BBC barrister claims Gerry Adams didn't take action before because he was on IRA army council

Mr Adams had previously told the court he did not sue over allegations repeatedly made against him that he was in the IRA and sat on its army council because he was advised by his solicitors he would not get a fair hearing

Former Sinn Fein president Gerry Adams (pictured) also said he had not written an article that stated: 'Rightly or wrongly, I am an IRA volunteer'. Photo: Leah Farrell / © RollingNews.ie

A barrister has put to Gerry Adams in the High Court that he was a member of the IRA and sat on its army council, and that is the reason why he did not previously take legal action over such allegations.

Mr Justice Alexander Owens intervened before Mr Adams responded to the allegation, made by Paul Gallagher SC on the second week of a civil trial hearing into the Sinn Féin leader’s defamation action against the BBC.

Mr Adams claims a BBC Spotlight programme and related article published in 2016 defamed him by falsely accusing him of sanctioning the 2006 killing of British agent Denis Donaldson. The BBC denies it defamed Mr Adams.

Mr Adams told the court on Wednesday he did not sue over allegations repeatedly made against him that he was in the IRA and sat on its army council because he was advised by his solicitors he would not get a fair hearing.

On Thursday, Mr Gallagher, for the BBC, suggested this was not a reason he did not sue over the allegation – rather, he alleged, it was because he was on the IRA’s army council, and a member of the paramilitary group, and remained so until 2005. Mr Justice Owens interjected and blocked the question before Mr Adams responded.

Article

Following a short break, Mr Gallagher put it to Mr Adams that he was the author of an article, published under the name “Brownie”, that stated: “Rightly or wrongly, I am an IRA volunteer.” “I suggest those are your words,” Mr Gallagher said.

Mr Adams said that he had not written the article. Mr Adams said it was written by Richard McAuley, who was part of a “collective” of men imprisoned in Long Kesh who wrote articles.

Mr Gallagher said that it could not have been Mr McAuley because he was not married and didn’t have a son – the article’s author, Mr Gallagher pointed out, references having a spouse and son. Mr Gallagher put it to Mr Adams that he was addressing his wife and son in the article.

IRA activity

Mr Gallagher also put it to Mr Adams that at the time the subject material of the Spotlight programme took place, there were continuing issues around IRA activity.

Counsel cited reports the IRA was behind the robbery of Northern Bank headquarters in Belfast December 2004, the killing of Robert McCartney by an IRA man in Belfast in January 2005, and an IRA statement offering to “shoot” the perpetrators of Mr McCartney’s murder.

Mr Adams said that the killing of Mr McCartney was brutal and wrong, and said he was not aware of an IRA statement threatening to shoot those involved in the murder. When Mr Gallagher quoted from what he said was the statement released by the IRA, Mr Adams said: “Well I don’t accept that as a statement made by the IRA.” 

Mr Gallagher said that the statement was “another reminder, to use [Mr Adams’] words, that the IRA had not gone away”. At a rally in Belfast City Hall in 1995, in response to a heckler, Mr Adams said: “They [The IRA] haven’t gone away, you know.” 

Gerry Adams' reputation

Mr Gallagher suggested that it is “of considerable significance” that the “reputation” Mr Adams had as being involved in the IRA and its army council is an important part of the context of the Spotlight programme.

Mr Adams repeated his assertion that counsel was seeking to persuade the “good people” of the jury that he did not have a reputation, and therefore, the Spotlight programme can say what they want about him, and he could have no redress.

Denis Donaldson killing

Mr Gallagher also put it to Mr Adams that the BBC updated its website with other articles relating to Mr Donaldson’s killing. These articles included one reporting Mr Donaldson’s family statement that did not blame the IRA for Mr Donaldson’s killing, and another reporting that a man had been released without charge by gardaí investigating Mr Donaldson’s killing.

Mr Gallagher said that the BBC “followed true”, and when information that implicated others in the murder of Mr Donaldson became available, viewers of the BBC website were updated on that information. Mr Adams pointed out that the article he sued over, with the headline “Gerry Adams ‘sanctioned Denis Donaldson killing’”, is still live on the BBC website.

Ciarán Shiels, a solicitor who previously represented the Donaldson family, told the court Mr Adams’s name was never mentioned in meetings and correspondence he had with the BBC before the broadcast . He  told the court Mr Donaldson’s family did not accept or believe Mr Adams had anything to do with his murder.

Mr Shiels agreed that in an interview with the BBC after the Spotlight broadcast, he said the allegation Mr Adams sanctioned the IRA’s killing of Mr Donaldson did not “marry” with lines of inquiry progressed by gardaí investigating the murder.

In cross-examination, Eoin McCullough senior counsel, for the BBC, pointed out the programme reported on the garda inquiry.

The case continues.