Latest news with #CoDonegal
Yahoo
4 hours ago
- General
- Yahoo
Adams libel trial ‘retraumatising' for Denis Donaldson's family, lawyer says
The family of Denis Donaldson suffered retraumatisation during Gerry Adams' defamation case against the BBC, their lawyer has said. Solicitor Enda McGarrity said the family had to sit through the high-profile five-week case at Dublin High Court when their own efforts to pursue legal remedies have been 'stonewalled at every turn'. Mr Adams was awarded 100,000 euros (£84,000) by a jury over a 2016 BBC programme which alleged he had sanctioned the murder of Mr Donaldson, a former Sinn Fein member who had been exposed as a British agent. Mr Adams had described the allegation as a 'grievous smear'. Mr Donaldson was shot dead in Co Donegal in 2006. In 2009, the dissident republican group the Real IRA claimed responsibility for the killing and a Garda investigation into the matter remains ongoing. Mr McGarrity told the RTE This Week programme the Donaldson family had been initially 'ambivalent' as to the outcome of the case. He said: 'The case was seen as a sideshow in that the family was aware it wasn't the type of case which would assist them in their long and tortuous search for answers and accountability. 'But of course as the trial played out it became difficult to ignore and retraumatising in many ways. 'The family had to listen along as private and sensitive information was tossed around with little regard to the Donaldson family. 'Probably the most galling part for the family is that they've had to sit through five weeks of hearings in a case which concerned the murder of their loved one Denis Donaldson, and yet when they've tried to pursue their own legal remedies, they've been stonewalled at every turn. 'The process has been an extremely difficult one for the family.' Now that the libel case has concluded, Mr McGarrity said focus should turn to seeking answers for the Donaldson family. He said: 'It has been a tortuous 19-year search for justice and the family acknowledge this case was ostensibly about Gerry Adams' reputation, not about uncovering the circumstances surrounding the murder of Denis Donaldson. 'However, what this case does do is shine a light on the wider, and clearly more important issue of the circumstances around Denis Donaldson's murder.' 'The fact that the family have never had anything resembling an effective investigation into this murder highlights an uncomfortable truth for authorities on both sides of the border, particularly where legacy cases are concerned.' The lawyer said the current Garda investigation was limited to who carried out the murder, not the wider circumstances. He said: 'When we look to mechanisms which could explore those you have things like coroners' inquests, one of the practical difficulties is that the inquest has been adjourned 27 times, quite an unprecedented delay. 'It begs the question, how is justice to be delivered to the Donaldson family if the Garda investigation is only looking at a limited aspect of the murder and the coroner's inquest won't begin until that process finishes. 'That has led the family to call for a commission of investigation to properly investigate these issues.' Mr McGarrity said there was a 'unique cross-border element' to the death of Mr Donaldson. He added: 'Who was behind it and who pulled the trigger isn't the only question. The circumstances leading up to that, how Denis Donaldson came to be exposed, how his location came to be known in Donegal, there are lots of ancillary questions. 'All of which I think the family are aware we may not get full unvarnished answers to every aspect, but at this point they haven't even got close to the truth and they deserve answers and accountability.' He said the Donaldson family would now be seeking a meeting with Irish Justice Minister Jim O'Callaghan. 'This family are 19 years down the line and they are no further forward. 'There needs to be a discussion and we would certainly welcome prompt engagement with the minister.'
