject. All scenes to be filmed were agreed with the subject beforehand. The filmmaker was breastfeeding her young 5-month-old baby at the time and so was not in a position to shadow the subject. For the second trip, the filmmaker stayed in the same hotel as the subject for the last 8 days of the shoot. It was at this stage that the realisation fully dawned on her as to the number of youths who were visiting the subject in his room. This observation, together with the catalyst of the hotel manager questioning the subject's behaviour, led the filmmaker to question the boys. She then heard their allegations.

 The filmmaker undertook her third trip without the subject when she travelled to corroborate the allegations made to her by some of the young Nepalese men.

RTÉ and the director have been clear about the fact that the film was shot over three shooting trips between August 2005 and November 2006.  In order to underline this, RTÉ has placed this information at the start of the film that will be broadcast tomorrow night.

RTÉ is satisfied that the film is a fair and accurate portrayal of Cathal O Searcaigh's activities in Nepal. The producers adhered at all times to RTÉ Programme Maker's Guidelines.

 2) THE ISSUE OF COPYRIGHT IS A VERY SERIOUS ONE AND DEMONSTRATES THE PRODUCERS LACK OF ATTENTION TO DETAIL. This is untrue. Cathal Ó Searcaigh provided access to his works and recorded his works for use in the film. RTÉ is continuing to engage with the publishers in the hope of reaching a reasonable resolution on this issue.

 3)  WE HAVE VIDEO STATEMENTS OF INDIVIDUALS WHO APPEAR IN THE FILM INDICATING DURESS, COERCION AND BRIBERY ON BEHALF OF THE FILM MAKER. The filmmakers and RTÉ reject this statement entirely. RTÉ is satisfied that the interviews with all participants were conducted in a fair and transparent fashion. Furthermore, Krishna Thapa, Director of Voice of Children, a recognised NGO based in Nepal, was present at two of the three interviews during which allegations were made. His statement, refuting this allegation, is attached to this release. Both the third trip and the presence of the NGO were undertaken at the request of RTÉ.

 4) THERE ARE DISCREPENCIES IN THE FILM TRANSLATION WHICH APPEAR TO SUGGEST THAT THE FILM MAKERS ARE DELIBERATELY ATTEMPTING TO MISLEAD THE VIEWER. The translations from Irish to English are by the director herself, a native Irish speaker. We have subsequently had them checked by a professional translator of poetry who confirmed their accuracy. The translations from Nepalese to English were undertaken by Mr Deepesh Shakya, who was recommended to the filmmaker by the Nepalese Society in Ireland. RTÉ is satisfied with the translations as aired.

 5) THERE IS A QUESTIONABLE 6 MINUTE SEGMENT IN THE FILM INDICATING MANIPULATION. The scene where a young man, Pracas, enters the hotel lobby, speaks to Cathal on the phone, and then goes upstairs to his room, was filmed in one continuous shot.  The shot at issue, of a receptionist at her desk, was filmed twice, at 12.55pm and at 1.05pm. The editor initially used the earlier shot in the cut. In the interests of absolute clarity, RTÉ and the filmmakers have now replaced the 12.55pm shot of the receptionist with the 1.05pm shot for the broadcast. The unedited footage of this scene is available to any journalist who wishes to watch it.

 6) WE HAVE VIDEO STATEMENTS ADVISING THAT PARTICIPANTS WERE MISLED AS TO THE NATURE OF THE FILM AND COMPLAINING THAT THEY NEVER SIGNED RELEASE FORMS AND DO NOT WISH TO BE ASSOCIATED WITH THE PRODUCTION. The film is a biographical picture of one man, and as such release forms of the peripheral subjects would not be expected. Cathal Ó Searcaigh himself chose which youths would be part of the film and he always explained to them that the film would be about his life in Nepal. This film started as an affectionate arts profile of poet Cathal O Searcaigh, but had to become an uncomfortable, but important exploration of sexual exploitation of young and vulnerable people in the developing world.

