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.
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