Former Sinn Féin leader Gerry Adams wants the High Court to strike out certain aspects of the BBC’s defence in his defamation action against the broadcaster over its reporting of the murder of Denis Donaldson.
His pre-trial motion and another from the BBC came before Ms Justice Emily Egan at the High Court on Tuesday.
Mr Adams claims the BBC falsely alleged that he sanctioned the killing in 2006 of Mr Donaldson, a former Sinn Féin official who worked for decades as a spy for the British.
His action relates to a 2016 BBC Spotlight programme in which the allegation was made. There was also a follow-up article on the BBC website in which the allegation was repeated, he claims.
Mr Adams has at all times denied any suggestion that he anything to do with Mr Donaldson’s death. The BBC denies defamation.
In his motion, Mr Adams, represented by Tom Hogan SC instructed by Johnson’s solicitors, wants the BBC’s defences under Section 18, which concerns the defence of qualified privilege, and Section 26, namely that the article was a fair and reasonable publication concerning a matter of public interest, of the 2009 Defamation Act struck out.
Defamatory headline
Counsel said the defences pleaded in relation to the article are bound to fail, on grounds including that a defamatory headline stating that Mr Adams had sanctioned the killing was not amended when new information came to light.
This information, counsel said, included reports that a man outside the jurisdiction with alleged links to dissident republicans was wanted by gardaí in connection with the murder. Dissident republicans had claimed responsibility for Mr Donaldson’s murder in 2009, counsel said.
In addition, counsel said the BBC could not make a claim of qualified privilege in relation to the article, which he said was “quite different” to the Spotlight broadcast. His client was not seeking to dismiss any parts of the defence in connection with the broadcast, but should not have to fight the defences tendered on behalf of the article, counsel added.
In reply, Eoin McCullough SC rejected Mr Adam’s arguments and said the BBC’s defence of the claim concerning the broadcast and the article should be allowed to go before a jury hearing the defamation claim.
In its pre-trial motion, the BBC is seeking discovery of certain documents and materials from Mr Adams, which it claims are relevant to its defence of his claims. These include any documents, recordings or materials Mr Adams has in his possession regarding his relationship and association with the IRA.
The BBC also seeks discovery of any evidence, knowledge or recordings he has regarding his alleged knowledge of the treatment of those who informed on the IRA.
‘Consequence’
It further seeks materials concerning a 1987 press conference where Mr Adams said that “everyone in west Belfast knows that the consequence of informing is death”.
The hearing of the BBC’s motion, which is opposed, is expected to commence before the court on Wednesday.
Mr Adams says he suffered damage to his reputation as a result of what he says is a false allegation made by an anonymous source in the Spotlight programme that he sanctioned the killing of Mr Donaldson. He was shot dead at his isolated cottage near Glenties, Co Donegal in April 2006.
The anonymous source, referred to as ‘Martin’ in the programme, said he was also a paid agent for British state security services including MI5 while a member of the IRA.
The BBC denies it was defamatory and claims the programme/publication was put out in good faith and during discussion on a subject of public and vital interest. It constituted responsible journalism, which was the result of careful investigation, it argues.
The hearing of the pre-trial motions continues.