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NEWS
4
Libel case
aimed at
silencing
me says
O’Doherty
TUESDAY JANUARY 9 2024
‘Scandalous, frivolous
Scathing judgment issued on Sinn Féin’s Gerry Kelly after attempt to sue writer
S
INN
Féin
attempt
MLA
to
Gerry
sue
journalist
a
for
Kelly’s
writer
and
claiming
he
shot a prison ofcer is to be
struck out.
A High Court judge held the libel
PAUL AINSWORTH
action brought against Malachi O’Do-
M
herty
ALACHI
O’Doherty
last
night he feels “angry” at
his
four-year
experience
Master
Evan
Bell
declared
that
the proceedings related to Mr Kelly’s
brought by Sinn Féin’s Gerry Kelly,
Maze Prison 40 years ago were un-
with the journalist saying the exten-
tenable.
by
a
libel
frivolous,
role during a mass escape from the
ruling
the
“scandalous,
action
sive
during
was
and vexatious”.
High
Court
judge
should mean broadcasters could be
The Sinn Féin politician was also
ordered to foot the legal bill.
more “supportive” of commentators
in future.
The Belfast Telegraph writer and
author
Prison
ofcer
John
Adams
was
shot in the head during the break-out
said
he
“certainly
by IRA inmates in 1983.
feel
Mr Kelly was later prosecuted but
harassed and intimidated by the li-
ultimately acquitted of the shooting.
bel
proceedings,
judge
He had previously been convicted on
said was a Slapp (Strategic Lawsuits
explosive charges related to the IRA
Against Public Participation) action.
bomb attack on the Old Bailey court
Speaking
on
which
did”
BBC
the
Radio
Ulster
bombing in London in 1973.
last night, Mr O’Doherty said he now
He
sued
hopes “it’s the end of it”, as Mr Kelly
over
can still appeal the ruling.
interviews
The
journalist
judge’s
ruling
comments
as
“almost
described
in
the
like
a
the
55-page
work
was going to go to so much trouble
It
Féin
was
me
lance
impenetrable,”
he
gravely
for
two
2019,
that
libel
radio
during
those
damaged
the
and
journalist,
over
a
free-
participant
in
Mr
In
his
ruling,
Master
held
books
immediately
it
was
a totally unviable case,” he said of
ens
or
has
lost
hundreds
his
of
people
moral
at
compass
risk,
as
he
places little value on human life because he is prepared to take risk with
their lives as collateral damage.”
It was pointed out that Mr Kelly did not le any afdavit expressing
regret
for
past
paramilitary
activities.
“In the absence of such a renunciation, a hypothetical right-thinking
reader would see the shooting of Mr
Adams
as
something
that
Mr
Kelly
might well have done in the support
of
his
political
and
military
objec-
tives,” the judge said.
“An incorrect allegation that he
had shot a prison ofcer in the head
would
ly’s
not
have
reputation
would
have
damaged
because
been
Mr
that
within
Kel-
action
the
range
for
Dr
O’Doherty
also
argued that the intention of the def-
that,
having
in
the
been
an
escape
active
amation proceedings was to frighten
outspoken
sive bystander, stood there, and did
critics
by
the
threat
of
Master Bell said: “On the balance
nothing at such a critical moment in
of
the execution of the plan.”
ceedings do bear the hallmarks of a
Kelly’s
cases struck out at an early stage.
thought
a
pation (Slapp).
that the description of events in the
“I
in
capital city, putting the lives of doz-
tegic Lawsuit Against Public Partici-
Bell
a
bombs
of
that Mr Kelly suddenly became a pas-
other public gures” and have such
demonstrated
is
standard
earlier, it was inherently improbable
autobiographies.
libel law to “intimidate journalists or
car
who
Ed-
about the Maze escape shooting.
contained
criminal
exploding
would
anyone
article
Dudley
material
in
of
the
consider
legal costs through the use of a Stra-
in
and
proof
to
that
“I
person
moments
to have the case struck out, citing
Parliament
guilty
view
Lawyers
another
as a Slapp case, and spoke of moves
European
the
added:
might have been willing to carry out
judge said.
clude
Ruth
take
he
right-thinking
in the pursuit of his objectives.”
also
Lawyers for Dr O’Doherty sought
the
Master Evan Bell
have
newspaper
a
of possible actions which Mr Kelly
“A court would, in my view, con-
against
harm,
that
Sinn
py the judge recognised the action
Dublin to legislate against the use of
I consider that a rightthinking person would
take the view that
anyone who is guilty to
the criminal standard
of proof of exploding
car bombs in a capital
city, putting the lives
of dozens or hundreds
of people at risk, has
lost his moral compass
as he places little value
on human life because
he is prepared to take
risk with their lives as
collateral damage
com-
character
proceedings
issued
wards,
Mr O’Doherty said he was hap-
claimed
Similar
been
much
August
representative’s
ward an argument which appears to
pretty
in
“
reputation.
to write 55 pages in this and put for-
said.
in
made
had shot the warder in the head.
ments
“I had no idea Master [Evan] Bell
O’Doherty
which the journalist alleged Mr Kelly
of
literature”.
