The BBC had “multiple, authoritative, credible, confidential” sources corroborating information provided by an anonymous contributor to a documentary at the centre of a defamation action brought by Gerry Adams, lawyers for the broadcaster have told the High Court.
The former Sinn Féin leader claims the BBC Spotlight programme and related article, published in 2016, defamed him by falsely accusing him of sanctioning the Provisional IRA‘s killing of British agent Denis Donaldson in 2006. The BBC denies it defamed Mr Adams.
Mr Donaldson was shot dead at his cottage in Glenties, Co Donegal, on April 4th, 2006. Three years later, the dissident paramilitary group the Real IRA claimed responsibility for his death.
Giving evidence at the civil trial hearing into the action on Friday, John O’Loan, an Australian journalist who helped establish Sky News and other TV networks, said the BBC Spotlight programme relied on an uncorroborated, single anonymous source in publishing the “serious, criminal” allegation.
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Giving his evidence in chief, Mr O’Loan told Mr Adams‘s counsel Tom Hogan SC he considered the BBC‘s editorial guidelines when carrying out a review of the Spotlight programme and related article ahead of the trial hearing, compiled at the behest of Mr Adams‘s legal team. He said he was asked to be impartial and independent and to rely on his expertise.
Mr O’Loan, who was called to give evidence by Mr Adams‘s legal team, said the BBC did not meet the threshold for responsible journalism in its inclusion and presentation of the allegation made by the anonymous source, dubbed “Martin”, against Mr Adams.
He said the segment lacked sufficient editorial veracity to be published.
Eoin McCullough SC, for the BBC, put it to Mr O’Loan that the broadcaster wrote to Mr Adams’s solicitor after the programme aired, stating: “Martin was not the only source to give the programme team this information, the programme team received the information from multiple, authoritative, credible, confidential sources.”
Mr McCullough said the information was received from both republican and security sources.
Mr O’Loan agreed that he received the letter to review as part of his report, but said he could not immediately recall reading it. He later said he “believed” he had read the letter.
Mr O’Loan agreed he left the BBC‘s assertion about having multiple credible sources because he believed it was irrelevant. He said the assertion was “not credible”.
He said his concern in preparing the report was what the programme had conveyed.
Bruce Morrison, a former American congressman who worked on the Northern Ireland peace process during President Bill Clinton’s administration, gave evidence to the hearing remotely from Bethesda, Maryland.
Mr Morrison met Mr Adams during the 1990s. He said his greatest impression of Mr Adams was his political acumen and political commitments. He spoke about the Clinton administration’s contribution to the peace process, and meetings between Mr Adams and former US president.
Mr Morrison said he believed Mr Adams’s reputation presently is one of an elder statesman. He said Mr Adams is seen as someone who made an extraordinary contribution to change in Northern Ireland, from the time of the Troubles to living under the Belfast Agreement.
Under questioning from Paul Gallagher SC, for the BBC, Mr Morrison said Mr Adams had been denied visas to the United States because of the role of Sinn Féin and its relationship with the IRA.
Asked by Mr Gallagher if Mr Adams was denied visas for his perceived association with the IRA, Mr Morrison said he couldn’t speak to that, adding that it “takes only allegations” to deny someone a visa.
Mr Gallagher put it to Mr Morrison that during the Troubles the British and Irish governments expressed the view that Sinn Féin and the IRA were “inseparable”. Mr Morrison said some members of government expressed that view.
He said some viewed Sinn Féin as a product of the IRA.
The trial, before Mr Justice Alexander Owens, continues.
