Gerry Kelly's catastrophic libel failure 'a victory for the victims of the IRA' says DUP deputy leader Gavin Robinson

That is the view of DUP deputy leader Gavin Robinson after judge Master Bell rubbished both Mr Kelly's legal case and his reputation in a stark judgement handed down in Belfast's High Court on Monday.

The North Belfast Sinn Fein MLA and convicted bomber had claimed that by repeating the widely-known and long-standing claim that he had shot a prison warden in the head during his escape from the Maze, journalist Malachi O'Doherty (a long-standing anti-IRA voice in the Irish media) had "gravely damaged" his reputation.

Not only did the judge throw this claim out, but he went on to say that, based on Mr Kelly's past IRA crimes, "a right-thinking person would therefore have to conclude on the basis of that evidence that Mr Kelly’s convictions for these offences resulted in him having a bad reputation and that, despite his political service, his reputation was still bad".

The judge also added that "on the balance of probabilities therefore the proceedings do bear the hallmarks of a SLAPP" – a so-called Strategic Lawsuit Against Public Participation, designed to silence legitimate criticism.

Reacting to the outcome of the case East Belfast MP Mr Robinson (a barrister by background) said: "Sinn Fein is the wealthiest party in either Northern Ireland or the Republic.

"They should not be able to use financial muscle to finance lawfare in order to silence critics."The use of what are known as SLAPPs are effectively a form of legal harassment used by powerful people to intimidate and scare-off criticism.

"The verdict from the court is not just a significant victory for free speech and for journalism, but also for the victims of PIRA terrorism.

"They must know that history will not be rewritten through the courts."

The judge quoted an extract from one of Mr Kelly's own books, describing the confrontation with John Adams, the guard who was shot in the head.

It had been written in such a way as to make it unclear whether Mr Kelly or fellow IRA man Bobby Storey had been the one to shoot Mr Adams during a struggle to gain control of a door.

The judge emphasised the "common design" of the two men's actions, stating that "having been an active participant in the escape moments earlier, it was inherently improbable that Mr Kelly suddenly became a passive bystander, stood there, and did nothing at such a critical moment in the execution of the plan".

Not only that, but he concluded that "the content of his books appears to make Mr Kelly civilly liable, on the balance of probabilities, for the shooting of Mr Adams".