BBC could be left with legal bill of up to £4.2m after Gerry Adams libel case

Belfast Telegraph

a day ago

The libel trial could end up costing 'many millions'
The BBC has been compelled to pay Gerry Adams €100,000 (£84,000) in damages after a jury decided that a story linking him to the murder of a British agent was defamatory – but the total legal bill facing the corporation could be as much as £4.2m.
The staggering sum has prompted criticism from unionists including the leader of the DUP who said the corporation has 'significant questions' to answer about how it ended up in the position of being on the hook for 'many millions' of pounds.
The BBC itself has reported that the legal bill for the case is understood to be between £2.5 and 4.2m according to sources with knowledge of the case.
That would make it one of the most expensive cases the corporation has ever fought.
The five week trial centred on a BBC NI Spotlight programme broadcast in 2016 and an accompanying online article focusing on the murder of Denis Donaldson in Co Donegal back in 2006 just months after he admitted his role as a police and MI5 agent – the story was based on an anonymous source who claimed the killing was sanctioned by the political and military leadership of the IRA with Mr Adams giving 'the final say'.
The 76-year-old – who has always denied any involvement in the shooting and described the allegation as a 'grievous smear' – welcomed the verdict as he read a statement in Irish and English to reporters outside the High Court in Dublin on Friday.
Mr Adams said the case "was about putting manners on the British Broadcasting Corporation" as he accused the BBC of upholding 'the ethos of the British state in Ireland'.
He also claimed the BBC is 'out of sync in many, many fronts with the Good Friday Agreement' and suggested that 'political interference' prevented the broadcaster from settling sooner.
Within hours of solicitor Paul Tweed saying his client was 'very pleased with this resounding verdict' and that the award 'speaks for itself', the daughter of Mr Donaldson called for an 'urgent public inquiry' into her father's assassination.
Jane Donaldson accused the Adams trial of trivialising her family's pain by reducing the events that inflicted so much damage on her family to 'a debate about damage to his reputation'
'Daddy's murder and surrounding circumstances devastated our family, ' she said.
"The plaintiff prioritised his own financial and reputational interests over any regard for retraumatising my family.
'We are still no closer to the truth. No-one spoke for my family in court. We supported neither side in this case.'
Mr Adams did stress in his statement that he was very mindful of the Donaldson family during the trial urged the Irish Justice Minister Jim O'Callaghan to meet with them as quickly as possible.
"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,' he said.
DUP leader Gavin Robinson was also quick to react and focused his thoughts on 'the innocent victims who suffered at the hands of the IRA - ruthless terrorists who were victim-makers for many years'.
"I would struggle to find a victim of IRA violence who has changed their view of Gerry Adams,' he said.
But the East Belfast MP was also critical of the BBC.
"While journalists must always be able to scrutinise and investigate in the public interest, the BBC have significant questions to answer,' he continued.
"How have they found themselves in a situation where allegations were insufficiently evidenced with the consequence that license payers money will now be spent on both damages and reputed legal costs running into many millions?"
The head of BBC NI was at pains to point out that the organisation 'has insurance and makes financial provision for ongoing and anticipated legal claims' while he defended the 'careful editorial processes and journalistic diligence applied to' the offending programme.
"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,' he stressed, while warning of 'profound' implications to the jury's decision.
'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'.
The High Court heard four weeks of evidence from 10 witnesses, including Mr Adams and BBC NI reporter Jennifer O'Leary.
The jury found words used in the programme and accompanying article meant Mr Adams sanctioned and approved Mr Donaldson's murder.
They also found the BBC did not report the allegations in good faith before settling on the €100,000 award.
The 11-person jury came reached the decision after six hours and 49 minutes of deliberations.
SDLP MLA and leader of the opposition at Stormont, Matthew O'Toole, said Gerry Adams 'is entitled to petition a court and a jury has given its verdict' as he too said the BBC will have questions to consider.
"But today I'm thinking of the thousands of victims of the IRA, loyalists and the state who will never get a single day in court, let alone justice," he posted on X.
