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The lasthurrah the us state department is moving in on Noraid. Ten thousand people have been involved in applications to the Catholic marriage tribunals since 1977. Legal Football 59 Eamon Dunphy has been attending the Shelbourne F.C. Trial in the high court.
The lasthurrah the us state department is moving in on Noraid. Ten thousand people have been involved in applications to the Catholic marriage tribunals since 1977. Legal Football 59 Eamon Dunphy has been attending the Shelbourne F.C. Trial in the high court.
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The lasthurrah the us state department is moving in on Noraid. Ten thousand people have been involved in applications to the Catholic marriage tribunals since 1977. Legal Football 59 Eamon Dunphy has been attending the Shelbourne F.C. Trial in the high court.
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Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
The Last Hurrah The US State Department is moving in on Noraid. Maire Crowe reports from what may have been their last Annual Testimonial dinner. FitzGerald in Government "He still wobbles - the fumble factor will never be entirely under control - and he can't help glancing warily over his shoulder at the school bully on the opposition benches ready to send him sprawling." Olivia O'Leary profiles Garret FitzGerald - the man and the politician. The Confession of Christy Lynch 18 by Gene Kerrigan Christy Lynch found a body. Hecalled the police and went to the Garda station to make a statement. Twenty-two hours later he confessed to murder. The circumstances of his, confession raise serious doubts about the new powers being given to the police. 48 What God Hath Put Together 34 "Ten thousand people have been involved inapplications to the Catholic marriage tribunals since 1977. The success rate isn't high." Michael Farrell reports on what happens inside the marriage tribunals. The Golden Voice of Tommy O'Brien 40 Colm Toibin visited Tommy O'Brien at his home in Clonmel and talked to him about his life, his work and his music. Barrie Cooke: The Moment of Seeing Aidan Dunne writes about the life and art of Barrie Cooke. Down On One Knee After the French debacle, J ohn Reason examines the performance of the Irish squad. Legal Football 59 Eamon Dunphy has been attending the Shelbourne F.C. trial in the high court. DEPARTMENTS Diary ...................... 4 Subscriptions 31 Computers .. , . , , .46 Motoring , 52 As Time Goes By , 54 Wigmore , 61 C01:er photographs by Derek Speirs - Hi .J ' Stickland; illustration by Arja Kajermo Publisher Vincent Browne Printed by Lithographic Universal Ltd. Distribution NewspreadLtd. Colour Separations Litho Studios Limited. Editorial and Business Address 14Merrion Row, Dublin 2. Telephone: 606055 Magill is published by Magill Publications (Holdings) Ltd. ~I ABC ' I Theaveragenet paidsalesascertified by the AUDI T BUREAU OF CI RCULATI ONS for the period ~l! ::_ ' ===:! J. July-December 1982was 30.945 copies oer month. Editor ColmToibin Reporter GeneKerrigan Political Correspondent Olivia O' Leary Executive Assistant LisaStankley Advertising Manager Patricia Burrell Advertising Executive MiriamBarrett MAGILL FEBRUARY 1984 3 6 8 56 ALL ROADS LEAD TO THE Forum and all roads lead therefrom. It is the filter that will refine everything that nationalist politicians have been doing and sayingfor the past fifteen years. And at the SDLP Conference in Belfast last weekend, speakers ex- pressed their gratitude to Fianna Fail, Fine Gael and Labour for joining them in the Forum, for spending time and energy in the search for peace and reconciliation among nationalists and may- be, eventually, among all men and women inthis country. Other members of the party, however, were worried about J ohn Hume. It is known that he doesn't want the Forum's report to recom- mend just one option, that he and Garret FitzGerald are both in favour of a report which outlines the three options of a unitary state, a federal Ireland and joint sovereignty. It was felt that something would have to be done to stop Hume and that it would have to be done in public at the conference. All eyes were on Seamus Mallon, the greatest nationa- list of them all. He might do it, but just incasehewouldn't one leading member asked both Austin Currie and Denis Haughey if they would fire the shot across J ohn Hume's bows. The code word was to be "Dolly Mixture". Some- one who missed the speech which Seamus Mallon made later asked if he had used the expression "Dolly Mixture". Yes, Mallon did. He was against handing the British government a'''bag of Dolly Mixtures". His speech was seen at the conference as a clear attack on Hume's plans J ames Shannon, who may become the first Irish citizen to be handed over to the R UC following a Supreme Court decision last December which narrowed the definition of a "political offence". On that occasion, the Chief Justice said that Dominic McGlinchey had exceeded "what reason- ably civilised people would regard as political activity". Shannon failed in the High Court last week to have the extradition order against him quashed and will now appeal his case to the Supreme Court. The British authorities are known to have shown an extraordinary amount of interest in the case. Prior to the hearing, it is understood that the British Embassy rang the Chief State Solicitor's office every day and a representative attended each day of the High Court action. Shannon is wanted in the North to face charges relating to the murder of the former speaker at Stormont, Sir Norman Stronge and his son James at their home at Tynan Abbey, Co Armagh on 21January 1981. . I for the Forum. tively impossible and too ex- Fianna Fail, as well as a pensive. It would make Sinn few Fine Gael and Labour Fein the only political party members of the Forum, are in Ireland which opposed the also against "a bag of Dolly British presence. It would Mixtures". They want the strengthen Sinn Fein North Forum to issue a strong and South. Fianna Fail are statement in support of a also afraid that the British unitary state. would make propaganda out They are absolutely op- of Ireland's acceptance of the posed to both a federal British presence. Ireland and joint sovereignty. The Forum is thus split A federal Ireland, they argue, between FitzGerald andHume could not allowpower-sharing on one hand and Haughey in the North because it could and Mallon on the other. On not allow it in the South. one hand they disagree, on It would, in fact, involvethe the other they desperately return of Stormont and all it want to reach consensus. implies. It would not help But that is only where the nationalists in the North their problems start. Those and it would cost the South involved talk about the im- too much money. portance and urgency of the Fianna Fail are particular- Forum as those involved in ly opposed tojoint sovereign- the Treaty of Versailles must ty because they believe that have talked: as though their such a policy would accept decisions were going to draw British presence in Northern borders andordain howpeople Ireland, would be administra- will live. Optimism, a word The Politics Of The Dolly Mi xt ur e much used about this con- ference, isnot the word. Nobody knows what will happen a year from now. Nobody knows what will happen if the Unionists reject the report, as they will, and the British ignore it, as they may well do. One SDLP member, when asked about this, remarked that ayear isa long time in politics. But he looked away in the distance as though hoping it might beevenlonger. The Cardinal And The RUC CARDINAL 0 FIAICH IS reported to have been quite surprised at the strong reac- tion to his statements about Sinn Fein on This Week. Readers will. remember that after theinterviewthe Cabinet, having failed to ban Sinn Fein or intern its members, deci-' ded to urge the Cardinal to declare membership of Sinn Fein some sort of mortal sin. The interview on This Week had been the second attempt to broadcast the Cardinal's views on these and other matters. The first was dropped in the wake of the Tidey rescue and the Harrods bombing. For the. second interview the Cardinal put a lot of thought not into what he would say about Sinn Fein, but into statements he wanted to make about the RUC. He decided, it isunder- stood, to praise the RUC for arresting members of the UDR and charging them with murder. He believed, it is reported, that any contro- versy caused by his interview with This Week would be "caused by his statements about the RUC. The interview was recor- ded on the Saturday and the tape brought back to an RTE studio for editing. The tech- nique used in editing such tapes is called "dubbing" and it involves transferring the material from one reel to another. There were two reels used in the interview and when the second one was being edited the two reels were put the wrong way around and some of the interview was rubbed out. This included one section where the Cardinal talked about the RUC. The error was not dis- covered until late on Sunday morning and it was too late to do anything about it. The interview was broadcast with- out the section on the RUC which the Cardinal had felt would be controversial. How- ever, RTE news bulletins on Sunday carried a report on this section of the interview which had not been broad- .cast for "technical reasons". Although the Cardinal pub- licly stated his satisfaction with the way the interview was handled, he is known to have been privately upset by the exclusion of the part which he felt was most im- portant and by the subse- quent controversy. T e n G r e e n Bottles READERS OF THESUNDA Y World last Sunday must have wondered when they saw the story about the nine worst heads in Dublin. Nine? Why nine? Why not, for example, ten, or even twelve, or, say, twenty. Nine. A funny number of heads. And then there were nine. The sort of number that previously was ten and now has one missing. After several days investi- gation we have unearthed the truth. Ladies and gentlemen read all about it. Nine heads. Why nine? Nine because Cedric Me- Clolland, the noble editor of the Sunday World, didn't like one of the ten the poor reporters had been ordered to select from his phone calls to barbers all over Dublin. He didn't like one of them at all. The tenth was the editor of another Sunday newspaper. No, it was not the new fellow at the Indo ("Munster must have the dog results"), not the Deepest Thinker of His Generation at the Sunday Press. But the other one. Cedric wasn't having his name in the Sunday World. Some people thought nine was a bit odd, but Cedric stuck to his guns, so to speak. "Trn not giving that f ... any publicity," he muttered. THE EXPULSION OF THREE SOVIET DIPLOMATS LAST Septem ber resulted from espionage activities involving NATO nuclear SUbmarines, according to a US State Department report. The Irish government has consistently refused to give the reasons for the expulsions and a government source was this week unable to say why the State Department should apparently have inside information on the incident. The State Department reo port is quoted in a press handout from the US Inter- national Communication Agency, which is based at the US embassy and which regu- larly keeps Irish journalists informed on US policy and government statements. Magill asked the press office of the State Depart- ment in Washington DC how such information had been come by. They were unable to say and referred us to Irene Piechowitz of the Pub- lic Affairs Office, European Section. Ms Piechowitz told us that three Soviet diplo- mats had been expelled from Ireland in September but didn't know any more than that. She referred us to a Mr Rohn at the State Depart- ment's Intelligence and Re- search Division. Mr Rohn was on home leave. His deputy, Scott Thompson could not elaborate on the report. "No one in the Department of State had anything to do with that," he said. Mr Thompson suggested we ring the CIA. We asked him for the number. He said, "We don't have very frequent dealings with them, sir, and nobody here knows their number. Anyway, all they're likely to say is no comment." We rang Bryan Carlson, a State Department press offi- cer, who had a copy of the report on Soviet expulsions. Mr Carlson's report seemed to have a lot more detail than the embassy handout. It said that in addition to .he espionage involving the submarines the three Soviets had "contacted agents" and also "collected intelligence information for transmission to Moscow". Mr Carlson's copy of the report also claimed that the diplomats had "bugged other embas- sies in Dublin ". It said that the Second Secretary, Mr Lipassov, was "the KGB resi- dent" in Dublin. Mr Carlson didn't know very much about how the State Department obtained this information. He said he would try to get someone to ring us back, "but I don't hold out much hope that they'll want to go further than that." They didn't. We rang the CIA. A spokesperson; Dale Peterson, said he would "have to refer you back to the State Depart- ment. We would 'send infor- mation to them, but they ... would have the ultimate res- ponsibility for that." Asked if that meant that the CIA had provided the information for the report, Mr Peterson refer- ..... red us back to the State ~ Department. ~ We rang the home number e:- of Mr Rohn, the Intelligence .~ and Research officer who was ~ on home leave. A recorded '" announcement said that his ~ line was being "checked for Cl trouble ". An Irish government spokesperson repeated the refusal to elaborate on why the Russians had been thrown out, other than to say that they had "transgressed" be- yond their diplomatic roles. The position seems to be that the Russians know what they did, the Americans know what happened, our own government knows - but the information is being kept from the public. It is a rnys- . tery as to how the US State Department obtained infor- mation that the Russians were expelled for spying on NATO nuclear submarine sec- rets. Did our government tell them? Or did they tell our government? Was this before the expulsions, or afterwards? There were, by State De- partment count, 27 Russian diplomats expelled from various countries in 1981. In 1982 the figure was 49. Last year it rose to 135. Either Russian diplomats are swear- ing off vodka and suddenly going on an espionage ram- page or, as East-West relations deteriorated under Andropov/ Reagan, someone who has been watching the Russkies for a long time suddenly decided to spill the beans on them all over the place. Gene Kerrigan n ARD BY THE SUBWAY STATION in downtown Queens, suburban New York, lies the Astorian Manor. A confection of neon and plaster, it offered, on thisbelow freezing night in late J anuary, shelter from the kind of cold that drives people insane. Within the haze of its baby-blue womb lay comfort and Aid. IrishNorthern Aid. The Twelfth Annual Testimonial dinner of the Irish Northern Aid committee, America's most vigorous and most contro- versial Irish republican support group, was underway - perhaps for the last time. It must havebeen relief at havingescaped the elements that produced that momentary disorientation. Why - this felt likehome, an ArdFheis danceor aparish social, maybe. Of course, some things were different. The help were Hispanic, the cooks were probably Chinese. But the party wasdefini- rely Irish - the cocktail "hour" was long, so were some of the speeches. Everyone seemed ableto juggle the levity and deadly seriousnessof it all. Including the man who saidhewasfrom Boston to the woman who wondered if he was staying the night. Hewasn't sure. Hey, she could show tum a good time, shesaid, squeezinghisknee. Hecogitated the offer. B EFORE GETTING DOWN TO THE roast beef (nice and rare), string beans zad mashed potato one had time to stock =? on tee-shirts ("IRA freedom fighters" ... as the messageadvertised on them), sweat sairts (ditto), caps (ditto), aswell asaselec- :ion of badges. Noflags. Pinned to the lapels of many agood suit ~ well-dressed bosom was the aforemen- ~ned message, emblems that read "IRA - ::ish Northern Aid", even an inspirational "Out of the ashes arosethe Proves". Martin :;z:-I;in, publicity engineer for Noraid and ~or of 11s threatened newspaper, The :~.sil People, sported the straight-talking -England get out of Ireland". Michael ::~.L.I]ery,the old boy whose selection as Crand Marshal of last year's St Patrick's ':::::! .y Parade in New York caused ructions, -:-~..;~do with hispioneer pin. The important people of the night were ::'=-.J :termarked by the white carnations SO::i::ie generous soul had coloured with a =:::gdash of emeraldgreen. By ten o'clock the 1,800 people who .::.:0..:: paid f3 35 each for the evening were :-.=22d. Greers went up asthe Cork County Pipe :=.0=:: led in the night's "honorees" (those w'.:.s: were to receive Noraid awards), com- =-..=c members and representatives of other :'..-.:'-rz2tions. The biggest cheer camewhen 2 =ec.oed Michael Flannery marched into r- = - - - _ . . asthebandplayedRoddy McCorley. J oeRoche, chief of the Ancient Order of Hibernians, one who has on occasion, like Flannery, disturbed the sleep of Garret FitzGerald, smiled (probably at the thought of having disturbed thesleepof Garret Fitz- Gerald). C. F ACElHEFLAG .... "Soldiers are we whose lives are pledged to Ireland. Some have come from a land beyond the wave .... " Father Maurice Burke, whose parish is on Staten Island, lent hisWaterford City lilt to Grace. Hehad learned it off by heart: "Heavenly father, we ask your blessing for the food prepared for us. We pray that our sharing this meal together will strengthen our commitment to the right of the people of Ireland to self-determination and inspire us to even greater efforts on behalf of the dependants of Irish prisoners of war .... " Fr Burke who has "supported the IRA and continues to do so" writes a column as Oisin in The Irish People. If he thought money collected by Noraid was going for IRA guns he "would condemn that - be- cause it would have been collected under falsepretences - but I would not object to money goingto the IRA if it was collected on that basis." .It has been a hazard of Noraid's exis- tence that it has had to face charges of collecting funds for the IRA. Its leader routinely denies those charges, but it isnow facing what seems to bethe strongest effort yet to put it out of business, as the State Department closesinonit. Noraid's stated aim is that it is "an American based, humanitarian organization which together with An Cumann Cabhrach and Green Crossgivessupport to thefamilies of Irish political prisoners and to prisoners' welfare." .AL L OF THE IMPORTANT PEOPLE werecollected onthedais- honorees, Noraid committee members and representa- tives of other organizations who deemed it polite to signal support for Noraid as it faced into the US State Department's on- slaught. Three representatives of New York Labour were there. New York State Assem- bly man J ohn Dearie, who started the cam- paign to have aUSenvoy sent to the North, wasthere. AswasPeter King, NassauCounty comptroller, Noraid's favourite for Grand Marshal - he's commended as being hard- line. Onespeaker commended J oe Roche "for having the quiet courage to take the AOH out of the closet". Roche smiled. J ames Delaney, the big Texan, head of the new Irish Unity conference, who has made a lot of the running for "the Irish cause" in the past year didn't smile. Maybe he was thinking of the fact that, asheafter- wards explained, "I still have contact with them (the Irish government), but I don't know if I'll be very welcome at the Con- sulate after tonight. Hetalked about 'efforts to discouragemefromattending'." Hooleys - or testimonial dinners - are for the crack, but they're also for serious speeches - one even invoked Plato and Locke. They're also for sendingsignals- maybe to the State Department, more probably to the lads at home - both to the ones you likeand the ones youdon't like. Themessage is: Noraid fights for its life; AOH and Irish Unity Conference hold up the lifesupport system. So muchfor Garret's teamtrying to tell the Yanks what to do .... With all the talk of freedomfighters, the rashof IRA badges, the thunderous applause when Old MikeFlannery, the most wanted manin theroom(autographs and snapshots) declared that "freedom can come only one way; that isby the perseveranceof the Irish Republican Army," one wasapt to become a trifle confused - not about Noraid - but, well, about the AOH and the hard-selling Irish Unity Conference. As for smiling J oe Roche, he said "Noraid is a rather demon- strative organization. We in the AOH, we're opposed to all violence - RUC, IRA, UDA, but most importantly we're opposed to what theBritisharmy isup to. "I think it would be fair to say that INA, AOH and the Unity Conference are now coming together more formally. Of course, you know that a lot of Noraid members arealsomembers of the AOH." The IRA, big J imDelaney "neither con- demns nor condones". Thoughnot amember of Noraid, he"isastrong supporter". I T COULD BE THIS WAS THE LAST hurrah for Noraid. Let merephrase that; it couldbethis wasthelasthurrah for Noraid as we know it. Michael Flannery was pessi- mistic about its chances of surviving the State Department attack - the seriousness of which cannot be doubted since the Harrods bombing led British PrimeMinister, Margaret Thatcher, to a new condemnation of Noraid as the primary source in the United States of funds for the IRA. Martin Glavindismissesthe notion of an imminent demise as "ludicrous". But even if it does go the road that Thatcher would elect for it "there would", he said, "be others to take upthe cause." ATCHING GARRET FITZGERALD IN THE DAIL LATELY ONE GETS THE impression of a boy who has learned to ride abicycle all by himself. He still wobbles - the fumble factor will never be entirely under control - and he can't