BBC given opportunity to deliberate on appeal in Gerry Adams case before settling entire expenses
New Article:
Gerry Adams scores a victory against the BBC, securing a hefty payout and denouncing the corporation's unfaithful and unfair tactics. The beleaguered ex-Sinn Féin leader took the BBC to court in 2016, alleging the broadcaster defamed him with claims he sanctioned the killing of Denis Donaldson, which he categorically denies.
In a Hard Court trial last week, the jury found in Adams' favor and awarded him €100,000, determined that the words used in the Spotlight program and accompanying online story constituted defamation. The BBC will pay Adams' legal fees as well.
However, the corporation was spared from paying the full costs and damages immediately. A temporary reprieve was granted to allow the BBC time to consider whether to file an appeal. Nevertheless, the broadcaster was ordered to fork over half the damages (€50,000) and €250,000 towards legal fees.
Senior Counsel Eoin McCullough, speaking on behalf of the BBC, pleaded for a stay pending a decision on an appeal. Though the corporation has not yet determined if it will file an appeal, McCullough appealed for a stay until the end of the appeal period.
The jury's verdict also uncovered the BBC's less-than-honorable motives and unreasonable actions. In evaluating an appeal, several factors could come into play:
- The Order of Questions to the Jury: The jury was first asked to evaluate the BBC's actions in good faith before deciding whether they were fair and reasonable. McCullough argued that this order may have led to an unfair and biased verdict.
- Exclusion of Evidence: The jury was not allowed to hear evidence from Denis Donaldson's daughter, former solicitor Ciaran Shiels, historians Eunan O'Halpin, and political leader Austin Stack. The BBC could argue that exclusion of these witnesses significantly impacted their reputation.
- The Exclusion of the "IRA" Issue: The broadcaster was barred from discussing whether Adams was a member of the IRA, which they may argue was unjust and a significant oversight in their defense.
- The Judge's "Rot" and "Blather" Comments: BBC could challenge the judge's comments as biased and detrimental to their case.
Tom Hogan, counsel for Adams, agreed that some issues were arguable but refrained from launching an immediate appeal. Hogan questioned the strategic intentions behind the application and expressed concerns over the imbalance of resources between the parties involved.
The BBC has insurance and budgets for ongoing legal claims, as confirmed by BBC Northern Ireland Director Adam Smyth. The ongoing debate revolves around potential geoblocking of the article in the Republic of Ireland and the possibility of seeking an injunction.
But Judge Alexander Owens seems skeptical of such measures, expressing doubts over his jurisdiction and the practicality of the request. As the legal drama unfolds, all eyes are on whether the BBC will indeed take the fight to a higher court.
- The verdict in the hard-fought court case between Gerry Adams and the BBC has significant implications for the realm of general-news and politics, as the jury's findings have raised questions about the BBC's tactics and motives.
- As the broadcaster weighs whether to file an appeal following their loss in court, the future of journalistic standards and the fairness of reporting in political matters remains a general-news topic of interest.
