A High Court judge has ordered Gerry Adams to pay the legal costs of two pre-trial motions brought in the former Sinn Féin leader’s defamation action against the BBC over its reporting on the murder of Denis Donaldson.
The costs order, which was stayed, was made by Ms Justice Emily Egan, who earlier this month dismissed Mr Adams’ application to strike out parts of the BBC’s defence of his defamation action against the broadcaster.
The judge, in the second of the motions, also ruled that the BBC was entitled to the discovery of certain materials and documents from Mr Adams regarding his alleged relationship with the IRA, including documents evidencing his alleged membership of the IRA and the IRA’s army council.
The court further dismissed the BBC’s application for discovery of another category of material and documents, namely material he may have relating to comments he allegedly made during a 1987 press conference.
When issue regarding who should pay the costs of the motions returned before the judge, the BBC, represented by Ronan Kennedy SC, argued that it was entitled to its costs.
This counsel said was because the court had made a discovery order against Mr Adams in favour of the BBC and the broadcaster had been fully successful in its effort to prevent parts of its defence from being struck out.
Mr Adams, represented by Thomas Hogan SC, argued that the court should make the costs of both motions, ‘costs in cause’ meaning that the losing party in the full hearing would have to pay the costs.
In her ruling, the judge said that Mr Adams should pay both parties legal costs in respect of the two motions, which were heard over two days before the High Court last year. The BBC had been fully successful in the first motion, and the normal rule where the unsuccessful party should pay the legal costs should apply.
‘Outright refusal’
The judge added that Mr Adams should also pay the costs of the discovery application on grounds including that there had been an “outright refusal” by the plaintiff to provide the discovery sought at the voluntary stage.
The judge, however, agreed with Mr Hogan that a stay, pending the outcome of the action, should be placed on the costs order.
Mr Hogan said the BBC would not suffer any prejudice if a stay was granted as it is a well-resourced corporation, whereas his client is an individual who claims that his reputation has been damaged.
The BBC opposed the stay.
Discovery of the material is due to take place in the next weeks, the court also heard.
Mr Adams is suing the BBC over what he claims is the false allegation that he sanctioned the killing of former Sinn Féin official Denis Donaldson in 2006 who worked for decades as a spy for the British.
He claims he was defamed in a 2016 BBC “Spotlight” programme and in a follow-up article on the BBC website. Mr Adams denies claims that he had anything to do with Mr Donaldson’s death. The BBC denies defamation.