(Staff photo)
The Vice President of Brunswick News Inc, (BNI) was the final witness Tuesday in a Moncton courtroom, part of an ongoing wrongful dismissal trial involving BNI and one of its former Managing Editors, Al Hogan.
Testimony lasted all day for Jamie Irving which began with lawyer Catherine Lahey, (representing BNI) spending over an hour questioning Irving on what he knew about Hogan’s actions which led to his dismissal in 2015 from the Times & Transcript.
Under testimony, Irving stated Hogan was fired for cause, adding Hogan misled Brunswick News during a 2013 investigation around details of a trip former assistant managing editor Murray Guy took to Larry’s Gulch fishing lodge.
Irving recounted how Toronto based news site and podcast Canadaland contacted BNI in 2013, alleging the paper covered up a story regarding Guy’s appearance on the guest list of the government-owned lodge.
Upon learning of Canadaland’s intent to move ahead with the piece, Irving stated he got in touch with then Editor Patrick Brethour and met with him the next day.
“We decided we would address the Canadaland story and to move swiftly to protect the reputation of the organization.”
“In 2013, one of our Telegraph Journal reporters did an access to information request on who had gone salmon fishing at Larry’s Gulch, we were surprised to find one of our editors was a guest,” said Irving in a response to Lahey. “It was clearly inappropriate to take a gift like that,” he added.
Irving also recounted a conversation he had with then Editor John Wishart about dealing with the matter in November of 2013.
“The behaviour was clearly inappropriate, it was bad judgement, he (Guy) should have known better. Irving said It was agreed Al Hogan would be responsible for dealing with the matter. “Al Hogan was supposed to reprimand Guy,” Irving continued, “There was not much we could do other than explain it was unacceptable and Hogan would be the one to discipline.”
Irving stated, “We had an incident in 2013, we thought we had addressed it, as an internal employment matter which we dealt with accordingly.”
Irving continued under Lahey’s questioning, saying a verbal warning was given to Guy it was agreed the behaviour would not happen again.
In relation to reports of Guy’s name appearing on the guest list, he later described a need to react to the paper’s readership and make a statement to Canadaland that the matter was dealt with accordingly.
“I was surprised to find out there was discrepancies,” stated Irving, describing later that a proper investigation would be required.
Lahey asked Irving about an email between Guy and Hogan in which Hogan asked if Guy had used, “Thomas” his real name, when registering on the guest list. A later email was shown to Irving by Lahey between Guy and Darell Fowlie, an employee of then Premier David Alward of which included a line from Hogan mentioning Guy ask Fowlie to change the name on the registry. Hogan has maintained he thought Guy wasn’t a visitor to the lodge and acted only to correct an error on the guest list.
Irving noted the investigation had also determined Hogan had altered emails in an alleged attempt to mislead, calling such a move, “incredibly bold and stupid, I could not believe he pulled a stunt like that.”
Lahey asked Irving if the trip to Murray’s Gulch is what led to Hogan being terminated, to which Irving replied, “It was clearly about lying to us, misleading us, altering emails and attempting to have public documents changed, that’s why we fired him.”
Hogan’s Lawyer, Scott Ellsworth later cross-examined Irving into the afternoon, asking why it would be improper if to go on a fishing trip to Larry’s Gulch.
Irving stated Hogan’s firing had nothing to do with the fishing trip, saying Guy’s trip was about “taking a substantial gift,” later stating, “It was not good behaviour for a journalist.”
Ellsworth repeatedly asked Irving if he was aware of Hogan’s side of the story, including emails which were shown to Irving dated October 10, 2013, from Murray Guy to Hogan, saying it was a mistake with Guy adding he didn’t go on the trip. Irving told the court of BNI’s later internal investigation mentioning it was conducted by internal council and human resources for the company.
Ellsworth questioned Irving on whether he knew Hogan was in the dark about Murray’s actual attendance at the fishing lodge to which Irving replied, “Murray went fishing, Al knew about it, and Al was supposed to make sure it didn’t happen again.”
Ellsworth returned to questions on the BNI investigation later, asking if Irving had read the final investigation recommendations before the decision was made to the terminate Hogan. Irving responded by saying it was delivered verbally to him over a phone call with former Brunswick News Editor Patrick Brethour and others before calling it, “complete and thorough.”
Irving repeatedly answered Brethour led the internal investigation, saying he himself had little to do the investigation itself other than being interviewed as part of it.
Irving was then questioned why Hogan’s version of events wasn’t included in a column about the issue in BNI papers, offering Hogan was never asked “why” he would have altered an email with Irving replying the email in question did not show up until late in the investigation before adding he could not recall asking to see any witness statement from Hogan.
Questions to Irving wrapped late Tuesday, concluding witnesses for both sides in the case.
The matter is back in court Wednesday in Moncton where lawyers for each party are expected to deliver closing arguments.