help glancing warily over his shoulder at the school bully on the opposition benches ready to send him sprawling. But he's piloted his government's first independent budget through and the ew Ireland Forum, has the merit at least of keeping Fianna Fail quiet and showing FitzGerald to be busy about the nation's unfinished business. ow, when Haughey catcalls in parliament, FitzGerald has learned to blow him a raspberry and keep peddling. At the opening of the Dail's New Year session, the opposition leader huffed and puffed about the meeting of the J ustice ~ter and the Northern Secretary on security. Would not Il:.S reduce Northern Ireland to a mere security problem in :he world's eyes? Was it not a dangerous precedent and would the Taoiseach keep that in mind? "No I wouldn't" said FitzGerald impudently, peddling on by. "I don't accept what the deputy says, so I won't keep it in mind." Charlie subsided. Nuts to Charlie. FitzGerald will never learn totally, however, to cloak his anxieties in the glossy mantle of power. Everything registers on that slightly dowager ish face. Under C.J . Haughey, the morning ministerial troop-in to the Dail was done with military precision and gravitas. Garret trots in with his ragged troupe strolling behind him, grinning an embar- rassed grin at the part he has to play in this piece of parlia- mentary pomposity. At the Forum, he beams at what he would regard as useful contributors, like the two young unionist brothers who braved Northern indignation to come and tell the Forum that "British withdrawal" to them meant that they and other unionists were being asked to leave No-rthern Ireland. But when contributors drone on, particularly droning members of his own delegation, he immediately shows his irritation , diving into the back of the IPA year- book to find an attractive statistic he can add and subtract to his heart's content. The fact is that FitzGerald doesn't feel the need to hide his ordinariness. The red braces are constantly on display. It doesn't cost him a thought, on his way into an RTE studio to ring back down to his driver at reception and ask him to go and get rashers and sausages in Donnybrook for Sunday breakfast. At home, he does the hoovering, helps to get meals, gets down on the floor in shirt sleeves to play with his three grandaughters to whom he brings home presents from summit meetings abroad. He's cheerfully forgetful. He's been known to put his suits into the drycleaners and then forget which drycleaners he went to. So as not to disturb his wife one morning he got dressed in the dark and put on two odd shoes. The newspaper photographers had afield day. FitzGerald didn't see what the fuss was all about. He doesn't much notice what he eats but he loves lots of butter. He likes aglass of wine but doesn't look too hard at the label. Some of his backbenchers complain that he's not a man's man. "When Garret comes into the Dail bar, it's hard to know who is more uneasy, the bar habitues, or Garret." He was told he should turn up more often in the Oar. be a little more friendly with the boys. So diligently, he decided he would make an effort and visited the bar to ouv a round of drinks. He chose to go on Ash Wednesday. Everybody was drinking orange juice. FitzGerald bought a round of tomato and orange juice and listened earnestly as ayoung TD told him astory. Deputy J ohn Kelly had been speaking in the Dail the week before and had finished his speech with a quote from the historian Macauley concluding "As Macauley once said." In the Dail official record it appeared "As deputy Macauley once said." Garret laughed and went on to speak at length about Macauley's life and times. Ashe left, one bewildered TD turned to another and asked "Hey, who is this deputy Macauley anyway?" He's not one of the good old boys and he doesn't pre- tend to be. He admits happily that when he was a young- ster one of his favourite books was a girl's school story called "Bashful Fifteen". He's never felt any compunction to pay slavish tribute to the nation's sacred cows. During the 1982 February election campaign, the Fitz- Gerald bus pulled up in avillagein Co Cork. A large Teddy swathed in red and white was pushed through the bus door at Garret. It was a lovely Teddy, he exclaimed, and what did the red and white stand for? Was it a symbol of Polish Solidarity, he asked. The Cork faces looked up at him in- credulously out of the wet night. Sean Power, the Corkman who was press officer for the campaign, put his head in his hands and groaned. "They're the Cork colours, boy" he wept "they're the Cork colours." "Really?" said FitzGerald happily. It didn't bother Garret that he didn't know the Cork colours. He doesn't measure his Irishness in terms of shamrocks or Guinness or even the bould Thady Quill. As well as the accusation that he's not a man's man - a commodity this countryneeds like Donegal needs rain - there are even more serious charges laid against FitzGerald. He is utterly faithful to his wife and pays.her constant and loving attention. He enjoys the conversation and company of women, and he encourages them inpolitics. Heloves his family, his home, his children and his grandchildren and he's not at all interested in sport. Men's men wince at these unwholesome tendencies. He's friendly with the press corps - friendlier than he is with some members of the parliamentary party, his back- benchers would complain. He first-names the press and is unduly worried if they don't first-name him in return. He never uses his position to give an importunate journalist a brush-off or a put down. Corner him with asticky question and he'll spew irrelevant statistics at you or blind you with science. An intellectual bully he may be, but he never hides behind the grandeur of his office. This attitude may spring from having been ajournalist of sorts himself. In the sixties he did financial journalism and was a correspondent for the Financial Times. When some major economic story broke in Ireland in the mid- seventies, the Financial Times' night-desk couldn't contact their regular man and going down the list of Irish staff came across a G. FitzGerald. They rang him in the small hours and demanded he file a story. Garret demurred. He had a new job now, he explained, he was Minister for Foreign Affairs. That was all very well, retorted the caller, the Financial Times still needed a story. Garret did the story. Garret FitzGerald has a clean sense of fun. Indeed, his sense of humour wouldn't be out of place in anun's recrea- tion room. He was enormously tickled on one occasion when a telephoned report to the Irish Times announced that "the Taoiseach was embarrassed" when it should have read "the Taoiseach was in Paris". "Who, me embarrassed?" he burbled. "Look at me, I'm not embarrassed! " When Michael O'leary told a somewhat blue story to J oan FitzGerald, FitzGerald ticked him off later. Not that the redoubtable Mrs FitzGerald needs much protection in any discussion. Despite the chronic ill-health which makes it difficult for her to travel or move about easily, she is forthright and intellectually independent of her husband, while so shamelessly loyal to him that shehas no compunc- tion about ticking off TDs or journalists who have been in her eyes less than fair. MAGILL FEBRUARY 1984 9 During one election campaign, Garret FitzGerald gave me an interview on anoisy flight to Cork. Informal asever, Mrs FitzGerald sitting beside him, put in an occasional comment. She complained that I was concentrating too much on economic matters. "Olivia O'Leary ," she announ- ced to the airplane at large, "is doing a very boring inter- view with Garret. It's all about economics." When I wrote her into the report of the interview next day, she tackled me down the length of the luncheon table. "You made me sound" she announced "like apistol-packing Momma." "But, Mrs Fitz," murmured one of the assembled hacks admiringly "you are a pistol-packing Momma." The press corps who travelled with her liked her enormously, liked her directness, liked the motherly eye she kept on certain young men who showed the ravages of the night before, and admired the courage with which she faced into acam- paign schedule which would have daunted someone in the best of physical health. She and her husband tried on these long tours to keep some semblance of family atmosphere. Accompanied by their son Mark, they had meals together and tried to put aside a quiet hour or two, for instance, to read to one ano- ther. On one tour, they were reading Vera Brittain's "Testa- ment of Youth". They are both interested in theology and have attended conferences of the Irish Theological Associa- tion. Dr Enda McDonagh of the ITA is a close family friend. That secure family background matters very much to FitzGerald. He keeps in touch with his wife throughout his working day and rings her frequently during the day when he's abroad. They live in the basement flat of their house on Palmerston Road - son Mark and his wife Derval, daughter of Chief -J ustice O'Higgins, live upstairs. The FitzGeralds have no full-time housekeeper, but some daily help and help with.cooking if they are entertaining. Entertaining is simple - lasagne or roast beef and lots of rioja downstairs in the flat. It usually involves family and a mix of political and academic friends, many of them from FitzGerald's old UCD days. Martin McCullough of McCullough Pigott's - recently appointed Chairman of the Arts Council by FitzGerald - whose father Dinny was President of the Supreme Council of the Irish Volunteers in 1916, is aclose friend - his niece Katherine Meenan acts as personal assistant to Garret. Other old friends are Profes- sors J ames and Paddy Meenan of UCD, the former Senator Alexis FitzGerald of solicitors McCann, FitzGerald, Roche and Dudley, who first persuaded FitzGerald to run for the Dail in 1969; Senator J im Dooge, former Foreign Minister and Professor of Chemical Engineering in UCD; Helen Burke who lectures in UCD's social science department and her husband Kevin. Professor Desmond Williams, professor of history at Den and refreshingly unstuffy company, is a friend as is Gabby Hogan and his wife J acintha. Hogan is the SAAB agent in Ireland - in opposition and government FitzGerald uses a green SAAB. Hogan, an enterprising import/export agent is a former student of FitzGerald's, a hospitable and generous host, very much a personal rather than apolitical friend. His house in Sandymount is said to be one of the few places outside his own home where FitzGerald really relaxes. FitzGerald and Michael O'Leary worked out the 1981 coalition agreement there. Grainne O'Flynn and her husband Paddy are friends who also date back to Garret's UCD days - Mrs O'Flynn has just been appointed to Gemma Hussey's new curriculum board. On the crest of the UCD Gentle Revolution of 1969, Fitz- Gerald, who sympathised with the students, spoke at the student sit-ins and tried to curb the more politically radical elements of the mutiny, helped plan a liberal onslaught on the governing body. Then an economics lecturer, he joined with Paddy O'Flynn, then prominent in the Irish Federation of Univer- sity Teachers, Gus Martin, Paddy Masterson, Brian Alton and Sr Benevenuta to run a liberal panel for election to the governing body. They all got elected except O'Flynn. Despite differing political views on Northern Ireland, J ohn Mulcahy, the former editor of Hibernia, and his wife Nuala are friends, as is Labour's former Minister J ustin Keating, a close cabinet buddy of FitzGeralds in the 1973- 1977 coalition, and lovely Fine Gael convert Michael O'Leary - all have spent holidays with the FitzGeralds in _ l: <' - I i Provence or in Schull. The usual New Year's Eve Party in FitzGerald's house would involve amix of these people, friends of FitzGerald's children, former students like Brendan Dowling, Davy's stockbroker, UCD historian Ronan Fanning, European Commission Office Director in Washington, Denis Carboy, Sean Donlon and Michael Lillis of FitzGerald's beloved Foreign Affairs. As often as not the three grandchildren, Doireann, Iseult and the baby, daughters of J ohn FitzGerald, who works in the Department of Finance, and Labour Councillor Eithne FitzGerald, are the centre of a social gathering at the FitzGerald's and this New Year's Eve they sang carols at the foot of aChristmas tree lit with real candles. BEN FITZC ERALD FINISHES A LONG DAY IN CABINET HE LIKES TO GO home and talk to his wife, to read to her - at the moment MAGILL FEBRUARY 1984 11 she's in the middle of a Michael Innes trilogy. He himself enjoys novels and detective stories. Trollope and Graham Greene are favourite authors but his tastes areheterogenous. He doesn't like rereading books, except for cherished chil- dren's books or books about children. "Alice in Wonder- land", and American children's books like "Helen's Babies" and "Other People's Children", books by Rumer Godden and L.P. Hartley. Staying overnight once in former Liberal Leader J o Grimond's house, he was delighted to find a book-case of children's books belonging to the Grimonds and the Bonham-Carters, and the Asquiths and to find he had read eighty per cent of them. He loves children, and everything about them, and when as a student he organised aparty outside in Iveagh Gardens it was specially for children. He reads a lot of history and biographies, books on theology, moral theology, dogmatic theology and Chris- tology, and on cosmology. He is enthusiastic about abook he read recently on the first three minutes of the universe and the arguments as to whether the universe is going to expand and die or contract and implode. He enjoys music as an untutored listener. He enjoys Mozart, Beethoven and a favourite piece of easy listening is Bizet's "Carmen". He's never been sport-oriented. As a schoolboy he played football only twice until he discovered that the ball didn't stop where he was, he had to chase it, so he gave it up. He prefers a glass of wine, or cider or agin and tonic to beer and he's never taken naturally to pubs. Hehas pointed out that since he decided to get married at the ageof nine- teen, he didn't really have abachelor period and missed out on going to pubs, so he never got used to it. In any case, it may be true that pubs in the past were all male domains and FitzGerald has never seen the attraction lof all-male company. \ Despite his international reputation, and there is no doubt that in EEC circles FitzGerald ishighly respected, he has never had any doubt that his political home is Ireland. His home, his friends, his interests are that of a Dublin 4 or 6 academic Irish gentleman. He points securely to his Southern politician father and his Ulster Scots nationalist mother as impeccable political forebears. He doesn't feel the need to search for rural origins, or hurley playing uncles, or to wear a badge declaring "Dublin 4 is Ireland, too". His Catholicism is an essential part of his Irishness and his view of aNew Ireland, "anon-sectarian pluralist Ireland" (he rarely uses the term 'secular') presupposes the develop- ment of Irish Catholicism along liberal post Vatican II lines. It is this dual approach which makes FitzGerald suspect from the hierarchy's point of view. Reds and Prods can be dealt with. Miraculous meddlers within the Church are a much more dangerous proposition. FiTZGerald has the dual impertinence to be an amateur theologian and to tangle with the bishops publicly on poli- tical issues. Hehas tackled Bishop J eremiah Newman on the bishop's contention that laws reflecting Catholic mores should not be changed for a five per cent Protestant mino- rity, but could be changed for a twenty-five .per cent Pro- testant minority in a united Ireland. FitzGerald called it "specious and casuistical. I think it should be rejected by every honest Christian politician." He has confronted Bishop Cathal Daly on Catholic Church ambiguity towards violence and, more indirectly, the Cardinal on ambiguity towards Sinn Fein. He has, in a Furrow article reminded the bishops that they are ashuman as politicians ... "in aChurch structure based on authority there may be more opportunities for the abuse of power than in apolitical system based on democracy." As an urban liberal Catholic, he identified in "Towards aNew Ireland" the two great orthodoxies which have domi- nated Irish life and whose monopoly he is determined to challenge: "The pre-Vatican II orthodoxy in the Catholic Church, exclusivist and triumphalist - and the neo-Gaelic cultural orthodoxy, which sought to impose on a very mixed Irish society the traditional cultural values of the rural Irish-speaking tradition." He has come slap up against both thse orthodoxies, large as Irish life, in the New Ireland . Forum - the first in the shape of the uncompromising Catholic bishops presentation to the Forum, and the other in the guise of Fianna Fail whose leader has continued to argue for no deviation from the demand for aunitary Irish state. The tensions which now exist between government and the hierarchy might have been less had the Forum secre- tariat been more thorough. A number of groups, including the Protestant Churches received a notice from the Forum in J uly advising them that there was anewspaper advertise- ment requesting submissions. With extraordinary oversight, the Forum failed to send MAGILL FEBRUARY 1984 13 such a notice to the Roman Catholic Church who were unlikely, without prodding, to want to brave the political sensitivities of a Forum presentation. It was October before the Church was directly approached for a submission, a matter about which Cardinal 0 Fiaich has been heard to complain, since by then he was in Rome for ameeting and had to farm out the writing of the report to asub-commis- sion. The final document never went before a bishops meeting and the Cardinal isknown to have misgivings about the crudity of some of its declarations i.e. "A Catholic country, or its government, where there is a very substan- tial Catholic ethos and consensus, should not feel it neces- sary to apologise that its legal system, constitution or statute, reflects Catholic values." A Northern Catholic bishop could hardly fail to wince at the echoes there of "A Protestant state for a Protestant people". The fact that the document was presented in that form says something about the strength of the Dermot Ryan wing within the Southern hierarchy. Mr Haughey, whose unitary state idea is probably most damaged by the Church's statement, waved his delegation to silence in the chorus of condemnation that the report produced from Forum members, in aprivate session, but he made it clear later that he was angry and disappointed. Garret FitzGerald was also angry and disappointed but rebuked a government backbencher who came out publicly and had ago. Was it a case, as J ohn Wilson of the Fianna Fail delega- tion droned ponderously, of "Roma locuta est; causa finita est?" Hardly. If FitzGerald believes what he says, which is that the orthodoxies, the conservative forces in this country determined to avoid change, are destroying the possibility of eventual unification, then he can't let the bishops state- ment go unchallenged in the final report of the Forum. The J ohn Hume wing of the SDLP would be with him, and the Labour party. But what of Charles J . Haughey, the guarder of the two great orthodoxies? Mr Haughey, being a practical Fianna Faller, never wanted the churches in on the Forum act in the first place, but now that the Catholic Church has been forced to declare its hand, can Mr Haughey be seen to dis- agree with it? No change, as Bishop Newman says, until we have a united Ireland? May not the twin orthodoxies of triumphalist Catholicism and not-an-inch republicanism bring the Forum to amessy end. The Forum at this point has adifficulty. It isunderstood that FitzGerald wishes to publish a report which presents the three options studied - unitary state, federation or onfederation and joint authority - with the arguments for and against but not plumping for any particular one. J ohn Hume might agree to this but Seamus Mallon has condemn- ed it as a dolly mixture. Mallon represents astrong faction in the SDLP who want the Forum to plump for a united Ireland option. The difficulty is for Fianna Fail - whether indeed Mr Haughey can find it possible to stand behind areport which oes anything less than demand a unitary state, or federa- :ion within aunited Ireland. FitzGerald knew' he would anger unionists and lose the pport he had built up with Robert McCartney-type Nor- em Protestants, by setting up what was inevitably going :0 e a nationalist Catholic debate. He did it out of his ;;ca regard for J ohn Hume, he did it to sh5\lwthe SDLP -e:e still a real political force determined to pursue poli- tical change in Northern Ireland. He did it hoping that it might help nationalists to face up to the real cost of unity in terms of tolerance, patience, and fundamental social change. But he did it, too, to show he was capable of being as busy about Northern Ireland as Charles J . Haughey, and that in the end, may be all it achieves. FitzGerald has developed a tendency to speak at length about his prin- ciples but to do what the immediate political situation demands. Hesometimes mistakes the saying for the doing. His commitment to the Forum (neither he nor Mr Haughey have missed a session) hasn't been resented by his cabinet colleagues. Indeed they would rather see a lot less of him - across the cabinet table that is.