BBC granted time to consider appeal in Gerry Adams case before paying all costs
On Friday, a jury at the High Court in Dublin found in his favour and awarded him 100,000 euros (£84,000) after determining that was the meaning of words included in the programme and article.
The BBC will also have to pay Mr Adams's legal costs.
However, the broadcaster was granted a stay on paying out the full costs and damages to allow it time to consider whether to lodge an appeal.
The stay was subject to paying half the damages (50,000 euros or £42,000) and 250,000 euros (£210,000) towards solicitors' fees.
Eoin McCullough SC, for the broadcaster, told trial judge Mr Justice Alexander Owens on Tuesday that he was applying for a stay pending a decision on whether to take an appeal.
He said his client had not determined if it would appeal, but added that he was seeking a stay until the end of the appeal period.
In making its decision, the jury also found the BBC's actions were not in good faith and the corporation had not acted in a fair and reasonable way.
When asked by the judge for what grounds an appeal could be taken, Mr McCullough said the court had rejected applications by the defence on matters put to the jury relating to Section 26 of the Defamation Act.
In particular, he questioned the decision to reject an application to withdraw the question of 'good faith' to the jury – and the order in which that question was asked of the members.
The jury was asked the good faith question before making a decision on whether the publication was fair and reasonable.
Mr McCullough said it was inevitable that the jury would find against him on the matter of fair and reasonable action once it had already found against him on good faith.
Mr Justice Alexander Owens agreed with counsel that there may be grounds for an appeal on the fact that the jury was first asked to consider whether the actions were in good faith before considering whether the actions were fair and reasonable.
Tom Hogan SC, for Mr Adams, said that if the court was going to grant a stay, it should be on the basis of something being paid towards the award.
Mr Justice Alexander Owens granted the stay subject to the conditions that 50,000 euros be paid towards damages and 250,000 euros towards the solicitors' fees.
However, this can also be appealed against.
Mr McCullough had raised other potential grounds for appeal, including the court's decision not to allow Mr Donaldson's daughter to give another 'version' of matters given in evidence by the family's former solicitor Ciaran Shiels.
He also said an appeal may be grounded on the exclusion of the evidence of Austin Stack and historian Eunan O'Halpin.
He said an appeal could further be grounded on the defendants being excluded from taking on the issue of whether Mr Adams was in the IRA, arguing that this could be put forward as significant acts of misconduct which would speak towards reputation.
Mr Adams denies being a member of the IRA.
Mr McCullough also raised comments by the judge which referred to newspaper reports about Mr Adams that were called upon during cross-examination as 'rot' and 'blather'.
He said that based on all of these issues, the jury determination of a 100,000 euro quantum for damages was itself unsustainable, further stating that the circulation of the programme and article was 'very small' and combined with a 'very damaged reputation'.
Mr Hogan said he could not say that there were not some points that were arguable, but added he did not want to 'fight the appeal now'.
He said there was a 'very significant inequality of arms in this case' and questioned whether the application was strategic.
He said an appeal had to be brought on a bona fide basis.
Mr McCullough said it was 'surprising' if not a 'little frustrating' to hear a suggestion that he was acting short of good faith.
He said all he had said was that his client had not made up its mind and that any appeal should be allowed to proceed in the usual way.
He had argued that it may be difficult and complicated to get the amounts paid out back should he prevail on appeal.
Mr Justice Alexander Owens said he was 'not really persuaded' on the grounds of the appeal, other than the order of the questions on 'good faith' and 'fair and reasonable'.
He made the order of the payment of partial damages and costs.
It is open to the BBC to seek a further stay against that payment at the Court of Appeal.
Last week, the director of BBC Northern Ireland Adam Smyth said the broadcaster has insurance and 'makes financial provision for ongoing and anticipated legal claims'.
Separately, the counsel discussed whether the article – which remains online – could be geoblocked in the Republic of Ireland.
On the issue of seeking an injunction, Mr Hogan said he had been discussing the matter with Mr McCullough and that it may be technologically possible.
He added that there had been a lot of talk over the weekend over BBC services being blocked in the Republic of Ireland.
Mr Justice Alexander Owens replied: 'I heard that, I don't imagine that will happen.'
The judge questioned what jurisdiction he had to make an order on the BBC, which is abroad.
He added that it had been put to the jurors that he would not be able to make such an order and that their award of damages was the remedy on the matter.
Mr Hogan agreed that it was not a matter to be decided on Tuesday.
