BBC given time to consider appeal in Gerry Adams libel case
Mr Adams took the BBC to court over a 2016 episode of Spotlight, and an accompanying online story, which he said defamed him by alleging he sanctioned the killing of former Sinn Féin official and MI5 agent Denis Donaldson, for which he denies any involvement.
On Friday, a jury at the High Court found in his favour and awarded him €100,000 after determining that was the meaning of words included in the programme and article. Former Sinn Fein president Gerry Adams. Brian Lawless/PA Wire
The BBC will also have to pay Mr Adams's costs. However, the broadcaster was granted a stay on paying the full costs and damages, allowing it time to consider lodging an appeal.
The stay was subject to paying half the damages – €50,000 – and €250,000 towards solicitors' fees. Eoin McCullough SC, for the BBC, told trial judge Alexander Owens yesterday that he was applying for a stay.
He said his client had not determined if it would appeal but added that he was seeking a stay until the end of the appeal period. In making its decision, the jury also found the BBC's actions were not in good faith and it had not acted in a fair and reasonable way. Eoin McCullough SC, representing the BBC in their libel case against former Sinn Féin President Gerry Adams. Pic: Tom Honan
When asked by the judge for what grounds an appeal could be taken, Mr McCullough said the court had rejected applications by the defence on matters put to the jury relating to Section 26 of the Defamation Act.
In particular, he questioned the decision to reject an application to withdraw the question of 'good faith' to the jury, and the order in which that question was asked of the members.
The jury was asked the good faith question before making a decision on whether the publication was fair and reasonable. Former Sinn Fein president Gerry Adams. Pic: Collins Courts
Mr McCullough said it was inevitable the jury would find against him on the matter of fair and reasonable action once it had already found against him on good faith.
Judge Owens agreed with counsel that there may be grounds for an appeal on the fact that the jury was first asked to consider if the actions were in good faith before considering if the actions were fair and reasonable.
Tom Hogan SC, for Mr Adams, said if the court was going to grant a stay, it should be on the basis of something being paid towards the award. Tom Hogan, Barrister for former Sinn Fein president Gerry Adams. Pic: Tom Honan
Judge Owens granted the stay subject to the conditions that €50,000 be paid towards damages and €250,000 towards the solicitors' fees. However, this can also be appealed against.
Mr McCullough had raised other potential grounds for appeal, including the decision not to allow Mr Donaldson's daughter to give another 'version' of matters given in evidence by the family's former solicitor, Ciarán Shiels.
Mr Hogan said there had been talk about BBC services being blocked in the Republic. Judge Owens replied: 'I heard that.. I don't imagine that will happen.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Examiner
2 hours ago
- Irish Examiner
Arrival of new and unknown candidate in presidential election injects some life into dull race
The arrival of a new and unknown candidate in the presidential election has, for a brief moment, ignited what has been an unmercifully dull race. The high level of coverage garnered by businessman Gareth Sheridan came from a combination of his newness to the public stage, his age and, if we're being frank, a media which wants the race to kick off while it stubbornly refuses. One might think it would be sensible in a personality-driven race to take advantage of the fallow summer months news-wise and be in attendance at every agricultural show or public event you can find, but there is a wariness this time around due to a number of factors. Firstly, the elephant in all of the rooms owned by large political parties — money. While the figure often bandied about for a presidential run is €250,000, one informed source said the real cost to political parties could be anywhere up to three times as much. While none of the major political entities is broke, running three elections last year has drained the coffers somewhat. According to election spending reports published recently, Fianna Fáil had just €470,000 in cash at the end of the year. The party has this year run a "superdraw" raffle, understood to have brought in about €600,000. For Fine Gael, it had €1.7m on hand at the same time. Both parties paled in comparison to Sinn Féin, which finished the year with €4.6m in cash. While the chance to dominate the airwaves and column inches might be tempting, moving a candidate across the country requires time and resources, which teams are loathe to do. Secondly, there is the acknowledgment the campaign itself will be short, but gruelling. Fine Gael's candidate, former European Commissioner Mairead McGuinness acknowledged this in her letter of acceptance for the nomination, when she told supporters: "I do hope that you manage to get to enjoy some down time with family and friends before September." While the race is currently being held at walking pace, it will turn into a full-on sprint come September, and burning out your team, candidate and the public before the real business begins is a short-sighted plan with so much left to play for. Thirdly, the field is not yet clear, so it's not obvious where either of the two confirmed candidates — Ms McGuinness and Galway TD Catherine Connolly — should be pitching themselves. While Sinn Féin is expected to make a decision at some point in August, Fianna Fáil members are not expecting a candidate to be confirmed until its think-in in Cork next month. Unless, of course, the party opts not to run a candidate and allows Mr Sheridan become something of a proxy candidate, similar to how it approached Sean Gallagher's run in 2011. While the idea has been floated online, many in Fianna Fáil were quick to pour cold water on it, saying Mr Sheridan's association with independent senator Sharon Keogan would be one stumbling block, given her frequent criticism of the Government, as would Mr Sheridan's previous low profile and lack of public service. But, beyond that, there is only a handful within the party who do not believe it should have its own candidate. "We're the biggest party in the Oireachtas, we have to compete," said one TD. While some drew a straight line between Mr Sheridan's emergence this week and Fianna Fáil's lack of a candidate, it does not appear that straightforward.