- than they have been doing. One minister put it in heartfelt fashion. "Do you know, when I get into a plane to go to a meeting abroad, and everybody's sympathising with me for having to leave home, I close my eyes and say 'Thank God. I'll miss the cabinet meetings'." His relationship with Dick Spring is cordial but not cosy. Spring treats him with the same scepticism he applies to most people. He sits back and watches Garret's verbal and physical jerks with all the serenity of a Kerryman who knows that the less you say, the brighter people think you are. Spring, it is said, sits silently through hours of talk and explanation from Garret at cabinet, and then announces baldly: "That's not acceptable to us." Consultations between the two men are informal. Fitz- Gerald rarely sits down, but pops his head around Spring's office door and announces a decision or demands an opinion. Spring, not the friendliest little soul, stays sensibly in his seat. ... .~ HE MEETINGS WOULD SOMETIMES START AT ELEVEN AND GO ON with the odd break until nine at night or occasionally into the small hours of the morning. "You asked yourself," said another cabinet member, "did the man ever drink, eat or sleep." With the budget in sight and FitzGerald loose on the figures, they were lucky to get home at all. He gets drunk on figures, drools over them, hungers after them, his arith- metical lust is insatiable. No decent figure is safe in his company. He even assaults tots done by the Department of Finance itself. During one cabinet meeting he undressed a Department of Finance tot and discovered an adding mis- take of 3.8 million. Hewas ecstatic. His obsession with figures, critics say, shows his agility as a statistician rather than an economist. Indeed he has little formal training in economics. His first school was at St Brigid's in Bray. He then went to the Irish-speaking boarding school at Ring, Co Waterford - his spoken Irish is still ropey but he has completed for the Royal Irish Academy a study on the extent to which Irish was spoken between the mid-eighteenth and the mid-nineteenth cen- tury. From there he went to the J esuit College, Belvedere where one of his classmates was Archbishop Dermot Ryan. Gll.L FEBRUARY 1984 At UCD his bachelor's degree was not in Economics. He took first class honours and first place in both History' and French. He studied law at the King's Inns and was called to the bar in 1947. By 1950, he had made his way up the ladder in Aer Lingus to take direct responsibility for economic planning, the determining of rates and fares, scheduling and purchase of aircraft. He worked so energetically, they say, that when he left, Aer Lingus replaced him with four executives and a com- puter. His interest in economics was developed in Aer Lingus, and when he left to work as afreelance journalist he wrote about university financing for the Irish Times and then broadened his focus to the economy generally. He worked as an Irish correspondent for the Financial Times and the Economist Intelligence Unit engaged him as its representa- tive in Ireland. He then started to work as an economic consultant for Irish firms and set up Economic Intelligence Unit (Ireland) Ltd, of which he was managing director until 1972. It was as late as 1969, however, that FitzGerald took his first degree in economics - aPhD from UCD for astudy of Irish state-sponsored bodies. The allegation that FitzGerald's view of economics is arithmetical rather than practical would seem to be borne out by recent budgets. As those who sat through the end- less budget meetings will attest, FitzGerald has an irresist- ible urge to tinker. He can be easily distracted by details. His ability to fix on a broad objective and to keep to a policy line is weakened by the need to juggle with the smallest figures. "He has an extraordinary mind," says a colleague who has worked with him in cabinet, "but it has -no filter, no perspective, no defence mechanism against all the interesting but irrelevant details which come to distract him." The result is that no clear economic policy line has as yet emerged from his government. It was FitzGerald who focussed the public mind on that growing mountain of state indebtedness, on the level of the current budget deficit, on the profligacy of state spending. He acted as a sort of national bank manager, warning that the account was woefully overdrawn, asindeed it was. On this front he has had a limited success. The high rates of growth in public expenditure and the size of the public service, which characterised the late seventies and early eighties, is now under control. The problem -isn't solved but it's under control despite the difficulties posed by a grow- ingyoung population and its demands on state services. But borrowing continues at a very high level. The exchequer borrowing requirement increased this year con- siderably from 1,756 million to 1,874 million. And with all his talk about the need to bring down the borrowing level and assure foreign bankers of our credit- worthiness, he has managed in this year's budget to under- mine the securest source of government finance - the government's own bonds - by taking away the incentive to invest in them - by making dividends from the bonds fully liable to tax. As a result investors tried to sell 1,000 million worth of government bonds on the day after the budget, representing about one-sixth of the 6,500 million that the government has borrowed from domestic inves- tors. The danger is that this could result in additional foreign borrowing (though FitzGerald has denied this), as well as being inflationary, thus damaging the government's main achievement, keeping inflation down. Having started, however, on the path of contraction, he has preferred to deflate by his personal taxation rather than by sensible and possible cuts this year inpublic expenditure. Why not cut back wasteful expenditure like the IDA's 22 million for advance factories when they've already got 2~ million square feet of empty factory space? Why not cut the 2 million for the refurbishing of IDA offices, the 9 million for the ESB to build itself a new headquar- ters? Is 140 million for local housing necessary' when councillors in counties like Waterford will tell you that their housing lists are depleted. The high personal taxation needed to finance these projects is itself inflationary in that it leads to higher wages. But here, one is up against FitzGerald's reluctance as a social democrat to follow the logic of his own economic analysis - heavier public spending cuts. Neither would his Labour colleagues in cabinet thank -him for it, except perhaps for Barry Desmond who has developed a zealot's rage at inefficient public spending. His budget has left almost every sector unhappy because it is directionless. The commitment to employment crea- tion he speaks of so often must, in the logical development of his deflationary policy, wait for a real upsurge in the economy. But there could have been painless enough ges- tures to job creation, removing the sort of disincentives J ohn Bruton has spoken about, the heavy burden of PRSI on employers. PRSI actually goes up by half a percent in this budget. As for the budget's being "neutral", one has to ask, as they did during the emergency, "who is it neutral against?" For PAYE taxpayers, the real impudence of this budget is the impression given that some small relief has been granted to the PAYE section. Despite all the careful leaking of the term "neutral" from government sources before the budget, and all the fancy figures done by Alan Dukes on the relief for carefully chosen individual taxpayers, the figures show that the government's income tax take increased by 205 million last year and by 288 million this year. Is this the government's attempt, as Mr Dukes promised last year, to move from the taxation to the expenditure side of the equation? Watching the run on government bonds, and listening to his Finance Minister debate on the radio post-budget programmes the dilemma posed for those who have tall nine-year-old children who take twelve-year-old clothes, one wonders at FitzGerald's unerring ability to wander into the Land of the Little People. It seems extraordinary that a man who has fought and schemed so successfully to bring his party into government should seem to lose touch with reality once in government, should so miscalculate the dras- tic effects of relatively minor adjustments. He had two sub-committees to advisehim on the budget - one on its economic and the other on its political effects. Maybe Garret wasn't listening. He tells a story about his childhood in Bray, where he loved to watch the trains go by. In the summertime, the train used to stop at the local hotel to let guests off. They must have been very important people, he thought, if the train stopped specially for them. He wondered if the train would ever stop for him. In time, indeed, it did, and he's where every small boy would like to be, in the driving seat. All he has to do now is decide where he's going: The debate on the Criminal Justice Bill raises questions about the wider powers being given to the police. The powers and methods which are now being. legitimised by the Bill barged their way into Christy Lynch's life and tore a family apart. 1.A Job For Mr Martin Christy Lynch had a key, but he knocked on the door. No answer. He opened the dooi and went in and up the stairs: There was music coming from the bedroom, a radio playing. He had work to do but he didn't want :he woman in the flat to come out and suddenly happen upon someone - give her the fright of her life. He knocked on the door. No reply. He opened the door, put his head in. Vera Cooney ~<5 dozing in bed. She sat up with a start. "Sorry, I didn't mean to frighten you. I'm doing ajob for Mr Martin - papering and decorating." Christy Lynch was a soldier, a gunner with the 2nd Field Artillery Regiment stationed in McKeebarracks. He left national school just before turning 14 and had a year at Tech. Then he went to; work in the dispatch department of the Independent. Then a series of jobs - Taylor Keith, Hely Thorn, the Corporation, a few more. He got married in 1972 and joined the army the following year. In 1974 his daughter Debbie was born. In 1976 he was 26 and living in a flat in Port- mahon House, Rialto. The flat was owned or managed by Stuart Martin of Brent Ltd, electrical manufacturers. Christy did nixers for Martin, odd jobs, decorating and the like, at the flats at Portmahon House. Early in September 1976 Stuart Martin asked Christy to do somewallpapering, painting and plastering at another house owned by Brent Ltd, 77 Strand Road, Sandymount. He would pay Christy 80. Around this time Christy Lynch was going through abad patch. Hewas gambling alot, on the horses and dogs. Losing part of his wages and then going out with the rest of the money, sure he could win it all back - and losing that too. It was beginning to cause trouble at home and Christy was catching on to himself. On September 2 or 3Stuart Martin drove Christy out to Strand Road. On the way out he stopped and got an extra key cut. Christy would need- the key as most days the house would be empty. The house was two-storey, Victorian style, in two flats. The bottom flat was empty. The top flat was occupied by Vera Cooney. 2. A Red Renault The job began on Sunday September 5 1976. That was the morning that Vera Cooney was lying on in bed when Christy arrived. Christy worked away until about 5.30. He was about to pack up and go home when Vera Cooney came out of her room wearing a long housecoat. She asked Christy if he'd like a cup of tea. They drank tea and talked, had a great conversa- tion. Christy thought she was a very nice person, a bit lonely maybe, full of talk. Vera Cooney was 51. She worked for the Dublin Gas Company and had done so for 28 years. Neighbours would say later that she didn't mix much, didn't often speak to people, but when she did she was friendly. Some thought she was a bit nervous of living alone. They said she put a "Guard Dog" sign on the gate, al- though shehad no dog. Stuart Martin of Brent Ltd, who owned the house, was Vera Cooney's brother-in-law. Vera looked after the house and in return had the upstairs flat rent-free. She had lived there for ten years. After that first day's work Christy Lynch went off to the Glen of Immal with his unit. He didn't go back to 77 Strand Road until Wednesday Septem- ber 15. The house was empty and he worked there all day without seeing anyone. Saturday September 18. Christy Lynch was a bit late getting to work at McKee barracks. Hehad been at the dogs in Harold's Cross the night before and had lost. He and his wife Marie had argued about what he was doing with his wages. He worked until about 12.30pm, changed into civilian clothes and walked up into town. Christy likes w..@ng, never gets a bus, walks everywhere. It helps you think. He visited a coin fair in the Gresham Hotel, just for ten minutes or so. He had an old coin and he had made enquiries about it previously and had a letter from the museum saying it was valuable. Someone at the coin fair told him to ' go around to "the man with the funny name in Cathedral Street". Christy went around to the coin and medal shop run by Emil Szaver and found that the coin was worthless. He walked on out to 77 Strand Road. This was about 1.30pm. There was no one in the house. Christy turned on the radio in Vera Cooney's .. room. There was something boring on the radio, something about cows, something about a fire. He turned it off. He was in a bad mood, annoyed at himself because his gambling was causing rows at home. His mind was wandering. He wasn't in the mood for working. There was an electrical cable hanging down, running across Vera Cooney's door. It was dangerous, he thought, and he took it down. That was as much work as he wanted to do that day. He pulled a few bits of wall- paper off the wall, picked up some screws that had fallen, cleaned up and left. It was about 2.30pm. As he walked away from the house he saw two young men pushing a red Renault. He walked back to Rialto and went into McCauley's pub for a pint. He walked some more, down by the canal. He sat down, sorting things out in his head about the gambling, the messing. He liked his job, liked the army life, had a fine marriage and a lovely two-year-old daughter - gamb- ling wasn't fun any more, it was a problem. He knew the argument with Marie had been his fault. He went home. His wife was up visiting her mother. Heput on the kettle and went across to the Mascot, bought a pack of cigarettes and two birthday cards. His father's birthday was next day - one card from himself and Marie, one from little Debbie. After a cup of tea he went up to see his father, who was in bad health. That evening he also met Eugene Delamere, aged 18, a friend who had helped him on a couple of previous nixers. He'd be doing the stairs at 77 Strand Road next day, would Eugene give him a hand with the ladder? They agreed to meet at 11amnext day. Christy got home that night before 9pm. His wife was there. He had wan- ted to get home in time for a pro- gramme he liked. Starsky and Hutch. MAGILL FEBRUARY 1984 19 3. Murder There was a message on the patrol car radio. Report of a body found. Strand Road, Sandymount, number 77. Garda Martin Hynes was driving, Garda J ohn Dineen took the call. It was shortly after noon on Sunday September 19. The house was on a corner on the seafront. The ESB station out there just across the water. There was an ambu- lance there when the two gardai arrived. The two ambulance men from the fire brigade were inside the house, with Christy Lynch and Eugene Delamere. Garda Dineen spoke to Lynch. Lynch told him that he and Delamere had come here to do some wallpapering and found the body. "It was an awful thing to come across," he said. Garda Hynes asked Lynch to come upstairs and look at the body. Lynch was reluctant at first but went up any- way. He appeared shocked and was very pale. He asked if he could get some fresh air. Christy Lynch had left home that morning at about 11 o'clock to meet Eugene De1amere and go to Strand Road. They got there at around noon. Christy opened the door and Eugene went in first, astep or two ahead, in and up the stairs. Eugene stopped. There was something at the top of the stairs, legs and hands. Lynch, looking past Delamere, could see the body, something covering the head. They went on up, Lynch first. There was aquilt or bedspread of some kind covering the head. Lynch bent down and pulled it away. There was a knife sticking out of Vera Cooney's chest. Both men turned and ran down the stairs. Delamere got to the door first and opened it. Lynch called him back. They should call someone, call the police. There was a phone in the hall and Lynch rang 999. He couldn't get through. He handed the phone to Delamere. "You hold the phone, ring 999 again, dial again. I'm going up to see is there anything I can do." Lynch went back up the stairs. Vera Cooney was dead, no question. Down in the hallway Eugene Delamere dialled 999, then dropped the phone in panic. He thought there might be a madman in the house. Lynch came down and called for the police and ambulance. When the ambulance came up Gilford Road and around into Strand Road Eugene Delamere was standing at the corner, waving, this way, over here. Christy Lynch was standing at the gate. The gardai arrived then and after a while there was quite a few of them. Lynch and Delamere were asked to come down to lrishtown garda station and make statements on finding the body. They got alift down from a Sergeant Sweeney. When they got to the station Sergeant Sweeney got them water, two or three cups each. 4. Heavy Days The week before Vera Cooney was murdered was an event- ful one. There was continuing controversy about an inter- view Conor Cruise O'Brien had given to the Washington Post in which he revealed that he had been keeping a file of letters published in the Irish Press and, no, he couldn't do much about the people writing the letters, but maybe the editor, Tim Pat Coogan, might find himself in a good position to do the inside story on Mountjoy. RTE scrapped 7 Days that week and there was much speculation as to why this had been done. The day before Vera Cooney was murdered, Friday 17, Fianna Fail announced its plans to cut taxes. There was an economic emergency, they said, and as soon as they got back into power they would put the country back on its feet. There was even bigger news that day. President 0 Dalaigh called a meeting of the Council of State. He wasn't happy with the Emergency Powers Bill which the government was bringing in. He wanted to refer it to the Supreme Court to test its constitutionality. This was the action which would lead to the Minister for Defence, Paddy Donegan, publicly insulting the President in front of units of the army, the Taoiseach, Liam Cosgrave standing by his Minister and the President resigning. The Emergency Powers Bill was one of those pieces of legislation that was going to smash the IRA, attack the rising crime rate and enable the citizens to sleep easier in their beds. Such Bills were brought in every now and then after some atrocity caused public disquiet. Demands would be made for something to be done and the politicians would draw up yet another Bill to take the handcuffs off the police and let them get at the criminals. The murder of the British Ambassador had givenrise to this latest Bill. This was a truly spectacular production. It involved declaring that aState of Emergency existed in the Republic. This meant that the State of Emergency declared in 1939 and existing for nearly forty years would have to be de- clared over and a new Emergency declared. It also more than hinted at government curbs on the press. This was not academic: Hibernia, the Irish Times and the Irish Press all found themselves in court during that period charged with printing matter that cast doubts on the behaviour of the police and the Special Criminal Court. The most contentious clause in the new Bill was the proposal to allow the gardai arrest and detain people for seven days. They need only have a "reasonable suspicion" that those people had been up to no good. It was believed - not widely, but by a considerable number of lawyers, journalists and others who in the course of their work came into contact with republicans - that the seven-day deten- tion was designed to allow a lengthy period for the bruises to fade after suspects had been interrogated in the first 48 hours. The belief was based on experience. An informal but identifiable group of gardai had been formed unofficially. These were known to their colleagues as The Heavy Gang. In February 1977 the Irish Times would describe them thus: "The nucleus of the 'Heavy Gang' comprises plainclothes detectives drawn from the investigative section of the Garda Technical Bureau. They are assisted at times by members of the Special Branch and other units of the force, directed by some officers of C4, the official title of the Technical Bureau. They operate from a base at the Technical Bureau headquarters in St J ohn's Road, Kingsbridge, Dublin, and act asaflying squad travelling to all parts of the country; Local uniformed gardai rarely participate in their interrogations." This group systematically extracted "confessions" from suspects. They used violence and various forms of pressure including depri- vation of sleep, threats, isolation from outside contact, the Mutt and J eff routine (nice cop, nasty cop, alternating) and anything else that came in handy. They were untrained, unsubtle, brutal and inefficient. Lots of people had known about this for some time.Tn ----=- ;9-:::6 ,ne Sunday Independent: had even carried an interview with an anonymous member of the Heavy Gang. "There is nothing sinister in what we do", he said. "We know they are guilty. Wealso know that evidence must be produced for the Court and often that evidence is not there. Our job is to find out the truth. There is only one way these fellows understand. There isno use treating them with kid gloves. Wenever use instruments. Weare doing a job for law-abiding citizens." There was no secret about the Heavy Gang, it was just that mostly the allegations about them seemed to come from individuals who would themselves have little com- punction about punching your ticket if they-thought that was what the occasion called for. Government Ministers made it clear that anyone casting aspersions on the police was a Provo or a Provo fellow-traveller. Most people dis- creetly and prudently found something elseto be concern- ed about and the few voices raised to suggest that this might not be the most democratic way to run a country were dismissed or quickly stilled. It was atime when Dublin Corporation hired aman with a little three-wheel van to go around the city pasting brown paper over the political posters. It was called Keeping Dublin Tidy. The thing that nobody seemed to notice was that emergency laws didn't work. There were more gardai, with wider powers, but crime kept rising. From the begin- ning of the 1970s there was atruly dramatic fall in the rates of detection. As the emergency laws multiplied, the tradi- tional scientific methods of police work took second place. Short cuts became routine. By the late 1970s the Barra o Briain Commission would be told that 80% of convic- tions for serious crimes were being secured by confessions. In short, the politicians' response to crime had produced a police force that wasn't very good at police work but was adab hand at getting people to "confess". It was in this atmosphere that the investigation into the murder of Vera Cooney took place. There was a lot going on that week, few paid much attention to the discovery of the body. The Irish Press and Irish Times carried short mentions of the murder on Monday September 20. The Independent made the most of it. Front page, above the fold, large type: "Gruesome Bedroom Murder". The opening paragraph read: "The brutal murder of a forty-year-old blonde spinster in her Sandymount, Dublin, home yesterday morning is baffling gardai." Wrong and wrong. She was 51, the murder was the day before yesterday and gardai weren't baffled at all. The case was a cinch. 