BBC to apply for more time to consider appeal over Gerry Adams libel ruling

The BBC has indicated it will apply for a stay on orders relating to the successful defamation claim against the broadcaster on Tuesday.
BBC to apply for more time to consider appeal over Gerry Adams libel ruling

By Cillian Sherlock, PA

The BBC has indicated it will apply on Tuesday afternoon for a stay on orders relating to Gerry Adams’ successful defamation claim against the broadcaster.

Former Sinn Féin 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 Féin official Denis Donaldson, for which he denies any involvement.

On Friday, a jury at the High Court found in his favour and awarded him €100,000 after determining that was the meaning of words included in the programme and article.

Gerry Adams
The former Sinn Féin president Gerry Adams took the BBC to court. Photo: Brain Lawless/PA

It also found the BBC’s actions were not in good faith and the corporation had not acted in a fair and reasonable way.

The full amount of legal costs to be paid by the BBC in the libel case has yet to be determined.

On Tuesday, Hugh McDowell, for the BBC, told Judge Alexander Owens that senior counsel Eoin McCullough intended to apply for a stay in the afternoon.

A stay on orders in the case would allow the BBC further time to consider whether it will lodge an appeal.

Last week, 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.

In the 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”.

Director of BBC Northern Ireland, Adam Smyth, outside the High Court in Dublin during the legal action
Director of BBC Northern Ireland, Adam Smyth, outside the High Court in Dublin during the legal action. Photo: Brian Lawless/PA

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 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 from the BBC.

However, the British public service broadcaster had argued it would be a “cruel joke” to award the former Sinn Féin president any damages.

It had argued the allegation was corroborated by five other sources and that Mr Adams had a reputation of being a member of the IRA.

After six hours and 49 minutes of deliberations in total, the jury awarded the plaintiff €100,000 – which falls within the “medium” range for defamation.

Adam Smyth, the director of BBC Northern Ireland, said the broadcaster has insurance and “makes financial provision for ongoing and anticipated legal claims”.

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