Latest news with #JusticeOwens
Irish Times
03-07-2025
- Irish Times
Appeal court defers judgment on Conor McGregor's appeal over High Court jury finding in civil rape case
The Court of Appeal has said it will give judgment 'in due course' on Conor McGregor 's appeal against a civil jury finding in favour of Nikita Hand , who sued him over alleged rape in a Dublin hotel. Mr McGregor, who denied rape and claimed he had consensual and 'vigorous' sex with Ms Hand in the Beacon hotel on December 9th, 2018, advanced grounds of appeal. They included that the trial judge erred in directing that the High Court civil jury should be asked to decide whether Mr McGregor assaulted, rather than sexually assaulted, Ms Hand. Another ground included that the trial judge, Mr Justice Alexander Owens, erred in permitting a line of questioning concerning Mr McGregor's 'no comment' responses to investigating gardaí after providing them with a pre-prepared statement in response to Ms Hand's rape claim. READ MORE Lawyers for Ms Hand opposed the appeal and urged the court to allow the jury decision to stand. An order requiring Mr McGregor to pay Ms Hand's estimated €1.3 million legal costs has been stayed pending the outcome of the appeal. Mr McGregor had sought to introduce fresh evidence for his appeal which he said bolstered his insistence he was not responsible for bruising on the body of Ms Hand noted by a doctor who examined her on December 10th, 2018. The evidence included affidavits from Samantha O'Reilly and Steven Cummins, who lived across the road from Ms Hand in Drimnagh in late 2018. In an affidavit sworn last January, Ms O'Reilly claimed she had witnessed, from her home, a physical altercation between Ms Hand and her then partner Stephen Redmond in their home on the night of December 9th/10th, 2018. In an affidavit, Ms Hand described her neighbours' claims as lies and said Mr Redmond never assaulted her that night or at any time during their relationship. After an application to admit the neighbours' evidence was dramatically withdrawn by Mr McGregor's side at the outset of the appeal on Tuesday, Ms Hand's lawyers applied on Wednesday to have the matter referred to the Director of Public Prosecutions (DPP) for consideration of possible perjury, including possible induced perjury by Mr McGregor. [ Court to refer withdrawn material in Conor McGregor appeal for consideration of possible perjury Opens in new window ] Senior counsel John Gordon said the court had power to refer the matter to the DPP and should do so because that would show the court's concern about the 'apparent abuse of its own processes'. The fresh evidence application was not just to adduce further evidence but to undermine Ms Hand's reputation pending the hearing of the appeal, he said. Having viewed materials in chambers, the court agreed to refer the matter to the DPP and said it would inform the parties of the materials it proposed to refer. The court reserved judgment on a linked appeal by James Lawrence (36), Rafter's Road, Drimnagh, against Mr Justice Owens's refusal to award him costs against Ms Hand after the jury found he had not assaulted her in the hotel after Mr McGregor had left. During the civil trial, it was confirmed that Mr McGregor, who said Mr Lawrence was his friend, was paying his legal costs for the civil case. Senior counsel John Fitzgerald, for Mr Lawrence, argued on Wednesday that his client was entitled to his costs against Ms Hand on grounds including the normal costs rule that they go to the winning party. Ray Boland SC, for Ms Hand, submitted that the trial judge had discretion to make the order he had. When counsel said an order for costs against Ms Hand would wipe out her damages award, Ms Justice Kennedy said wanting the court to take cognisance of possible consequences of its orders was a 'difficult' argument to make.
