Graham Atkins Solicitor: BBC to pay 'substantial' sum for story libelling Ukrainian president
News report on TV and online
claimed Petro Poroshenko had bribed Donald Trump’s lawyer.
The BBC has agreed to pay
substantial libel damages to Ukraine’s president, Petro Poroshenko, after
wrongly claiming he had been involved in making a secret $400,000 payment to
Donald Trump’s lawyer in return for access to the US president.
The original story said
intermediaries acting on behalf of the Ukrainian president had
paid Michael Cohen, then Trump’s lawyer, to ensure that Poroshenko
received a lengthy meeting – and not just a photo opportunity – during a visit
to the White House in June 2017.
The BBC claimed that a
representative of Poroshenko made contact with Cohen, who has since turned
on Trump, through a Jewish charity in New York and paid him to maximise
his time with the president. Cohen, who always denied the claims, was not registered
as a representative of Ukraine as by US law he would have been required to
lobby on the country’s behalf.
Poroshenko, who is facing
re-election this weekend and could lose to a comedian known for
portraying a Ukrainian president in a popular TV show, sued in the English
courts, saying the accusation was defamatory.
The BBC attempted to
claim that its journalism made a less serious allegation than that claimed by
Poroshenko’s lawyers.
However, after a judge at the
high court in London sided with the Ukrainian president’s interpretation of the
article, the BBC decided it could no longer defend its reporting. As a result
the broadcaster agreed to pay damages and issue a correction; it must also pay
the Ukrainian’s legal costs.
Poroshenko’s lawyer said he would
receive a “substantial sum by way of compensation”.
A BBC spokesperson said: “In our
News at Ten bulletin and in an online article published on 23 May 2018 we
incorrectly reported that Petro Poroshenko, the president of the Ukraine, had
procured or authorised a corrupt payment of $400,000 [about £306,000] to be
made to Michael Cohen, the personal lawyer of Donald Trump, to extend a
brief meeting between Mr Poroshenko and President Trump, that had already been
agreed, into wider talks.
“We believed that the
publications made a less serious allegation against Mr Poroshenko, but in the
light of a finding by the high court that the allegation was as set out above,
we are happy to accept that this allegation was untrue. We apologise to Mr Poroshenko
for any distress caused and have agreed to pay him damages, legal costs and
have participated in a joint statement in open court.”
The original story, by the BBC
world affairs correspondent Paul Wood, was attributed to “sources in Kiev close
to those involved” and a “high-ranking Ukrainian intelligence officer”. It was
also backed up by the prominent anti-Trump lawyer Michael Avenatti, who
represented Stormy Daniels and was recently charged with extortion on
unrelated matters.
The BBC article, which has been
deleted, also drew links between the meeting with the US president and
Ukraine’s decision to drop an investigation into Trump’s former campaign
manager Paul Manafort over his work for pro-Russian politicians. Manafort recently
began a four-year jail term.
Poroshenko’s lawyer, Graham
Atkins, said: “Mr Poroshenko did not authorise or procure any payment to Mr
Cohen of any kind, nor was any such payment ever made to Mr Cohen or any other
individuals for that purpose. Mr Poroshenko did not instruct close associates
to open up any back channel with Mr Trump in order to secure substantial talks
with him, far less did he do so through Mr Cohen.”
Atkins told the court that the
damage has been exacerbated by the BBC leaving the article online for so long.
“He believes that the resulting delay will inevitably have increased the damage
caused to his reputation by the publication of this allegation.” he said. Read
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