Yahoo
4 hours ago
- General
- Yahoo
Gerry Adams' ‘putting manners on BBC' remark ‘chilling', NUJ man says
Gerry Adams' claim that his libel case against the BBC was about 'putting manners' on the broadcaster has been described as 'chilling' by a senior union figure. Seamus Dooley, the Irish secretary of the National Union of Journalists (NUJ), also said the high profile case showed the need for reform of Ireland's defamation laws, saying the public would never know why the jury made its decision. Former Sinn Fein leader Mr Adams took the BBC to court over a 2016 episode of its Spotlight programme, and an accompanying online story, which he said defamed him by alleging he sanctioned the killing of former Sinn Fein official Denis Donaldson, for which he denies any involvement. A jury at the High Court in Dublin awarded him 100,000 euro (£84,000) when it 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 Adams' legal team said the verdict of the jury was a 'full vindication' for their client while the BBC said it was 'disappointed' with the outcome. Mr Donaldson was shot dead in Co Donegal in 2006, months after admitting his role as a police and MI5 agent over 20 years. Mr Dooley told RTE's This Week programme that it was a verdict which would make journalists 'pause for reflection'. He said: 'The first thing we should say is Gerry Adams was entitled to take his case. 'But it does have profound implications for the practise of journalism and I think it has implications both in terms of defamation law but also for me in terms of journalism in Northern Ireland and the relationship between Sinn Fein and journalists in Northern Ireland.' Speaking outside court on Friday, Mr Adams said taking the case was 'about putting manners on the British Broadcasting Corporation'. He added: '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.' Mr Dooley said: 'I found that a chilling comment actually. He referred to putting manners on the BBC, to me that means putting them back in their box. 'The reality is that Spotlight has, for over 40 years, done some of the most amazing investigative journalism. 'Margaret Thatcher tried to ban Spotlight because of their coverage of Gibraltar Three, they exposed Kincora at the heart of the British establishment, recently they did work on Stakeknife, and in fact the Sinn Fein mayor of Derry led the campaign to save BBC Radio Foyle news service. 'I found the attitude quite chilling but also unfair and unreasonable in the circumstances.' Mr Dooley said that Mr Adams was a figure of 'huge significance' to journalists, historians and academics and had 'influenced the shape of history of Northern Ireland'. He added: 'On that basis, any journalist has a right, any academic, to question and probe.' He said the case underpinned the need for a review of defamation laws in Ireland. He said: 'First of all we need to look at the defence of honest opinion and how you square that circle in the context of journalists' right to protect sources, it is a real difficulty. 'For many years the NUJ was in favour of retaining juries. I have now reached the conclusion in defamation cases that juries are not appropriate. 'One of the reasons is we will never know why the jury reached this decision. 'If, as in Northern Ireland, had Mr Adams taken his case in Northern Ireland, the case is heard before judges, you have the benefit of a written judgment, you have the benefit of a detailed explanation of the reason why a verdict is given. 'That provides an insight and a guide. 'Here we don't know.' Mr Dooley also pointed out that proceedings in the case had been running since 2016. Former Sinn Fein member Mr Donaldson was shot dead in Co Donegal in 2006, months after admitting his role as a police and MI5 agent over 20 years. In the Spotlight 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 Mr Adams gave 'the final say'. In 2009, the dissident republican group the Real IRA claimed responsibility for the killing and a Garda investigation into the matter remains ongoing. Mr Adams had described the allegation as a 'grievous smear'.
BreakingNews.ie
8 hours ago
- General
- BreakingNews.ie
'There was a joy about her that is gone': Parents speak out about Down syndrome regression
Parents of those with Down syndrome are speaking out about their children beginning to regress when they reach adolescence or adulthood. Many families in Ireland are affected by Down syndrome regression, a condition marked by the sudden loss of previously acquired abilities that can progress rapidly over weeks or months. Advertisement The number of cases of Down syndrome regression is growing, yet in Ireland, there is no clear medical or support pathway for those affected. Symptoms include loss of speech, motor difficulties, social withdrawal, compulsive behaviours, and in some cases, individuals become non-verbal, unable to care for themselves, or engage in previously enjoyed activities. Sorcha Ward's daughter, Aoife, from Co Donegal, was around 18 when she began regressing in 2016. A once happy, fun-loving, GAA-obsessed young woman, she started becoming slow to get ready in the morning, putting her clothes on back to front, and having bouts of crying for no apparent reason. Advertisement I haven't given up for Aoife yet She used to have excellent timekeeping, often being up and ready for the day before her mother even woke up, but quite quickly, she lost interest in almost everything. 'If an elephant fell from the sky in front of us, she wouldn't take any notice of it,' her mother, Sorcha, says. That was around 2016, and now, eight years later, 'she's middling,' according to Sorcha. 