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South Wales Argus
3 hours ago
- South Wales Argus
Adams: It's a regret that end to armed campaign took decades to bring about
The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. Graffiti on a wall in west Belfast at the time of the Provisional IRA's announcement (Paul Faith/PA) While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' Gerry Adams, centre, with Martin McGuiness of Sinn Fein, right, and SDLP leader John Hume after talks in Downing Street (Fiona Hanson/PA) He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.
Rhyl Journal
4 hours ago
- Rhyl Journal
Adams: It's a regret that end to armed campaign took decades to bring about
The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.
Glasgow Times
4 hours ago
- Glasgow Times
Adams: It's a regret that end to armed campaign took decades to bring about
The former Sinn Fein president also voiced regret that it took so long to come, suggesting the UK Government was focused on 'defeating republicanism'. He also said he regretted the number of lives lost during the Troubles as he reflected on the upcoming 20th anniversary of the IRA statement. The IRA formally ended its 35-year paramilitary campaign on July 28 2005 when former republican prisoner Seanna Walsh read a statement. Graffiti on a wall in west Belfast at the time of the Provisional IRA's announcement (Paul Faith/PA) While a number of ceasefires had been announced and collapsed since 1994, the 2005 statement saw the start of the decommissioning of weapons. The statement said that members had been instructed to use exclusively peaceful means, and not to engage in any other activities whatsoever. Mr Adams described the move as seismic, and an 'indication of confidence' by 'all the IRA' and not just its leadership. 'The statement came after there had been some sort of internal process, a huge vote of confidence in people,' he said. 'It took decades for it to be put together. 'You have to go back to Father Alec Reid, Father Des Wilson, myself, John Hume and the endeavour to put together an alternative to armed struggle. 'It took all that time to do that, but that's what the IRA said in its statement, that they believed there was now a peaceful way to pursue republican and democratic objectives, and ordered its volunteers to not be engaged in any other activity whatsoever, and authorised contact with the International Commission on Decommissioning. 'It took decades and one of my regrets is that it took so long. In my humble opinion it took so long because the two governments, particularly the British government, only sought peace on its terms, which meant defeat the IRA, it meant defeat republicanism and that doesn't work, our people are resolute.' Gerry Adams, centre, with Martin McGuiness of Sinn Fein, right, and SDLP leader John Hume after talks in Downing Street (Fiona Hanson/PA) He added: 'The proof of it is that 20 years later the IRA isn't a feature. Some may want to make it a feature, invent, fabricate and so on, but that's the proof of it.' Asked whether he felt the IRA should issue an apology for all the lives lost by their actions, Mr Adam pointed to a statement in 2002 on the anniversary of Bloody Friday, a series of bombs across Belfast which claimed nine lives. It included an offer of 'sincere apologies and condolences' to the families of all 'non combatants' killed or injured by IRA actions. 'I think in fairness that the record will show that the IRA leadership have apologised on a number of occasions about specific incidents or operations which it was involved in, particularly around the issue of civilian casualties or fatalities,' he said. 'One of the big regrets that I have is that so many people were killed, and particularly people who weren't involved and particularly children, that's a real concern. 'I say that from a community and a family which lost loved ones in the course of all of this.' However, Mr Adams added that while he thinks it is important to look back over the last 20 years, it is also important to look forward to the next 20 years and a referendum on a united Ireland. 'One thing we can say with certainty is there is going to be a referendum on the future, the Irish Government doesn't want it, the British Government doesn't want it, unionists don't want it but there is going to be the day when people will vote for the future,' he said. 'Our responsibility, and for everyone who is concerned about the future, need to be part of the conversation well in advance of that vote. Whether it is about public services, health services, the economy, flags, emblems, taking all of those issues and trying to find solutions to them that allows everyone to be comfortable in the new Ireland. 'You rarely get the opportunity to write the future, and we now have that opportunity and its contained in the Good Friday Agreement.' 'I do know that there will be a united Ireland so whether it happens the day after I die or a couple of years before then. 'It is not inevitable, the forces against it are quite strong but if we work at it. 'If we continue to do the sensible, intelligent things that we have been trying to do, then – although I would love to live in a united Ireland – it matters little to me whether it happens after I die or before it. To be able to say in my own heart to say, 'I played a part in bringing that about', that'll do me.' Mr Adams was speaking ahead of an Feile An Phobail arts event this weekend to mark the anniversary. He will take part in a discussion alongside Mr Walsh, chaired by Sinn Fein Galway TD Mairead Farrell, at the Balmoral Hotel in Belfast on Saturday.
