Ian Bailey case over driving under influence of drugs adjourned to January

Ian Bailey has pleaded not guilty to four charges - possession of cannabis in his car, possession of cannabis at Bantry Garda Station, driving while cannabis was in his system, and allowing his car to be used for possession of cannabis. Picture: Collins Courts

A court case in which Ian Bailey is accused of charges including driving under the influence of drugs will not conclude until next year after the State requested more time to make legal submissions to the judge.

Mr Bailey, aged 63, and with an address at the Prairie, Liscaha, Schull, Co Cork, has pleaded not guilty to four charges — possession of cannabis in his car, possession of cannabis at Bantry Garda Station, driving while cannabis was in his system, and allowing his car to be used for possession of cannabis — at Skull, Schull on August 25 last year.

The hearing got under way on November 12 last and Mr Bailey's barrister, Emmet Boyle, raised a number of issues over how gardaí came to find the drugs, both on Mr Bailey in Bantry Garda Station and later in his car, as well as other aspects of the Garda investigation, including why the arresting garda retained Mr Bailey's car keys after his release on the night of his arrest, then took the car and parked it at the Garda station overnight before searching it the following morning.

Mr Boyle also raised a number of issues around Garda procedures and how they were followed, claiming the forming of opinion by Sgt Kevin Heffernan that Mr Bailey may have been driving under the influence of cannabis was "retrospective" and nothing in the earlier custody record of Garda risk assessment had outlined any reasons why that view could be formed.

Written submissions

Judge King had asked for written submissions regarding the initial search on Mr Bailey conducted at Bantry Garda Station, the formation of the opinion that Mr Bailey had been driving under the influence of drugs as per Section 13 (A) of the Act, the memo of interview after his release, and the subsequent search of his car after Garda Heffernan had retained the keys to the vehicle.

The matter returned to Bantry District Court on Thursday and Judge King heard that defence submissions had been filed.

Sgt Trish O'Sullivan said the State was requesting more time for their submissions and asked for an adjournment.

Judge King adjourned the matter to January 28, for mention regarding the State’s submissions in the case.