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In September 2006, Kennedy approved the publication of an article in The Irish Times giving confidential details of investigations being made into payments purported to have been made in 1993 to Taoiseach Bertie Ahern.
Kennedy refused, upon request of the investigating Tribunal, to provide details of the source of the printed information.
She responded that the documents had since been destroyed.
Her refusal caused the Tribunal to seek High Court orders compelling her to provide details of the source.
On 23 October 2007, the High Court granted the orders compelling her to go before the Tribunal and answer all questions.
In its judgment, the High Court, criticising her decision to destroy the documents, said it was an " astounding and flagrant disregard of the rule of law ".
Kennedy announced, on 9 November 2007, that she would appeal the High Court's orders to the Supreme Court.

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