Former Sinn Fein leader Gerry Adams has been awarded €100,000 (£84,000) in damages after winning his defamation action against the BBC.
The 76-year-old had claimed a BBC Spotlight programme and an online article published in 2016 defamed him by alleging he sanctioned the murder of former Sinn Fein official Denis Donaldson, for which he denies any involvement.
A jury at the High Court in Dublin found in his favour on Friday after determining that was the meaning of words included in the programme and article.
It also found the BBC’s actions were not in good faith and the corporation had not acted in a fair and reasonable way.
Mr Donaldson, 55, was shot dead at a cottage near Glenties, County Donegal in 2006, months after being exposed as a British agent.
The dissident republican group the Real IRA claimed responsibility for the killing in 2009 and a Garda investigation is ongoing.
During the civil defamation trial, Mr Adams claimed the Spotlight programme was an “attempted hatchet job” that was “full of inaccuracies”.
The programme featured an anonymous source named “Martin” who said that murders had to be approved by the political and military leadership of the IRA. When pressed on who he was referring to, “Martin” replied: “Gerry Adams. He gives the final say”.
Mr Adams, who spent seven days in the witness box during the trial, described the allegation as a “grievous smear”.
He told the court that he had “liked” Mr Donaldson and was “shocked” to learn of his murder.
“Personally, I think Denis Donaldson was a victim of the conflict. I don’t see any other way of describing it,” he said.
From left: Former IRA commander Martin McGuinness, Denis Donaldson and Gerry Adams. Pic: PA
Speaking outside court after the verdict, Mr Adams, who spoke in both Irish and English, said this case was “about putting manners on the British Broadcasting Corporation”.
Mr Adams told reporters: “The British Broadcasting Corporation upholds the ethos of the British state in Ireland, and in my view it’s out of sync in many, many fronts with the Good Friday Agreement.
“It hasn’t caught on to where we are on this island as part of the process, the continuing process, of building peace and justice, and harmony, and, hopefully, in the time ahead, unity.”
Mr Adams added that he was “very mindful of the Donaldson family” in the course of the case.
He continued: “I want to say that the Justice Minister Jim O’Callaghan should meet the family of Denis Donaldson as quickly as possible, and that there’s an onus on both governments and everyone else, and I include myself in this, to try and deal with these legacy issues as best that we can.”
Gerry Adams speaks to media.
Pic: Reuters
Asked what the outcome of the case might mean for his reputation, Mr Adams replied: “I’ve always been satisfied with my reputation.
“Obviously, like yourself, we all have flaws in our character, but the jury made the decision and let’s accept the outcome, and I think let’s accept what the jury said.”
Mr Adams’s legal team sought at least €200,000 (£168,000) in damages. The former Sinn Fein president had said he would give any award received to good causes.
His testimony during the trial was wide-ranging, including a lengthy account of his early years and political awakenings. At times, he became emotional as he recalled past events.
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Gerry Adams outside the High Court in Dublin. Pic: PA
The BBC denied it defamed Mr Adams and claimed the Spotlight programme and article were put out in good faith and during the course of discussion on a subject of public and vital interest.
It defended its “responsible journalism” and said that it was the result of careful investigation. The BBC also argued it was merely reporting allegations, rather than standing over them.
The British public service broadcaster also argued it would be a “cruel joke” to award the former Sinn Fein president any damages.
The scene of the 2006 murder of Sinn Fein member and British informant Denis Donaldson.
File pic: PA
Adam Smyth, director of BBC Northern Ireland, expressed disappointment at the outcome of the case.
Speaking to media outside court, Mr Smyth said: “We believe we supplied extensive evidence to the court of the careful editorial processes and journalistic diligence applied to this programme, and to the accompanying online article.
“Moreover, it was accepted by the court and conceded by Gerry Adams’ legal team that the Spotlight broadcast and publication were of the highest public interest.
“We didn’t want to come to court but it was important that we defend our journalism and we stand by that decision.
“[Northern Ireland’s] past is difficult terrain for any jury and we thank them for their diligence and careful consideration of the issues in this case.
“The implications of their decision, though, are profound. As our legal team made clear, if the BBC’s case cannot be won under existing Irish defamation law, it is hard to see how anyone’s could, and they warned how today’s decision would hinder freedom of expression.”
Director of BBC Northern Ireland, Adam Smyth, outside the High Court in Dublin.
Pic: PA
BBC Spotlight journalist Jennifer O’Leary outside the High Court. Pic: PA
BBC Spotlight reporter Jennifer O’Leary said: “I said in the witness box that I had nothing to hide, only sources to protect, and I want to thank them for trusting me.
“I’m a big believer in trying your best in life and going about your business with integrity, and I want to pay a particular tribute to our witnesses in court, senator Michael McDowell, Trevor Ringland, and in particular Ann Travers, who spoke so courageously.
“There are thousands of Ann Travers across this island and in Britain, victims and survivors of the Troubles, and in the years of violence after the peace agreement … those people carry the burden of their grief and trauma with incredible dignity and courage, and they are the people I am thinking of, I know my colleagues are also thinking of. I am thinking of all of them today.”
