The BBC will claim that Gerry Adams was on the IRA army council and lied about not being in the organisation as part of its defence against defamation proceedings taken by the former Sinn Féin leader, the High Court has heard.
The broadcaster will argue that Mr Adams was a leading member of the IRA during its campaign of violence throughout the Troubles and had a history of not condemning the killing of informers.
Mr Adams claims the BBC defamed him when it broadcast allegations in a 2016 Spotlight programme that he had sanctioned the killing in 2006 of former Sinn Féin official Denis Donaldson, who worked for decades as a British spy.
He claims a follow-up article on the BBC website contained the same defamatory allegations. The allegations complained of were made by anonymous source, referred to as ‘Martin’ in the programme, who said he was also a paid agent for British state security services while a member of the IRA.
Mr Adams has at all times denied having any involvement in Mr Donaldson’s death, which dissident republicans claimed responsibility for in 2009. He says that all allegations made against him in connection with the death, or that the IRA had any involvement in it, were attempts to discredit republicans.
The BBC denies defamation and claims the programme/publication was put out in good faith and during discussion on a subject of public and vital interest. It constituted responsible journalism which was the result of careful investigation, it argues.
Alleged relationship
In a pretrial motion, the BBC seeks discovery from Mr Adams of materials and documents it claims are relevant to its defence. The material sought includes any documents or evidence Mr Adams has in his possession regarding his alleged relationship with the IRA, knowledge of the IRA’s treatment of informers and comments he allegedly made in a 1987 press conference that “everyone in west Belfast knows that the consequence of informing is death”.
Mr Adams opposes that application and says the motion should be dismissed.
Eoin McCullough SC, for the BBC, said the documentation sought is relevant to its defence and that the matters it published and broadcast were fair, reasonable and in the public interest. Counsel added that the materials have been sought to help his client prove that Mr Adams’ ‘public persona’ is such that the 2016 BBC article and broadcast did not damage his reputation.
Tom Hogan SC, instructed by Johnson Solicitors, for Mr Adams, said the material sought was vague and irrelevant in relation to what has been pleaded before the court.
‘Fishing expedition’
He said the BBC’s motion was “a fishing expedition” and an attempt to trawl through a large volume of material amassed by Mr Adams during his long political career.
He said there was a “complete disconnect” between what was being sought in discovery and what had been published.
Counsel said the BBC’s application was somewhat extraordinary given that it does not plead in its defence that the allegations complained of are the truth. It was, counsel added, an attempt to justify the alleged defamation.
In a separate pretrial motion, Mr Adams has asked the High Court to strike out certain aspects of the BBC’s defence against his defamation action. The BBC opposes that motion.
Following the conclusion of submissions on the motions Ms Justice Emily Egan reserved her decision.