 7) WE HAVE EVIDENCE THAT ONE OF THE PARTICIPANTS HAS BEEN IN CONTACT WITH THE DIRECTOR AND TOLD HER HE DID NOT WANT TO BE INCLUDED IN THE FILM AND SHE ASSURED HIM HE WOULD NOT. THIS INDIVIDUAL HAS APPEARED AND REMAINS IN THE FILM. The director did not give assurances to the young men that they would not be in the film.

 8) WE HAVE EVIDENCE OF DELIBERATE OR NEGLIGENT MISREPRESENTATION IN THE FILM. Representatives of Mr Ó Searcaigh were unable to expand on this statement when asked to do so.

 9) WHY WAS THE CONTRACT SIGNED BY CATHAL UNUSUAL IN ITS SEVERITY. The Contract was a standard release contract.

 10) WHY WAS THE SUBJECT OF THE FILM REFUSED AN OPPORTUNITY TO SEE THE WORK UNTIL HE TOOK LEGAL ACTION. Mr Ó Searcaigh was given access to the film some three months before its scheduled broadcast on RTÉ Television. The filmmaker met with the subject immediately on her return from her second trip to Nepal to discuss the allegations made by the boys at the end of that second visit. This interview is included in the final film. The film was finished in November and was seen by Mr Ó Searcaigh in December.

 11) THE MANAGER ASKED CATHAL TO SECURE HIM A VISA TO VISIT IRELAND, WHICH CATHAL WAS UNABLE TO DO. THE FILM MAKER USED THE SAME MANAGER TO ROUND UP THE YOUNG MEN FOR HER TO INTERVIEW AND HE ACTED AS INTERPRETER. The manager in question acted as interpreter in some instances. However, Krishna Thapa, the director of an NGO acted as interpreter in other interviews, as did a journalist from the Himalayan Times.

 12) THE FILM MAKER CONDUCTED HER INTERROGATION OF CATHAL IN ENGLISH AFTER HE HAD TRAVELLED EXTENSIVELY. IRISH IS HIS FIRST LANGUAGE AND HE WAS EXHAUSTED. THEY NEVER OFFERED HIM AN OPPORTUNITY TO CLARIFY HIS STATEMENT AS IT WOULD NOT HAVE SATISFIED THEIR NEEDS. Cathal Ó Searcaigh is a fluent English speaker. The interview in question was conducted under normal conditions. In fact, the majority of the interview was conducted in the Irish language until the near the end, when Mr Ó Searcaigh reverted to English in answering the filmmakers' questions on the back of the allegations made. Mr Ó Searcaigh has had ample opportunity to address any misgivings about his statements in the film in the weeks since it debuted at the Dublin Film Festival.

13) THE INTERVIEW PROCESS AT THE END WAS INTIMIDATING AND THE MEN WERE BEING ASKED TO INCRIMINATE THEMSELVES. RTÉ is satisfied that these interviews were conducted under standard conditions. Moreover, two of the three interviews were conducted in the presence of Krishna Tapa, the director of the NGO, Voices Of Children.

14) THERE IS A CATALOGUE OF WORK SUPPORTED BY CATHAL IN NEPAL, NONE OF WHICH WAS COVERED BY THE PRODUCERS. The filmmaker could find no evidence of any substantial work in Nepal. Cathal was asked repeatedly by the director to show the film crew evidence of his work in Nepal, but all he could show was the purchase of bicycles and clothes for young men. The film is a more than fair portrayal of Cathal's life in Nepal.

 15) MEETING WITH RTÉ. RTÉ met with representatives of Mr Ó Searcaigh today.

 16) THE MEN WHO WERE INTERVIEWED FOR THE FILM HAVE HAD NO COUNSELLING WHATSOEVER BEFORE, DURING OR SINCE THEIR INTERVIEWS. It is of some confusion to RTÉ that representatives of Mr Ó Searcaigh feel that on the one hand no questionable behaviour took place but that, on the other hand, counselling is necessary. This confusion notwithstanding, RTÉ can confirm that counselling was offered and accepted by a number of the young Nepalese men, as instigated by the filmmaker/RTÉ.

 Issued: Monday, 10 March 2008