5. Helping The Police With Their Inquiries Vera Cooney died hard. She vias strangled first and there were scratches on her neck where she apparently tried to pull at the thing that was choking her. The strangling didn't kill her. She was still alive and she was stabbed three times in the chest. The third thrust was so powerful that the state pathologist had to straddle the body on his knees and use a pliers to extract the knife. Medical evidence could only establish that she had died some time between 9am and 9pm on Saturday, the day before her body was found. No fingerprints were found in the house, apart from Vera Cooney's. There was a considerable sum of money left untouched in the downstairs flat. Nothing had been stolen or interfered with. A bathroom window was open, but it was a difficult way to get in. Three people had keys to the house: Vera Cooney, Stuart Martin and Christy Lynch. After spending some time at the garda station Christy Lynch and Eugene Delamere were asked to come back at 4pm and make their statements. Lynch knew his wife would be visiting her mother, and anyway it was his father's birthday, so he went to his parents' home. He told them what had happened. Then, back to lrishtown garda station at 4pm. Christy Lynch had never been involved in a policy inquiry before. He had no police record and couldn't remember ever being in a police station. He was asked to give his fingerprints and did so. Heknew they did that for elimination purposes. The police gavehim tea. There were sandwiches, but he was too upset to eat. The statement was read back to him and he signed it. Over four years later the Chief J ustice of the Supreme Court, Tom O'Higgins, would say that at that stage "one would have expected in such circumstances that (Lynch) would have been thanked for his cooperation and encouraged to go horne to his wife and family." Garda evidence would later be that at that stage and for a long time afterwards there wasn't the slightest suspicion that Christy Lynch had been involved in the death of Vera Cooney. "Is that okay now?" asked Christy Lynch. "Can I go?" "There might be afew more things wewill have to goover", said agarda. In theory, Christy Lynch could have walked right out the door and there wasn't a thing the police could do to stop him. You'd want to know your law to feel confident about doing that - and you'd be less than a good citizen if you didn't do everything possible to help the police in their inquiries. Christy Lynch didn't know that much about the law - and, besides, he was a good citizen, a soldier of the state, a member of the security forces that Ministers get dewy-eyed about when they talk of holding the fabric of society together. Christy Lynch stayed. You want help, game ball, any- thing I can do. Eugene Delamere's statement was taken and he too stayed on or was kept in the station for several more hours. He began falling asleep. He was awakened by the sound of Christy Lynch shouting from somewhere in the station, "I didn't do it." 6. Phone Calls Marie Lynch left her flat in Portmahon House, Rialto, and went to aphone box. It was about lOpm that Sunday night. She had returned from her mother's house at about 6pm. An hour later, Brendan Lynch, Christy's brother, called round and told her about Christy finding abody and being down at the station in Irishtown. Hehad visited his parents earlier that day and they had told him. At about- 5.30pm his mother had asked him to ring the station and find out when Christy was coming home. He did so and was told it would be sometime later. He gave Mariethe number of the station. Marie zangthe number from the phone box. Yes, Christy Lynch was there. Could I speak to him? Hold on aminute _2 MAGILL FEBRUARY 1984 - there was apause - yes, you can, hold on .... At the station, Christy Lynch was told his wife wanted to speak to him. Hewas taken to aphone and picked it up. Hello? The phone went dead. Back in the phone box. "I'm sorry, Mrs Lynch, you may not speak to your husband, he's being questioned." Is he coming home? Could you let meknow for definite? Couldn't say. Will you send someone out and tell me if Christy isn't coming home? Marie Lynch stayed up until 3am. No sign of Christy. In court, the gardai would deny that any such calls were made. They had the station log book to confirm this. No such calls. Not even the one that Brendan Lynch made from Sundrive Road garda station. Hehad gone there some time that night, said he couldn't get through, would the garda there ring for him? Sure, no bother. The garda rang. The garda swore in court that he rang. There was no record of the call. 7. Interrogation It was cold. This new room hadn't had the heating on. The gardai had just got the keys to it and one of them was bringing Christy Lynch in. Christy had been in this room and that, this garda coming, that one going, sit down there a minute, come on out here. Anywhere he went there was a garda with him. He went to the toilet, there was a garda. Now, in the cold room, he had just come in, he was pulling his coat around him, the garda who had brought him in turned around and said, "Why did you do it?" Christy looked at him. "What?" "Forget it", said the garda. Various gardai would swear in court that Christy Lynch stayed in the station voluntarily, that he underwent all that followed of his own free will. At no stage, they would swear, did Christy Lynch ask to go home. The events of that night and the next morning as des- cribed here are from Christy Lynch's point of view, as taken from various transcripts, summaries, press reports and interviews with people present at the trials that followed. All allegations have been denied on oath by the gardai con- cerned. Christy Lynch had made his initial statement and they were asking him questions about it, just chatting. It is midnight. Perhaps. Christy Lynch doesn't have a watch. He has lost track of time. Before this is over he will see dark outside the window and see light outside the win- dow and make a guess. It is, he thinks, about midnight. It is eight hours since he came to the station, twelve hours since he found the body. "Why did you do it, Christy?" At first it was can I go now, are you finished - just a :ew more minutes, Christy. Now he is, according to his restirnony, insisting that he wants to go home. 'Why did you do it, Christy?" At 130am Detective Inspector J ohn Courtney and Detective Sergeant Michael Canavan arrived. According to Christy Lynch's evidence, the two detec- rives sat him down, one on each side of him and told him :::'e:- wanted a statement admitting to the murder. Court- L:=:- and Canavan denied this in court. '~-e are The special boys", said Courtney, according to G~~'_ "were experienced at getting confessions. We've ~::=-::::o~=:;s 0; mmC-CIS 2.D.l! know a murderer just by looking at him." Courtney denied this. Christy said in court that he was called a murdering bastard, that Canavan said his fingerprints had been found on the knife. "Did you touch the knife when you found the body?" Christy saw this as a ploy, an offer of away to get himself off the hook, to say he touched the knife when he found the body so it would look like he had reason to fear his fingerprints were on the knife and he was trying to ex- plain them away. He knew he hadn't touched the knife. Sergeant Canavan denied that all this happened. It is now 3am. Courtney and Canavan leave and are replaced by Detective Inspector Finlay. He is friendly, a father figure is Christy's description, and he looks abit like Christy's father. It is eleven hours since Christy came to the station, fifteen hours sincehe found the body. According to Christy's evidence the conversation went like this. "If you tell me, Christy, I'll help you. If you confess to me about this I'll personally try and get you down for two or three years. If not - we will prove you guilty anyway and get you ten or fifteen years." "Inspector Finlay, I didn't do it. I never harmed any- body in my life." "If I walk out that door now I will be finished with you. There's nothing I can do for you to help you." Christy asked were his fingerprints on the knife, like Canavan had said. "Well, I couldn't say at this stage." Christy had mentioned earlier that his father was ill. Finlay now said, "A long drawn-out trial would kill your father, and if you admit to being guilty the trial will be over in a couple of days. There will be no notice in the paper and it won't affect your father at all." Later. "Is there any chance of getting out of here?" "No, you won't be able to leave for awhile yet." Inspector Finlay denied in court that any of this hap- pened. It is now 4am. It is twelve hours since Christy came to the station, sixteen hours since he found the body. Finlay leaves. Courtney and Canavan come back. 8. Strip It is lOam on Monday September 20. It is sixteen hours since Christy Lynch came to Irishtown garda station. It is twenty hours since he found Vera Cooney's body. He has not slept. He has not been out of sight of agarda in all this time. He has not been in contact with any relatives, friends or solicitors. According to him he is being held against his will and has been constantly subjected to demands that he confess to the murder. According to the gardai he is there voluntarily, can leave at any time, but doesn't choose to do so. He is merely being asked to expand on his original statement. Inspector Courtney will say that they talked about his family, army life, things in general. Between 4am and 6am he was questioned by Courtney and Canavan. Then there was atwenty-minute break. Then the1lcame back again and stayed until 8.30am. Christy's evidence covering part of this period is as follows. "When I replied to Inspector Courtney's accusa- tion that I was a murdering bastard he gaveme adigin the side, because I said a man is innocent until proven guilty. And after Inspector Finlay left they had stripped me off down to my vest and underpants and they made me stand to attention just out from the wall - and I couldn't lean back against it and they stood on each side and I was like that for about two hours. And when I swayed they pun- ched me to the left and I would go across and they would punch me back to the right and they pushed me back and forth between the pair of them all night." They also, he said, asked him questions about his sex life and made re- marks about his body. In court, Lynch's lawyer, Diarmud O'Donovan, would say to Courtney, "I suggest to you there was a concerted conspiracy between you and Sergeant Canavan to get a confession out of the accused." Courtney replied, "That isnot correct." "Were ribald remarks made about the accused man's sexual powers?" "Nothing like that was said at all." "Did you hit him during the interview?" "I certainly did not." Sergeant Canavan also denied that this happened. Christy Lynch, 1976 Why didn't Christy Lynch ask for a solicitor? It's the kind of thing everybody is supposed to know you can do. The onus is on the untrained to learn their rights from some source or other and be sufficiently confident of those rights to insist on them - rather than on the onus being on the state to ensure sufficient safeguards are there. In the first trial, J udge Butler seemed to think that everyone should know their rights. "Do you watch television?" "I do, my lord." "Do you look at it, do you look at Z ears Task Force?" "No." "Or even Kojak?" "I look at Starsky and Hutch." But that's all over now. It is lOam. Inspector Courtney and Sergeant Canavan have gone. When they were leaving, according to Christy, one of them said, "We will be back tonight, and tomorrow night, and the next night, until we get a confession out of you." This was also denied in court by the gardai. But it is lOam, a long night over. It's anew day. People will be looking for him. Christy Lynch is taken from Irish- town garda station and driven to Donnybrook garda station. The questioning continues. 9. The Independent Another two hours. One garda, another garda. Admit it for your own good. You just picked up the knife and stabbed her, isn't that right? No, says agarda, he strangled her first. Strangled? Christy had seen the knife. He didn't know about the strangling. It is now twelve noon, Monday September 20. It is twenty hours since Christy Lynch came to make a state- ment. It is twenty-four hours since he found the body. Another two hours coming up. It was around then, noon, that Marie Lynch arrived at Donnybrook garda station with two-year-old Debbie. She asked if she could see Christy. Not now, he's being ques- tioned. Would you like something to eat? No, thanks. They brought some cakes for Debbie. Your wife isoutside, Christy. Marie .... You won't see anyone until you admit to murdering 77 Strand Road MissCooney. I can say yes, I can say I did it. It will all come out, if it goes to court, they'll know I didn't do it, I'll tell them about all this and they'll know I just said it. Anyway, Christy, your wife doesn't want to see you until you confess. Jesus, what are they after telling Marie, what is she thinking? Admit to it, Christy. Back tonight. And tomorrow night. And the next night. Why did you do it, Christy? Think. Come on, Christy. Two or three years. Ten or fifteen years. Christy .... No. At some point during this two hours of questioning, noon to 2pm, Christy Lynch was left alone for ten minutes. Tilere was acopy of the Irish Independent in the room. The front page carried prominently a story on the murder. The story was hopelessly inaccurate. It got Vera Cooney's age wrong and got the day of the murder wrong. It said the body was found in the bedroom - the body was found on MAGILL FEBRUARY 1984 29 the landing. It said that no knife was found -the knife was all too .prominent at the scene. It said it was athree-storey house. -It said that two workmen had been unable to gain entry and called the police who opened the door with a master key. It said Vera Cooney was dressed as if ready to go to Mass - she died on Saturday. and the evidence was that she was getting ready for bed. None of this mattered. What mattered was a sentence which read: "There were stab wounds in the woman's chest and acord was fastened around her neck." It is 2pm, shortly after Christy Lynch has read the story in the Independent. "I killed Vera Cooney", he says, "I did it with a bit of a cable. I stabbed her with aknife from the kitchen table." Vera Cooney wasn't strangled with a cord or a cable. She was strangled with ascarf. It is shortly after 2pm. Christy agrees to make a state- ment. Inspector Finlay suggests he get some sleep. Twenty- two hours after he went to Irishtown garda station, twenty- six hours after he found the body, Christy Lynch sleeps. 10. Trials and Errors Central Criminal Court, May 27 1977, eight months after the murder of Vera Cooney. The trial had lasted five days. The jury was out for four hours. They came back at lOpm and found Christopher Anthony Lynch guilty of the mur- der of Veronica Frances Cooney. J udge Butler sentenced himto penal servitude for life. In the body of the court Marie Lynch screamed. She had to be helped from the court by Brendan Lynch. Christy Lynch was taken to Mountjoy prison. In Decem- ber the Court of Criminal Appeal set aside his conviction and ordered a new trial. Christy was released a couple of days before Christmas. . The new trial took place in April 1978 and lasted thir- teen days, ever athree-week period. J ust as in the first trial, there were lengthy legal arguments about the admissibility of Lynch's confession. These statements were the only evidence against him. J udge D'Arcy admitted them, Lynch was again found guilty and again sentenced to penal servi- tude for life. The statements were many and varied. Once Christy agreed to talk he talked and talked. Some parts of the con- fession, he said in court, came from what he had been told by gardai, other parts from what he had seen at the house, other parts from the Independent. "How many times did you stab her?" "Once." "No, you stabbed her three times." "Well, if that's what happened, it must have happened." He talked of strangling Vera Cooney with a cord or a cable or something .... "No, this iswhat was used", holding up ascarf. "Well .... " This is Christy's version. The gardai denierfit in court and said he made a straight confession. Mountjoy was cold. What you do is take the two metal bowls and fill them with hot water. Put one on top of the bed - that warms the bed a bit. Put the other under the table, the heat from that takes the chill off your feet. Pull a blanket around you and eat your food. In Mountjoy you don't blow on your food to cool it, you blow on it to heat it up. After a while, he was sent to Arbour Hill. That was much easier. It wasn't cold, for a start. Marie had hecome pregnant again while Christy was between trials. She never brought Debbie up to Mountjoy, but then the kid began fretting for her father so Marie started bringing her up when Christy went in again. The army had been good in all this. Officers appeared as character witnesses, Marie got 12 a week from the army on top of her Prisoner's Wife's Allowance. There was a collection at Christmas. Christy kept thinking this had to end, there had to be some kind of justice. It seemed that his rights to appeal had been exhausted, but the case was sent to the Supreme Court. There was some question about whether that court had jurisdiction for a direct appeal from the Central Crimi- nal Court. The court seemed reluctant to take the case, possibly fearing a flood of such cases. Christy was receiving free legal aid, but that would not apply in such an appeal. His barrister, Diarmud O'Donovan, had resolved to take the case as far as possible, regardless of fees, but in the event the costs were indemnified and the Supreme Court agreed to take the case. Meanwhile, Christy got on with life injail. Marie, Debbie and the new child, Paul, born in 1978, got on with living outside. Christy held up well, maybe it was the army discipline. More than once, when doing hard time was getting to a prisoner, a prison officer would suggest he go down and have a chat with Christy. A senior prison officer at Arbour Hill told Christy's parents that alot of prisoners say they're innocent, but Christy was the first one he had really be- lieved was innocent. Christy's father was dying of cancer. Once a month Christy was allowed out under escort to visit his father. His father told him he'd liveto seehis son cleared. That year, 1978, turned into 1979, and that turned into 1980. Christy's new son, Paul, was one and then two years old and Christy hadn't seen him. Debbie was fiveand then six. Christy was missing important years. December 16 1980. Christy was working in the print shop. He had first done a year and a half at carpentry in. Arbour Hill, then changed to the printing. When he was in his teens he worked for Smurfits in Clonskeagh. About 4.l5pm, ten 'minutes or so before knocking off, a prison officer named McCann, a sound man, called Christy, told him to come back to his cell. "Get your things together." Smile. "Why?" . "You're cleared, you're acquitted. The. Supreme Court gaveits decision today." Christy Lynch's father died six months later. 