BreakingNews.ie
03-06-2025
- Business
- BreakingNews.ie
BBC must pay damages and legal costs to Gerry Adams pending any appeal
A High Court judge has directed the BBC to pay €50,000 damages, plus €250,000 legal costs, to former Sinn Féin president Gerry Adams pending a possible appeal by the broadcaster against the full costs and damages orders made in his defamation case. On those conditions, Mr Justice Alexander Owens agreed on Monday to give the BBC a stay on payment of the full €100,000 damages awarded to Mr Adams by a High Court jury. Advertisement The stay also applies to the judge's order for the BBC to pay Mr Adams legal costs, estimated at up to €3 million. Eoin McCullough SC, for the BBC, said it is still considering whether to bring an appeal against the jury decision and award made last Friday. When counsel asked about a further stay on the conditions of the stay imposed by the judge, the judge told him he would have seek any such further stay from the Court of Appeal. The judge was told the BBC is still considering whether to appeal last Friday's finding by a High Court jury that it defamed Mr Adams by publishing a claim that he sanctioned the murder of a British agent. The jury awarded Mr Adams €100,000 damages to vindicate and restore his reputation. Advertisement Following the verdict, Mr Justice Owens made costs orders in favour of Mr Adams. The amount of costs, yet to be decided, has been estimated at up to €3 million for the 21 day action. Mr Adams claimed the 2016 Spotlight programme and a related article defamed him by falsely accusing him of giving 'the final say' in the murder of MI5 informant Denis Donaldson by dissident republicans at a cottage in Glenties, Co Donegal, in 2006. The jury agreed, as Mr Adams had pleaded in his claim, that words published in the programme and article were understood to mean he sanctioned and approved the murder. The BBC had argued the claim against Mr Adams was couched as an allegation but the jury rejected the BBC's defence that the publication of the allegation was fair, reasonable and in the public interest. Advertisement On Monday, Mr McCullough outlined a number of possible grounds of appeal, including concerning the treatment of evidence from the family of Mr Donaldson and a decision to exclude evidence of Austin Stack, whose father was shot by the IRA in 1993. The judge said he was 'not really persuaded' there was anything in any but one of the grounds set out. He said he was 'partly' with counsel on a point concerning how the jury had considered defences by the BBC that the publication was in good faith and was fair and reasonable. There was a point concerning whether the jury should have been asked to consider whether the publication was done in good faith prior to considering whether it was fair and reasonable, he agreed. Advertisement He did not think there was anything in the other points, the judge said. Mr McCullough said his side regarded the jury's award of €100,000 as unsustainable for a broadcast of 'very small circulation'. The judge said it was obvious a broadcast like that would be picked up and there was publicity about the allegation made against Mr Adams. To accuse anyone of murder, of sanctioning a murder, 'is right up there at the top in my view', he said. Advertisement Mr McCullough said Mr Adams had not pleaded a case for damages on the basis of republication elsewhere. The judge suggested the plaintiff's side could have argued the BBC would have known something 'as nefarious as that' would be immediately picked up. Earlier, Thomas Hogan SC, for Mr Adams, said there was a 'low bar' for an appeal, that an appellant had to show a ground was arguable. Counsel said he did not propose to fight any appeal point at this stage. There was a 'very significant inequality of arms' between the sides but his side, with very limited resources, had managed to prevail, he said. Mr Hogan said the BBC was seeking the stay without even saying it was going to appeal the jury outcome. That suggested the stay application was strategic and any stay should have conditions attached, including for payment of something towards the award and costs. Mr McCullough said he wholly rejected any suggestion of bad faith in the stay application. The BBC wanted to take advice and had not yet decided on an appeal, he said. It was likely any appeal would be heard promptly, he added. The judge, who said he did not regard the stay application as a strategic one, granted a stay on payment of the full award and legal costs on condition the BBC pay out €50,000 of the award to Mr Adams and €250,000 towards his legal costs. In other submissions, Mr Hogan accepted his side could not seek some extra-territorial injunction which would 'geoblock' the disputed publication. When counsel referred to concerns in some quarters last weekend about the prospect of geo-blocking 'the entire BBC', the judge laughed and said he had read those. There was no jurisdiction to do that, he said. The jury award of damages was made on the basis of it being told an injunction was not an available remedy, the judge added.