'She's not like she was before she regressed, but she's better, with treatment, she's a bit better. She hasn't regained a lot of the stuff she lost; she's sort of happy enough, in some ways.' Advertisement Sorcha took her daughter to the GP in 2016 to discuss the issues, and it was 2021 before they got a diagnosis of catatonia in Down syndrome. A 'battle' for medication Aoife received medication to try and combat the regression after a six-month 'battle' for it, but that has since been stopped. According to experts in America, the longer you wait for a diagnosis, the less effective treatments are likely to be, Sorcha says. Regardless, Sorcha says, 'I haven't given up for Aoife yet'. Advertisement She had never heard of Down syndrome regression until it was mentioned to her, and Aoife's symptoms fit. 'I said, oh god yeah, she's slow getting up in the morning, she's putting her clothes on back to front, all these things, simple stuff, not knowing her numbers, stuff that she did know from school." Even when Aoife would write a card for somebody, she began getting her letters mixed up, and Sorcha says, 'I was kind of getting annoyed with her, like 'Aoife, you know that', but she just didn't know'. 'She just lost interest in everything, lost interest in football, didn't want to go to anything… She must have spent about a year in bed, she didn't want to come out of that'. Advertisement Sorcha knows that her daughter was always going to have challenges, 'and with the Down syndrome, there were things she wasn't going to be fit to do, but she enjoyed life'. There was a joy about her that's gone, it's not there now Aoife even had a job in a local café in 2016, 'and she thought she was mighty, heading into work,' her mum says. But come 2017, she was no longer able for it, 'she was getting overwhelmed, then these terrible episodes of crying, but she was really happy, and messing before this happened.' Aoife loved going on holiday and flying, and getting out of the house with her parents, even if just to do a food shop. She would answer the phone, she slept well, ate well, and 'she was as healthy as any of us in the house were, probably healthier, really'. 'It all changed' 'So that's the way she was, and then it all changed… she just got worse and worse'. She stopped sleeping and would be up all night 'rocking' in bed. 'You'd be afraid she'd split her head on the back wall, [staying up] every other night with her,' Sorcha says, and the regression affected everybody in the house. 'We weren't getting sleep then, that alone, and then just having to watch her going through, sitting on the seat and just not speaking to us, saying simple things to her and her not even knowing you were in the room'. 'That's the sense you got because she didn't look at you, she didn't look you in the eye, she wasn't aware what was going on around her'. 'When she was very bad, along with the movements, she was making noises… it was tight [awful], I definitely wouldn't want to see anybody else go through it,' Sorcha says. Awareness Sorcha wants awareness that Down syndrome regression is something that can happen, and she wants that awareness within the medical community and families of people with Down syndrome alike. 'We can't be letting these people just be like this, it's not right. If I lost what Aoife lost, if I lost my speech, if I didn't know what day it was, if I didn't know how to write something anymore, there would be somebody testing me for things, I wouldn't be just left'. 'It's not right, why does it seem to be alright to think it's up to something else, it's not that serious or whatever, it's a very serious thing,' Sorcha says. It's a whole life, it's a life-changing thing for everybody who is involved in looking after that person, it involves the whole house'. Sorcha doesn't apologise for getting emotional anymore, she says, because 'there's no harm in getting emotional about stuff, that means you care'. 'I'm her mother. I don't want the best for Aoife, I've given up on that a long time ago, because I do believe she was let down. Had this diagnosis come earlier, I believe she might have been a better Aoife now, but I did my best.' Ray Harte , of Portlaoise, Co Laois, first noticed a difference in his son, Aaron (28), around 10 years ago. 'It would've been just around the time he was leaving special school to move out into day services. That summer we noticed a whole change in his behaviours and lots of stuff like that,' Ray explains. 'The initial thing that we saw with them was like a zoning out, and we thought it might be something like some sort of epilepsy or something like that'. What we found was that the current, I suppose, medical approach to Down syndrome tends to be to lump it in under 'it's Down syndrome' 'There was a dramatic change; he would zone out, and he could be staring into space, and that was the start of it". Aaron Harte from Portlaoise. Since then, Ray and his wife have brought Aaron for 'all types of tests,' scans and anything that 'might show up something'. Tests for physical issues They checked common ailments first, he explains, testing physical issues such as eyes, ears and teeth. 'Really, what we found was that the current, I suppose, medical approach to Down syndrome tends to be to lump it in under 'it's Down syndrome,' and a lot of diagnoses tend to be around depression and stuff like that'. 'We have been through the mill with this young man and he's been through the mill with us, but it has brought huge stress on the family because you're dealing with something that you don't really know how to deal with, because like some of the behaviours, we went through phases of extreme aggression, where obviously, Aaron didn't know what was going on'. Aaron has flipped the kitchen table, thrown dinner plates, and gotten physically violent before, but Ray says that, although they have gone to multiple medical professionals and specialists, they have not been able to give him answers about what was going on with his child. After doing his own research in 2020, finding Dr Jonathan Santaro in California and his research on Down syndrome regression disorder, Ray brought it to medical professionals, but noticed that they were not aware of the disorder. Aaron has since been prescribed antipsychotic medication after the family worked with a specialist. It has helped in some areas, but 'again, nobody has said 'this is what the problem is''. 