Ex-Sinn Féin leader awarded £100k in BBC libel case

Gerry Adams has gained €100,000 (£84,000) in damages over a BBC story in regards to the homicide of a British agent.

A court docket discovered the previous Sinn Féin chief was defamed in a BBC NI Highlight programme broadcast in 2016 and an accompanying on-line article, by which an nameless contributor alleged he sanctioned the 2006 homicide of Denis Donaldson.

Mr Adams, 76, denies any involvement.

He stated taking the case “was about placing manners on the British Broadcasting Company”.

In an announcement on Friday, the Donaldson household known as for a public inquiry into the homicide, including they’ve been “stonewalled” whereas the libel case carried on.

The authorized invoice for the case is believed to be between €3-5 million (£2.5-4.2m), in response to sources with data of the case.

It’s understood to be have been some of the costly circumstances the company has ever fought.

The top of the BBC in Northern Eire stated the implications of Mr Adams’ court docket win had been “profound”.

Adam Smyth, director of BBC NI, stated its authorized staff had warned the jury’s choice within the high-profile case might “hinder freedom of expression”.

The trial on the Excessive Courtroom in Dublin heard 4 weeks of proof from 10 witnesses, together with Mr Adams and BBC NI reporter Jennifer O’Leary.

The jury discovered phrases used within the programme and accompanying article meant Mr Adams sanctioned and accredited Mr Donaldson’s homicide.

Additionally they discovered the BBC didn’t report the allegations in good religion and settled on €100,000 in damages.

The 11-person jury got here to its findings after six hours and 49 minutes of deliberations.

Talking to reporters, Mr Adams thanked the court docket and stated he was “very conscious” of the Donaldson household in the middle of the trial.

“I do know many, many journalists. I wish to suppose that I hit it off with most of them and I want you nicely and I’d uphold your proper to do your job,” he stated.

“However the British Broadcasting Company upholds the ethos of the British state in Eire and, in my opinion, it is out of sync in lots of, many fronts with the Good Friday Settlement.

“It hasn’t caught on to the place we’re on this island as a part of the method, the persevering with course of, of constructing peace and justice and concord and hopefully, within the time forward, unity.”

Mr Adams’ solicitor, Paul Tweed, known as the allegations towards his shopper “completely unfaithful and defamatory”.

“The BBC Highlight staff mustn’t have included it of their broadcast,” he informed reporters.

“Our shopper may be very happy with this resounding verdict and award of damages which speaks for itself.”

The very fact the “false allegation has been left on-line for 9 years” had “undermined the excessive requirements of accuracy that’s anticipated on the BBC,” Mr Tweed stated.

“It begs the query whether or not there was any political or outdoors stress on the BBC to take the stand they’ve taken.”

The BBC had argued a defence of truthful and cheap reporting on a matter of public curiosity.

Talking outdoors court docket, the director of BBC Northern Eire stated he was disillusioned.

“We imagine we provided intensive proof to the court docket of the cautious editorial course of and journalistic diligence utilized to this programme and accompanying on-line article,” stated Mr Smyth.

“We did not need to come to court docket, but it surely was necessary that we defend our journalism and we stand by that call.

“In fact, a case of this significance, length and complexity entails vital expense.

“In frequent with different media organisations the BBC, has insurance coverage and makes monetary provision for ongoing and anticipated authorized claims.”

Denis Donaldson was as soon as a key determine in Sinn Féin’s rise as a political drive in Northern Eire.

He was discovered murdered in 2006 after it emerged he had labored for the police and MI5 from inside Sinn Féin for 20 years.

In 2009, the Actual IRA stated it had murdered him.

Mr Donaldson’s daughter stated the homicide and surrounding circumstances have “devastated” the household.

In an announcement issued on Friday Jane Donaldson stated the household “supported neither facet” on this case, and he or she criticised the court docket for not permitting her to testify.

“The jury heard delicate, privileged household data tossed round with out our consent, however didn’t hear my testimony,” she stated.

She additionally criticised Mr Adams.

“By lowering occasions which broken our lives to a debate about injury to his popularity, the plaintiff has trivialised our household tragedy,” she stated.

“The plaintiff prioritised his personal monetary and reputational pursuits over any regard for retraumatising my household.”

Mr Adams was the chief of republican social gathering Sinn Féin from 1983 till 2018.

He served as MP in his native west Belfast from 1983 to 1992 and once more from 1997 till 2011 earlier than sitting as a TD (Teachta Dála) within the Dáil (decrease home of Irish parliament) between 2011 and 2020.

Mr Adams led the Sinn Féin delegation throughout peace talks that finally introduced an finish to the Troubles after the signing of the Good Friday Settlement in 1998.

He was detained within the early Seventies when the federal government in Northern Eire launched internment with out trial for these suspected of paramilitary involvement.

Mr Adams has persistently denied being a member of the IRA.

Mr Justice Alexander Owens blocked three individuals showing as witnesses, together with Denis Donaldson’s daughter, who the BBC wished to name to testify.

Nonetheless, the decide dominated what she supposed to say was irrelevant in respect of what the jury needed to take into account.

The BBC additionally wished to name Austin Stack, whose father Brian, a jail officer, was fatally wounded in an IRA gun assault in Dublin in 1983.

It additionally tried to name Eunan O’Halpin, a professor of up to date Irish historical past at Trinity Faculty, Dublin.

BBC NI Highlight reporter Jennifer O’Leary thanked the authorized staff concerned in “defending the BBC’s journalism”, and the BBC’s witnesses in court docket.

“I stated within the witness field that I had nothing to cover, solely sources to guard, and I need to thank them for trusting me,” she stated.

Jury trials are normally longer – and subsequently dearer – than these held in entrance of a decide performing alone.

The Republic of Eire is within the technique of overhauling its defamation legal guidelines, together with the elimination of jury trials in Excessive Courtroom defamation circumstances.

In Northern Eire, there was “a presumption towards jury trials” in libel circumstances since 2022.