Gerry Adams defamation case: Jury to begin deliberations on Thursday
Gerry Adams' lawyers have argued that he has the reputation of a 'peacemaker', and helping to end violence in Northern Ireland. Picture: Brian Lawless/PA
The jury in Gerry Adams’ defamation action against the BBC is expected to begin its deliberations on Thursday morning.
Mr Justice Alexander Owens finished his charge to the seven men and five women of the jury on Wednesday evening. He previously told the jury that at least nine of them must be in agreement in coming to a decision in the case.
The former Sinn Féin leader claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of British agent Denis Donaldson at a cottage in Glenties,Co Donegal, in 2006. He described the allegation as a “grievous smear”.
The BBC denies it defamed Mr Adams, who insists he had no involvement in Mr Donaldson’s death. Dissident republicans claimed responsibility for the killing in 2009.
On Wednesday, Mr Justice Owens completed summarising the evidence of the witnesses called during civil trial, which is now in its fifth week.
The judge repeated his instructions to the jury for what they must do when deciding on a verdict.
He said they must decide if the words complained of by Mr Adams in the programme and article say that he “gave the OK for”, or sanctioned, the murder of Mr Donaldson.
The BBC says the words did not defame Mr Adams. It is the broadcaster‘s case that the statements were couched as allegations.
The judge said they should decide this question based on how a “reasonable viewer” would interpret the words.
If they find that the words mean Mr Adams sanctioned the murder, they must then consider the BBC’s defence of fair and reasonable publication. The onus of proof in this defence is on the BBC, the judge said.
Finally, if they reject this defence, the jury must consider the amount of damages to award Mr Adams, to compensate him for damage done to his reputation.
Mr Adams’ lawyers have argued that he has the reputation of a “peacemaker”, and helping to end violence in Northern Ireland. The BBC has argued that Mr Adams’ case is a “cynical attempt” to “launder” a reputation for being in the Provisional IRA, and sitting on its army council.
The judge noted that a person’s reputation can change over time. He said the jury should evaluate Mr Adams’ reputation from 2016 – the time of the broadcast – to now, if they award damages.
He previously told the jury that they should only consider Mr Adams’ reputation in the Republic of Ireland.
“You decide what the evidence is in relation to his reputation,” the judge told the jury.
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