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Wednesday, 9 February, 2000, 23:32 GMT
Claims withdrawn in libel trial

David Trimble: Named in controversial book.


Allegations by a journalist and film-maker that Ulster Unionist leader David Trimble knew who was behind a series of loyalist murders have been withdrawn during a London libel trial.

Mr Sean McPhilemy told the High Court jury in London he could not maintain the claim that Mr Trimble knew who was behind the killings because he had no evidence.

The author and documentary film-maker is bringing a libel action against The Sunday Times over the newspaper's allegations that a 1991 documentary he produced was a hoax.

"The Committee"was broadcast on Channel 4's "Dispatches" slot.

The newspaper denies libel and stands by its claim that the programme was "little more than a collage of unsubstantiated rumours and fabrications" based on lies told by Mr McPhilemy's main source, loyalist fanatic Jim Sands, who claimed to be a member of the committee.

The producer said he still believed Mr Trimble must have known what was going on.

And he said he was sure, in the light of evidence which emerged later, that Mr Trimble became aware of a high-powered murder conspiracy involving collusion by RUC officers and tried to cover it up.

Loyalist source

In his action, Mr McPhilemy, 52, claims his career was wrecked by the newspaper's attack on his Dispatches documentary, The Committee.

The newspaper claims the evidence used in the programme was based on lies told by Mr McPhilemy's main source, loyalist fanatic Jim Sands, who claimed to be a member of the committee.

The programme did not reveal the identities of the alleged members of the committee, but they were named later in a book by Mr McPhilemy in which he also accused David Trimble of complicity in the murders.

Mr McPhilemy left the witness box on Wednesday after more than seven days of detailed cross-examination by the newspaper's counsel, Andrew Caldecott QC.

Counsel summarised the defence case by accusing Mr McPhilemy of failing To disclose evidence to Channel 4's commissioning editors, which showed that Sands' uncorroborated testimony in the programme was unreliable and inaccurate.

Some of Mr Sands' statements indicated that he had been "coached" by the programme researcher, claimed Mr Caldecott.

Producer was 'cavalier' - lawyer

The lawyer argued that television viewers were deceived into believing that Sands was a credible witness and that his evidence was conclusive - there was no room for any doubt.

Mr Caldecott told Mr McPhilemy: "You have compounded these wrongs and revealed your cavalier approach to evidence by naming individuals in your book as murderers - and publishing their photographs - on wholly inadequate evidence and without showing any interest in hearing their defence to the charges."

Mr McPhilemy replied that he had already denied all the defence allegations during his many days in the witness box.

Mr Justice Eady and the jury went on to hear evidence from programme researcher Ben Hamilton who gathered the material and conducted the interviews on which the documentary was based.
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See also:
28 Jan 00 |  Northern Ireland
Bank executive 'chaired death squad '
12 Jun 99 |  UK
Trimble sues Amazon for libel
27 Jan 00 |  Northern Ireland
Trimble to testify in libel trial
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