TV coverage of Liam Adams abuse allegations 'obnoxious', says judge
A High Court judge has described the content of a TV news programme detailing allegations of sexual abuse made against Liam Adams by his daughter as “objectionable and obnoxious”.
Mr Justice John Edwards said that the episode of the UTV magazine ‘Insight’, which was shown to the court as part of extradition proceedings against Mr Adams, was representative of the “enormous amount” of “completely objectionable” material on the matter in both the print and broadcast media.
However, he said it was “not impossible” that a Northern Irish court could structure something in the course of a trial to address the “very serious problem” that the material created.
Authorities in the North are seeking the rendition of Mr Adams (aged 55), who is a brother of Sinn Féin president Gerry Adams, to answer five charges of rape, seven charges of indecent assault and six charges of gross indecency against his daughter, Aine Tyrell (aged 38), who has waived her right to anonymity.
It is claimed the sexual offences occurred at various addresses in Belfast between March 1977 and March 1983 when the alleged victim was aged between four and 10 years old. It is alleged some of the offences occurred when Ms Tyrell's mother was out of the family's house.
Counsel for the respondent, Mr Michael O’Higgins SC, had submitted that Mr Adams would not receive a fair trial in Northern Ireland because of pre-trial publicity, which included excerpts from an interview with Gerry Adams broadcast as part of the news magazine ‘Insight’ on December 19, 2009.
He said that the programme portrayed his client as a “monster” and that it was “simple incredible” that every allegation was reported as absolute fact without the “slightest equivocation”.
Mr O’Higgins said that there also a danger that any potential jury would consist of people who hold Gerry Adams and the “political hue” from which he came in such high regard that they would be unlikely to forget comments made by him.
Ms Aileen Donnelly SC, for the State, argued that the trial court in Northern Ireland would consider all matters of pre-trial publicity and it was not “self-evident” that a trial would be stopped on this basis.
She said that as Gerry Adams had voiced his personal beliefs this would not be sufficient to stop the trial.
Ms Donnelly agreed with an observation made by Mr Justice Edwards that a Northern Irish court would argue they should be afforded the opportunity to assess the case in “calm waters” and put in place a regime to ensure Mr Adams would receive a fair trial or discharge him if this proved to be impossible.
On Wednesday, Mr O’Higgins SC had submitted that because of the delay in bringing the charges against Mr Adams and issues such as the composition of any potential jury to try the case and his political affiliations, he would not receive a fair trial in Northern Ireland.
He also contended that if Mr Adams were returned to the North it was likely that he would be denied bail and he would enter the prison service as a protected inmate locked up for as much as 23 hours a day.
Ms Donnelly said that it was also not “self-evident” that the trial in Northern Ireland would be stopped on the basis of the delay in bringing the matter to court, as cases concerning offences from thirty and forty years ago had been brought to trial.
She said that Mr Adams had failed to demonstrate that he would be denied bail if returned to the North or that his potential placement in 23 hour lock-up would breach his constitutional rights by subjecting him to inhuman and degrading treatment.
Ms Donnelly said that an affidavit from the Northern Ireland Prison Service confirmed that “everything possible” would be done to uphold the dignity of Mr Adams should he enter custody.
She said that counsel for Mr Adams had also failed to demonstrate that he would be treated less favourably because of his political affiliations in terms of his prosecution or punishment.
Mr Adams, with a last address at Bernagh Avenue in Belfast, turned himself into gardaí in Dublin in March 2010 after a European Arrest Warrant was issued by the PSNI. He denies all the charges against him.
Mr Justice Edwards said the extradition court would return judgement on the matter on September 28 next.
