Barrister claims Gerry Adams did not take previous legal action because he was IRA member

High Court reporters

A barrister has put to Gerry Adams in the High Court that he was a member of the IRA and sat on its army council, and that is the reason why he did not previously take legal action over such allegations.

Mr Justice Alexander Owens intervened before Mr Adams responded to the allegation, made by Paul Gallagher SC on the second week of a civil trial hearing into the Sinn Féin leader’s defamation action against the BBC.

Mr Adams claims a BBC Spotlight programme and related article published in 2016 defamed him by falsely accusing him of sanctioning the 2006 killing of British agent Denis Donaldson. The BBC denies it defamed Mr Adams.

Mr Adams on Wednesday told the court he did not sue over allegations repeatedly made against him he was in the IRA and sat on its army council because he was advised by his solicitors he would not get a fair hearing.

On Thursday, Mr Gallagher, for the BBC, suggested this was not a reason he did not sue over the allegation – rather, he alleged, it was because he on IRA’s army council, and a member of the paramilitary group, and remained so until 2005. Mr Justice Owens interjected and blocked the question before Mr Adams responded.

Following a short break, Mr Gallagher put it to Mr Adams that he was the author of an article, published under the name “Brownie”, that stated: “Rightly or wrongly, I am an IRA volunteer.”

“I suggest those are your words,” Mr Gallagher said.

Mr Adams said he had not written the article. Mr Adams said it was written by Richard McAuley, who was part of a “collective” of men imprisoned in Long Kesh who wrote articles.

Mr Gallagher said it could not have been Mr McAuley because he was not married and didn’t have a son – the article’s author, Mr Gallagher pointed out, references having a spouse and son. Mr Gallagher put it to Mr Adams that he was addressing his wife and son in the article.

Mr Gallagher also put it to Mr Adams that at the time the subject material of Spotlight programme took place, there were continuing issues around IRA activity.

Counsel cited reports the IRA was behind the robbery of Northern Bank headquarters in Belfast December 2004, the killing of Robert McCartney by an IRA man in Belfast in January 2005, and an IRA statement offering to “shoot” the perpetrators of Mr McCartney’s murder.

Mr Adams said the killing of Mr McCartney was brutal and wrong, and said he was not aware of an IRA statement threatening to shoot those involved in the murder.

When Mr Gallagher quoted from what he said was the statement released by the IRA, Mr Adams said:

“Well I don’t accept that as a statement made by the IRA.”

Mr Gallagher said the statement was “another reminder, to use [Mr Adams’] words, that the IRA had not gone away”. At a rally in Belfast City Hall in 1995, in response to a heckler, Mr Adams said, “They [The IRA] haven’t gone away, you know.”

Mr Gallagher suggested it was “of considerable significance” that the “reputation” Mr Adams had as being involved in the IRA and its army council is an important part of the context of the Spotlight programme.

Mr Adams repeated his assertion that counsel was seeking to persuade the “good people” of the jury that he did not have a reputation, and therefore, the Spotlight programme can say what they want about, and he could have no redress.

Mr Gallagher also put it to Mr Adams that the BBC updated its website with other articles relating to Mr Donaldson’s killing. These articles included one reporting Mr Donaldson’s family statement that did not blame the IRA for Mr Donaldson’s killing, and another reporting that a man had been released without charge by gardaí investigating Mr Donaldson’s killing.

Mr Gallagher said the BBC “followed true”, and when information that implicated others in the murder of Mr Donaldson became available, viewers of the BBC website were updated on that information.

Mr Adams pointed out that the article he sued over, with the headline “Gerry Adams ‘sanctioned Denis Donaldson killing’”, is still live on the BBC website.

He added: “Sure the horse had bolted ... the programme had been broadcast.”

Mr Gallagher concluded his cross-examination of Mr Adams before lunchtime.

The trial continues.