Irish Times
03-06-2025
- General
- Irish Times
BBC lawyers seek stay on damages and costs orders in Gerry Adams defamation case
Lawyers for the BBC are seeking a stay on costs and damages orders made in favour of former Sinn Féin leader Gerry Adams after he won a defamation action against the broadcaster. The stay is being sought to allow time for the BBC to consider whether to appeal last Friday's finding by a High Court jury that it defamed Mr Adams by publishing a claim he had sanctioned the murder of a British agent. The jury awarded Mr Adams €100,000 in damages to vindicate and restore his reputation. Following the verdict, Mr Justice Alexander Owens made costs order in favour of Mr Adams. The amount of costs, which has yet to be decided, has been estimated at up to €3 million for the 21-day action. READ MORE At the High Court on Monday morning, barrister Hugh McDowell, for the BBC, asked Mr Justice Owens to hear the stay application, to be moved by senior counsel Eoin McCullough, later on Monday. The judge said he would hear the matter at 2pm. In his action, Mr Adams claimed the 2016 BBC Spotlight programme and a related article defamed him by falsely accusing him of giving 'the final say' in the murder of MI5 informant Denis Donaldson by dissident republicans at a cottage in Glenties, Co Donegal, in 2006. Mr Adams described the allegation as a 'grievous smear'. The BBC denied defamation. The jury agreed, as Mr Adams had pleaded in his claim, that words published in the programme and article were understood to mean he sanctioned and approved the murder. BBC had argued the claim against Mr Adams was couched as an allegation, but the jury rejected the defence that the publication of the allegation was fair, reasonable and in the public interest.
The Independent
30-05-2025
- General
- The Independent
What Gerry Adams said during seven days of evidence in BBC defamation trial
For seven days, Gerry Adams took his place in the witness box in the tiny Court 24, just a few feet from where lawyers and journalists crammed on to the narrow wooden benches. The jury at Dublin High Court heard hours of evidence from the former Sinn Fein leader. His testimony was wide-ranging, including a lengthy account of his early years and political awakenings. At times he became emotional as he recalled past events. Mr Adams' arrival at the Four Courts caused a stir each morning. The posse of media cameras was always there to meet him and he was greeted by the occasional well-wisher at the gates of the court. However, inside there were fewer pleasantries as the 67-year-old faced days of tense questioning by a barrister for the BBC, probing the senior republican's recollection around a series of IRA atrocities. The marathon evidence session began on the afternoon of the first day of the defamation case as the former MP and TD was invited by his own barrister, Declan Doyle SC, to tell the jury about his upbringing during a time of turmoil on the streets of Belfast. Trial judge Mr Justice Alexander Owens indulged the reminiscences to an extent before gently urging Mr Doyle to quicken his pace of questioning. Describing political and civil developments in the 1970s and 1980s, Mr Adams said: 'I do think the IRA was a legitimate response to what was happening at the time.' Soon attention turned to the Spotlight programme that led Mr Adams to sue the BBC over allegation that he sanctioned the 2006 murder of Denis Donaldson, a Sinn Fein official who had been exposed as a spy. Mr Adams told the court he remembered watching the programme and being 'astonished' at what he called 'an attempted hatchet job' and 'bad, poor journalism'. He described the BBC response when he attempted to raise a complaint as arrogant and insulting. He said: 'This is a public broadcaster. The public pay for all of this. 'They just dismissed it (the complaint), it was offensive, it was insulting and it is what has all of us here today.' The tone of questioning changed dramatically at the end of the first week of the trial when Paul Gallagher SC, acting for the BBC, began his cross-examination of the former Sinn Fein president. The courtroom was packed as Ireland's former attorney general rose to commence the questioning. His direction became clear at once when Mr Gallagher asked Mr Adams how many people had been killed in the Troubles and how many were victims of the IRA. 