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Irish Times
14 hours ago
- General
- Irish Times
BBC faces legal costs bill of more than €3m after jury finds it defamed Gerry Adams
The BBC is facing a legal costs bill of more €3 million after a High Court jury in Dublin found the broadcaster defamed Gerry Adams in a 2016 broadcast and related article, legal sources have said. The former Sinn Féin leader claimed the Spotlight programme and article defamed him by falsely accusing him of giving 'the final say' in the murder of MI5 informant Denis Donaldson at a cottage in Glenties, Co Donegal, in 2006. Mr Adams described the allegation during the trial as a 'grievous smear'. In finding he was defamed, the jury on Friday decided Mr Adams should be awarded €100,000 to vindicate and restore his reputation. Speaking outside court, Mr Adams said he took the case 'to put manners on the British Broadcasting Corporation', which he said 'upholds the ethos of the British state in Ireland'. READ MORE 'In my view, it's out of sync, in many, many fronts, with the Good Friday Agreement,' he said. Mr Adams called on Minister for Justice Jim O'Callaghan to meet Mr Donaldson's family and he said there was an onus on Irish and British governments to 'deal with these legacy issues as best we can'. He said he was 'very mindful' of the bereaved family during the trial. In a statement following the verdict, Jane Donaldson, daughter of the late Mr Donaldson, said Mr Adams had 'trivialised' her family's tragedy 'by reducing events which damaged our lives to debate about damage to his reputation'. He 'prioritised his own financial and reputational interests over any regard for retraumatising my family', she said. Ms Donaldson called for a public inquiry, with a cross-Border element, into her father's killing. 'We don't know who was involved, but we do need answers,' she said. Adam Smyth, director of BBC Northern Ireland, said the implications of the jury's decision were 'profound'. He thanked the jury, but expressed disappointment with the outcome. 'If the BBC's case cannot be won under existing Irish defamation law, it's hard to see how anyone's could,' he said. BBC Spotlight reporter Jennifer O'Leary said she had 'nothing to hide, only sources to protect'. The High Court trial lasted for 21 days and the costs must now be paid by the BBC, which is primarily funded by TV licence fee payers in Britain and Northern Ireland. The jury decided the BBC was not entitled to the defence under the defamation law that the material was published in good faith or was fair and reasonable journalism. Austin Stack, whose father Brian Stack was murdered in Dublin by the IRA in the 1980s, said he was 'extremely disappointed' by the jury's decision. 'It makes a mockery of the 1,800 people that the IRA and the republican movement killed. It is a complete mockery. It is like spitting on 1,800 graves, giving that man that money.' Mr Stack's father was shot outside the Boxing Stadium on a street of South Circular Road, Dublin, in 1983, and died 18 months after the shooting. 'The Sinn Féin people will tell you, move on,' he said. 'But they have their commemorations, their memorials. They say everyone should be able to remember their dead, but that's everybody bar the dead that the IRA created.' Mr Stack was one of a number of witnesses the BBC wanted to call but the trial judge, Mr Justice Alexander Owens, decided were not relevant to what the jury had to decide. Sinn Féin TD Eoin Ó Broin said 'everybody has a right to their good name, and the allegation that was in the programme was very damaging, as today's verdict shows, for Gerry's reputation, particularly among his peers'. 'But the real issue here is that it highlights the fact that the Donaldson family still have not got the truth,' he said. Democratic Unionist Party leader Gavin Robinson said the BBC had 'significant questions to answer.'
Belfast Telegraph
a day ago
- Politics
- Belfast Telegraph
BBC could be left with legal bill of up to £4.2m after Gerry Adams libel case
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. 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. 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. 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.
