VIDEO: Ian Bailey’s massive legal bill could run into millions
The transcript of the evidence of witness Marie Farrell is also to be referred to the DPP, Mr Justice John Hedigan, the judge presiding over the case indicated, after the jury had returned a verdict rejecting Mr Bailey’s allegation of conspiracy against named gardaí.
The jury of seven men and four women rejected Mr Bailey’s claims of conspiracy by some gardaí to implicate him in the murder of the French filmmaker whose battered body was found near her holiday home at Toomore, Schull, in the early hours of December 23, 1996.
Mr Justice Hedigan, on Day 64 of the legal action, said there had always been a shadow of Ms Toscan Du Plantier in the background of the case and her “tragic and senseless death”.
He said it was a source of dismay and anguish in both Ireland and France that her killer had not been brought to justice “A beloved mother, wife and daughter, I don’t want it thought that her life was forgotten here in the court,” the judge added.
Expressing his sincere condolences to her family, he said: “Ar dheis Dé go raibh a anam dílis.”
The jury had, after a deliberation of over two hours, returned at 4.10pm yesterday afternoon when the foreman told Mr Justice Hedigan they had reached a unanimous verdict.
The judge then read out the questions the jury had to consider. In their verdict, they answered no to both questions.
The questions were:
- Whether three gardaí — Det Garda Jim Fitzgerald, Det Garda Jim Slattery, and Garda Kevin Kelleher, or any combination of them — conspired to implicate Mr Bailey in the murder of Ms Toscan du Plantier by obtaining statements from Ms Farrell by threats, inducements or intimidation which purportedly identified him as the man she saw at Kealfadda Bridge in the early hours of December 23, 1996 when they knew they were false.
- The second was: Did Det Garda Fitzgerald and Sgt Maurice Walsh conspire by threats, inducements or intimidation to get statements from Ms Farrell that Mr Bailey had intimidated her, when they knew they were false?
Because they answered no to both questions, there was no need to consider a third question as to whether Mr Bailey suffered loss entitling him to damages.
The case heard from 93 witnesses, 21 called by Mr Bailey and 72 on behalf of the State. The case opened on November 4 when the jury were told it was expected to last six weeks, but it ran for 16 weeks and became the longest-running civil action of late in the Four Courts.
There was silence in the court as the judge read out the jury’s decision. Mr Bailey, sitting directly in front of the jury box and beside his partner Jules Thomas, closed his eyes, and took a deep breath as the decision was read out.
The verdict came shortly after the jury asked to again hear two recordings of conversations involving gardaí and Ms Farrell.
The jury began considering its verdict at noon on Monday and were brought back to court about 12.20pm when Mr Justice Hedigan clarified some matters arising from his charge earlier.
Mr Bailey, from the Prairie, Schull, in West Cork had sued the Garda Commissioner, Minister for Justice, and the Attorney General for damages.
Mr Bailey claimed damages, including exemplary damages, against the Garda Commissioner and State over the conduct of the investigation into the murder of Ms Toscan du Plantier.
The bulk of Mr Bailey’s claim was struck out in the closing stages of the case last week, a day after lawyers for the gardaí and State argued they had not been made within the six-year time limit required by law.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
