The jury in Gerry Adams’s defamation action against the BBC is expected to begin its deliberations on Thursday morning.
Mr Justice Alexander Owens finished summarising the evidence for the seven men and five women of the jury on Wednesday evening. He previously told them at least nine of them must be in agreement in deciding the case.
The former Sinn Féin leader claims a BBC Spotlight programme and a related article published in 2016 defamed him by falsely accusing him of sanctioning the killing of British agent Denis Donaldson at a cottage in Glenties, Co Donegal, in 2006. He described the allegation as a “grievous smear”.
He insists he had no involvement in Mr Donaldson’s death. Dissident republicans claimed responsibility for the killing in 2009.
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The BBC denies it defamed Mr Adams.
On Wednesday, Mr Justice Owens said the jury must decide whether the words complained of by Mr Adams in the programme and article say he “gave the okay for”, or sanctioned, the murder of Mr Donaldson.
The BBC claims the words did not defame Mr Adams. It is the broadcaster‘s defence that the statements were couched as allegations.
The judge said the jury should decide this question based on how a “reasonable viewer” would interpret the words.
If the jury finds that the words mean Mr Adams sanctioned the murder, they must then consider the BBC’s defence of fair and reasonable publication. The onus of proof in this defence is on the BBC, the judge said.
Finally, if they reject this defence, the jury must consider the amount of damages to award Mr Adams as compensation for damage done to his reputation.
Mr Adams’s lawyers have argued he has the reputation of a “peacemaker” and of helping to end violence in Northern Ireland. The BBC has argued Mr Adams’s case is a “cynical attempt” to “launder” a reputation for being in the Provisional IRA and sitting on its decision-making body, known as the army council.
The judge noted that a person’s reputation can change over time. He said the jury should evaluate Mr Adams’s reputation from 2016 – the time of the broadcast – to now, if it awards damages.
He previously told the jury members they should only consider Mr Adams’s reputation in the Republic of Ireland.
He said the jury were not being asked what they think about Mr Adams or whether they approve of him.
“You decide what the evidence is in relation to his reputation,” the judge said.
