The former Supreme Court Judge Seamus Henchy has told the Flood Tribunal the Independent Radio and Television Commission was never influenced by the former Minister for Communications Ray Burke. Mr Justice Henchy was being questioned about his term as chairman of the commission. He also said that he felt fully authorised to seek a directive from the then Minister to cut RTÉ's transmission charges. However in earlier evidence he agreed that his letter to the minister did not amount to a formal request.
This morning Mr Justice Henchy questioned the relevance of questions put to him at the Flood Tribunal. He was being asked about his appointment as chairman of the IRTC in 1988. Questioning the relevance of the questions, Mr Justice Henchy said that the Tribunal was not a court of law and had no inherent jurisdiction. Counsel for the Tribunal, Des O’Neill, reminded him that he was there as a witness of fact and said that it was hoped he would answer all questions. Mr Justice Flood intervened and told Mr O'Neill to proceed with questioning the witness.
Earlier, the Tribunal was told that the IRTC never made an official request for a ministerial directive to cut RTÉ's transmission charges. Former Secretary Sean Connolly said that a letter to the Minister was merely to inform him of the position between RTÉ and Century. However, the Minister interpreted it as a direct request for a directive. That directive dramatically reduced the amount Century had to pay RTÉ for transmission services. Under the legislation a ministerial directive had to be requested by the IRTC. Mr Connolly earlier told the Tribunal that the commission never met to formally agree to seek a directive.
