Bailey case against State may run until Christmas
Mr Justice John Hedigan was told the action in front of a jury could last longer than the six weeks originally estimated.
Mr Bailey’s side are to call at least 12 more witnesses while the State expects to call about 20. The cross-examination of the journalist will continue in the Fourt Courts on Tuesday.
Yesterday, State counsel Luán Ó Braonáin SC said Supt Dermot Dwyer would deny Mr Bailey’s claims Supt Dwyer had asked Mr Bailey about playing poker, told him he would place him at Kealfadda Bridge, and also told him “the saddest thing” was Mr Bailey had done the murder and just did not remember it. Mr Bailey said Supt Dwyer had said those things.
Mr Bailey agreed that he signed the Garda notes of interviews, including one recording him as saying he had not heard the 2pm news on December 23, 1996, when it was stated the dead woman was French. That note was incorrect because he had heard the news, he said.
Mr Ó Braonáin suggested he “wouldn’t need to worry” about that note if it was correct a journalist told him earlier on December 23 the victim was French. “But if he didn’t, the question of whether or not you heard the broadcast becomes relevant,” counsel said.
Mr Bailey said his recollection was the journalist had said “probably French” and he and Ms Thomas waited and heard the 2pm news which confirmed she was a French national.
The interview notes also recorded Mr Bailey told gardaí he at one point stopped his car, in which he and his partner Jules Thomas were travelling home on the night of Sunday, December 22, and the moon was “shining”. The note stated he had said: “I had a premonition something was going to happen.”
Two days after he was released by gardaí, Mr Bailey agreed he gave interviews in his home to Senan Molony of The Star newspaper and John Kierans of The Irish Mirror. Both papers labelled the interviews “exclusives” but he had not told them they were, he said.
An interview Mr Bailey gave, under the name Eoin Bailey, to Pat Kenny on RTÉ Radio One, following his release after his arrest, was played to the jury. During that, Mr Bailey denied any involvement in the murder.
The interview also noted the normal practice under which a detained suspect is not named unless charged was not adhered to in his case as he had been named in the media after his arrest.
In an interview with Pat Kenny, also played in court, Ms Thomas, who had also been arrested, described the whole experience as “horrific” and said she knew Mr Bailey had not committed the murder.
Ian Bailey has said gardaí told him during questioning in connection with the murder of Sophie Toscan du Plantier “if you think an Englishman is going to come over here and get away with this, you are wrong”.
The journalist also told the High Court yesterday when he was given a black and tan shirt as a replacement for clothing sought by gardaí, he regarded it as a “coded message” because he is English.
When counsel for the State Luán Ó Braonáin SC put it to Mr Bailey gardaí never said anything to him about being English and never said he need not think an Englisman could come over here and get away with this, Mr Bailey said that had happened.
There was “very strong, complete xenophobia”, he added.
The journalist was being cross-examined on the eighth day of his damages action against the State for alleged wrongful arrest in connection with the murder of the Frenchwoman in West Cork in December 1996.
He has sued the Garda Commissioner and State over the garda investigation into the murder of Ms Toscan du Plantier. Her body was found near Toormore, Schull, on the morning of December 23, 1996.
The defendants deny all claims, including of wrongful arrest, false imprisonment and conspiracy.
When counsel noted gardaí asked Mr Bailey during an interview about reports he was seen out at night on one occasion with “nothing on but jocks and a hat” and “shouting and singing”, Mr Bailey told the hearing he had “a reputation of being eccentric” but could not understand why people would say those things.
He denied suggestions part of him enjoyed giving interviews to the media two days after being released following his arrest on February 10, 1997, in connection with the murder. He denied he “fuelled” publicity surrounding his arrest.
Mr Bailey said he believed staying silent would achieve nothing and that he was “stating my innocence and putting the record straight.”
Yesterday, asked about events during his arrest and questioning over 12 hours at Bandon Garda Station on February 10, 1997, Mr Bailey agreed he was asked did he want a solicitor and, when he said he did, a solicitor came and they had a consultation.
He also agreed he had been checked on by the duty sergeant on a number of occasions, was provided with tea, food and cigarettes and had a number of breaks between interviews carried out during his 12-hour detention.
When counsel put to him he had said he was given a “very fine” replacement jacket, to wear, he said he was “probably being sarcastic”.
Mr Ó Braonáin put to him his interviews with gardaí ranged over several matters.
In one interview, he was noted as saying he saw Ms Toscan du Plantier once and his recollection was “she was plain.”
The notes of the interviews also recorded he repeatedly denied he had anything to do with the murder.
Counsel suggested he had given a false impression the interviews were hostile and put to him that gardaí were entitled to adopt different tones when questioning a person arrested on suspicion of murder. Mr Bailey replied the tone was not reflected in the Garda notes.
He was arrested on “false premises” and there was “a conspiracy.” “I was just told ‘you did it’, tell the truth.”
The case resumes on Tuesday.
