Bailey libel case 'not a court of inquiry', judge warns

“This is not a court of inquiry into the death of Sophie Toscan du Plantier”, Judge Patrick J Moran said at Cork Circuit Court today.

It followed a moment where Ian Bailey, the plaintiff in a libel action against seven newspapers, showed the strain of lengthy cross-examination.

He had been asked what he knew about a particular detail and he raised his voice when he responded: “I know I had nothing to do with this crime, that is what I know.”

Judge Moran then listened to the plaintiff’s barrister, James Duggan, who asked how far the defence was going to go in defending the defamation action.

He said it was never claimed by the defence that they would say that Mr Bailey committed the crime.

Judge Moran told defence senior counsel, Paul Gallagher: “You are taking on the mantle of a prosecution case and cross-examining the plaintiff as if he were an accused.

"He is not an accused, he is entitled to bring a claim for defamation. We have to be careful that this court does not become an inquiry into the murder of Ms du Plantier.”

He said the gardaí were the authority to investigate this matter and the outcome of their inquiries was known.

He said that everyone should bear this in mind, referring to the fact that nobody has been charged with the murder.

Mr Bailey said earlier today that he was hampered in his preparation for this case by the fact that he was unable to get back notes that he had made in many black hard-back journals from the gardaí.

“I feel I have been severely hampered in preparation of this case by the non production of documents," said Mr Bailey.

In cross examination Mr Gallagher reminded the plaintiff that he had said in earlier evidence that he had regarded the murder as a “window of opportunity” for him in terms of his journalistic career.

Mr Bailey responded by saying that he had never been short of stories and had been actively working as a journalist in the months prior to Ms du Plantier’s death on December 23, 1996.

Now in its fourth day this civil trial has seen Mr Bailey in the witness box since Monday afternoon.