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Murder

Gerry Adams' Libel Action Against BBC Enters Deliberation Phase

Strategic Insights

— 2 min read

A jury has begun deliberating on former Sinn Fein leader Gerry Adams' libel action against the BBC, which alleges he sanctioned the killing of Denis Donaldson, a former Sinn Fein official. The case has been ongoing since 2018, with the BBC arguing that its report, which aired in 2016, did not imply that Adams gave the final say in the killing. The BBC also argued that Adams has no reputation to uphold, and that a damages award would be a "cruel joke". Adams is seeking damages of at least €200,000.

Key Takeaways:

  • Gerry Adams alleges that a BBC Spotlight programme and accompanying online story defamed him by alleging he sanctioned the killing of Denis Donaldson.
  • The BBC argues that the programme did not imply that Adams gave the final say in the killing, and that Adams has no reputation to uphold.
  • Adams is seeking damages of at least €200,000, while the BBC argues that a damages award would be a "cruel joke".
  • The jury has been tasked with determining whether the words in the BBC spotlight programme and accompanying article mean that Adams sanctioned and approved the murder of Donaldson.
  • The jury also has to consider whether the BBC broadcast and published the words in good faith and whether it was fair and reasonable to do so.
  • If the jury finds that the BBC was fair and reasonable and acted in good faith, it will not consider damages. However, if the jury finds that the BBC did not act in good faith or was not fair and reasonable, it can consider damages.
  • The BBC had argued that if damages are awarded, they should be nominal, with Mr. Adams' legal team arguing that the alleged defamation would fall on the "very serious" or "exceptional" end of the scale.
  • Trial judge Mr. Justice Alexander Owens told the jury to strive for a unanimous verdict and that it was open for them to deliver a majority verdict of nine or more.

Statistics:

  • €200,000: the minimum amount of damages Adams is seeking.
  • 2016: the year the BBC report that triggered the libel action was aired.
  • €200,000: the amount of damages the BBC has described as a "cruel joke" to award Adams.
  • 2009: the year the dissident republican group the Real IRA claimed responsibility for the killing.
  • Ongoing: the status of the Garda investigation into the matter.

Sources:

  • Collins Photos Dublin
  • BBC Programme and accompanying article (no specific date mentioned)
  • SFA (Sinn Féin Ard Fheis) Belfast Telegraph - 'Sinn Féin's Adams goes to court over BBC libel claim'

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