Gerry Adams is awarded £84,000 damages after winning libel action against the BBC over claim he sanctioned 2006 murder

Gerry Adams has been awarded £84,000 (€100,000) in damages after winning his libel action against the BBC after a documentary claimed he ordered the murder of a fellow Sinn Fein official unmasked as a British spy.

Mr Adams said that a BBC Spotlight programme, and an accompanying online story, defamed him by alleging he sanctioned the killing of Denis Donaldson, for which he denies any involvement.

Mr Donaldson was shot dead inside his cottage in Co Donegal in 2006, months after admitting his role as a police and MI5 agent over 20 years.

In the programme broadcast in September 2016, an anonymous source given the pseudonym Martin claimed the shooting was sanctioned by the political and military leadership of the IRA and that Mr Adams gave ‘the final say’.

Adams denies involvement and called the allegation a ‘grievous smear.’ 

A jury at the High Court in Dublin found in his favour on Friday. It also found the BBC’s actions were not in good faith and that it had not acted in a fair and reasonable way.

The high-profile republican sought damages of at least £168,000 (€200,000) from the BBC – but received half that amount. Legal bills for both sides are said to be up to £4.2million (€5million).

Mr Adams (right) pictured with Martin McGuinness (centre) and Denis Donaldson (left) in 2005

Mr Donaldson was found shot dead inside his cottage, pictured as forensics officers tomorrow, months after it was revealed he was working for the British Government inside the IRA and Sinn Fein

Denis Donaldson with his arm around IRA hunger striker Bobby Sands in Long Kesh prison in 1981. The two men served time together for paramilitary offences

In 2009, the dissident republican group the Real IRA claimed responsibility for the killing of Denis Donaldson and a Garda investigation into the matter remains ongoing.

Mr Adams said the allegation was a ‘grievous smear’ while the BBC has described the legal action as a ‘cynical attempt to launder his reputation’.

However, the British public service broadcaster had argued it would be a ‘cruel joke’ to award the former Sinn Fein president any damages.

The jury determined that Mr Adams should be awarded €100,000, which the jury heard falls on the medium scale for defamation.

Gerry Adams claims the defamation case ‘was about putting manners on the BBC’

‘This could have been sorted out a long time ago’, he said speaking outside court today.

‘The BBC aren’t using their own money. Spotlight aren’t using their own money.

‘It’s the licence fee payers who will pay for this’.

He was asked about what the outcome of the case means for his reputation.

He replied: ‘I’ve always been satisfied with my reputation.

‘Obviously, like yourself, we all have flaws in our character, but the jury made the decision and let’s accept the outcome, and I think let’s accept what the jury said.’

Adam Smyth, director of BBC Northern Ireland, expressed disappointment in the outcome.

Speaking to media outside court, Mr Smyth said: ‘We are disappointed by this verdict.

‘We believe we supplied extensive evidence to the court of the careful editorial processes and journalistic diligence applied to this programme, and to the accompanying online article. Moreover, it was accepted by the court and conceded by Gerry Adams’ legal team that the Spotlight broadcast and publication were of the highest public interest.

‘We didn’t want to come to court but it was important that we defend our journalism and we stand by that decision.

‘Our past is difficult terrain for any jury and we thank them for their diligence and careful consideration of the issues in this case.

‘The implications of their decision, though, are profound. As our legal team made clear, if the BBC’s case cannot be won under existing Irish defamation law, it is hard to see how anyone’s could, and they warned how today’s decision would hinder freedom of expression.

‘Of course, a case of this importance, duration and complexity involves significant expense. In common with other media organisations, the BBC has insurance and makes financial provision for ongoing and anticipated legal claims.’

Adams leaves the High Court in Dublin after winning his libel action against the BBC

Speaking outside court Adams insisted the case ‘was about putting manners on the BBC’

BBC director Adam Smyth (R) and BBC (spotlight) journalist Jennifer O’Leary (L) walk away after speaking to the media after losing the defamation case

He added they will take some time to consider the implications of the ruling.

Trial judge Mr Justice Alexander Owens sent the jury out to begin deliberations at 10.25am on Thursday morning, in the fifth week of proceedings.

The 12 members were also provided with exhibits in the case and the means to re-watch the programme.

At one stage in the deliberations, one of the jurors was released from the process due to other commitments, including a camogie match.

The remaining 11 members continued their consideration of the issues before delivering the verdict.

They were tasked with determining whether the words in the BBC spotlight programme and accompanying article, on which Mr Adams brought the complaint, mean that he sanctioned and approved the murder of Mr Donaldson.

Mr Owens said they were to consider whether it was ‘more likely than not’ that a ‘hypothetical reasonable reader’ would take that meaning from the words.

The BBC had argued that the jury should not find that this was the meaning of the words, instead saying the claim had been put forward as an allegation that was immediately followed by Mr Adams’ denial.

Having agreed with Mr Adams on that point, they then had to consider whether the broadcaster’s actions were fair and reasonable as well as whether it acted in good faith.

They determined that the BBC had not acted in such a manner.

They returned with their verdict on Friday after six hours and 49 minutes of deliberations in total.

Mr Owens told the jury that the BBC had put forward the position that Mr Adams had ‘no reputation at all’ and the broadcaster had argued to the jury that it should award only nominal damages, putting forward the option of just one euro.

Mr Adams’ team had argued that the defamation fell within the ‘very serious’ or ‘exceptional’ end of the scale – seeking at least €200,000.