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Irish Times
6 days ago
- General
- Irish Times
Jury resumes deliberations in Gerry Adams' defamation case against BBC
The jury in Gerry Adams 's defamation action against the BBC has resumed its deliberations. The former Sinn Féin leader claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of British agent Denis Donaldson at a cottage in Glenties, Co Donegal , in 2006. He described the allegation as a 'grievous smear'. He insists he had no involvement in Mr Donaldson's death. Dissident republicans claimed responsibility for the killing in 2009. The BBC denies it defamed Mr Adams. READ MORE Mr Justice Alexander Owens previously told the jury at least nine of them must be in agreement in deciding the case. The jury began deliberating at about 10.25am on Thursday and concluded at 5.10pm. On Wednesday, Mr Justice Owens said the jury must decide whether the words complained of by Mr Adams in the programme and article say he 'gave the okay for', or sanctioned, the murder of Mr Donaldson. The BBC claims the words did not defame Mr Adams. It is the broadcaster's defence that the statements were couched as allegations . The judge said the jury should decide this question based on how a 'reasonable viewer' would interpret the words. If the jury finds the words mean Mr Adams sanctioned the murder, it must then consider the BBC's defence of fair and reasonable publication. The onus of proof in this defence is on the BBC, the judge said. Finally, if it rejects this defence, the jury must consider the amount of damages to award Mr Adams as compensation for damage done to his reputation. Mr Adams's lawyers have argued he has the reputation of a 'peacemaker' and of helping to end violence in Northern Ireland. The BBC claims Mr Adams's case is a 'cynical attempt' to 'launder' a reputation for being in the Provisional IRA and sitting on its decision-making body, known as the army council. The judge said a person's reputation can change over time. He said the jury should evaluate Mr Adams's reputation from 2016 – the time of the broadcast – to now, if it awards damages. He previously told the jury members they should only consider Mr Adams's reputation in the Republic of Ireland . He said the jury members are not being asked what they think about Mr Adams or whether they approve of him. 'You decide what the evidence is in relation to his reputation,' the judge said.
Irish Times
28-05-2025
- General
- Irish Times
Gerry Adams defamation trial: Jury to begin deliberations on Thursday
The jury in Gerry Adams 's defamation action against the BBC is expected to begin its deliberations on Thursday morning. Mr Justice Alexander Owens finished summarising the evidence for the seven men and five women of the jury on Wednesday evening. He previously told them at least nine of them must be in agreement in deciding the case. The former Sinn Féin leader claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of British agent Denis Donaldson at a cottage in Glenties, Co Donegal , in 2006. He described the allegation as a 'grievous smear'. He insists he had no involvement in Mr Donaldson's death. Dissident republicans claimed responsibility for the killing in 2009. READ MORE The BBC denies it defamed Mr Adams. On Wednesday, Mr Justice Owens said the jury must decide whether the words complained of by Mr Adams in the programme and article say he 'gave the okay for', or sanctioned, the murder of Mr Donaldson. The BBC claims the words did not defame Mr Adams. It is the broadcaster's defence that the statements were couched as allegations . The judge said the jury should decide this question based on how a 'reasonable viewer' would interpret the words. If the jury finds that the words mean Mr Adams sanctioned the murder, they must then consider the BBC's defence of fair and reasonable publication. The onus of proof in this defence is on the BBC, the judge said. Finally, if they reject this defence, the jury must consider the amount of damages to award Mr Adams as compensation for damage done to his reputation. Mr Adams's lawyers have argued he has the reputation of a 'peacemaker' and of helping to end violence in Northern Ireland. The BBC has argued Mr Adams's case is a 'cynical attempt' to 'launder' a reputation for being in the Provisional IRA and sitting on its decision-making body, known as the army council. The judge noted that a person's reputation can change over time. He said the jury should evaluate Mr Adams's reputation from 2016 – the time of the broadcast – to now, if it awards damages. He previously told the jury members they should only consider Mr Adams's reputation in the Republic of Ireland . He said the jury were not being asked what they think about Mr Adams or whether they approve of him. 'You decide what the evidence is in relation to his reputation,' the judge said.