Meanwhile TUV leader Jim Allister said "the people of NI know that Gerry Adams stood front and centre in justifying and defending thirty years of brutal IRA terror" regardless of the verdict.
'His active role at the heart of the Republican terror machine is well documented — not merely in hearsay, but in the detailed testimonies and investigations contained in multiple authoritative books on the IRA," he added.
"These include the works of Peter Taylor, Toby Harnden, Ed Moloney, and Eamon Collins — all of which remain available and uncontested in the public domain.
'For the countless innocent victims of IRA violence, the one abiding consolation is this: Gerry Adams will one day stand before a higher court than any convened in Dublin.'
Here's how the day played out:
Today 03:31 PM
The BelTel podcast
Gerry Adams wins his defamation case against the BBC
A jury in Dublin has awarded Gerry Adams €100,000 in damages.
www.belfasttelegraph.co.uk
Today 03:05 PM
TUV leader says Gerry Adams will 'stand before a higher court'
North Antrim MP Jim Allister said "regardless of the verdict" delivered by a jury in Dublin on Friday, "the people of Northern Ireland know that Gerry Adams stood front and centre in justifying and defending thirty years of brutal IRA terror".
'His active role at the heart of the Republican terror machine is well documented — not merely in hearsay, but in the detailed testimonies and investigations contained in multiple authoritative books on the IRA," he added.
"These include the works of Peter Taylor, Toby Harnden, Ed Moloney, and Eamon Collins — all of which remain available and uncontested in the public domain.
'For the countless innocent victims of IRA violence, the one abiding consolation is this: Gerry Adams will one day stand before a higher court than any convened in Dublin.'
Today 02:11 PM
Sam McBride on Gerry Adams
Gerry Adams is a man of towering ambition who'd no moral qualms about securing his goal through murder
Gerry Adams is one of the world's most enigmatic, most controversial, and most consequential living political figures.
www.belfasttelegraph.co.uk
Today 02:08 PM
DUP leader says BBC faces 'significant questions'
DUP leader Gavin Robinson says the BBC faces "significant questions" amid reports that costs of fighting Adams' libel action will be "many millions". The East Belfast MP also said his thoughts today are with innocent victims who suffered at the hands of "ruthless" IRA terrorists.
"The Dublin jury decision relates to a specific allegation broadcast and published online by the BBC about Gerry Adams," Mr Robinson said.
"Our thoughts today are with the innocent victims who suffered at the hands of the IRA - ruthless terrorists who were victim-makers for many years. I would struggle to find a victim of IRA violence who has changed their view of Gerry Adams.
"While journalists must always be able to scrutinise and investigate in the public interest, the BBC have significant questions to answer. How have they found themselves in a situation where allegations were insufficiently evidenced with the consequence that license payers money will now be spent on both damages and reputed legal costs running into many millions?"
Today 02:00 PM
Donaldson's family said Adams trial 'trivialised our tragedy'
Speaking on behalf of the immediate family, Denis Donaldson's daughter Jane said the trial 'trivialised our family tragedy'.
The case centred on claims contained in a BBC Spotlight programme that Mr Adams had sanctioned the killing of Mr Donaldson, a Sinn Féin official who spied for British authorities.
The statement issued following the outcome of the trial said that "by reducing events which damaged our lives to a debate about damage to [Mr Adams ] reputation" the trial had "trivialised our family tragedy."
"Daddy's murder and surrounding circumstances devastated our family," the statement added.
The statement continued: 'No-one spoke for my family in court. We supported neither side in this case. Although the plaintiff claimed sympathy for my family, his legal team objected to me giving evidence to challenge the account of his witnesses."
In the statement the family said they "are still no closer to the truth."
They added that the case had demonstrated the need for a public inquiry into the death of Mr Donaldson.