'A lot – what has this got to do with the Spotlight programme?' Mr Adams responded. The barrister listed some of the most infamous episodes of Northern Ireland's past – Bloody Friday, the Claudy bombings, La Mon – and asked Mr Adams how many victims were killed in each. Mr Adams responded that it was not fair to ask him to remember every death that occurred, adding: 'You're trivialising those deaths, if you don't mind me saying so.' As the line of questioning continued into the second week of the trial, Mr Adams complained that an attempt was being made to 'smother' the jury in history. He repeatedly said he would not speculate when asked about members, structures or rules of the IRA. 'What on earth has this got to do with Denis Donaldson?' Mr Adams asked on several occasions as the cross-examination went on. Under questioning, the former Sinn Fein leader said: 'I have never resiled from my view that the IRA's campaign, whatever about elements of it, was a legitimate response to military occupation.' He told the jury that IRA membership 'wasn't a path that I took', saying he instead joined Sinn Fein, adding that the republican party 'was not the political wing of any organisation'. He conceded that claims about about him being a member of the Army Council of the IRA had been raised multiple times in public. He said he had repeatedly received legal advice that he would 'not get any sort of a fair hearing' to challenge various claims made about him in the press. At one point Mr Adams turned the questioning on Mr Gallagher: 'Why are you trying to persuade the jury I have no reputation whatsoever?' Mr Adams said the Spotlight programme suggested his work to end violence in Northern Ireland 'was a scam' and he considered this to be a 'lie' and 'grievous smear'. On his final day of questioning, it was put to Mr Adams that he had carried the coffins of prominent IRA members during their funerals. He replied: 'You're trying to persuade this jury I had no reputation whatsoever because I attended funerals? 'And therefore Spotlight could say whatever they want about me and I would have no redress?' Asked by the judge for his reflections on the IRA's campaign of violence, Mr Adams added: 'My big regret is that so many people were killed and particularly civilians. 'My abiding regret is that it took so long to get a peace process together.' The questioning concluded. The jury had heard Mr Adams' legal team describe his reputation as that of a peacemaker. The BBC barristers argued that it was 'universally held' that he had a reputation of being in the IRA and on its Army Council. The former Sinn Fein president's barrister Tom Hogan SC summed up the paradox when he said: 'To some he is a hero, to some he is not.'
Irish Times
29-05-2025
- General
- Irish Times
Jury in Gerry Adams defamation case against the BBC begins deliberations
The jury in Gerry Adams 's defamation action against the BBC at the High Court in Dublin has started its deliberations. Mr Justice Alexander Owens finished summarising the evidence for the seven men and five women of the jury on Wednesday evening. He previously told them at least nine of them must be in agreement in deciding 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'. READ MORE He insists he had no involvement in Mr Donaldson's death. Dissident republicans claimed responsibility for the killing in 2009. The BBC denies it defamed Mr Adams. On Wednesday, Mr Justice Owens said the jury must decide whether the words complained of by Mr Adams in the programme and article say he 'gave the okay for', or sanctioned, the murder of Mr Donaldson. The BBC claims the words did not defame Mr Adams. It is the broadcaster's defence that the statements were couched as allegations . The judge said the jury should decide this question based on how a 'reasonable viewer' would interpret the words. If the jury finds 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 it rejects this defence, the jury must consider the amount of damages to award Mr Adams as compensation for damage done to his reputation. Mr Adams's lawyers have argued he has the reputation of a 'peacemaker' and of helping to end violence in Northern Ireland. The BBC has argued Mr Adams's case is a 'cynical attempt' to 'launder' a reputation for being in the Provisional IRA and sitting on its decision-making body, known as the army council. The judge noted that a person's reputation can change over time. He said the jury should evaluate Mr Adams's reputation from 2016 – the time of the broadcast – to now, if it awards damages. He previously told the jury members they should only consider Mr Adams's reputation in the Republic of Ireland . He said the jury were not being asked what they think about Mr Adams or whether they approve of him. 'You decide what the evidence is in relation to his reputation,' the judge said.