Irish Times
23-05-2025
- Politics
- Irish Times
Gerry Adams defamation trial: Jury told to consider ex-Sinn Féin leader's reputation in Republic of Ireland, not anywhere else
The jury in Gerry Adams's High Court defamation action against the BBC is expected to begin deliberations next week. Mr Justice Alexander Owens told the jury of seven men and five women that at least nine of them must be in agreement in coming to a decision in the case. The former Sinn Féin leader claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of British agent Denis Donaldson at a cottage in Glenties, Co Donegal , in 2006. He described the allegation as a 'grievous smear'. The BBC denies it defamed Mr Adams, who insists he had no involvement in Mr Donaldson's death. Dissident republicans claimed responsibility for the killing in 2009. READ MORE On Friday, Mr Justice Owens addressed the jury on the key questions they are to consider when coming to a verdict in the case. He summarised part of the evidence heard over the course of four weeks of the trial. The judge said the onus was on Mr Adams's side to prove that the statements complained of in the broadcast and article were defamatory, that they mean he sanctioned the killing of Mr Donaldson. The BBC says the statements did not defame Mr Adams. It is the broadcaster's case that the statements were couched as allegations and should be considered in the context of the wider broadcast and article. The judge said it was the jury's role to decide what the words complained of mean to a reasonable member of society. If the jury find the statements mean what Mr Adams says they do, then they must consider the BBC's defence of fair and reasonable publication in the public interest. The onus of proof in this defence is on the BBC, the judge said. Mr Justice Owens told the jury it had heard a great deal of evidence on the public reputation of Mr Adams, but noted that this was not relevant until considering the question of damages. The jury will only consider damages if it finds the statements to mean what Mr Adams has pleaded and if it rejects the BBC's defence. On Thursday, BBC senior counsel Paul Gallagher claimed the case was Mr Adams's cynical attempt to launder a reputation of being in the IRA and on its decision-making body, known as the army council. Mr Adams's senior counsel, Declan Doyle, said the BBC was 'deliberately and cynically' ignoring Mr Adams's reputation for peace and reconciliation. The judge said the BBC's argument in relation to Mr Adams's reputation was simple: they say his reputation is bad and he should be given nominal damages, if damages are awarded. Mr Justice Owens further outlined the BBC's view, which is that the jury should 'send [Mr Adams] packing' with a euro or even a cent in damages, if it comes to that. Mr Adams's case is that he has a public reputation for supporting the move to the peace process in Northern Ireland, the judge said. Mr Adams's lawyers have argued that their client should receive 'very substantial' damages of at least €200,000. The judge reiterated to the jury that allegations made about Mr Adams in newspapers, books and in other publications – put to Mr Adams by the BBC's lawyers during the trial – were not proof 'that he was involved in nefarious activities'. They are, however, relevant to his public reputation, he said. The judge noted that Mr Adams freely admitted these allegations were made and are in the public domain. He also noted that the allegations have been denied by Mr Adams. Also relevant are recordings of Mr Adams giving speeches or conducting press conferences, or clips of him meeting leaders such as Bill Clinton and Nelson Mandela. The judge said it was for the jury to decide what Mr Adams's public reputation is. The judge said they were being asked if his reputation was of a man who approved murders of others and was involved in terrorism, or a man who persuaded others to stop violence, leading to a permanent cessation in violence in Northern Ireland. The judge said they could decide his reputation is a mixture of both, or more one than the other. He said that they should only consider his reputation in this jurisdiction, not in Northern Ireland or anywhere else. Mr Justice Owens said that in considering a witness's evidence, the jury should consider if they 'have an axe to grind' or are withholding something. He said they should consider the internal consistency of their evidence, to consider if their account is credible. The case returns on Tuesday.
BreakingNews.ie
15-05-2025
- Politics
- BreakingNews.ie
Gerry Adams allegation was checked in 'good faith', BBC journalist tells court
A BBC journalist behind a programme at the centre of Gerry Adams' defamation action against the broadcaster has refuted a suggestion she set about finding 'yes men' to corroborate a claim that the former Sinn Féin leader sanctioned the killing of a British agent. Jennifer O'Leary previously told the court the allegation – made to the BBC Spotlight programme by an anonymous contributor dubbed Martin – was corroborated by five different sources. Advertisement At the High Court on Thursday, during the third week of a civil trial hearing into Mr Adams' action, the reporter said the allegation was checked in good faith, and in the public interest. Mr Adams claims the Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning Mr Donaldson's killing at a cottage in Glenties, Co Donegal in 2006. The BBC denies it defamed Mr Adams, who insists he had no involvement in the death, which dissident republicans claimed responsibility for in 2009. Continuing his cross-examination of Ms O'Leary on Thursday, Tom Hogan SC put it to the witness that she had set about finding 'yes men' who would corroborate the allegation against Mr Adams, like disaffected republicans and indiscrete security services people. Advertisement She refuted this, and said she spoke to republican sources who supported the peace process, who did not hold animosity towards Mr Adams. 'I wasn't going to any Tom, Dick or Harry, Mr Hogan, to check the journalism,' she said. Mr Hogan put it to Ms O'Leary that she engaged in 'ticking boxes', by speaking to sources who wouldn't contradict the allegation against Mr Adams, and receiving Mr Adams' denial of the allegation. With boxes ticked, she was able to publish the allegation in the knowledge that she wouldn't have to stand over the allegation, he claimed. Advertisement Ms O'Leary said she didn't agree with the premise of the question, and said she could absolutely stand over her journalism. Mr Hogan suggested to the witness that she didn't make the allegation against Mr Adams 'bona fide'. She said the journalism was done in good faith, the allegation was checked in good faith, and in the public interest. Counsel suggested she made the allegation recklessly. 'It wasn't an allegation made by me. It wasn't an allegation taken or treated recklessly,' she said. Ms O'Leary agreed that numerous times, it was put to Mr Adams that he never previously took legal action over allegations made against him in the past. Mr Hogan put to the witness that she could say anything about Mr Adams, because he wouldn't sue. Advertisement In response, Ms O'Leary said this was an 'outrageous and wrong suggestion' to make. 'Everybody that features in a BBC story is treated in the exact same way,' she said. In making a serious allegation about Gerry Adams, Ms O'Leary said she wasn't given 'carte blanche' to do so because he 'hadn't sued before'. 'That is not the case whatsoever,' he said. Mr Hogan said that in dismissing previous allegations made by the likes of Sean MacSiofán, Dolours Price or 'any disaffected IRA man or woman', he was able to explain why they might make such an allegation, because he knew their identity. Advertisement He said this was not the case with Martin – a single, anonymous person making an unsubstantiated allegation out of the blue. Explaining why Martin had to be anonymous, Ms O'Leay said that in 2015, according to a PSNI/MI5 report, IRA men were trying to identify 'human intelligence' sources. She said 'you can be sure' that there would be an interest in identifying Martin, 'who was talking about his experience about being an informer'. She noted the potential consequences of his identification, including trauma and grief to his family. 'That is the reason why he had to be anonymous,' he said. Ms O'Leary was also asked about the related BBC News article Mr Adams is suing over. Ms O'Leary previously told the court she didn't write the article, although it was based on her journalism. Ms O'Leary has now completed her evidence. Gweyneth Jones, who was deputy editor of Spotlight at the time the programme was published, is now giving evidence. The trial, before Mr Justice Alexander Owens, continues.