Irish Times
a day ago
- General
- Irish Times
Inside Court 24: Gerry Adams's witness box quips were often met with laughter, including from the jury
The BBC defamed Gerry Adams by publishing a claim that he sanctioned the murder of a British agent, a High Court jury has found, awarding the former Sinn Féin leader €100,000 in damages to restore his reputation. Mr Adams claimed the 2016 Spotlight programme and a related article defamed him by falsely accusing him of giving 'the final say' in the murder of MI5 informant Denis Donaldson at a cottage in Glenties, Co Donegal, in 2006. Mr Adams described the allegation during the trial as a 'grievous smear'. The BBC had denied defaming Mr Adams. The jury agreed with Mr Adams that words published in the programme and article were understood to mean he sanctioned the murder. The broadcaster argued the claim had been couched as an allegation . READ MORE It claimed its publication was fair, reasonable and in the public interest, but the jury rejected this defence. Much of the evidence heard during the trial concerned Mr Adams's reputation. His legal team argued he had the reputation of a 'peacemaker', responsible, alongside others, for bringing an end to the conflict in Northern Ireland. The BBC contended Mr Adams's case was a 'cynical attempt' to 'launder' a reputation of being in the Provisional IRA and a member of its decision-making body, known as the army counsel. During his evidence, Mr Adams spoke about his coming of age in Belfast, his political awakening, major events during the Troubles and the efforts to end it. He slammed the BBC Spotlight programme, describing it as an 'attempted hatchet job' that was 'full of inaccuracies'. His 'primary concern' was the allegation in the programme inferred to his peers, his community and the wider republican family, that they'd been 'led up the garden path' with the peace process. In July 2005, the IRA ordered units to lay down arms and instructed its volunteers 'to assist the development of purely political and democratic programmes through exclusively peaceful means'. The programme gave the impression 'that, in fact, the IRA had killed this man [Donaldson], and I had sanctioned it'. It was later put to Mr Adams that there were questions around continued IRA activity in the time preceding Mr Donaldson's death. During cross-examination, Paul Gallagher SC, for the BBC, and Mr Adams engaged in sharp exchanges, in particular when Mr Gallagher asked about various IRA atrocities. Several times Mr Adams asked how Mr Gallagher's line of questioning related to the 2016 programme. Mr Gallagher suggested Mr Adams was seeking to divert from uncomfortable questioning. 'The IRA had left the field,' Mr Adams said. Mr Adams acknowledged that people have for many years made allegations about him, including that he was in the IRA and sat on its army council. He also repeatedly denied these. At times, certain members of the jury, the majority of whom appeared to be aged in their 20s and 30s, looked captivated by Mr Adams as he gave evidence. Mr Adams's quips from the witness box were often met with laughter in court, including from the jury. Asked about a photograph showing him wearing a black beret at a republican funeral in the early 1970s, Mr Adams commented that he looked like a character from the British sitcom of the same era: Some Mothers Do 'Ave 'Em. In arguing their respective cases about Mr Adams's reputation, both sides showed the jury montages of newsreel clips and segments from documentaries. The BBC's included past statements made by Mr Adams outlining his attitude to IRA violence. One was of Mr Adams's infamous 1995 comment: 'They [the IRA] haven't gone away, you know.' Mr Adams's side introduced clips including of him attending the White House in the 1990s, at meetings with Nelson Mandela and Bill Clinton, and shaking hands with then prince Charles in 2015. Mr Justice Alexander Owens returned several times to the analogy of the 'curate's egg' when explaining the concept of reputation. The story goes that the curate's egg was good in parts, and bad in parts. The same could be possible of Mr Adams's reputation, the judge said. Jennifer O'Leary, the BBC journalist behind the Spotlight programme, said it was in the public interest that the programme included the allegation about Mr Adams. 'Was I to ignore it?' she asked. BBC Spotlight journalist Jennifer O'Leary speaks to the media after losing the defamation case brought by Gerry Adams. Photograph:She insisted that the programme framed the claim as an allegation. She said she exercised the 'utmost care and responsibility' and said five sources independently corroborated the claim. Ms O'Leary denied she went about finding 'yes men' to corroborate the claim made by Martin, the name given to the anonymised Spotlight contributor. Towards the end of the trial, Mr Adams was joined in court by musician Christy Moore. They chatted affably in the May sunshine during a break in evidence after the court heard claims from Ann Travers – whose sister was shot dead by the IRA in 1984 – that Mr Adams's reputation was one of a 'warmonger'. Following the verdict, Mr Adams moved steadily out of Court 24 as he received well-wishes and handshakes. Outside, he told reporters: 'Tá mé an-sásta leis an verdict.'
South Wales Guardian
a day ago
- Politics
- South Wales Guardian
Daughter of Denis Donaldson demands public inquiry into killing after Adams case
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.'
Western Telegraph
a day ago
- Politics
- Western Telegraph
Daughter of Denis Donaldson demands public inquiry into killing after Adams case
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. BBC videograb of Denis Donaldson (PA) 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. Solicitor Ciaran Shiels outside the High Court in Dublin (Brian Lawless/PA) 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. Judge Alexander Owens (Brian Lawless/PA) 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. Tom Hogan, barrister for former Sinn Fein president Gerry Adams (Brian Lawless/PA) 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.'