Today 12:43 PM
Court report: Gerry Adams awarded €100k in damages after winning defamation action over BBC programme
Gerry Adams has won his High Court defamation action against the BBC and has been awarded €100,000 in damages.
www.belfasttelegraph.co.uk
Today 12:28 PM
Images from outside Dublin High Court following verdict
BBC journalist thanks sources used in documentary
BBC journalist Jennifer O'Leary, who worked on the Spotlight programmed at the centre of the case, thanked the sources she relied upon for the broadcast.
'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,' she said.
'I also want to acknowledge and thank our witnesses in court – Trevor Ringland, Senator Michael McDowell and Ann Travers – who spoke so courageously. And there are thousands of Ann Travers across this island and in Britain - victims and survivors of the Troubles AND the years after the peace agreement who carry the burden of their grief and trauma with incredible courage.
"They are the people I'm thinking of – all of them. Thank you.'
Today 11:47 AM
'I've always been satisfied with my reputation': Gerry Adams reacts to case outcome
Gerry Adams was asked about what the outcome of the case means for his reputation.
He 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.'
Today 11:34 AM
Adam Smyth, director of BBC Northern Ireland, expresses disappointment in the outcome
Speaking to media outside court, Mr Smyth said: 'We are disappointed by this verdict.
'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.
'Our 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.
'Of course, a case of this importance, duration and complexity involves significant expense. In common with other media organisations, the BBC has insurance and makes financial provision for ongoing and anticipated legal claims.'
He added they will take some time to consider the implications of the ruling.
Today 11:25 AM
Paul Tweed says Gerry Adams is 'very pleased with this resounding verdict'
Solicitor Paul Tweed said his client Gerry Adams is 'very pleased with this resounding verdict', adding the award of damages 'speaks for itself'.
'The jury, 12 people from different walks of life, having listened to extensive evidence during the course of the past four weeks, has come to the unequivocal conclusion that the subject allegation was highly defamatory,' he said outside court.
'It therefore follows that the BBC Spotlight team at the time should not have included it in their broadcast. Not only had the false allegation regarding our client been the focus of the Spotlight documentary, but it had been utilised to sensationalise and publicise their programme.
'Furthermore, the fact that the false allegation has been left online for almost nine years has, in my opinion, done much to undermine the high standards of accuracy that is expected of the BBC.
'This case could and should have been resolved some considerable time ago.'
Today 11:24 AM
Gerry Adams said this case was 'about putting manners on the British Broadcasting Corporation'
Outside court, Gerry Adams, who spoke in both Irish and English, said this case was 'about putting manners on the British Broadcasting Corporation'.
Mr Adams told reporters: 'From my perspective, taking this case was was about putting manners on the British Broadcasting Corporation.
'I know many, many journalists. I like to think that I get on well with the most of them, and I wish you well, and I would uphold your right to do your job.
'But 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.'
Gerry Adams said there is an onus on everyone, including himself, to deal with these legacy issues.
He said: 'I'm very mindful of the Donaldson family in the course of this long trial, and indeed of the victims' families who have had to watch all of this.
'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.'
Today 11:15 AM
What was the jury's verdict?
A jury at the High Court in Dublin found in Gerry Adams favour on Friday, after determining that the programme had defamed the former Sinn Fein leader. It also found the BBC's actions were not in good faith and that it had not acted in a fair and reasonable way.
The jury determined that Mr Adams should be awarded 100,000 euros, which the jury heard falls on the medium scale for defamation.
The jury had been tasked with determining whether the words in the BBC spotlight programme and accompanying article, on which Mr Adams brought the complaint, mean that he sanctioned and approved the murder of Denis Donaldson.
Today 11:11 AM
What was the defamation case about?
In the BBC programme broadcast in September 2016, an anonymous source given the pseudonym Martin claimed the shooting was sanctioned by the political and military leadership of the IRA and that Gerry Adams gave 'the final say'.
Mr Adams said the allegation was a 'grievous smear' while the BBC has described the legal action as a 'cynical attempt to launder his reputation'.
The high-profile republican sought damages of at least 200,000 euro (£168,000) from the BBC.
However, the British public service broadcaster had argued it would be a 'cruel joke' to award the former Sinn Fein president any damages.