Gerry Adams awarded £84,000 after wining libel case against BBC over Spotlight allegations
Gerry Adams has said taking the BBC to court was about "putting manners" on the broadcaster.
The former leader of Sinn Féin has been awarded €100,000 (£84,000) in damages after winning his libel action at the High Court in Dublin.
The former Sinn Féin leader alleged a BBC Spotlight programme, and an accompanying online story, defamed him by alleging he sanctioned the killing of former Sinn Fein official Denis Donaldson. He denied any involvement.
Reacting outside court Mr Adams said the case could have been settled "a long time ago".
He added: "The licence payers are going to pay for this . The BBC aren’t using their own money, Spotlight aren’t, the license fee payers are."
Mr Adams said his thoughts were with the family of Denis Donaldson.
He added: “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.”
The jury at the High Court in Dublin found in Mr Adams 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 that it had not acted in a fair and reasonable way.
The verdict was delivered at 11:33am on Friday after 6 hours 49 minutes deliberating. They had five questions to answer after five weeks of the trial. They were:
Did words published on Spotlight 2016 set out on schedule mean he sanctioned murder? To which they answered yes.
Did words published on BBC website on 21st September 2016 mean he sanctioned murder? Again the jury answered yes.
If in relation to that, did the BBC act in good faith and was reasonable to broadcast? They said no.
If in relation to that, to this is yes did the BBC broadcast in good faith and reasonable to broadcast? Again they found no.
The final question was in relation to how much damages Mr Adams should be awarded.
The former MP and TD said there was an onus on all, 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.”
BBC director Adam Smyth said there was disappointment at the verdict.
"We believe we supplied extensive evidence to the court of the careful editorial process and journalistic diligence applied to this programme and 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’s hard to see how anyone’s could. And they warned that today’s decision could 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.
"We would like to thank Jennifer O’Leary, Gwyneth Jones and all those who gave evidence on behalf of the BBC, as well as our legal team for their unwavering support. We will now take some time with them to consider the implications of this ruling."
Spotlight reporter Jennifer O'Leary thanked the legal team for their support.
"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 added.
"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."
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”.
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 euro (£168,000) from the BBC. He said he would donate the money to charity.
However, the public service broadcaster had argued it would be a “cruel joke” to award the former Sinn Féin president any damages.
The jury determined that Mr Adams should be awarded 100,000, which the jury heard falls on the medium scale for defamation.
Trial judge Mr Justice Alexander Owens sent the jury out to begin deliberations at 10.25am on Thursday morning, in the fifth week of proceedings.
The 12 members were also provided with exhibits in the case and the means to re-watch the programme.
At one stage in the deliberations, one of the jurors was released from the process due to other commitments, including a camogie match.
The remaining 11 members continued their consideration of the issues before delivering the verdict.
They were 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 Mr Donaldson.
Mr Owens said they were to consider whether it was “more likely than not” that a “hypothetical reasonable reader” would take that meaning from the words.
The BBC had argued that the jury should not find that this was the meaning of the words, instead saying the claim had been put forward as an allegation that was immediately followed by Mr Adams’ denial.
Having agreed with Mr Adams on that point, they then had to consider whether the broadcaster’s actions were fair and reasonable as well as whether it acted in good faith.
They determined that the BBC had not acted in such a manner.
They returned with their verdict on Friday after six hours and 49 minutes of deliberations in total.
Mr Owens told the jury that the BBC had put forward the position that Mr Adams had “no reputation at all” and the broadcaster had argued to the jury that it should award only nominal damages, putting forward the option of just one euro.
Mr Adams’ team had argued that the defamation fell within the “very serious” or “exceptional” end of the damages scale.
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