Journalists’ union welcomes judgment in Sinn Féin MLA defamation case

The Master of Belfast High Court Evan Bell said that comments published by Sinn Féin MLA Gerry Kelly in a number of books were reason to strike out the case.

Sinn Féin MLA Gerry Kelly. Picture: Liam McBurney/PA Wire

The National Union of Journalists has welcomed a ruling that a case brought by Sinn Féin MLA Gerry Kelly against a journalist was “scandalous, frivolous, and vexatious”.

The Sinn Féin MLA was also ordered to pay costs to Malachi O'Doherty in the case which related to a pair of radio interviews in which the journalist said that Mr Kelly had shot a prison officer during an escape from the Maze prison in 1983. 

While Mr Kelly was one of 38 IRA prisoners who escaped from the prison — an attempt during which prison officer John Adams was shot in the head — he was found not guilty of the shooting of Mr Adams at a trial in 1987.

In a judgment published on Monday, the Master of Belfast High Court Evan Bell said that comments published by Mr Kelly in a number of books were reason to strike out the case.

"What Mr Kelly has written in his books is, in my view, a clear statement of common design in respect of the battery of Mr Adams... the content of his books appears to make Mr Kelly civilly liable, on the balance of probabilities, for the shooting of Mr Adams.

"In the light of that, these defamation proceedings against Dr O’Doherty are completely untenable. For that reason, the court strikes them out on the basis that they are scandalous, frivolous, and vexatious."

On reputational damage, the judgment adds that Mr Kelly's 1973 conviction for the Old Bailey bombing in London meant that he had "lost his moral compass".

"I consider that a right-thinking person would take the view that anyone who is guilty to the criminal standard of proof of exploding car bombs in a capital city, putting the lives of dozens or hundreds of people at risk, has lost his moral compass, as he places little value on human life because he is prepared to take risks with their lives as collateral damage," the judgement stated.

'A chilling impact on journalists'

NUJ assistant general secretary Séamus Dooley said the determination was “extremely significant” in the context of ongoing concern at the use of lawsuits known as SLAPPs (strategic lawsuits against public participation) against journalists in both Northern Ireland and the Republic.

“This case had no realistic prospect of success," he said. 

"Since 2020, the shadow of defamation proceedings has loomed over Malachi O’Doherty and, in a separate action, over Ruth Dudley Edwards. 

"Such threats have a chilling impact on journalists and journalism. The unambiguous language used in the determination should give those intent on using SLAPPs pause for thought.”