11. Technicalities Chief J ustice O'Higgins (sitting with J ustices Walsh and Kenny) said in his ruling: "The fact that for almost 22 hours the appellant was subjected to sustained questioning, that he never had the opportunity of communicating with his family or' friends, and that he never was permitted to rest or sleep until he made an admission of guilt, all amount to such circumstances of harassment and oppression as to make it unjust and unfair to admit in evidence anything he said." And, since there was no evidence against him apart 30 MAGILL FEBRUARY 1984 from his own statements, Christy was declared not guilty and released. Chief J ustice O'Higgins raised a crucial point about the function of the courts in protecting the rights of citizens. Quoting Chief J ustice Earl Warren of the US Supreme Court, he said, "A ruling admitting evidence in a criminal trial, we recognise, has the necessary effect of legitimizing the conduct which produced the evidence." To permit the use of evidence improperly obtained would make the courts party to that invasion of rights. So far, it's the kind of decision that might have gardai slamming their desks and muttering through gritted teeth about pansy judges who don't know what it's like in the real world. He did it, didn't he? He admitted it. Okay, so the gardai bent the rules a little bit - so what? Go ahead and call it oppression and harassment, but he spilled the beans, there was no other way. Poor Vera Cooney, quiet, inoffensive and horribly dead. No one cares about the vic- tims. Constitutional rights, technicalities, how many angels can dance on the head of a pin? And aself-confessed mur- derer walks free. He did it, didn't he? Everything points to that. Everything except the evidence. 12. Evidence Policework in serious crime in Ireland in the 1980s follows two distinct and occasionally conflicting courses. The domi- nant trend is towards the use of confession-extracting as a primary investigatory tool. The other course is the old- fashioned one where the police go out, just like Kojak, . and talk to a lot of people and gather as much evidence and information about crimes asis possible. For instance. Christy Lynch was wrong when he thought he saw two young men pushing a red Renault outside 77 Strand Road at about 2.30pm that Saturday when he left the house. He mentioned it in his initial statement. He couldn't have known that this would be significant, he couldn't know that the ordinary coppers plodding their patient way would find the two people with the red Renault. They were not two men, they were aman and awoman. And they confirmed that they had been pushing the car there at that time. This seemed to corroborate Christy's confession. He had indeed left the house at that time. He could not have seen the car from the house, there being no window on the Gilford Road side. Except - his confession was that he left the house at 2.3 0 having murdered Vera Cooney . And the plodding coppers had turned up three unconnected and disinterested witnesses who sawVera Cooney aliveat 4pm. So, it is established beyond a reasonable doubt that he left the house at 2.30 and that Vera Cooney was alive at 4pm. Did he come back? Why? There is not the slightest evidence of that - not even in the confession, .. Then there was the cord/cable/scarf business. Motive. The confession tells it that Christy isin the flat, reading a book or poking around the bookshelves - the im- plication being he's looking for money - when he turns around and Vera Cooney is standing there. Hegrabs a scarf and strangles her. But, if she has just come in, how come she is wearing slippers, carrying her pyjamas, obviously preparing for bed? The confession just doesn't square with the available facts. These discrepancies were pointed out by J ustices O'Higgins and Walsh. The discrepancies were there during th~ two' trials - but they were outweighed by the graphic confession. Who could believe that an innocent man would admit to murder? 13. Criminal Justice Although the Supreme Court pointed out the holes in Christy Lynch's confession, his release was due to the ir- regularities through which the confession was obtained. Those irregularities are about to be legalised under the Criminal J ustice Bill. In future there will be no question about whether a person stays in a garda station voluntarily or otherwise. All the police need do is find that they have a "reasonable suspicion" that that person is up to no good. The person can be held for twelve straight hours. If night- time intrudes, add on eight hours for sleeping. That last bit is supposedly a safeguard. When Christy Lynch broke and agreed to talk he was allowed four hours sleep. He slept for two or two and a half hours. Given the circumstances he found it hard to sleep. There was always someone in the room. Gardai came and went, doors were slammed. For the eight hours a suspect can spend sleeping in a station there is no iaw that says the gardai must keep their voices down or close doors carefully. Christy Lynch found that after the long period without sleep the couple of hours of broken sleep he got made him worse off than before. There is nothing in the Bill to ensure that the pheno- menon of the phone calls that didn't happen is not a routine feature. Christy Lynch was a victim of the political policy of facilitating confession-extracting as the main investigatory tool. The Criminal J ustice Bill, in its expansion of the right to detain, its abolition of the right to silence, its right to "draw inferences", its alibi section, its vagueness about the right to see a solicitor, is the latest endorsement of the methods and means which tore the Lynch family apart. Traditional and scientific policing methods are difficult to legislate for, they are expensive and they don't have that "doing something" aura which looks so good on an elec- tion manifesto. Christy Lynch is back in the army, enjoying the life. When he came out of jail he got his back pay. Heand Marie then had to repay the money she got from the state and from the army. He hasn't sought compensation - he just can't bear the thought of going near a court again. Marie has written to the Minister for J ustice acouple of times and got I'll-look-into-it replies. Nothing. Christy has always got on well with the gardai. Heknows a lot of them from doing border duty. He recognises the differences between the ordinary copper and the special boys. Although he won't go near a court again Marie has gone down to the courts several times, fascinated by the difference between the popular conception of law and order and her own experience of it. A couple of times she has heard lawyers arguing points and mentioning "the Lynch case". The case is recognised in legal circles as an important one. It is one reason why a lot of lawyers have reservations about the Criminal J ustice Bill. Had the Sup- reme Court not taken the case, which they might not have done, Christy Lynch would still be in prison. Some day, when the kids grow older, Christy and Marie will sit them down and tell them what happened to the family. They're too young now, but some day, and better they hear it at home than elsewhere. Christy can hold his head up and talk openly about his experience. Because of his army job he prefers not to talk to the media, but Marie can speak freely. Christy doesn't do horses or dogs any- more, he does crosswords. And he smokes roll-up cigarettes. A habit he picked up in prison. Y OU had intercourse with your husband before you were mar- ried; how many other people did you have intercourse with before that? When was the first time you had intercourse? Areyou goingwith some- one now? Do you have intercourse with him? Where do you haveit? Do you haveit inacar?" Eileen Morgan (that is not her real name) was describing how she was questioned by the Dublin Regionalxc Marriage Tribunal when she was applying.to haveher marriageannulled. There were five priests in the room, though one of them left during the interview. Questions were thrown at her from all sides and she says they did not give her a chance to answer properly. She got annoyed and told them it was none of their business. Eventually shewalkedout. Eileen got married at 18. She was already pregnant. Her husband walked out nine weeks later. He stole all the money inher mother's house and drew out the money she had been putting by in alocal clubto buy baby clothes. He came back to see her once in the hospital just after she had had the baby. He shouted round the ward: "That bastard isn't mine" and left. That was 11 years agoand shehasnot seenhimsince. She applied for an annulment the following year. "I felt it wasa way of finishing withhimfor good. I wasvery bitter about him at the time. And I thought it would keep himawayfrom the child." When she went to get a copy of her marriage certificate she got a frosty reception at the church. At the time of the wedding she had given her husband envelopes with money for the priest, the sacristan and the altar boys. Apparently hehad taken the money out and giventhem the empty envelopes. Her first interview at the marriage tribunal was alright. Shegot a cup of tea, the priest was sympathetic and she just told him her story. Months later she was called back for a second interview. It was a different priest. The atmosphere was formal and he wrote everything down. His tone was disapproving. Hesaid: "Weget this all the time, these young ones getting married at 16 or 17 and thinking wecanget rid of the marriage for them." He asked her very personal questions about her sex life. "He suggested I had a boyfriend in Dublin when I was going with him (her husband, who was from outside Dub- lin) and maybe the baby wasn't his at all. He was only short of callingme aprosti tute. " She was due to go to work after the interview but could not go. "I felt so degraded that I just couldn't faceit. I thought: Is that how I appear to other people?" They wanted her to have a psychiatric test but she would not agree and anyway she could not afford the fee. The priest told her it was part of the annulment procedure and if she did not want to gothrough with it shecould drop her application. They interviewed her mother and contacted witnesses like her doctor and her former teachers. They prob- ably had difficulty tracking down her husband and she did not hear from them for a couple of years. Then they called her for another hearing. Shedid not want to go but her mother, who was very religious, persuaded her to go. This was the hearing with the five priests, three judges and two others. It was all tape-recorded. They asked her about sex before marriage again and about the wedding night whenthe marriage had not been consummated. Her husband had got drunk after the reception and went up and fell asleep on the bed. Whenshecameup and got into bed he woke up and went and sat in a chair for the rest of the night. They asked when they first had inter- course after the marriage and how many times in the night. Eileen was involved in a relation- ship with a fellow at the time and he had driven her to the hearing and stayed outside in the car. They asked her who he was and was she sleeping with him. Her father had died when she was 12 and she had run away fromhome. He had been strict and had hit her sometimes. They suggested she hated him because he hit her and because he seemed to prefer her younger sister. "They said I hated men because of that and that the reason the mar- riage wasn't consummated the first night was because I was frigid and I put himout of the bed." When she ran away shestayed with a girlfriend and her brother and another boy. "They suggested I was sellingmyself to them." The questioning about her father upset her alot. They alsosaidsomeof her answers contradicted what shehad said earlier and accused her of lying. That was when she walked out. She wasfedup with the wholething. Some time later she got a letter from the tribunal and threw it in the fire with- out opening it. They got in touch with her mother and wanted her to contact them againbut shewould not. Eventually she got another letter - which she did open - telling her she had got the annulment. The letter did not givethe grounds for the annulment but sometime later when she was sick in the Mater Hospi- tal a priest cameto seeher. Hehanded her a bill from the tribunal for 158 but when she refused to pay it hesaid that would be alright. He told her the annulment had been granted because they had both been immature and neither of them wascapable of accept- ingthe responsibility of marriage. She asked had she not taken the responsibility of looking after the child on her own and had she not looked after her younger brothers and sisters before that when her mother was working. He said it had been granted because thehusband had been immature and had a split per- sonality. Eileen's annulment was granted seven years after she first applied. "If I knew then what I know now I would never have started it and I certainly wouldn't have answered all their questions. I felt degraded and humiliated by the whole' thing. I wouldn't advise anybody else to go through with it." E ileen Morgan had a harrowing experience with the Catholic marriage tribunal a couple of years ago. Although the formal hearing before fivepriests has sincebeen done away with, the questioning of women on the details of their personal life continues. Other women interviewed for this article didnot find the process as harrowing as Eileen did but they all remarked on the difference between the relaxed and sympathetic initial interview and the more formal subse- quent hearings. They said the priests were "strict" or "very official". And the women were embarrassed at being questioned about sex by apriest. Onemiddle-aged woman said: "He asked about sexual behaviour in the marriage, was it normal. But what is normal wheresex isconcerned?" Ten thousand people have been in- volved in applications to the Catholic marriage tribunals for marriage annul- ments since 1977. The success rate isn't high. About 500 decrees of nullity have been issued affecting 1,000 people. Applications are still being lodged by over 600 couples a year. With more and more marriages breaking down and no civil divorce allowed in the Republic many people seean annulment as the only way out of ahopeless situation. Fr Alex Stenson is aJ udge Instruc- tor with the Dublin Regional Marriage Tribunal which works out of an annexe at the rear of the Archbishop's House on the Drumcondra Road. He is one of six priests who work there full-time under Monsignor Gerard Sheehy, the Presiding J udge and the most senior figure in the tribunal system. There are eleven full-time clerical staff and a number of other priests work part-time for the tribunal aswell. There are four regional marriage tribunals in Ireland - in Dublin, Cork, Galway and Armagh. They were set up in 1976 to replace a system of diocesan tribunals some of which never really functioned and to cope with the vast increase in annulment applications. The idea was to pool resources and standardise procedures. There is a National Appeals Tribunal for the whole of Ireland with different personnel which automatically reviews all cases decided by the regional tribu- nals. It is also based at the Arch- bishop's House. Fr Stenson stresses that annulments are not a form of "Catholic divorce". People often come to the tribunals thinking that because their marriage has broken down they can get an annulment but unless there is apossi- bility that there was a defect in the original marriage the tribunal can only say "Sorry, wecan't help you." The tribunals operate under canon law, a code of rules and regulations laid down by the Vatican and only published in English for the first time last November - until then it wasonly available in Latin. They are courts which administer the Church's law as it stands. They are not counselling or welfare agencies and even if enforcing the law causes hardship they have to enforce it. Their sole function is to determine whether or not the original marriagewasvalid. Fr Stenson explains that there are a number of traditional grounds for annulment like the marriage of close blood relatives, mistaken identity, MAGILL FEBRUARY 1984 35 duress or non-consummation, but these are not so common nowadays. The most common grounds now are defects of form, consent or capacity for the relationship. Defects of Form are fairly straight- forward. They arise if the parties did not go through the proper Catholic marriage ceremony, for example, if they were married in a registry office the marriage would be considered null. Defects of Consent arise if one of the parties was not capable of giving full consent to the marriage, eg if he or she was mentally disturbed or under the influence of drink or drugs at the time of the ceremony. They could also arise if one of the parties "positively excludes some essential element of Christian marriage", ie if he or she had the deliberate intention of leaving after say five years or of not being faithful, or of not having children. Fr Stenson agrees there has been a big increase in the num ber of annul- ments granted compared with 20 years ago when they were very rare. The increase has been mainly on the grounds of Defects in Capacity for the Relationship. Again there were tradi- tional reasons for this like impotence - showing the Church's stress on the sexual element in marriage - but in recent years the tribunals have taken account of new developmen ts in psy- chology and psychiatry. They now stress factors like immaturity and per- sonality disorders which, while stop- ping well short of insanity, prevent one or other party from forming a lasting and loving relationship. All these things have to be proved however and this leads to the probing and questioning about their personal lives which some of the women appli- cants resent so much. Fr Stenson claims that this does not happen in all that many cases and that the ques- tioners try to be as sensitive as possible. He says they do not have many com- plaints of insensitivity. In his ex- perience, he says, most complaints come from people who did not get annulments. Those who do get them are usually happy enough. S omeone seeking an annulment - most of the applicants are women - contacts her or his regional tribunal, usually through a local priest. The tribunal sends out a basic question- naire and then invites the applicant for a preliminary interview. This is relaxed and informal and'is conducted by a priest who does not take part in the judicial process. Some months later the applicant is interviewed by a judge instructor. This is more formal and can take two or three hours as the priest pro bes all areas of the marriage that migh t have a bearing on the nullity application. The applicant has to take an oath like in a civil court. Fr Stenson acknow- ledges that this interview can be trau- matic for the applicant who may have been under a lot of stress. Some appli- cants go to pieces during the interview. After this the tribunal contacts the other party to the marriage to get his or her view of the situation and inter- views or writes to possible witnesses like relatives or the farnily doctor. They may ask the applicant to take a psychiatric test. Then a review body considers the evidence so far and decides whether or not to admit the case. A lot of applications never get beyond this stage because there is obviously no case for nullity or be- cause it is impossible to get evidence to corroborate the applicant's story. If the case is accepted there is a fairly good chance that a nullity decree will be granted eventually. All this can take a long time be- cause of the difficulty of contacting the other party and getting his or her cooperation. Often a deserted wife has no idea where her husband is and even if he is found he won't cooperate. The whole process from start to finish often takes three-and-a-half to four years and a lot longer if there arc com- plications. Some applicants lose interest as the proceedings drag on. l-r Stenson thinks the delay can sometimes be a good thing because some of the applicants become reconciled while they arc waiting. When the case is accepted a priest is appointed as an Advocate to further the applicant's cause. Usually he docs not sec the applicant but reviews the papers and marshals the arguments in favour of a nullity decree. The papers are then passed to the Defender of the Bond, a priest whose function is to protect the marriage bon d. lie looks for any flaws in the applicant's case. The applicant and witnesses might be interviewed again and then the papers arc passed to a court of three judges who make the decision. They used to interview the applicant in for- mal session with the Advocate and Defender of the Bond present as in Eileen Morgan's case that may still happen but normally the court just reviews the papers now. If the court decides to annul the marriage the book of evidence is auto- matically sent to the National Appeals Tribunal where it is reviewed by three more judges. They usually uphold the decision of the regional tribunal and a nullity decree is then issued to both parties, usually about six months after the initial judgement. The decree does not state the grounds on which the marriage was annulled. If the regional tribunal rejects the application then the applicant can appeal to the Appeals Tribunal and from it to the Vatican courts. Many people assume that a nullity decree means that the parties are free to remarry, but quite a lot of decrees are accompanied by a vetitum, an order barring one or both parties from remarrying. It is logical enough. If the court decides that the marriage was null and void because one party was incapable of forming a proper real relationship then it should bar that person from starting another marriage. The vetitum can be lifted by indi- vidual bishops, however, if they feel the reason for imposing it no longer applies. Apparently, they do not notify the marriage tribunals, so it is. impossible to tell how many are actually lifted. The interviewers, judges and Advo- cates in the tribunals are all priests. Fr Stenson does not feel this is em- barrassing for women applicants. "We don't seem to have any particular difficulty," he says. "Women don't seem' to have a problem talking to them." In his experience women are not upset by the questioning. Hedoes not think that it is abigproblem. Women and lay people generally could be involved in the tribunals. They are in the US. But Fr Stenson says there are no qualified women or lay men in Ireland. He stresses that the tribunals are courts administering the canon law. He and all the other priests have degrees in canon law. He himself spent three years in Rome doing a thesis on marriage