THE “damage had been done” when the BBC published an article which alleged that Gerry Adams had ordered the killing of an informant, the former Sinn Fein leader has told a libel trial.
Adams is suing the BBC over what he called a “grievous smear” in a broadcast in 2016 that alleged he had sanctioned the killing.
The cross-examination of Adams, 76, concluded on Thursday after seven days of evidence, as part of his defamation case against the broadcaster at the High Court in Dublin.
He claims a BBC Spotlight programme, and an accompanying online story, defamed him by alleging he sanctioned a killing for which he denies any involvement.
Former Sinn Fein official Denis Donaldson was shot dead in 2006, months after admitting his role as a police and MI5 agent for 20 years.
Adams’ legal team says his reputation as a “peacemaker” had suffered an “unjustified” attack because of the broadcast of the BBC programme, and the online article with the headline: "Gerry Adams ‘sanctioned Denis Donaldson killing’."
He said the allegation was made by an anonymous, unidentified person that “we don’t even know exists”.
On Thursday Adams continued taking questions from Paul Gallagher SC, barrister for the BBC, who said that the report containing the allegation was not the only article those accessing the broadcaster’s website would see.
Gallagher introduced other articles on the BBC website relating to the killing, including a statement by the Donaldson family that they did not believe the Provisional IRA was involved, which was published two days later, as well as reports published in subsequent years relating to arrests and charges over the murder.
However, Adams said “the horse had bolted” and the “damage had been done” as the programme had been broadcast and the article was put online.
While holding up a printed copy of the online article which contained the allegation that he had sanctioned the killing, he asked: “Did this remain on the website?”
Gallagher told him he was “well aware” the article did remain online, as it was the matter on which he had based his case.
Adams later added that he had checked the website that morning and the article remained online, adding that it “still says” he sanctioned the killing.
He said bringing up different articles about the Donaldson case was “somewhat subterfuge”, as the piece including the original accusation remained online, adding that the headline with the allegation that he had sanctioned the killing was what most people would read.
He added: “Why didn’t the BBC take this down?”
Adams further alleged that the BBC had not mentioned these other emerging details in its response to his solicitor.
Gallagher raised comments that Adams made in a radio interview the day after the broadcast, in which he said journalists were entitled to ask questions and he did not run away from them.
The former Sinn Fein leader replied that journalists have their work to do but there are “rules they have to obey”, adding: “Particularly when they’re a public broadcaster.”
The jury were shown a video which was embedded into the article, which shows Adams denying the central allegation.
In the video he says: “It’s a lie and I totally repudiate it and categorically and specifically deny it.”
He goes on to say that the allegation was made by an “anonymous self-professed agent of the British state” and asked: “Whose agenda does that serve?”
Gallagher put it to Adams that he had been offered the opportunity to make a statement to the programme in a pre-recorded interview or in a detailed statement.
The former Sinn Fein president said he had answered the question previously when he said he had referred the matter to his solicitors.
The BBC’s defence team raised several articles in which allegations of Adams’ membership of the IRA and its Army Council had been made by several people.
Gallagher put it to Adams that the reason he did not sue other publications over these allegations was because he was a member of those groups.
Judge Alexander Owens intervened before Adams could respond, and said it was not for the jury to decide whether he was a member of the IRA or Army Council.
Gallagher further raised an article written under the pseudonym Brownie, which has been acknowledged by Adams to be a nickname that he has used on occasion.
In the specific article under that name, Double Talk, the author says that they are a member of the IRA.
Adams denied that he wrote Double Talk when it was put to him by Gallagher that he was the author.
He said it was instead written by Richard McAuley, who was present in court, adding that a small group of people had formulated similar pieces.
Gallagher put it to him that the piece involves the author saying they had a wife and young child at the time, which McAuley did not but Adams did.
The barrister said the reason he had not sued other publications was because this article and other matters would be raised in court, but Adams maintained he did not write the piece.
He reiterated that he had not sued publications over those claims as he had been advised he would not get a fair hearing by his lawyers, and that Gallagher should call his solicitor to the witness box.
The BBC’s defence said this was seeking to “shift focus” and “deflect” from matters that made Adams uncomfortable.
Adams’ legal team declined an opportunity to re-examine him, Judge Owens posed his own questions.
Adams said that was not the case and that he was trying to “go beyond the politics of condemnation and deal with the politics of peacekeeping”.
Judge Owens also asked Adams to elaborate on comments he made relating to the Brighton hotel bombing, in which the Provisional IRA targeted then prime minister Margaret Thatcher and her Conservative cabinet in 1984.
Civilians were killed and injured in the attack.
Adams reiterated that he believed the IRA “were justified in principle” in an armed response to British occupation.
He said he had reservations about civilians being killed but he did think it was a “legitimate response by the IRA to what Margaret Thatcher was doing in our country”.
However, he said by “no stretch of the imagination was there ever unconditional support” for the IRA and that there were “things that were totally reprehensible and totally wrong”.
He said civilian casualties were the responsibility of anyone who put a bomb in a public place.
Asked if he believed if it would have helped the peace process if the IRA had killed the entire British cabinet, Adams said: “I don’t think it’s up to me to speculate on, it didn’t happen. But we did succeed in bringing about peace.”
He said there were efforts in Ireland over long periods of time by many different republicans and insurgents to kill British politicians, including the murder of Lord Cavendish in Dublin in 1882.
Asked for further reflections on the campaign of violence, 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 case continues.