'Until you get that firm diagnosis, it's very, very difficult to deal with it. We can only deal with it in the traditional manners, which, a lot of it tends to be medication,' Ray says. Work with Down Syndrome Ireland Ray began working with Down Syndrome Ireland in 2024 to bring awareness to Down syndrome regression, after contacting them and asking for help. Aaron is now in a person-centred day service, and they have a support worker who works with Aaron on a one to one basis, and helps the parents deal with some of the behaviours and issues they were going through with their son. 'You chastise your child no matter what, whether they have Down syndrome or not, you'll chastise them if you think his behaviour if there was a problem'. However, Ray noticed there was nowhere for parents to be advised on how to deal with the behaviours that come with Down syndrome regression, 'you just didn't know what you were dealing with'. 'The element of nobody being able to actually put a finger on it, you find then at times it's a little bit hit and miss in trying to diagnose what's going on, because it could be depression, it could be anxiety, it could be psychosis, it could be, physical problems, but you can't get that,' he says. Support One thing he says helps him, though is having a support network, as he has been chairman of the local Down syndrome branch for years. 'When you did find you were under a lot of stress or pressure, that if you did have other parents you could talk to, it can always kind of lighten the load, and they always say that if you're able to talk to somebody, it makes it an awful lot easier.' However, Ray hopes that the research into Down syndrome regression in America will eventually point towards what triggers it. 'This is what makes it so difficult is that we don't know what causes it and then trying to get a diagnosis on it is very difficult, so you're kind of in no mans land, you can imagine the element of stress and worry because you don't know what's going on and again we have the added problem our man is technically nonverbal so he can't really tell you what the problem is,' he says. Short window for results 'The other concern I have on this as well is that in talking to Jonathan Santoro, from some of the work they've done in the States, there is a very short window in this from diagnosis to getting, if you want to call it, positive results. They say there's about 2.5 years that tends to be the gap where they get the best results'. 'Like my young lad now, and there's possibly other adults out there that maybe are going through this for longer periods, so we don't know, even if he does get treatment for this, we don't know where he's going to come back, where his baseline is going to be,' Ray says. 'But it's quite possible it won't be back where it was before we started out on this, and before we started out on this like he was a gregarious, friendly young lad, and goy involved in everything, everyone knew him, and now he's withdrawn, a lot of anxiety'. It creates its own element of isolation, an exclusion Ray describes his son's condition as 'as if you had a different person in the house'. Regardless, family life continues. Ray has two other sons, one older and one younger than Aaron, with his wife. 'We have to live our lives, and we have to live the lives with our other children, and sometimes it's very difficult when a lot of attention is on one individual in the house'. Ray is hopeful that they will be able to identify that Down syndrome regression disorder is what his son has developed. 'It kind of has to be done, as you say. It's your child, you have to look after them no matter what, no matter how things are.' So he continues the fight, the research, and the hope, to get an answer for his son and any other family affected by the condition.
The Independent
2 days ago
- General
- The Independent
Daughter of Denis Donaldson demands public inquiry into killing after Adams case
The daughter of a man who was shot dead after being revealed to be an IRA informer has called for an urgent public inquiry into the killing, which was a key issue in Gerry Adams's successful defamation action against the BBC. Mr Adams claimed a BBC Spotlight programme, and an accompanying online story, defamed him by alleging he sanctioned the killing of former Sinn Fein official Denis Donaldson, which he denies any involvement in. On Friday, the jury found in his favour and awarded him 100,000 euro (£84,000) in damages. Mr Donaldson was shot dead in Co Donegal in 2006, months after admitting his role as a police and MI5 agent over 20 years. His daughter, Jane Donaldson, was prevented from giving evidence to the jury during the BBC's defence of the case. Following the verdict, she said the case proves the need for an urgent public inquiry into the killing. In a statement on behalf of the family, Ms Donaldson said: 'By reducing events which damaged our lives to a debate about damage to his reputation, the plaintiff has trivialised our family tragedy. 'Daddy's murder and surrounding circumstances devastated our family. 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.' Speaking after the verdict, Mr Adams 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 (Irish) 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.' However, Ms Donaldson criticised his legal team's approach to her evidence. 'Although the plaintiff claimed sympathy for my family, his legal team objected to me giving evidence to challenge the account of his witnesses. 'The jury heard sensitive, privileged family information tossed around without our consent, but did not hear my testimony. 'Limitless legal resources and vast expense were invested in this case while there is supposedly a live Garda investigation into my daddy's murder. 