Gerry Adams case: Spotlight programme ‘probably’ wouldn’t breach UK broadcasting regulations, court told

High Court Reporters

An expert witness has said a BBC programme at the centre of Gerry Adams’ defamation action against the broadcaster “probably” would not have breached British broadcasting regulations.

Independent media consultant Christopher Banatvala was giving evidence at the High Court on the fourth week of a civil trial hearing into the former Sinn Féin leader’s action.

Mr Adams claims the Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning British agent Denis Donaldson’s killing at a cottage in Glenties, Co Donegal in 2006.

The BBC denies it defamed Mr Adams, who insists he had no involvement in the death, which dissident republicans claimed responsibility for in 2009.

Mr Banatvala, who was called as a witness by the BBC on Tuesday, formerly worked for Ofcom, the statutory regulator of the broadcasting industry in the UK. He told the court he was responsible for drafting the regulator’s code of standards for broadcasters.

Mr Banatvala, who prepared a report on the Spotlight programme at the behest of the BBC’s legal team, told the court he believed the programme would “probably” not be found to be in breach of Ofcom’s broadcasting code, and not be found to be unjust or unfair to Mr Adams.

Mr Banatvala said he reached his conclusion on the balance of several factors, including the significant public interest in the programme, information already in the public domain about Mr Adams, the fact the BBC reasonably believed its primary source for the allegation to be credible and reliable, the BBC’s corroboration of the allegation, the fact the claims were “couched” in of an allegation, and the timely opportunity afforded to Mr Adams to respond to the allegation.

Mr Banatvala agreed with Eoin McCullough SC, for the BBC, that the programme – and specifically the allegation against Mr Adams – was of a high public interest.

He said this was the case as the allegation concerned an elected politician, and an allegation of serious misconduct − allegedly sanctioning the murder of an informant − at a time in the political environment when the IRA was on ceasefire, and when political progress had moved towards peace.

“You couldn’t get a more serious allegation or something of greater interest to the public,” he said.

Under cross-examination, Mr Banatvala told Mr Adams’ counsel Tom Hogan SC it was his view the BBC framed the claim against his client as an allegation, and the BBC was not saying Mr Adams sanctioned the murder of Mr Donaldson.

When Mr Hogan put to Mr Banatvala his suggestion that the programme portrays the allegation as fact, the witness said: “I would respectfully disagree.”

It is Mr Adams’ side’s case that their client’s reputation as a “peacemaker” was the subject of an “unjustified attack” in the BBC Spotlight programme and related article. His lawyers claim the BBC’s publication of the allegation was “reckless journalism”.

Lawyers for the BBC say the programme and related article was the product of a “proper piece of investigative journalism”, and as such, the broadcaster is entitled to rely on a defence of fair and reasonable publication in the public interest.

The trial, before Mr Justice Alexander Owens, continues, with evidence expected to conclude on Wednesday.