RTÉ News: BBC journalist took 'utmost care' to corroborate Adams allegation, court told

Story from RTÉ News:

A BBC journalist has told the High Court she took the utmost care to corroborate an allegation against Gerry Adams which is at the centre of a defamation case taken by the former Sinn Féin president.

Jennifer O'Leary was being cross-examined by counsel for Mr Adams who says he was defamed in a 2016 Spotlight programme and a subsequent online article, which he says falsely claimed that he sanctioned the killing of former senior Sinn Féin official Denis Donaldson.

Mr Donaldson was shot dead in 2006, months after admitting being an informer for the police and MI5 over two decades.

Ms O’Leary told the court she had more than 60 meetings with multiple sources and had driven around the country "non-stop" to investigate the allegation made by a source named as "Martin" during the programme.

Yesterday, the jury was told by Ms O’Leary that the claim was corroborated by five other sources including republican and security contacts.

She also denied that statements from the Donaldson family accepting IRA denials of any involvement were removed from the final broadcast because they contradicted the allegation against Mr Adams.

Senior Counsel for Mr Adams, Thomas Hogan suggested to Ms O’Leary that the BBC in its defence was claiming it did not have to stand over the allegation. He asked: "Isn’t that the problem, you’re here to defend the journalism, not the truth of the allegation?"

Ms O’Leary replied that she was defending the allegation that was made by her source on the basis of five additional sources.

Mr Justice Alex Owens interjected to say the jury understands the defence of truth was not being run, it is the defence of reasonable journalism, so standing over the allegation was not proving the truth but proving it was reasonable journalism.

Mr Hogan put it to Ms O’Leary that the programme had presented an allegation against Mr Adams of the most serious kind, presented as fact rather than a suspicion. Ms O’Leary said she had taken the utmost care and responsibility and had more than 60 meetings with sources after her initial meeting with her main source 'Martin’.

She rejected a suggestion from Mr Hogan that ‘Martin’s’ comments were presented as fact rather than his opinion, as claimed by the BBC in its defence to the case.

Ms O’Leary said her script reflected that the BBC said it was his "belief", and any reasonable person watching the programme would know it was being presented as an allegation.

It was put to her that the source had not used the word "sanction" and that she had adopted that word which was then widely used in headlines and articles. Ms O’Leary said her notes from the very first meeting she had with her source recorded him as saying the word "sanctioned".

Mr Hogan referred to an earlier draft of the programme script and suggested that it would have been important to leave in a statement from the Donaldson family in which they accepted the IRA denial of any involvement.

Ms O’Leary said it was not unusual for scripts to include more detail at the draft stage. She also said it was taken out as a matter of editorial judgement because of "sensitivities", and because they were focusing on other aspects of the programme that she was investigating.

Judge Owens said it was being suggested by counsel that the statement had been "yanked out" of the script to beef up the allegation against Mr Adams. Ms O’Leary replied "no, that is not true, that is not true".

She said the Donaldson family had not engaged with the programme and their then solicitor had made it clear they did not want to.

Mr Hogan asked if she was really asking the jury to believe that she took out these statements out of respect for the family. She replied "yes".

He added: "And it’s a coincidence that they contradict your source?" Ms O’Leary replied: "I would not frame it that way."

She also rejected a suggestion from Mr Hogan that the only steps she took to verify the allegation against Mr Adams were steps to confirm it. Mr Hogan said there was no evidence of any efforts to disprove the claim.

Ms O’Leary asked what did he think she was doing between March and September in the multiple meetings she had with sources. She said she was not "sitting there like a robot" but was challenging what people were telling her.

Mr Hogan suggested the only evidence she gave was confirmatory. She replied: "That is what sources shared with me."

She said she "absolutely" rejected a suggestion that her sources were dubious and anonymous, as suggested by Mr Hogan. She said she had spoken to security sources on both sides of the border, including senior gardaí. She said she would not confirm if she had spoken to the lead Garda investigator into the Donaldson murder, as she was not going to get into identifying sources.

Earlier, Mr Hogan put it to Ms O’Leary that she had been at pains to point out she had no agenda but asked if she would accept that lots of people in Northern Ireland had agendas? Ms O’Leary said it was part of a journalist’s role to be aware of whatever position a person was telling you something from.

She said a central tenet of BBC journalism was impartiality and, "I would be out on my ear if anyone in the BBC at editorial level thought I had an agenda".

Mr Hogan said he was not suggesting she had an agenda but suggesting that in Northern Ireland, especially in matters concerning the troubles and politics, "everyone holds and agenda everyone has a firm position". Ms O’Leary said "people’s positions are based on their experiences".

Mr Hogan asked if she was familiar with Sir Paul Fox, formerly of the BBC, who he quoted as saying anti-Catholic prejudice was "deeply embedded" in the BBC during the troubles and that British viewers were not really told the truth about what was happening in Northern Ireland.

Ms O’Leary said she was not aware of that.

Ms O'Leary said she met with seven separate garda sources in relation to the story.

She did not disclose to gardaí the allegation about Mr Adams.

Asked why she did not ask investigating gardaí about the Gerry Adams allegation she said they made it clear they were focused on the "trigger men" in the Donaldson murder and not who may have sanctioned or ordered the killing.

Ms O'Leary said she was also being very careful with the information and the fact that she did not ask garda sources about it was not an indication that she had given up on trying to verify it.

She also said it was "outrageous" for counsel to suggest she had "led" some sources to say it was Mr Adams who sanctioned the killing.

"I am not in the business of doing that," she said.

Ms O’Leary said: "I have nothing to hide. I have sources to protect."

She also denied that she did not challenge her sources by returning to them with the name of a man was a suspect in the garda investigation into the Donaldson murder.

Ms O’Leary said she did not say a particular name but had put to her sources that dissidents were also suspected.

She also said this was also included in the programme as it was important for the viewers to have all the information.

Ms O’Leary said this allegation against Mr Adams was not a single source allegation.

"I went around the country and I spoke to reliable, credible people," she said.

Asked why she waited three months before following up with Mr Adams from the first right to reply offer, Ms O’Leary said Mr Adams was informed that they were working on the programme and could have come back to them at any time in those three months.

She had also informed the Sinn Féin press office that the programme had been delayed, she said adding that she would have welcomed an opportunity to interview Mr Adams and put the allegation to him.

Instead, Ms O’Leary said Mr Adams’ solicitor's reply arrived on the morning of the broadcast but was included in the programme.

Asked why the programme was not pulled when Mr Adams denial statement was sent on the morning of the broadcast Ms O’Leary said Mr Adams had not threatened legal action or asked for the programme not to go out.

Her cross examination continues tomorrow.