and the canon law. The courts sit in secret. The appli- cants are not present and do not hear any evidence other than their own. They have to take an oath not to reveal what they were asked or what answers they gave. They do not know how their evidence is presented or on what grounds the court makes its decisions. There is no outside scrutiny The interviewers and judges do not know how much an applicant has paid - finances are handled quite separate- ly. Only about thirty per cent of the tribunal's running costs are met from contributions from applicants. ( hurch annulments are beginning to cause aserious legal problem in the Republic. If there is no vetitum attached, a nullity decree says that the person involved is "in what concerns the law of the Catholic Church, free to contract marriage". About 400 people have been given such clearance over the last five years. But Church annulments have no legal standing as far as the civil courts are concerned. Unless they secure a divorce or annul- ment in the civil courts, (which are of the court's judgements as there is with civilla w. What guarantee is there that the courts are consistent and fair? Fr Stenson says the system has its own built-in safeguards and would not be improved by law scrutiny. He is adamant that the courts are not in- fluenced by outside considerations and' especially not by money. The current cost of an annulment is about 400, or 450 if a psychiatric examination is required. Applicants are always told that if they cannot pay the full cost it will not matter and less than half do pay the full cost. 38 MAGILL FEBRUARY 1984 448 very difficult and expensive to get) the parties are still married in the eyes of the State. In Britain there is no problem. The Church authorities there require appli- cants for an annulment to get a civil divorce before they apply to the marriage tribunal. In the North staff at the Armagh regional tribunal deny that they request applicants to get a civil divorce but there is little doubt that people who wish to remarry after an annulment are quietly advised to get adivorce first. In the Republic, however, since there is no civil divorce, Catholics who remarry after getting a Church annul- ment are committing bigamy. The Church authorities apparently keep no record of remarriages after annulments but Church sources confirm that there areat least twenty per year. Bigamy is prohibited under the Offences Against the Person Act (1861) and carries a penalty of up to seven years imprisonment. People who aid and abet the committing of bigamy, such as the priest who offi- ciates at the marriage ceremony, also commit an offence. The Director of Public Prosecutions' office is unwilling to comment on the situation but there have been no prose- cutions for bigamy in the Republic within recent memory. EVidently all ' concerned are turning a blind eye to an embarrassing situation. There are other awkward conse- quences to the disparity between the laws of Church and State as well. Since remarriage after an annulment is illegal according to the civil law, the wife and children of a man whose first marriage has been annulled have no maintenance or succession rights. Some day soon there may be an un- pleasant and embarrassing tussle in the courts between the dependants left by an annulled marriage and those left by a second Church-sanctioned mar- riage over the estate of their mutual husband and father. Getting an annulment can be along and harrowing experience. Once gran- ted it may soothe the conscience but in practical terms it may cause nearly as many problems asit solves. ... Annulments 1977-8 1978-9 1979-80 1980-1 1981-2 Totals Applications 838 617 680 687 645 3,467 Decisions 114 125 103 116 110 568 Nullity 100 93 75 67 83 418 Decree. (12%appl.) Vetitum on Oneparty 62 54 44 48 70 278 Both parties 13 15 9 10 8 55 Freeto 1 80 Remarry 112 102 88 66 448 This table covers the period from 1st November 1977 to 31st Octobe~ 1982. Less detailed figures for the rest of 1977 and for 1983 give a total of nearly 5,000 applications (10,000 eopte). The number of nullity decreesin any year is not strictly comparable with the number ,f applications in that year as the decreescover applications made in earlier yearsbut the aver- III figures for the five years give a fair indication of the trend of decisions. There is abig back- 'ogof casesawaiting decision though many of the initial applications will have lapsedor been ......... '\-, -----The----- n _____ Of _ ~---byColmToi bi n---- IT] HE TWO HANDS TENSE AS HE HOLDS THE T script; when each piece of music is corning to an end he raises his left hand and quickly lowers it to his chest, with alook of professional pride and ease, as the red light comes on. The script isper- fectly rehearsed. "Good evenin' listeners," he begins and even the g in "evening" is missing in the script. He has timed the introductions and the music so that his pro- gramme runs to just over 29 minutes. Every single pause, or inflection, or laugh has been prepared and rehearsed; the guy knows exactly what he is doing. He is delighted to discover that his timing is right once more. He walks out into the control room. "If there's any problem we can fade it," J ohnny Devlin, the producer tells him and everybody looks up waiting for his reaction. Tommy O'Brien takes things seriously and fading a record is a matter of the utmost gravity. He rages against the fading of records. His speaking voice outside the studio is high-pitched; his speech comes fast and incessant, full of drama and conviction. "Fade it. I'll kill you." Today is another milestone in Tommy O'Brien's great love affair with the microphone. Today he is going to record three programmes instead of the usual two. And in future he is going to record three. He has written J ohnny Devlin a note to warn him of this; he has steeled his nerve that it is going to be done, even if it means getting a taxi to the station. There's no point in coming up every fort- night when you can come up every three weeks. On the days he records his great programme "Your Choice And Mine" a car picks him up and takes him from his native Clonmel to Thurles; from there he gets the train - the dining car staff know when to expect him and have his breakfast ready for him. All the porters and most of the passengers know him and are aware of his sacred mission; his journey to Dublin with his box of records resembles nothing less than a royal progress. But this morning the roads have been icy and the car has had to go too slowly. He missed the train; he had to get a car in Thurles to take him the whole way to RTE. Hecan't remember this having happened before in his long career as a commuting broad- caster. . But his life has been a long struggle with the elements and the great dramas: the death of Aida, the love between Romeo and J uliet, the wiles of Don Giovanni, the flashing eyes of Carmen. Even orchestral works have their own dramas to act out. All his long life he has been listening to these dramas. He recounts the missing of his train with an almost operatic verveand orchestral fluency. He wants a dee-jay. Is there a dee-jay. J ohnny Devlin thinks there is and wanders off to make sure. Is he, Tommy O'Brien, not a dee-jay? The denial comes hot and heavy, followed by a degree of abuse. No, he isn't a dee-jay. He doesn't actually handle the records. The dee-jay arrives in the person of Frank Corr. Tommy is pleased; now we can begin. Hehands the script around to all concerned and opens up his box of records. "Be awful careful of this record, it's very rare," he admonishes Frank Corr. Suddenly, for the first time, he stops talking and stands to attention, his hands by his sides. Slowly he draws in his breath. Everybody waits for him to speak. Here we have the born performer and his captive audience. "J ohnny," he says, "I'm going to play one I've never played before in my life." He looks around at everyone as though he has just delivered an important message from on high. There followed a conversation about music and who wrote what and when between J ohnny Devlin and Tommy O'Brien, the elders in the temple. Everything goes smoothly and according to the script. I I Photographs by Derek Speirs 40 MAGILL FEBRUARY 1984 -------- The battle to make three programmes instead of two seems to be well on the way to being won. But then the great Needle-Stuck-In-The-Record row begins. Tommy blames RTE. "It worked perfectly at home," he roars. But no matter what they do, the groove in the record resembles nothing as much as the Black Pig's Dyke. "I'll never finish three programmes with these whores," mumbles Tommy O'Brien. Sometimes while the record is playing he sings along. Sometimes he talks: "Wait until you hear the second tune. It's got Verdi written all over it," or "If only Pavorotti could sing like this," or "There wasn't a tune in tReSwhole opera." Then the singers, he knows everything about the singers. Ben Davis who made the recording when he was 76, Isobel Bailliewho died last year. It's time for the next number, the voice becomes dis- ciplined, almost calm, controlled: he tells his listeners that the sound they are going to hear is the sound of pure en- chantment. The dee-jay puts on the record. Tommy O'Brien grins in recognition when the music starts. He thinks for a moment. "Maybe it's a slight exaggeration. to say it's 'pure enchantment'," he says and stops for a moment, "but it is." . , [! ] OURING COMPANIES WERE COMMON AT T the time. He remembers when he was twelve or thirteen and one came to Clonmel. They did concert scenes from operas. He remembers vividly that on the first night they did ascene from "Mari- tane" by WilliamVincent Wallace. It was the prison scene and there was atrio for tenor, contralto and baritone called "Turn On Old Time". Even now, and it must be sixty years later, he hums the tune and says that he was absolutely overcome. He keeps humming the tune to himself to help .himrecall what it was like to hear that sort of music for the first time. Not long afterwards through an advertisement in anews- paper he paid fifty shillings for a hornless table grand, six records and a box of needles. It was Clonmel just after the war and when~e left school he went to work for the Clonmel Chronicle as a junior reporter. One day when he had started making his own living he saw an advertisement in the Daily Telegraph for the International Opera Season at Covent Garden. He saw some of the names and they in- cluded a number of world famous figures whose records he had in his growing collection. Wouldn't it be great, he thought, to go and hear them in real life? MAGILL FEBRUARY 1984 41 .... It was a long way from Tipperary. He was seventeen years old and fivefoot four. It was his first time in London. He arrived on a Monday morning and went straight to Covent Garden. A cross between Stephen Dedelus and Dick Whittington, he stood outside and stared at the Opera House. "Well there it is," he thought. "Imagine I'll actually be in there tonight." Such is the stuff of almost half of the novels written in the nineteenth century. Tommy O'Brien, our hero, went up to the tall attendant. "Excuse me," he said, "have you heard any of the singers tonight?" "Oh yes, sir," said the attendant, "I heard them all at rehearsal." The attendant continued, Tommy O'Brien remembers, and said: "There's one little fat Italian and she's great." "And that", says Tommy O'Brien, "of course, was Toti." Toti was the coloratura soprano, Toti del Monte, "who could be said to be as broad as she was long; she was only five feet tall and she was very fat." On his first night in London he heard her singing in Lucia. The next night he saw Tosca and then Butterfly and then Aida. Aida is his favourite opera: he has seen it more often than any other. He witnessed the debut of many famous singers in that opera. ~S On that first visit he stayed for a fortnight and he was lucky because one of the touring opera companies had hired the Lyceum and Tommy O'Brien was able to go there as well as Covent Garden to see opera. But that wasn't all: on a Sunday afternoon, he won't say what year, he never gives dates, J ohn McCormack gave a recital in the Albert Hall. There were seven thousand people there and loads of people turned away. McCormack sang 25 songs. For the first two songs the voice was dry and uninteresting, Tommy O'Brien felt. It was a phenomenon he was to notice with other singers. "But after the third song it was entirely different, it was glorious." Back he went after his two weeks in London to his job as a junior reporter on the Clonmel Chronicle. When that newspaper folded he joined the Clonmel Nationalist and soon became a senior reporter. Every summer until the war he went back to London for two weeks. Hesawall the great singers and musicians. Yet it seemed that those two weeks basking in the extraordinary pleasure he gets from music had to be paid for as though they were the golden fruits of some Faustian bargain. The rest of the year back inClonmel was sheer slavery. He had taken on the job, in addition to that of reporter, as official court stenographer for County Tipperary Circuit Court. Sometimes he would start at 10.30 in the morning and work until 9.30 at night. Hekept it up for ten years, taking down two hundred words aminute in impeccable shorthand, until he was ready to shout out loud in the court. Hegaveit up. He is still proud of his shorthand; he is still proud that he taught it to himself on his grandfather's farm in his beloved Comeraghs from a manual he bought for six old pence in Clonmel. He became editor of the Clonmel Nationalist. He enjoyed the job but hated when people asked, as they always did, to have their name kept out of the paper after court cases. He had to refuse and there are people in Clonmel who still don't speak to him because of it. In those years between the two wars when he was going to London every summer there was an abiding passion in his life other than music. Billiards. He was crazy about billiards. He was three times Irish amateur champion, and four times runner-up. He was only in his twenties when he came up to Dublin and beat a man everybody thought was unbeatable. The man from the Irish Independent asked him if he had any hobbies besides billiards. Classical music, the reporter was told. The reporter from the Indo wouldn't believe this. "The last time I won," Tommy O'Brien re- members, "I played a great game. I was absolutely mar- vellous. I just knew that I'd win." MAGILL FEBRUARY 1984 43 When he came to Dublin to play billiards he always stayed with a family called Kenny in Drumcondra. They were Northern Catholics and mad on opera. They had a gramophone and one day Tommy O'Brien told them: "The next time I'm coming up, when I'm playing in the second round, I'll bring up a .lot of 78s and we'll play them." He brought the records and the family would sit around as Tommy O'Brien, up in Dublin for the billiards, put on records and introduced each one with a short explanation. If it was an opera, he would tell the story, or maybe he had seen the singer in London, but for each piece of music he had an anecdote. Friends of the family began to drop in to hear him. Once Tommy O'Brien was about to playa piece without an explanation but a man stopped him. No, please talk about the record before you put it on. So back home in Clonmel one day he had an idea. It worked up in Dublin in the Kenny's house - why the hell wouldn't it work on radio? He wrote to a man called Fachtna 0 hAnrachain in RTE and told him about his visits to Covent Garden and his record collection. "I think I could do some radio programmes," he said. He was en- gaged to do six quarter-hour programmes called "Covent Garden Memories". A star was born. As the years went by the programmes he did increased and multiplied. A series of six, then aseries of eight. Kevin Roche, the head of light entertainment, was agreat believer in the snappy title. Tommy thought that if he could think up a snappy title he might be able to sell an idea to Kevin Roche. The title he had for years was "Tommy O'Brien and His Records" but he knew Kevin Roche would never buy that. He met him in the lavatory in Henry Street one day when Tommy was up in RTE to make a recording. "Kevin," he said, "I've thought of a great new title for a series which has never been used before, even by the BBC." The title was "Your Choice and Mine". Kevin Roche bought it. He thinks if he plays ballads and well-known songs, that his audience will follow him wherever he goes. Hewants to entice people who wouldn't normally listen to Mozart or Beethoven to listen to his programme so he can make them share his enthusiasm. Basically, he is aman with amission. ITJ HERE WAS NO ANSWER. Knock harder. Still T no answer. It was difficult to just open the door, because there was no guarantee that this was the right house. There was a kitchen with an Aga cooker and there were two cats sitting on a chair. Hello. Anyone here? Still no answer. Beyond the second door there was ahall andeven in the hall the music could be heard. It was stunningly clear as though there were a huge orchestra planted in the living- room of this old house built high on a hill over Clonmel. The music was Beethoven's Pastorai Symphony and it was playing really loud. It took a long time to alert Tommy O'Brien to the fact that there were visitors. Once aware of this, however, he was up on his feet, dancing around the room and talking. He never stopped talking except when music was playing. At one end of the room there were cabinets full of records and just in front of the cabinets there were two huge speakers which he recently acquired and he expressed his deep delight with these speakers. After he had put the meal on the table, he Tommy O'Brien and his records would demonstrate how the speakers work with 78s. The two windows in the living-room look down on Clonmel; the view is spectacular and at night you can look out and see a mass of small lights. He moved here over ten years ago and he has been living here on his own since the death of his sister. He has built up a huge collection of records over the years, although he has bought very few over the past decade. He still lives in some golden age' of singers and records before the fall of man. He has not been back to Covent Garden since the war, for example, he doesn't like the singers. He hates the way they have perfected the system of recording; he' likes recordings of live concerts. He has made great friends while buying records: one in particular was Rev David McCauseland, a Presbyterian minister, a kindred spirit in Clonmel who introduced him to Beethoven. He has remembered the aria all evening since it was mentioned. Yes, he had three recordings of it. What's he saying, three, he has more than that, but three that he would like to choose between. He stops and thinks for a moment and then enumerates all the recordings of the aria and what he thinks of them, he names all the foreign singers in the rich tones of south Tipperary. Hemakes up his mind and sails down to arecord cabinet. Within afew seconds he has the record in his hand. The duet from "The Pearl Fishers" sung by J ussi Bjoerling and Robert Merill. He walks up to the turntable and puts it on. The music starts. He knows all the French words and sings along for awhile but he stops when one of the most magnificent arias of nineteenth century romantic opera bursts into full flower. But soft, no, hold on, don't go yet, wait aminute. There is another matter. Sit down. The greatest Irish singer since McCormack and Burke-Sheridan. Who? Names are men- tioned and dismissed by him. Suddenly he shouts out the name: Frank Ryan, the tenor from Tallow, Co Waterford. "Frank Ryan to my way of thinking had a world beating natural tenor voice. However, he made very few recordings and he wasn't fully trained." Tommy O'Brien wants to play one last record by another man who stayed at home: he wants to play Frank Ryan singing "I'll Walk Beside You". He remarks on Ryan's ability to hit particular notes. The room fills with the voice on an old record, the room already full of a lifetime's obsession with the human voice. It is getting on towards midnight and he is old, but Tommy O'Brien is still listening with enormous intensity for the singer to hit the high note. MAGILL FEBRUARY 1984 45 T he application of computers as means of performing banking transactions made considerable pro- gress last month when three of the four main banks linked their auto- matic teller machines (ATMs) to a central network. The new system affords users of Bank of Ireland's PASS machines, Ulster Bank's Service- tills, and Northern Bank's Autobank, the convenience of using the ATMs of all three banks, although they may have an account with just one. The ATM has been one of the most successful banking initiatives in Ireland in recent years. Introduced initially by Bank of Ireland in 1979, and followed soon after by the other main banks, the ATM was to lift the burden of cumbersome cash transac- tions from the banking staff, with obvious advantages for the customer who is invariably pressed for time. More importantly however, was that the ATM would provide an after- hours cash dispensing service. From a commercial viewpoint the concept of the ATM presented some situational problems. In order to provide the service successfully, the system would have to be extremely reliable, a description which in prac- tice hasn't always been appropriate. However, a decision was made by Bank of Ireland to use off-line ATMs, machines which weren't linked to a central computer but acted as distinct units in themselves. The alternative here is an on-line system, with which the ATMs are connected to a central computer through the telephone line. The NCR system installed by Bank of Ireland, and subsequently by Ulster Bank and Northern Bank, has the added advantage of being able to go on-line when suitable conditions