Court clears former Bailey friend

BAD blood allegedly existed between murder suspect Ian Bailey and a former friend who gave evidence in a libel trial against the English-born freelance journalist nearly two years ago, a district court heard yesterday.

A judge ruled yesterday that two-finger gestures made by defendant Billy Fuller towards Bailey, at a street market in Schull, Co Cork, earlier this year, was vulgar abuse but was at the lower scale of offences under the Public Order Act.

Bailey stated that he saw Fuller mouth “f**k off” twice as he made the V-sign gestures, but the defendant told Schull District Court that Bailey had looked at him with a “menacing” stare.

Dismissing a charge under Section 6 of the act of using words or engaging in threats likely to lead to a breach of the peace, Judge James McNulty said Fuller’s conduct had been rash, hasty and unwise and had constituted uncivil behaviour, but recklessness to cause a breach of the peace had not been proven in the prosecution’s case.

However, noting there was “a history” between the two men, the judge commented: “It might be necessary at some future date to hear an application to have one or other of these men bound over to the peace.”

Two years ago, Bailey failed in a libel action against several newspapers following their coverage of the Sophie Toscan du Plantier murder in West Cork in 1996.

At the time, Fuller, a witness on behalf of the newspaper groups, was barred from the circuit court for allegedly intimidating Bailey.

After yesterday’s hearing, Fuller, aged 34, said he was relieved that the public order charge was dismissed. “It’s a turn up for the books,” he said.

Bailey declined to comment after the hearing.

He told the judge that Fuller was about 15 yards away when he gesticulated towards him in the market at Meenvane.

Bailey also stated: “There have been other incidents in the past, one at a circuit court in Cork.”

Fuller, claiming there was bad blood, said he had been friendly with Mr Bailey until they fell out in January 1997. From that time on, he said, Bailey stared at him in a menacing way, which made him feel uncomfortable.

Answering Supt Liam Horgan, prosecuting, Fuller agreed the gesture was abusive but stated he would not do it again.

Judge McNulty said the gesture was not made in close proximity and there was no threat of fisticuffs between the pair.

The judge said he perceived Fuller to be an honest witness, as the defendant had acknowledged making a gesture.

The judge described the abuse as vulgar delivered by way of gesture, but said he was not satisfied that Fuller intended to cause a breach of the peace.

During the libel trial, Fuller testified he had called to Ian Bailey’s house in Schull in February 1997.

He alleged that Bailey had stated to him: “You did it, you killed Sophie, you did it, you saw her in Spar on Saturday, you saw her walking up the aisle with her tight arse.

“You fancied her. You went up to see what you could get. She ran away screaming.

“You chased her... You went too far, you had to finish her off.”

Fuller claimed he had responded: “Sounds like something you would say.”