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Journalist who won libel case against SF MLA Gerry Kelly was facing ‘financial ruin’

Malachi O’Doherty was worried he would be forced to sell his home

Today at 07:01

Top journalist Malachi O’Doherty maintains he doesn’t wish to see Sinn Fein politician Gerry Kelly suffer financial hardship over a hefty legal bill.

The author spoke of his real concerns for the politician’s position after a High Court Judge this week dismissed a libel case Kelly had taken against the veteran commentator.

However, he added: “But he did bring it upon himself!”

West Belfast-raised O’Doherty (71) also revealed that if the case had run its course and he had lost, he would have been financially ruined.

“It’s hard to have imagined any other outcome for me. I’m a freelance journalist. I don’t have big backers supporting me and I would have been finished.” said O’Doherty.

A recognised leading commentator on the Northern Ireland Troubles – whose abilities were acknowleged by Queen’s University which awarded him an Honorary Doctorate – recalled how his life had been put on hold as a result of the Sinn Fein man’s legal action.

“It is devastating when you receive a letter like that.” he said.

In the book ‘The Escape’ – a republican account of the 1983 IRA mass escape from the Maze Prison – Gerry Kelly is quoted as telling a Prison Officer: “Put your hands in the air. Get down on the floor or I will f***ing shoot you.”

Malachi O’Dohery is one of the best known journalists in Northern Ireland. He has written extensively on the Troubles and is a regular broadcaster on TV and radio.

Dr. O’Doherty’s said his recent legal difficulties began five years ago, after he alleged on BBC Radio Ulster and U105, that Gerry Kelly had shot a prison officer in the head during a mass breakout of IRA prisoners from the Maze Prison in 1983.

In a subsequent court case in 1987, the now MLA Kelly, was acquitted of shooting prison warder John Adams.

Kelly did not however pursue either of the broadcasters and instead going after Malachi O’Doherty personally.

This caused a number of observers to question whether the action was a Sinn Fein strategy to silence journalists.

But speaking to the Sunday World yesterday, Malachi O’Doherty described the relief he felt when High Court Judge Master Evan Bell, dismissed the libel case, describing it as, ‘scandalous, frivolous and vexatious.’

The highly experienced writer and broadcaster further described the outcome of the case as a victory for ‘opinion piece’ journalism.

He said: “Yes, it is a victory, because ‘opinion piece’ journalism is very strong in Northern Ireland. It is a very important part of the whole political discussion. And in some ways here, ‘opinion’ is the opposition.

“In Britain, they call the Press the Fourth Estate, but here, it is the second or third estate, precisely because we don’t have an opposition.”

And he added: “It is a victory because it has signalled to other journalists that there is a clear and strong mechanism for getting legal actions struck out, if there’s no substance to them.”

Lawyers for the Sinn Fein man claimed Malachi O’Doherty had gravely damaged the republican politician’s character and reputation.

And they further argued Dr. O’Doherty’s actions had called into question Mr. Kelly’s standing as a public representative.

But in a relentless 55 page demolition of the Kelly action, Master Bell described it as a so-called ‘SLAP’ case ‘Strategic Lawsuits Against Public Prosecution’.

And he dismissed it, leaving the Sinn Fein man with substantial legal costs..

Mr O’Doherty said he was still coming to terms with what happened in court. He said: “I was astonished by the judgment.

“When we were in court on December 7 — and it wasn’t the full trial hearing — there was no cross-examination of anyone and Gerry Kelly wasn’t even there, but our brief was given a very close examination.

“They were really drilled into the arguments they were making.

“It happened to such an extent that we came away from it not entirely sure which way it was going to go.

“But later, I went over my notes and I saw that the Master had said, ‘You just haven’t made it clear to me that Mr Kelly has a reputation’.

“Gerry Kelly’s people were making the case that he had a good reputation now, which he might not have had when he was in the IRA.

“They claimed he had this because he was someone who had brought the IRA to the Good Friday Agreement.

“And the Master said, ‘That is hardly a qualification for sainthood’. That was his precise words.”

Mr O’Doherty added: “The reality is that I was in danger of being wiped out, but Gerry Kelly brought this on himself.

“The big reassurance I had through the whole thing was to go back and look through the books and look at the letters and the statement of claim.

“I discussed it with others and came to the conclusion it was ridiculous.

“In the early days there was a temptation — because remember you are freaked out when you receive a legal letter like that — to offer a form or words to satisfy him and pay something towards his legal costs.

“But the more I thought about it, there wasn’t even anything for me to apologise for.

“There was nothing for me to latch onto to allow that possibility.

“I mean how could I stand up and say, ‘Gerry Kelly did not shoot John Adams’, when Gerry Kelly himself did not say that?”

“Really, I was stuck. I had to defend it.”

Last week, Sinn Féin moved to dismiss suggestions that the Kelly action was part of a party strategy to silence journalists after it emerged at least another six legal cases involving republican politicians are still pending.

First Minister designate Michelle O’Neill explained that party members defending their reputations in court were acting alone.

And Sinn Féin later said that it would not be paying the legal bills of party members who were taking out cases.