pre- vail. The basis of this condition is a reliable and extensive telephone sys- tem, not yet at their disposal. Never- theless, the other main bank, Allied Irish Banks, is intent on switching their IBM system on-line sometime this year. The ATMs have been a great suc- cess, particularly in the personal saving sector. From an initial scatter- ing of less than a dozen machines, mostly in Dublin, there are now 211 ATMs in operation around the coun- try. Included in this figure are the eleven ATMs operated by the fifth Irish bank to introduce ATMs, Trustee SavingBank. But while the ATM networks have evolved in tandem, the market for ATM users is marked by fierce com- petition and rivalry, particularly be- tween Bank of Ireland and AlB. The recent merging of three networks has not come about because of any philan- thropic notions on the parts of bank chief executives, but rather because of two aspects of the prevailing bank- ing climate. Firstly, the Associated Banks' share in personal savings growth is diminish- ing due to the attractive interest rates and tax status of the building societies. In order for the banks to hold their own, let alone achieve a better growth rate, they are looking for ways in which banks can offer more to the personal saver. The new system allows the relevant banking public to avail of computerised banking facilities in 140 locations throughout the whole island. Secondly, with particular reference to Bank .of Ireland, the ever-escalating profits of AlB and its fast-increasing firm hold of the number one spot has meant that the three other main banks have had to retaliate. The new system is part of this fightback. T he Irish software industry is gathering considerable momentum with the impending opening of the National Software Centre and the creation of many new software com- panies. One of these new companies recently launched its range of products on the UK market. Dillon Technology Limited was established early last year by a Kerry- man, J ames Dillon, with the assistance of the IDA Enterprise Programme. The company has received further funding from Investors in Industry (Ireland) Limited, a subsidiary of the interna- tional 3i Group, which has taken a minority equity investment. The company is producing business application packages initially aimed at the l o-bit micro computer market. The first three systems - sales, pur- chase, and nominal ledgers - are ae-eady on the market, with order eritry and stock control packages to follow in acouple of months time. The systems are designed for the Xenix operating system, the equivalent of the industry standard Unix system. Package language is Micro focus level 11 Cobol, allowing application with a variety of single and multi-user systems. Ten people are presently employed by Dillon Technology, with adoubling in staff levels anticipated within 18 months. T he latest in the unceasing proces- sion of home computers arrived in Ireland just before Christmas. The Acorn Electron is the successor to the Acorn Atom, which was one of the most popular of the first breed of computers which constitute a home computer. Advance orders suggest that the Electron will easily outsell the Atom. The delay in the machine reaching Ireland was caused by one of the most bizarre, yet effective, coups in the home computer business so far. British newsagency chain W.H. Smiths ordered the first five months production capa- city of the Electron, which at 10,000 a month makes a hefty 50,000 com- puters. This had the effect of giving W.H. Smiths a virtual monopoly for the launch and early market life of the Electron. While they didn't physically possess the computers, Lendac Data Systems, the Irish distributor of the Electron, took orders from individuals in the belief that the units would arrive from Britain in time. Lucky for Mr Lendac, they just made it. The Electron itself has 64k of memory (32k ROM, 32k RAM), with built-in BASIC interpreter. Soft- ware for the Electron is available in great quantities through Acorn's soft- ware house, Acornsoft. There may, however, be problems with distribu- tion until retail outlets throughout the country are supplied which may be some time yet. One of the programming languages used by Acornsoft, Comal 80, was the subject of a meeting held in Copen- hagen recently at which the language was standardised by a group of inter- national experts. Ireland was represen- ted at the meeting by personnel from the TCD Software Engineering Labora- tory. The main characteristic of Comal 80 as a programming language is that it combines two other languages, Pascal and Basic. The standardisation meeting, the third such gathering, was held to ensure that the language developed in a coherent manner, pre- venting the proliferation of incom- patible dialects. The obvious advantage of con- tinued standardisation for users is that Comal 80 packages can be used across many computing systems. Many ex- perts believe that in 1984 Comal 80 will emerge as the preferred language for portable software. _ I nseveral senses, Barrie Cooke occupies the middle ground in Irish art. He lives in Kilkenny, at J erpoint near Thomastown, with Sonja Landweer, and he is one of the few artists in the country to have earned the near universal approbation of his peers. The quality, range and consis- tency of his work have engendered wide and genuine respect. Firmly rooted in nature, that work is fluent, rich and expressive. Certain motifs recur obsessively, like the spiral pattern of organic growth, for example, or the ball and socket of joints, emblematic forms that embody basic natural principles. The paintings are by Aidan Dunne saturated with a sense of their own subject matter: water, light, < earth, vegetation, growth, change, decay and renewal. Cooke is agifted and resource- ful draughtsman. With some previous experience of work in three dimen- sions, in 1969 he began to produce his bone boxes, distinctive sculptures of painted ceramic in perspex boxes that have come to represent a major thread of his work. He also makes portraits. Invariably, the sitters are friends, including Seamus Heaney, Siobhan McKenna, Nora Ring, Brian Boydell and Sonja. A portrait of Ted Hughes remains un- finished in his studio: whenever the poet Visits, he is more inclined to go fishing than sit. Of all Cooke's work, the portraits most clearly suggest the influence of his teacher, Kokoschka. Writing in The Dubliner in 1964, J ohn Montague described Cooke 'as an "intense, dark-beared young man". He is now in his early fifties, but other- wise the description still stan ds. Stocky, relaxed and assured, his one concession to nerves is to smoke roll- your-own cigarettes. He reads a lot, poetry and anthro- pology, is receptive to new ideas and discusses art with tireless enthusiasm. He regards work that he likes - de Kooning and Beckmann, among others - with frank, unaffected wonder. At J erpoint, he and Sonja grow most of their own food. Though he sometimes resents the work, he would rather spend the one day a week that it takes in the garden than teaching. He does do a minimal amount of teaching, but he finds it difficult and disruptive. Other demands on his time include an involvement in the Butler Gallery in Kilkenny Castle and a position on the board of the Douglas Hyde Gallery. Cooke was born in Cheshire in England; his mother was American, and the family moved to the States while he was still a child. His father hated it and they eventually ended up in Bermuda, the nearest British colony. At seventeen, Cooke went to Harvard and took a 'BA, studying biology, Chinese poetry and art history, three disparate subjects that influenced him significantly. Coming from a middle class back- ground, he knew that art existed, but there were few pictures around when he was growing up and it never occur- red to him that there were such things as painters until he went to Harvard. Once he realised, he knew that that was what he wanted to be. His practical art education in America consisted of a spell at Skow- hegan, a prestigious art school staffed by practising artists who worked their students hard. Cooke took automati- cally to the discipline of work. When he went on to Bermuda, he held down three jobs simultaneously for a year to save enough money for a trip. He had decided to go back to England. T he story of how he arrived and decided to stay in Ireland is typical of his approach to life and work in its calm acceptance of chance and its grudging but definite beliefin fate. England, austere, dismal and grey, was a huge disappointment. Cooke went on to Wales. Through a friend at Harvard, he had two Irish contacts, Night Lake Yellow /979 (Detail) and he took a boat from Holyhead. Walking down the gangplank at Dun Laoghaire, he sensed an openness, a freedom that he liked. In DUblin, he did two things. Firstly, he headed for the best fishing tackle shop he could find, Garnetts and Keegan's in Parliament Street. He put a map of Ireland on the counter. He was looking, he said, for a limestone, high pH river with a lot of vegetation that would provide the best dry fly fishing in the coun try. The man he happened to ask was J ack Harris, one of the men best qualified to answer such a question. After about ten minutes thought, he drew an X through a spot in Clare. Next Cooke rang one of his con- tacts, architect Niall Montgomery, said he was looking for a cheap motorbike, and asked for advice. Montgomery took him to see Reg Armstrong, who had just started selling and servicing motorbikes out of a shed. Cooke bought one, for 15, and headed west, to Kilkee and the summer home of his other contact. The house was choc a bloc with children and in-laws. No problem, said the shameless Cooke, I have a blanket, I'll sleep on the kitchen floor. Next day he was driven around to have a look at the county and ended up, in the evening, perched on a bridge near Corofin. He looked down on a river that fitted his criteria exactly, consulted his map, and found that he was standing on the spot J ack Harris had marked. He moved to the village as a paying guest, and later rented a two-room cottage. It was three fields away from the road, there was no path, no water, no electricity. He settled there for abou t a year and a half. When, a couple of years ago, he went there with Sonja, through the windows they could make out an unfinished painting, bits of paper and the piece of lino he'd used as a palette. There is a startling, linear clarity to it all that is almost perplexing, but Cooke puts it down to one factor: he has always known precisely what he wanted. He spent the summer of 1955 at Kokoschka's School of Vision in Salzburg. Characteristically, he went with enough money for a stay of two weeks, but was, fortuitously awarded a scholarship. The regimen was strict. From nine o'clock until it was dark the students drew with charcoal as three or four models moved non-stop around the studio. There were segre- gated dormitories and a basic cafe- teria that served fare like calves lung. A chosen few, Cooke included, were rewarded with a few mornings' oil painting at the end of the summer. S ince the late fifties, Cooke has maintained a consistent and vigo- rous presence on the Irish art scene. One of the founder members of the Independent Artists, he had ten paint- ings in the first show. Patrick Collins liked them and brought them to the attention of gallery owner David Hendriks, beginning an association that lasted until Hendriks' death late last year. Cooke appreciated his faith- fulness. Buyers, for example, did not take to the bone boxes immediately. Out of the first box show, perhaps two and one watercolour were sold. When two years later, it wastime for another show, Hendriks inquired what it was going to be. I'm afraid it's boxes, replied Cooke with some trepidation, but Hendriks was unflustered and offered no criticism. Cooke's life is asequence of abrupt changes. It has the air of a quest: forsaking the undoubted commercial promise of America for the rigour and loneliness of aspartan cottage in Clare; the summer in Salzburg; Amsterdam in the early sixties; Kilkenny andThomas- town in the mid-sixties; and then the Borneo trip. Every move derived from some overwhelming personal need. "What made me take this trip to Africa?" asks Saul Bellow's fictional Henderson, a character who corres- ponds to some degree with Cooke. There are reasons. Cookeisno tourist. He is impressed at the seeming inevi- tability of what he has done, how things have unfailingly connected and made some kind of higher sense. He has never been motivated by ambition. The treadmill of commercial success - big cities, parties, openings - doesn't interest him. His work is very much the fruit of perception in extremis. "Howclosely," asks J ohn Montague, "can the artist expose himself to flux and still trans- pose his findings into that other form of life called art?" Cooke eschews the facile image, the felicitous technique. The worst insult Kokoschka could dole out to a student was to remark of a piece of work that "You could framethat andput it inanexhibition." Cooke appreciated the remark when he came up against the impasse of facility himself. Morethan once he has felt the prisoner of technique, felt that he was making work fine as far asit went, but too smooth, too accom- plished and too sure of its own terms. The feeling presaged and induced change. This happened to him in the early sixties and in the middle seven- ties. The first time, he made the sur- face of his pictures spare and dry, dismissing any voluptuous qualities. The next time, he went the opposite way. He remembered a few months he had spent in J amaica in his teens. He was reading Lawrence for the first time. He had his first love affair. It was the first time he had encoun- tered semi-tropical vegetation. As a child he had been a keen amateur naturalist. Now he realised with alarm that he knew less about the local butterflies than he had when he was nine. What he wanted, he decided, was primary forest. He settled on Malaysiaand Borneo aspossibilities. To finance the trip he sent letters to collectors, people who had bought his work in the past. Hecould promise nothing but first choice of whatever he might produce. Havingposted the first batch, he was strolling along South Anne Street when a stranger hailed him. "Are you Barrie Cooke?" he asked. It was Pat Murphy, Chairman of Rose '84, who worked at the time for Guinness. Through one of those extraordinary coincidences that Cooke seems to attract, Murphy had been, for a time, stationed in Malaya. While there he had brought over a show of Irish art, including work byleBrocquy. Hehad contacts. Le Malaysian state of Sarawak, on the northwest Borneo coast, is an ex- ceptional place. Inhabited by the Iben, the most numerous and aggressiveof the Dayak tribes, it was granted to Sir J ames Brooke by the Sultan of Brunei in 1841. Brooke ruled as an unusually benevolent feudal lord. He was frequently criticised for not ex- ploiting the resources he had at his disposal and he discouraged attempts at converting the Iben. Cooke had reckoned on a stay of two months, but he found that he could live there cheaply and stayed four. He went as a naturalist, which made it easier to obtain avisa, and he collected butterflies. He travelled by foot and canoe and stayed in the local communal longhouses. There werefew Europeans about, apart fromthe inevi- table Irish priest or two. The forest in Cooke's work, in his world, is the thing itself, a humid, steaming, fertile, burgeoning, dark cathedral of growth and decay. And it is a metaphor. Everything happens there, all the time. Things grow, develop, change, join. The division between life and death is blurred. As Bellow has Henderson's mentor re- mark: "Some parts may be so long- buried as to be classed dead. Is there any resurrectibility in them? This is where the change comes in." Cooke points up the process of change, and resurrects what we have dismissed as lost, dead, inert. The marvellous, organic density of his work corresponds to a density of thought, feelings and ideas that goes into it. Though many of the pictures, particularly, have a loose effortless look about them, he is a slowworker. Individual paintings take months, even years. He can worry away at apicture for weeks on end, then resolve it within afewhours. He works inseriesthat connect and overlap. "Great Tench Lake" antici- pated the drenched green space of the Borneo forest paintings. The mythical character Sweeney who surfaced in his last show had formed the subject of a long series of studies, many of them made at the sametime asthe elk drawings and paintings. The Sheela- ria-Gigsof the early sixties anticipate the spectacular relief modelling of the eviscerated sheep painted later in the decade, and they in their turn led on to the bone boxes. To Cooke, art is about vision, the moment of seeing. The instant of revelation when fundamental patterns and connections become apparent. Kokoschka's overriding concern was that people should be receptive, should beopen to seeing. When Cooke enlisted his butcher's aid in recovering portions of sheep carcasses, it followed on from paint- ings he had made about couples - joining, conjunctions. And when, one day, helpfully sectioning the scapula of a sheep, the butcher, cleaver in hand, inquired where exactly he should cut, Cooke, peering at the livid complication of flesh and bone, was struck by this continuity: bone, gristle, flesh. And experienced the revelation that bone is muscle con- gealed. Not one thing or the other, but both. His art is made of such moments. MAGILL FEBRUARY 1984 51 I t'ssomeyears sinceI got onto theReaders Digest's hit list. About 1978, maybe. They sent me a letter saying I had been specially chosen, by computer, because of my fine intellect, social sophistication, personal charm and all round gee whizz goodness, to participate in afun experiment they were organising. Love that kind of flattery, except that at least three-quarters of the people I know received similar letters, and a good two-thirds of them are well- known hairbags and dogbreaths (Mick Belker is ajuicy little guy, isn't he?). Getting the letter made you one of the favoured few. To be absorbed further into the elite you just had to sign this here, tick that there. And you could get "free gifts" and maybe win a super prize. I forget what the prizes were but Quicksilver they weren't (I think the third prize was Nicaragua). J ust in passing, they let you know that signing the form to put your name in for the prize draw committed you to paying for a subscription to Readers Digest, the literary wing of the CIA. This is a notorious hard sell technique thought up by some pimp in a three-piece suit. What most people don't know is that when you receive this kind of crap unsolici- ted through the post you can do what you like with it, without obligation. (A good idea is to buy a small fish, take it out the back yard and peg it to the clothesline, leave it a couple of days. Stick it in an envelope, no stamp, include your name and address, send it off to them. This gets you off their mailing list. Pronto.) I signed and ticked where appropriate, sent it off. I didn't win Nicaragua, but they sent some free gifts (a tacky first aid book- let and a tackier "joke" book. No kidding) and acopy of Readers Digest. And abill. Very handy for lighting the fire. Aswere the Readers Digests and bills that arrived for the next couple of months. Eventually they sent a petulant letter cancelling my subscription. They warned that if I didn't cough up the cash I "owed" they would put my name on a list of defaulting creditors and circulate it. Aye, and even to this day there sits in the safes of all the major merchant bankers, stock brokers and financiers of the world a list warning them not to risk their millions with welshers like Kerrigan. But for this I might have had a fine career in property speculation or bond washing. Another victim of this scam was my mate Scuffles Metcalf. Scuffles is something of a man about town, his every achievement and social engagement chronicled in the public prints (Scuffles at Football Match, Scuffles in Pub, Scuffles ~n Picket Line, Scuffles at Cabinet Meeting - you've seen the headlines, this guy gets around). Scuffles has the virtue of directness, he not being burdened with too much weigh above the eyebrows. Having received the Readers Digest threat, he immediately flew to the States, got the address of one of the top RD executives, who lived in a mansion in upstate New York, scored a handful of heroin, broke into the guy's house, stole enough scratch from the safe to pay for his trip and the heroin, left the stuff in the safe. skedaddled and phoned in an unknown persons tip-off to the cops. The executive was found guilty of possession with intent. Before sentencing, an associate of his called around to the judge's house with the keys of a brand new four-door sedan, air conditioning, the lot. The judge indignantly threw him out. He already had three cars. The associate was back next morning with a shoebox full of money and the executive got a suspended sentence. At least, Scuffles says, he caused the guy a lot of grief and a shoeboxful of money. F riday night, Lazy Pete Maguire and I were elbows down on the bar of The Oasis, discussing the sad plight of so many of our eminent citizens. First it was the Gallaghers came tumbling. Then J oe Moore. Poor Pat Quinn is still mooching around the edges of things. Sean Doherty blew it, Martin O'Donoghue got the bum's rush. Eamonn Andrews went down with his ship. Frank Flynn got the chop. And now even poor Bunny Carr has had to call a press conference to dispose of certain rumours and innuendoes. Bunny Carr. J eeze, it's like someone making allega- tions about Bambi. Scuffles came in and threw an Evening Herald on the bar. "Danger List For Reagan Visit", was the headline. "A detailed list of subversives and political troublemakers is being compiled by the Garda Special Branch" and this will be handed over to Reagan's secret service. This, we agreed, was serious. As founder members of the Spontaneous Aggravation Party we were sure to be on the list. That kind of thing could get your US visa can- celled. It can bring acne-ridden, dandruff- infested Branchmen knocking on your door just when things are hotting up on Glenroe and you miss Biddy kissing Miley. And all because it's election year in the States and Sheriff Reagan wants some snaps of him- self strolling around the oul sod to impress the shamrock vote. Bloody nuisance. The Boss put a pint on the bar. Scuffles drained half of it in agulp. Hesigheddeeply. "Where", he asked, "does this guy Reagan live?" "f inong the Irish pack, Slattery is almost the last man I -~ ,.