BBC journalist says she exercised 'utmost care and responsibility' in reporting allegations against Gerry Adams

Jennifer O’Leary told court she made efforts to meet with as many credible sources as possible in carrying out her investigation

BBC 'Spotlight' reporter Jennifer O’Leary told High Court: 'I wouldn’t be here if I couldn’t stand over the allegations made in the programme.' Picture: Collins Courts

The journalist behind a programme at the centre of Gerry Adams’ defamation action against the BBC said she exercised “utmost care and responsibility” in reporting the allegation the former Sinn Féin leader sanctioned the murder of a British agent.

BBC Spotlight reporter Jennifer O’Leary was giving evidence at the High Court on the third week of a civil trial hearing into Mr Adam’s action.

Mr Adams claims a Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of MI5 agent Denis Donaldson in 2006.

The BBC denies it defamed Mr Adams, who insists he had no involvement in the death, which dissident republicans claimed responsibility for in 2009.

On Wednesday, under cross-examination by Tom Hogan SC, for Mr Adams, Ms O’Leary said the “serious” allegation, made against Mr Adams by an anonymous contributor to the programme dubbed “Martin”, was treated with the “utmost care and responsibility”.

She said she made efforts to meet with as many credible sources as possible in carrying out her investigation. 

“I had over 60 meetings after the interview with Martin was recorded,” she said.

Mr Hogan asked if Ms O’Leary agreed with the proposition that if, as a journalist, you can’t stand over an allegation, you should not publish it. “Mr Hogan, I wouldn’t be here if I couldn’t stand over the allegations made in the programme,” she replied.

Former Sinn Féin president Gerry Adams claims a Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of MI5 agent Denis Donaldson in 2006. Picture: Niall Carson/PA Wire

Mr Hogan put it to Ms O’Leary the court heard on Tuesday the BBC was not standing over the allegation, because it did not need to. Ms O’Leary said she was in court to defend “the journalism”, and points of law were points of law.

Opening the broadcaster’s defence, Eoin McCullough SC had said the BBC was entitled to rely on a defence of fair and reasonable publication in the public interest, and the programme was a “proper piece of investigative journalism”.

Mr Hogan put it to Ms O’Leary she was in court to defend the journalism of the programme, but not the truth of the allegation against Mr Adams. She said she was defending the allegation Martin made on the basis of five additional sources.

Ms O’Leary said she disagreed with Mr Hogan’s suggestion that in the programme, Martin states as a matter of fact IRA murders have to be approved by its political and military leadership, and “Gerry Adams, he gives the final say”.

“I’m putting it to you that he’s clearly not giving his opinion, he’s asserting this as fact,” Mr Hogan said.

Ms O’Leary said Martin’s words were presented “in the context of an allegation”. She said “any reasonable person” watching the programme would know “we are making an allegation”.

Mr Hogan noted several statements issued by the Donaldson family were included in a draft script of the Spotlight programme. These statements included the family’s blaming of security services for Mr Donaldson’s death, and their belief an IRA statement denying responsibility for Mr Donaldson’s killing was true. Mr Hogan said the statements were removed from the final programme.

Mr Hogan put it to Ms O’Leary she excluded “unhelpful comments” that contradicted “what you wanted to say” regarding the IRA’s alleged killing of Mr Donaldson, and Mr Adam’s alleged involvement.

Ms O’Leary sad they made a decision not to include the statements out of respect because of “sensitivities” around Mr Donaldson’s killing, and said the Donaldson family did not wish to engage with the programme. She said she based what she put in the programme on sources she spoke with.

She said it was not unusual for elements of a working script to be removed.

Mr Hogan also noted an allegation in the draft script stating Thomas ‘Slab’ Murphy was responsible for sanctioning the operation that resulted in the killing of Mr Donaldson. He said this allegation was not in the final programme.

Asked why this allegation was removed, she said it was changed “to reflect what sources were saying”.

Mr Hogan put it to Ms O’Leary it was removed because it was “taking away” from the allegation she “wanted to say” about Mr Adams’ sanctioning the killing. She said this was not correct.

The trial continues.