'The public interest can only now be fully served by some form of public inquiry, with a cross-border dimension which is ECHR Article 2-compliant, empowered to investigate the whole truth about the conspiracy to expose and murder my daddy.' Ciaran Shiels, a solicitor who represented the family in the past, was called as a witness in the case. Mr Shiels, a solicitor and partner at Madden and Finucane Solicitors, told the court the BBC was not only 'barking up the wrong tree' but was in the 'wrong orchard' over the claims against Mr Adams. Mr Shiels said he represented Mr Donaldson and his family from a period before his death until a period after the broadcast. He said he came to act as a spokesperson for the family after Mr Donaldson's death but said he no longer does so. Mr Shiels told the court the family do not accept or believe in any way that Mr Adams had anything to do with it. However, Ms Donaldson issued a statement after his appearance in court to say the family had not been consulted about him giving evidence in the case. She said she wanted to make clear Mr Shiels no longer acts for the family. In a voir dire hearing without the presence of the jury, Ms Donaldson said she had followed the case 'very closely and very painfully' over a number of weeks and felt compelled to contact the BBC because she felt there were inaccuracies presented as evidence in the case. She said the family did not accept the claim of responsibility for the killing by the dissident republican group the Real IRA. Ms Donaldson said her father had been 'thrown to the wolves' and there was a conspiracy to deliberately expose him as an agent. She said it was the family's position that it had an 'open mind' in relation to the murder and it was focused on 'pursuing the truth'. Ms Donaldson also said she had no idea that Mr Shiels was going to give evidence and she had not authorised it. She said Madden and Finucane represented her family until February of this year but Mr Shiels was never appointed as a family spokesman. She said the family were not aware of the first meeting between Mr Shiels and BBC Spotlight journalist Jennifer O'Leary about the programme, but were aware of subsequent meetings and other correspondence. When questioned by Tom Hogan, SC, for Mr Adams, she also acknowledged her husband, Ciaran Kearney, was later present at a meeting involving the BBC and Mr Shiels at the firm's office. She said she knew her husband was going to meet them and he told her about the meeting afterwards. However, she stressed the family were not aware of the first meeting between Mr Shiels and Ms O'Leary. Trial judge Alexander Owens intervened to say that was 'water under the bridge' for the second meeting. Mr Hogan asked Ms Donaldson if she was aware of correspondence on behalf of the family responding to allegations about Mr Kearney. Ms Donaldson said Mr Shiels was speaking on behalf of the family at that time in relation to the specifics of the programme. Mr Hogan said Mr Shiels had told the court he no longer represented the family. Ms Donaldson said the statement she had issued on Mr Shiels's relationship to the family was to contradict a newspaper report. She also said she felt there was a narrative that the family were in support of one side over the other when they were not. Judge Owens asked Ms Donaldson if Mr Shiels was speaking for the family on September 23, 2016 when he made representations to the media following a meeting with An Garda Siochana. She said he was at that stage, and acknowledged he was authorised to put out statements for the family over the years. Asked about Mr Shiels's evidence when he said the family would have told the programme they did not believe Mr Adams's authorised the killing, she said she did not recall discussing that in detail or discussing Mr Adams in particular. She said their legal advice had been not to take part in the programme. Judge Owens asked if Mr Shiels had been right in relation to their view at the time, adding it may not be 'either here or there'. Ms Donaldson replied: 'I think it is neither here nor there.' She added she cannot recall a conversation about that at the time, adding the family's position has evolved over the years. Mr Hogan contended Ms Donaldson's comments had not borne out that Mr Shiels had provided a serious inaccuracy to the court. He said he was in fact authorised to act as a spokesperson for the family at the time. Paul Gallagher, SC, for the BBC, said it would be a 'fundamental unfairness' to not allow Ms Donaldson to comment on the evidence put forward by Mr Shiels. Judge Owens said the Donaldsons were aware of Mr Shiels's actions from the second meeting onwards. He told Ms Donaldson he appreciated all of her concerns and the points she made. However, he said his concern was whether her evidence was relevant to the jury making decisions. He said he had listened to counsel and her statements very carefully. Judge Owens said: 'While you do have all of these concerns, I don't think your evidence in relation to the matter is going to assist the jury in arriving at their decision.' He added: 'In no circumstances am I going to permit you to give evidence to the jury.'
The Independent
2 days ago
- General
- The Independent
Victory for Gerry Adams in BBC defamation case
Gerry Adams, the former Sinn Fein leader, has been awarded €100,000 (£84,000) in damages after winning his libel claim against the BBC. The claim was based on a BBC Spotlight programme and online story that alleged Mr Adams sanctioned the killing of former Sinn Fein official Denis Donaldson, a claim Mr Adams denies. A jury at the High Court in Dublin found in Mr Adams' favour, determining that the BBC's words implied Mr Adams' involvement and that the BBC did not act in good faith or in a fair and reasonable manner. Mr Donaldson was shot dead in Co Donegal in 2006 after admitting to being a police and MI5 agent for 20 years. The BBC programme, broadcast in September 2016, featured an anonymous source claiming the shooting was sanctioned by the IRA 's political and military leadership, with Mr Adams having the "final say".