-:. .. would hav~",thougJ lt ot~s being most deserv~J ?-g';of selection 'to' fulfill the functioil of the unfortunate Admiral Byng who was shot at Portsmouth Harbour in. 1757 pour, as the French put it sojdelicately, encourager les >";' ,, .' , . '>';~'--; ',. :"\'s'i":;:: ,." :~~l !!~~.;~i't~t:tji:~<';%~,!;, ." ',.. ..< .;;:.Byng>,ha~h(been'seJ ?-t off to the ~lediterr~n'e'a'h':inthe Seven Year War \viih;a~sadly'inadequaie,force and he addegto'tlie woes of an even more .ina(i~9~atei'r.British Government by 'failingr'to ... relieve. .the: besieged naval base at MiilOfca. So when he ot back thing is likely to conk out which was what happened to France. I will go further. After watching the performance of the Irishpack against France I was prepared to con- cede that Grandad's Army could con- ceivably succeed to the title of Great- Grandad's army if they went on playing likethat. That may be a big if of course. To survive one really hard game is one thing. To survivefour is another thing entirely. It occurred to me that this particular platoon of old soldiers might not exactly die but they would never do worsethan fade away. On the other hand J im Telfer who was the Lions coach in New Zealand last year might conceivably be right. When he was asked of his future plans J ames asked in return "is there a life after death?" and went on to prove that there is by coaching Scotland to victory in Catdiff a couple of weeks ago. Then the Irish pack went and did much the samething in Paris. Everybody, except Slattery, that is. (McLoughlin does not really count in the argument.) But if I had been asked to nominate the one areaof the forth- coming ball game between Ireland and Wales on Saturday where the Irish might have their opponents at a dis- advantage it would have been inspeed to the breakdown and in the develop- ment of play fromthe breakdown. As this is what Irishrugby has been all about ever since Roman times it does seem to me to be crucial, parti- cularly inviewof the eminently watch- able agonies of the Welsh selection committee asthey writhe about on the floor imitating Richard III onBosworth field. It is thoroughly unkind I know but all sorts of people haveenjoyed no end the contortions of the Welshselection committee after suffering all those years of unrelieved selectorial smug- ness when anybody's unborn grand- children could have picked the Welsh team. But then the Welsh selectors seemed to think that the success of that team was due entirely to their ineffable prescience. Now they give every impression that they could not evenpick their noses. Nowhere in their roulette wheel have the Welsh selectors put up a black more unerringly, when they badly need to drop their little silver balls into the red, than in their selec- tions at loose forward. One of the greatest mysteries in the world of rugby has been how on earth a soul as hard-headed and as pragmatic as Terry Cobner could be party to a decision to choose a bean pole like Richard Moriarty to playas a blind side flanker for the first time in his life in an International match and not only that but in the very position which wasCobner's own speciality! Moriarty can do none of the things that Cobner could do as naturally as breathing and it is not an exaggera- tion to say that Moriarty's selection and that alone cost Wales the game against Scotland. It was a desperately poor contest decided by the tiniest of margins and the gulf by which David Leslie outplayed Moriarty even in the line-out, surely decided the issue. The response of theWelshselectors wasnot to cut their lossesand to make the intelligent adjustment but to leap to the defence of their prematch deci- sion on Welsh television. This of course, shunted them smartly into a horribly public cul-de-sac from which they could not escapeand so they had to pick Moriarty again and pick him in the same position. Oscar Wildehad something to say about that sort of thing. Carelessindeed. This ought to pull the rug smartly from underneath the good things that are in this Welsh team and make no mistake there are some. I will cheer- fully contradict the howl of local discontent in Wales and say I think J ohn Bevan the Welsh coach is padd- ling the right sort of canoes in the right direction in his back division. His backs are not world beaters but they are a good few percentage points better than anything that Ireland has. L et me say too; that I think Wales havenowgot their front rowright. Ian Stephens proved he is the top loosehead in Britain on theLionstour. "Spike" Watkins is a tidy hooker, a determined captain and he can throw in. (Guess who can't?) Ian Eidman is asolidtight head.. Wales have chosen the right locks too so their tight forwards will give Ireland plenty to be getting on with but as I say the whole shebang could be torpedoed by Moriarty and "rugby specials" very pointed illumination of his foul play against Scotland will not help either hiscauseor that of Wales. I would take J ohn 0'Driscoll to clean him out provided O'Driscoll remembers to duck and I would have taken Ireland to dominate the loose ball if Slattery had been playing. Sooner or later of course every top player has to go but there is no sub- stitute for experience particularly against Wales and particularly at this stageof the season. What makes the whole thing the more difficult to comprehend is that the entire Irish back division has been retained intact. Earlier on I likened the French back division to an Aston Martin without enough petrol in the tank. The Irish back division is more like a Model T Ford and not inashow room either. Inamuseum. The only Irish back with any pace at all against France wasKeith Crossan. He followed up one kick so fast that he made the French crowd catch its breath but he was never given the chance to do anything else. Sadly, one of the most incontro- vertible truths about International rugby is that some of the nicest. players off the field are some of the lamest ducks on it, and I haveto say<". that the Irish back division is full of absolutely great guys. But having said: that I do not know how David Irwin could surviveIreland's gamein Paris. Remember that the Irish forwards did win a bit of ball but Ireland never once even remotely threatened to score a try or even to get into a position wherethey might sothreaten. Even Ollie Campbell's confidence about his decision making seemed to have been shot to pieces. That confidence must have been in tatters after the Lions tour and hehas not played enough football since to get it back. He has not had the help from a coach sufficiently qualified either technically or psychologically to help him either. All round New Zealand and ever since Campbell has been aprisoner inhis own castle. Two years ago against Wales in Dublin Campbell had one of the greatest days of his rugby life. He badly needs a day like that again and he might like the old flame with afew judicious forays up the blind side, past the Moriarty light house and past a Welsh Number 8 who has just been deprived of the Captaincy in the most humiliating circumstances and who therefore is attracting as much sym- pathy and commiseration as another sadly put upon creature whose initials he shares - ET. Theanalogy would be evencloser if Walesplayed ingreen. Psychologically, the match between Ireland and Wales is a fascinating equation if only because it is entirely negative. The conviction of almost the whole Welsh nation that their anti heroes are going to get stuffed is only rivalled by a similar belief nurtured with equal ferbour on the other side of the Irish sea that Irish rugby is on its knees. Both cannot be right but fortuna- tely for both countries no one ismuch good at rugby football in Europe at the moment and so in comparative terms the situation is not as bad as it looks. Irish rugby is probably on one knee only and like Wales it can look forward to dear old England to help it back to its feet. _ I n the good old days litigation was unknown in Irish soccer. Then the game itself amounted to something. Now when grounds are empty the courts are full of disputatious football men. This League of Ireland season opened in the High Court where ownership of Limerick CityIUnited was at issue. That dispute was even- tually settled in favour of Fried Chicken magnate Pat Grace, but not before the League programme was seriously disrupted. Coincidentally or not, two of the supporting players from that sagahave turned up in starring roles in the latest caseto come before the bench. J ohn E. Nolan, brother of broad- caster Liam, and Tony Byrne, self- made millionaire, are the principal named defendants in a complicated action that has been taking place in the High Court for the past two weeks. The Plaintiff, one Oliver Byrne, is alleging that a deal negotiated in Sep- tember 1982 in respect of the sale of Shelbourne Football Club Limited had the object of defrauding the creditors of the company. He is suing the club, J ohn E. Nolan, Tony Byrne, Frederick Strahan, J oe Wilson and Reds Limited for recovery of 21,789 lent to the club previous to this sale. The defendants deny that Oliver Byrne is a creditor and claim that their ploy of selling the assets of Shelbourne to Reds Limited for 500 was a legitimate expedient to enable the club to continue in the Famous Chicken League. Oliver Byrne's asser- tions are presented by Mr Sean Ryan SC. The defendants arerepresented by Mr Gerard Lardner. Mr J ustice O'Han- Ion is hearing the case ... and smiling benignly ashe does so. ally Byrne owns Beaney and Barney's 24 hour grocery shop in Ringsend. He's Dublin streetwise, 49, thickset and deals in cash. ally's late father was Chairman of Shels. Shelbourne is Ireland's oldest professional club. It was founded in 1895 and has a glorious tradition. In the folk memory of Real Dubliners Shels belong with coddle, Alfie Byrne (no relation) tuppenny packets of smokes and the Old Theatre Royal. All are symbols of the Rare Old Times. Shels was never as successful as their great rivals Shamrock Rovers but the Reds were somehow more authentic. ally has always supported Shels. By 1982 when Tony Byrne arrived on the scene the old club was in decline and almost broke. Tony Byrne owns the Liberties Bazaar, the Tivoli Theatre and an importing business called Euroware. Tony deals in invoices and cheques. He is 43. He used to play for Sham- rock Rovers as apart-time pro, afringe player in the great 'Rovers side of the fifties. Most of his energy went into busi- ness. He took his first job in a pawn brokers. Tony offered to work there for nothing. Coming from the poverty of Ormond Square, where he grew up alongside his close friend J ohn Giles, Tony didn't 'know much about how the world worked. But observing the people around the inner-city had taught him one lesson; the local pawn- broker was ahead of the game. So he signed on to learn the tricks of the trade. Today Tony Byrne is reckoned to be a millionaire. He has bought and sold everything from Polish shoes to escalators. Eighteen months ago he bought Shels. H e bought it from Tom Rowan and Gerry Doyle. Tomand Gerry are a legendary duo on the Dublin soccer scene. Tom large, expansive, florid, and Gerry small, pale, impish had between them a majority share- holding in Shels. They weren't so much in business as in love, in love with Shels and The Rare Old Times. For fifteen years they kept the old ship afloat. They relied on goodwill and whenever they looked like sinking they would find awealthy businessman to "invest" in the cause. They spent a lot of their own money too. Gerry owns Home Services, a hoover clinic on Harold's Cross l3:oad. He is a passionate little man, apassion not subdued by the frigid air of the High Court. "Ah, your Honour, hold on a minute," Gerry interjected (or rather howled) from the back of the court- room onthe second day of thehearing. What was bugging him was aline of questioning being pursued by the elegant Mr Lardner for the defendants. EamonDunphy At The Shelbour ne Fe Tr i al This suggested to Olly Byrne in the ...-itness box that money put into the :;;0 Shelboume by him (Olly) and by people like Tom and Gerry was not money lent but money given. They were not therefore creditors. Gerry's outburst colourfully disputed this analysis. Anxious eyes turned from Gerry to J ustice O'Hanlon. The judicial response was agentle, humane rebuke. As the days passed and the legal bills mounted J ustice 0'Hanlon's good humour and impressive grasp of foot- ball values kept the case moving for- ward. Fortunes swayed between what was legally proper and what was naturally just. When did a loan, which was legally repayable, become a con- tribution, which was not? And what about Olly's relationship with the club? His family had sold the majority shareholding they once held. But they had not stopped loving the club. So much so that one afternoon in 1976 Olly had left his stand seat in Tolka Park and smacked a referee who'd displeased him. The FAI suspended him for that for fiveyears. Except for that he would have been a director in 1981, whenhe'd put the money in. He'd never asked for receipts. "The only thing that mattered m'lord was keeping Shelsalive." It was the basis of the defendants casethat Shelboume F .C.Umiteu was not legally alive when Tony Byrne stepped in. H e'd bought Tom and Gerry's shares on the understanding that he would retain the name of Shelsand reach agreement with the creditors. "We were concerned about our creditors," Tom Rowan had asserted in the witness box. "But you owed 60,000 and had no means," Mr Lardner replied. Disputing this Tom pointed out that if you applied commercial criteria "ninety per cent of the club's here and in England would be out of busi- ness." What about FAITH and HOPE, Shels might have won the cup or sold aplayer? Did His Lordship smile sympathe- tically as Tom urged Mr Lardner to include such intangibles in his balance sheet. Senior Counsel looked exasperated. Faith and hope are commodities J ohn E. Nolan does not generally deal in. While the plaintiff and friends pulled their documentary evidence from plastic shopping bags, J ohn E. reached for hisleather briefcase. He was the first defendant to the witness box. Known as The Companies Man J ohn E. is the boss of Company Printers Ltd, a company registration business. He provided, for his "good friend" Tony Byrne, Reds Limited. When Tony acquired Shelbourne he trans- ferred all its assets to Reds for 500 and 2,700 towards payments of the old club's debts. And twenty-five per cent of net gate receipts towards same. If there werenet gate receipts. Did this transfer constitute afraud on the creditors? Were the people who were owed 60,000 by the Old Shelbourne, a company that dealt in Faith and Hope any more likely to get paid by the New Shelbourne (Reds Limited) a company that dealt inlegal niceties? A conflict between old values and new that the judge seemed to under- stand. WhenMr Lardner entered aplea of no-suit halfway through the case saying that Olly was not a creditor in "the ordinary sense" J ustice 0'Hanlon refused his submission. There was a prima faciacaseto answer. Meanwhile in places of desperate. need such as Tallaght and Cork there is no League of Ireland football. The case continues. The League staggers on. THE SHAFTING of Ken Ryan has re- vealed hitherto unplumbed depths of gutlessness in Fianna Fail and hypo- crisy in other places. What did Ryan do wrong? He asked FF members to keep an eye out for wrongdoing and deviousness by opposition parties, to check out any stories they heard and send the results to HQ. What in the name of Haldeman is wrong with that? He didn't suggest that they invent stories, merely that they report. Fair play to him. It is surely one of the functions of a poli- tical party to act asa watchdog against wrongdoing by other politicos. Ryan quite properly indicated that party units should fulfil that role. And his desire to have such stories checked out is a healthy alternative to the usual rumour-m ongering. * * * FlANNA FAIL should have stood by Ken Ryan. So rattled is the party by fear of scandal that it abandoned commonsense and loyalty and stuck a knife in Ryan's back. Michael O'Ken- nedy's opportunism was reprehensible and should not be forgotten. * * * FlANN A FAIL deserved everything they got for their carry-on. However, there is a tendency to cry scandal at every opportunity. It's not that the press is too hard on Charlie but that it's a bit too easy on everyone else. For instance, what is one to make of Garret FitzGerald's attempts to smear Sean Doherty? As the pressure moun- ted on Doherty, FitzGerald personally approached two prominent people in the media in attempts to convince them to publish anti-Doherty stories. Can Fine Gael then dare to throw stones at Ken Ryan? * * * FINE GAELERS in Roscommon were all too ready to fill journalists' ears with slanders against Sean Doherty and Geraldine Brannigan and stories about the crashed state car in Kerry. J ournalists checked out the stories, found them to be baseless and didn't print them. That didn't stop FineGael. A system of checking rumours, so that a party could make allegations if necessary and stand over them and take responsibility, as proposed by Ryan, is an honourable way of doing things. 62 MAGILL FEBfUARY 1984 * * * IT WAS the Irish Times that got all moralistic about Ken Ryan. One assumes then, that if a Fianna Failer gets a nice juicy story on a govern- ment Minister and passes it on the Times will turn up its nose and refuse to print it? Like hell it will. No, on second thoughts, given its recent record, it will, it will. * * * GREAT game this, bond washing. Nothing new about it, of course. It's just that the reverend gentlemen who cover the financial scene never told us about it before. Fair play to the bond washers. They organised a conspiracy to de- stabilise the economy, a conspiracy involving hundreds of millions of pounds. That's the name of the game - grab the money and run. Feck it while you can. But surely this should be against the ethos of the reverend gentlemen? If it was CIE workers, petrol lorry drivers, nurses, teachers or shop assistants looking after their "sec- tional interests" there would have been a storm of condemnation. The newshounds would have been sent out to find the Provo or Militant or Charlie Haughey who was behind it. Not asausage. Instead, it was explained how it was all Alan Dukes's fault. * * * THE Irish Press headline read: "Keating wins Euro seat". For a second we thought the election had been held when we weren't looking. What they meant was that the latest twist in the scandal of the Labour Euro seats had occurred. We elected four Labour people, but eleven of them shared out the goodies in the most undemocratic rip-off since Caligula (Taoiseach of Roman times) appointed his horse a Senator. The only answer to this is: those anti-democrats who stand in the Euro elections this year, who have seats on a buckshee basis and who were not elected to them, should be boycotted. These are: Brendan Halli- gan, Flor O'Mahony, Sean Tracey and J ustin Keating. Now, if J ustin Keating gets as many votes as he got viewers for his Sunday TV show .... * * * . THE RUMOURS around town about the Workers' Party are only ferocious, and this is most unfair. No sooner had the WP finished swearing that their military wing has stopped robbing banks than people were accusing them of forging banknotes and running all kinds of building site fiddles. The WP statement on the matter wasn't much help, being a species of bluster rather than aringing denial. Either the rumours are true, in which case the democrats in the WP can use the occasion to bounce out the conspiratorial wing, or they're not. In which case the whole thing is easily resolved by calling a press conference or public meeting attended by all the leading members of the WP, thereby scotching the claims that a "top man" has been on the run since the forged banknotes were discovered. * * * RTE is so desperate for listeners for Radio 2 that they have resorted to jamming Radio Nova (they say testing, we say jamming). They are playing a constant whine on Nova's VHF fre- quency - this is believed to be George Waters's speech on the need for a licence fee increase. Radio 2 has enough talent - Larry Gogan, Mark Cagney, Ronan Collins, J ulian Vignoles, Dave Fanning etc etc etc - to just get on with the job and win listeners through quality. But pettiness rules. Those of us upset at being deprived of the legendary Mike Moran on Nova VHF are quite happy to twiddle the dial to the right and listen to the people's friend, Paul Vincent, on Sunshine. * * * GOOD old Dessie 0 'Malley, always good for a laugh. The state, he says, should set up a paramilitary force. Good man, Dessie, the D Specials, is it? J ust what we need, another bunch of paramilitaries. Perhaps they could plant carbombs outside Provo head- quarters? Or they could burst into the house of some prominent Provo and shoot him in front of the wife and the kids? Dessie gets 16,413 a year to think up things like that. Plus 7,5'40 of a pension for having had similar brain- waves in the past. Gene Kerrigan