A HIGH COURT judge has ordered Gerry Adams to pay the legal costs of two pre-trial motions brought in the former Sinn Fein leader’s defamation action against the BBC over its reporting of the murder of Denis Donaldson.

The costs order, which was stayed, was made by Justice Emily Egan today.

Earlier this month the judge dismissed Adam’s application to strike out parts of the BBC’s defence against 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 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 in 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 Adams in favour of the BBC and that the broadcaster had been fully successful in its bid to prevent parts of its defence from being struck out.

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 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.

The judge added that 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 Hogan that a stay, pending the outcome of the action, should be placed on the costs order.

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.

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.

Adams denies claims that he had anything to do with Mr Donaldson’s death. The BBC denies defamation.

‘Something for the jury’

Adams had sought an order striking out the BBC’s defences under Section 18, which concerns the defence of qualified privilege, and Section 26, namely that the article was a fair and reasonable publication concerning a matter of public interest, of the 2009 Defamation Act.

In her judgement Justice Egan said that the arguments raised in the motion seeking to remove the sections of the defence were “complex,” but said they should be explored at the full trial of the action.

They were “something for the jury” at the full hearing, and “not this court” to decide on, she said dismissing the motion.

In its motion the BBC sought the discovery of certain documents and materials from Adams, which it argues are relevant to its defence of his claims.

These include any documents, recordings or materials Adams has in his possession regarding his relationship and association with the IRA.

The BBC also sought discovery of any evidence, knowledge, or recordings he has regarding his alleged knowledge of the treatment of those who informed on the IRA.

It further seeks materials, including recordings, concerning a press conference given by Adams in 1987 where he said that “Everyone in West Belfast knows that the consequence of informing on the IRA is death.”

Adams opposed the discovery application.

Justice Egan said the BBC was entitled to discovery of material regarding Adam’s alleged membership of the IRA and its army council after holding that they were relevant to the broadcaster’s defence.

It was accepted that the number of documents involved in this category are few in number.

The judge dismissed the application regarding material related to the 1987 press conference because that material’s relevance was “less apparent”.

It was not proportional to make an order against Adams in relation to this category of documents, the judge said.

Adams claims his reputation was damaged over what he says is the false allegation made by an anonymous source on the programme, that he sanctioned the killing of Donaldson.

Donaldson, who worked for Sinn Féin in Stormont, but had spied for M15 for two decades, was shot dead in Co Donegal in April 2006.

The source, referred to as “Martin” in the programme, said he (Martin) was also a paid agent for British State security services, including MI5, while a member of the IRA.

The BBC denies defaming Adams and claims the programme/publication was put out in good faith and during discussion on a subject of public and vital interest.

It constituted responsible journalism, which was the result of careful investigation, it argues.

As part of its defence the BBC claims Adams was a leading member of the IRA, on its Army Council and lied about being in the IRA.

It also claims that Adams was a leading member of the IRA during its campaign of violence throughout the Troubles and had a history of not condemning the killing of informers.