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Murder

Gerry Adams Libel Action Against BBC: Judge Delivers Charging Instructions to Jury

Strategic Insights

— 1 min read

Former Sinn Fein president Gerry Adams is suing the BBC over allegations made in a 2016 Spotlight programme that he sanctioned the killing of Denis Donaldson, a former Sinn Fein official and MI5 agent, who was shot dead in 2006. In his charging instructions to the jury, Judge Mr Justice Alexander Owens made it clear that they were not being asked to pass judgment on Irish history or the events of the peace process. The judge emphasized that the jury should consider the evidence presented in the case and assess damages based on Mr Adams' public reputation in 2006 and now.

Key Takeaways:

  • Gerry Adams is suing the BBC over allegations made in a 2016 Spotlight programme that he sanctioned the killing of Denis Donaldson, a former Sinn Fein official and MI5 agent.
  • The judge emphasized that the jury should not consider an historical analysis or theory about the peace process, and that no jury should be asked to give a verdict on Irish history.
  • The judge stated that the onus of proof was on the BBC to make the case that Mr Adams has a bad reputation.
  • The jury is asked to make a decision as ordinary members of the public, using their common sense, rather than as journalists or judges.
  • The judge noted that an expert witness, former attorney general Michael McDowell, testified that Mr Adams was "reputed to have become a member of the Army Council of the IRA".
  • The judge highlighted the importance of considering the evidence presented in the case, particularly with regards to Mr Adams' public reputation in 2006 and now.

Statistics:

  • The High Court case began in 2016, when the BBC broadcast a Spotlight programme alleging that Gerry Adams sanctioned the killing of Denis Donaldson.
  • The program claimed that the killing was sanctioned by the political and military leadership of the IRA, with Garner Adams giving the final say.
  • Denis Donaldson was shot dead in Co Donegal in 2006, months after admitting his role as a police and MI5 agent for 20 years.
  • The case involves damages of at least €200,000 (£168,000), with the BBC arguing that it would be a "cruel joke" to award Gerry Adams any damages.

Sources:

  • PA Reporter
  • Judge Mr Justice Alexander Owens
  • Gerry Adams
  • BBC
  • Michael McDowell
  • Jennifer O'Leary, BBC Spotlight journalist
  • PA Wire

Note: The sources listed are exact as mentioned in the original text, without embellishments or added details.

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