Irish Times
15-05-2025
- Politics
- Irish Times
BBC journalist denies suggestion she sought out ‘yes men' to back up Adams allegations
A BBC journalist behind a programme at the centre of Gerry Adams' defamation action against the broadcaster has refuted a suggestion she set about finding 'yes men' to corroborate a claim the former Sinn Féin leader sanctioned the killing of a British agent. Jennifer O'Leary previously told the court the allegation – made to the BBC Spotlight programme by an anonymous contributor dubbed Martin – was corroborated by five different sources. At the High Court on Thursday, during the third week of a civil trial hearing into Mr Adams' action, the reporter said the allegation was checked in good faith, and in the public interest. Mr Adams claims the Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning Mr Donaldson's killing at a cottage in Glenties, Co Donegal in 2006. READ MORE The BBC denies it defamed Mr Adams, who insists he had no involvement in the death, which dissident republicans claimed responsibility for in 2009. Continuing his cross-examination of Ms O'Leary on Thursday, Tom Hogan SC put it to the witness she had set about finding 'yes men' who would corroborate the allegation against Mr Adams, like disaffected republicans and indiscreet security services people. She refuted this, and said she spoke to republican sources who supported the peace process, who did not hold animosity towards Mr Adams. 'I wasn't going to any Tom, Dick or Harry, Mr Hogan, to check the journalism,' she said. Mr Hogan put it to Ms O'Leary she engaged in 'ticking boxes', by speaking to sources who wouldn't contradict the allegation against Mr Adams, and receiving Mr Adams' denial of the allegation. With boxes ticked, she was able to publish the allegation in the knowledge that she wouldn't have to stand over the allegation, he claimed. Ms O'Leary said she didn't agree with the premise of the question, and said she could absolutely stand over her journalism. Mr Hogan suggested to the witness she didn't make the allegation against Mr Adams 'bona fide'. She said the journalism was done in good faith, the allegation was checked in good faith, and in the public interest. Counsel suggested she made the allegation recklessly. 'It wasn't an allegation made by me. It wasn't an allegation taken or treated recklessly,' she said. Ms O'Leary agreed that numerous times, it was put to Mr Adams that he had never previously taken legal action over allegations made against him. . Mr Hogan put to the witness that she could say anything about Mr Adams, because he wouldn't sue. In response, Ms O'Leary said this was an 'outrageous and wrong suggestion'. 'Everybody that features in a BBC story is treated in the exact same way,' she said. In making a serious allegation about Gerry Adams, Ms O'Leary said she wasn't given 'carte blanche' to do so because he 'hadn't sued before'. 'That is not the case whatsoever,' he said. Mr Hogan said that in dismissing previous allegations made by the likes of Sean MacStiofán, Dolours Price or 'any disaffected IRA man or woman', Mr Adams was able to explain why they might make such an allegation, because he knew their identity. He said this was not the case with Martin – a single, anonymous person making an unsubstantiated allegation out of the blue. Explaining why Martin had to be anonymous, Ms O'Leay said that in 2015, according to a PSNI/MI5 report, IRA men were trying to identify 'human intelligence' sources. She said 'you can be sure' that there would be an interest in identifying Martin, 'who was talking about his experience about being an informer'. She noted the potential consequences of his identification, including trauma and grief to his family. 'That is the reason why he had to be anonymous,' he said. Ms O'Leary was also asked about the related BBC News article Mr Adams is suing over. Ms O'Leary previously told the court she didn't write the article, although it was based on her journalism. Ms O'Leary has now completed her evidence. Gwyneth Jones, who was deputy editor of Spotlight at the time the programme was published, is now giving evidence. The trial, before Mr Justice Alexander Owens, continues.
