The commission of inquiry into the transfer of a pub licence by Judge Donnchadh O Buachalla will begin in two weeks' time and will be heard in public, the judge chairing the inquiry ruled yesterday.
The inquiry, before Supreme Court judge Mr Justice Murphy, heard preliminary applications in Dublin yesterday.
It will sit for three days from July 19th before resuming on September 1st. Mr Sean Ryan SC, for the inquiry, set out the terms of reference: "The inquiry is to inquire into the conduct of District Judge Donnchadh O Buachalla in relation to the propriety of his handling of the licensing of the premises known as Jack White's Inn, having regard to his acquaintance with its licensee, Mrs Catherine Nevin, and in relation to the discharge of judicial functions in cases involving two gardai [Garda Vincent Whelan and Garda Michael Murphy, both based in Arklow] against whom complaints had been made by Catherine Nevin."
Judge O Buachalla, the two gardai and members of the late Mr Tom Nevin's family were present. All parties said their preference was for a public inquiry. However Mr John Rogers SC, for Judge O Buachalla, expressed his reservations about his client's preference.
It was Judge O Buachalla's decision, said Mr Rogers, "as a matter of absolute preference that the entirety of the inquiry be held in public, if that is consistent with the constitutional and legal rights of others . . . so that all matters of concern to the terms of reference be available in the first instance through reportage.
"As his counsel, however," continued Mr Rogers, "I have to say that it does appear to me that issues may arise during the course of this inquiry which would touch on individuals who might not yet be identified.
"Certainly one can think of persons already identified of whom certain matters might be damaging in other places, if I may put it like that. So that it may be necessary for Judge O Buachalla to acquiesce his move to the inquiry that it be heard in public."
Of grave concern to Mr Rogers was what appeared to him an "elaborate, deliberate, repetitive leaking and briefing to the media of, in many cases, official documents".
Referring to an article by Tom Brady, published in the Irish Independent on April 14th, he said the "remarkable feature of that article" was that it contained "elaborate quotations directly from what can only be a Garda internal file".
He said that since March 23rd, 1996, when an article appeared in the Star headed "Judge Quizzed", there had been a "repeated briefing of the media". The sources "can only be official sources who clearly have the greatest disregard for their obligations", he added.
Mr Richard McDonnell SC, acting for the two gardai, said they also wanted the inquiry held in public.
Ruling that the inquiry would be public, Mr Justice Murphy made two qualifications. If there was any aspect of the proceedings which might impinge on ongoing criminal proceedings, this would be heard in camera, he said. Any discussion as to the admissibility of evidence would likewise be heard in camera.
"If the evidence is admitted, it will be held in public. If it is not admitted, if it is irrelevant or inappropriate, there will be no record of it."
There will be a break in the inquiry's proceedings between July 19th to 21st - when the licensing module will be heard - and on September 1st.