Dr
comments
Dealing with the alleged reputational
Dr
O’Doherty
has
probabilities
therefore
the
pro-
successfully
SLAPP and have been initiated not
established a complete defence to a
for the genuine purposes of vindicat-
defamation action which is untena-
ing a reputation injured by defama-
ble, Master Bell concluded.
tory statements, but rather for the
“common
“Even if one accepts the submis-
design”, regardless of who red the
sion that Mr Kelly has not explicitly
shot.
admitted pulling the trigger, the con-
purpose of stiing the voices of his
troublesome critics.”
He
added
that
his
decision
to
receiving the initial solicitor’s letter
“It is clear from his statement, ‘It
tent of his books appears to make Mr
strike out the action “obviously has
back in 2019, saying he asked himself
galvanised them into action’ that he
Kelly civilly liable, on the balance of
implications
“is this serious?”.
did something, even if he does not
probabilities, for the shooting of Mr
defamation proceedings against Miss
tell the reader what that was,” the
Adams.”
Edwards”.
Asked if he felt intimidated and
for
Mr
Kelly’s
similar
harassed, as per the British –government’s description of Slapp actions,
he said: “I certainly did. I felt I was
being harassed because the case was
being dragged on unnecessarily.”
Speaking of the hefty legal costs
now faced by the North Belfast MLA,
Mr
O’Doherty
said:
“When
you’re
playing with defamation law, you’re
playing a game of poker with very
high stakes. That’s what Gerry Kelly
will
be
understanding
very
clearly
today.”
Had he been found to have com-
Nesbitt: Columnists need maximum
freedom to express reasonable opinion
A
N MLA and defamation law
bombing
campaigner
later elected as an MLA and sits on
of
the
spoken
importance
nalists
in
Gerry Kelly as “scandalous, frivolous
both his house, due to costs, and his
and vexatious”.
solely
against
UUP assembly member Mike Nesme,”
he
bitt, who also sists on the Policing
added of the case, despite his com-
Board,
spoke
ments being made on the BBC and
action
taken
U105 radio.
MLA
“It was for the purpose, according to the court, of silencing me.”
against
by
after
the
defamation
North
commentator
Belfast
Malachi
O’Doherty was thrown out of court
yesterday.
Mr O’Doherty added: “I feel an-
ceedings
an opportunity to write about this.
two
he
radio
after
Mr
O’Doherty
interviews
claimed
Mr
Kelly
during
shot
a
gave
which
prison
er broadcasters, when they see the
ofcer during the IRA’s 1983 H-Block
commentators they employ exposed
escape. Mr Kelly was found not guilty
in
at trial in 1987.
this
way
and
vulnerable,
they
might be a bit more supportive.”
recently
was
taking
Jon Boucher.
Mr
Kelly
Convicted for the 1973 Old Bailey
described
the
ship of the board.”
Kelly’s case amounted to a Strategic
Mr Nesbitt talked about the im-
Lawsuit Against Public Participation
portance of journalism to the north’s
(Slapp) – which are generally viewed
political system.
as attempts to silence journalists.
“Journalism has, I think a great-
A private members’ bill brought
er role to play in Northern Ireland,
by Mr Nesbitt and passed at the as-
High
Great Britain or event the Republic,
sembly in 2022, which later became
Court ruling as a “substantive judg-
because normally we don’t have an
the Defamation Act, modernised li-
ment” and said: “I will take time to
ofcial opposition, although we will
bel law in the north.
study it with my legal advisor.”
if Stormont comes back,” he said.
Mr Nesbitt said yesterday there
“And
we
don’t
have
remove
a
member
hold
people
to
ac-
“review
the
of
developments in the area”.
to
to
to
Department
of the Act but also to keep abreast of
a
Finance
the
journalists
for
Se-
on
anad or Lords, so really it falls on
allows
the
obligation
as a member of the Policing Board.
legislation
like
Mr Nesbitt said there is now an
second
reviewing
“The
chamber,
a
is no mechanism to remove Mr Kelly
minister
The Sinn Féin man launched pro-
gry. I’m a writer of books... I will have
“I think maybe the BBC and oth-
out
Board,
Kelly
appointment of PSNI chief constable
judge – said he was at risk of losing
was
Policing
Mr
described
proceedings taken by Sinn Féin MLA
“It
London,
part in the panel that oversaw the
the
“credibility as a journalist”.
judge
the
in
people
awarded
by
a
holding
jour-
to
costs
after
of
mitted libel, Mr O’Doherty – who was
indemnied
account
has
workings
of
count much more than those other
“So they are consulting on that
the board in certain circumstances,
jurisdictions where the other bodies
at the moment and Slapps are pretty
probably in and around bringing the
play a role.
much top of the list,” he said.
board into disrepute,” he said.
“But
of
course,
there’s
“To that extent people like Malno
minister.
“There is no statutory provision
to allow for some sort of read across
from
the
judgment
to
his
member-
Mr Nesbitt added that “Sinn Féin
achi O’Doherty need maximum free-
seem
dom to express reasonable opinion,
writs at the moment”.
which the judge seems to believe is
what happened in this case.”
In
his
ruling the judge said
particularly
at
issuing
“It should give people pause for
thought
Mr
adept
when
they
read
the
judg-
ment and the strength of language.”