Irish Independent
7 hours ago
- Irish Independent
Second council pauses tenant-in-situ scheme in Dublin
The scheme, which saves tenants from eviction when landlords choose to sell the property, was allocated a budget of €25m this year. However, a decision has now been made to pause the scheme, impacting 41 houses in the process of being purchased this year. SDCC confirmed it will not be accepting any new applications for the scheme at this time. However, they will be kept under review pending funding reallocation in cases where conveyance does not proceed. Sinn Féin Dublin mid-west TD Eoin Ó Broin said the decision to pause the scheme is 'simply unacceptable'. Mr Ó Broin is calling for more government funding for the measure. 'The Government must reverse this callous decision and reinstate and increase the funding for the tenant-in-situ scheme,' he said. '[It must] reintroduce the necessary flexibility for councils, so that they can acquire the maximum number of properties to prevent households from becoming homeless.' Mr Ó Broin said the rule changes and funding cuts implemented by Housing Minister James Browne in April are preventing a number of families from accessing the 'vital homeless prevention scheme'. 'This confirms once again that the decision is putting significant numbers of families at risk of homelessness. This is simply unacceptable,' he said. The decision comes off the back of Fingal County Council's announcement to also pause the scheme last month. Speaking on RTÉ's Morning Ireland at the time, Sinn Féin TD Louise O'Reilly said the decision affected 60 properties in Fingal in the process of being purchased this year. 'The council tells me they don't have any money, that they have spent it all and they cannot continue with the tenant-in-situ,' she said. Reading from a letter from Fingal County Council, Ms O'Reilly said: 'The second hand acquisition for 2025, has been exhausted. 'That's 60 very devastated families. The tenant-in-situ programme is virtually the only homeless prevention measure the council has at its disposal.'
Irish Times
10 hours ago
- Irish Times
Lucy Letby: Who to Believe review - Baffling probe of convicted neonatal nurse's case
When former neonatal nurse Lucy Letby was convicted in 2023 of the murder of seven babies and the attempted murder of six more at a hospital in Cheshire, the consensus was that a monster had been put behind bars – that the world was a safer place. But what if Letby (35) was the victim of a miscarriage of justice – or, worse yet, an institutional stitch-up? The possibility that Letby might be innocent after all is explored in Panorama: Lucy Letby – Who To Believe ( BBC One, Monday, 8pm) – albeit to wildly inconclusive effect. The BBC isn't the first to raise questions about the conviction. Panorama airs just a week after Lucy Letby: Beyond Reasonable Doubt, likewise unpacked the case for and against her conviction on ITV – and a year after the New Yorker asserted that, 'in the rush to judgement, serious questions about the evidence were ignored'. The death of children is quite obviously an emotive issue, and it can be hard to come to a case such as this in a neutral state of mind. But even viewers who do their best to be impartial will have found the BBC's take on Letby's trial overwhelming and befuddling, with reams of evidence presented and then either debunked or supported by the prosecution or defence. By the end, I find myself knowing a lot more about the charges against her, while being many times more confused as to Letby's guilt or innocence. READ MORE A cast of dozens is assembled by Panorama reporters Judith Moritz and Jonathan Coffey, who have made two previous documentaries and written a book about Letby. In Letby's corner is her barrister, Mark McDonald, who is working pro bono to have her conviction overturned and who points to the findings of an international panel of medics (assembled by him) who say Letby has nothing to answer for. But other experts remain convinced about her guilt, including prosecution expert Dewi Evans, a retired consultant paediatrician. Then there are the parents of the babies, who say that giving a platform to critics of the conviction has caused them fresh trauma. The case is ever twisting and turning and, without medical knowledge, it's hard to know who to believe. That said, a report from another hospital where Letby worked that reveals babies' breathing tubes were removed at a far higher rate when she was on duty feels damming. But when her lawyer, McDonald, demands to see the evidence in black and white, your doubts spiral again. Lucy Letby: Who to Believe is important journalism – but it is also overwhelming, and some viewers may feel that too much is squeezed into the modest 60-minute run-time. By the end, the two sides are farther apart than ever, and Moritz and Coffey seem baffled – and they've literally written a book about Letby. Shortly before the end credits, McDonald stands outside the women's prison where she is serving multiple life sentences and predicts she will eventually be freed. Evans, meanwhile, has no doubts whatsoever about where she belongs. 'Good god no,' he says. 'She's as guilty as they can be.'
