Seven newspapers launch defence in Bailey libel case

The seven newspapers accused of libelling English journalist Ian Bailey launched a full-blooded defence of the action today by producing diaries written by the plaintiff and telling him that he was in Cork Circuit Court to prove his innocence.

Senior Counsel Paul Gallagher said during a surgical cross-examination, “You are here to prove your innocence.”

“Am I here to prove my innocence,” Mr Bailey asked.

“That is what was described on the first day,” Mr Gallagher said, in reference to the plaintiff’s assertion he brought the case to restore his good name.

Repeatedly, Mr Gallagher asked him if he would describe three assaults by him on his partner, Jules Thomas, as animal-like and Mr Bailey said on each occasion that he would not.

Mr Gallagher then said, “Because that is the very description you used of yourself in your books or diaries, ‘I am an animal on two feet’.”

Mr Bailey said that what was written in the diaries or literary journals was creative or poetic and some of it was rubbish and some of it he was proud of in terms of its literary merit but he stressed over and over that it should not be read literally.

“I write in different styles. I wrote once, ‘I am a crow’. I write poetry. ‘I am a lion in a jungle’, ‘I am a monkey in a tree’ in the poetic sense. Is it wrong to do this?” Mr Bailey asked.

Following an assault by Mr Bailey on Ms Thomas, which was vividly described on Tuesday, Mr Gallagher SC referred to the following from one journal, seized by the gardaí seven years ago: “An act of whiskey-induced madness, an act of such awful violence. I severely damaged you and made you feel that death was near.”

Mr Bailey referred to the last line and said that if it was read to him and he had to guess who had written it he would say Dylan Thomas.

After some discussion on this point Judge Patrick J Moran adjourned for lunch and said, “I will take up this discussion of Dylan Thomas” in the afternoon.

Earlier, the plaintiff, who is suing Independent Star Ltd, Irish Mirror Group Ltd, Independent Newspapers Ltd, Independent Newspapers UK Ltd, Times Newspapers Ltd, Newsgroup Newspapers Ltd and Telegraph Group Ltd, responded to detailed questions of three assaults by him on Ms Thomas.

“A lot of people said to me the differences between domestic violence and that of murder are hugely different. The fact that I committed these with Jules does not mean I am a murderer,” he said.

Mr Gallagher asked, “Do you think the abuse Ms Thomas suffered exceeded the abuse you suffered after reading the articles about which you complain?”

“That is different, physical. There is no excuse for my behaviour. I am ashamed. What has gone on since I became the quotes, prime suspect, in this matter, the amount of psychological damage we have suffered far surpasses,” Mr Bailey said.

Mr Gallagher interrupted, “It far surpasses the abuse she (Ms Thomas) suffered at your hands.”

Mr Bailey referred again to the murder of Sophie Toscan du Plantier on a remote lane near her home in West Cork on December 23, 1996. “To be linked to this crime, and it is still going on, it is not over, it is beyond being able to stand.”