Bailey appeal over drug driving conviction adjourned 

Counsel for the accused said his client may be unable to attend on October 22 and was granted liberty to adjourn further

On May 13 last, Bailey was convicted of drug driving and other offences, which he is appealing.

Ian Bailey’s appeal against a conviction for drug-driving may be heard later this month.

Mr Bailey's full appeal against his conviction was due to be heard before the Cork Circuit Appeals Court in Skibbereen today.

However, an application to adjourn it until later this month to Cork city, was granted by the court.

State solicitor Malachy Boohig asked Judge Eoin Garavan to fix October 22 next for the appeal, made by Bailey against the conviction handed down at Bantry District Court last May.

On May 13 last, Bailey was convicted of drug driving and other offences, all relating to being initially stopped at a Garda checkpoint near Schull on August 25, 2019.

The 64-year-old, with an address at the Prairie, Liscaha, Schull, had 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. 

Challenge

Judge John King had heard Garda evidence on November 12 last, as well as oral and legal submissions from Bailey's legal team challenging various aspects of Garda actions and procedures in the case.

At the hearing last May Judge King dismissed the charge of possession of cannabis in Bailey's car, stating that gardaí had not observed the statutory requirements and so the car had been illegally detained and any evidence arising out of the search of it should be excluded.

However, he convicted Bailey of drug driving and fined him €400, with six months to pay. On possession of cannabis he convicted him and fined him €300, with six months to pay, and took the remaining Section 19 charge into consideration.

The appeal was lodged and when the matter came before Judge Eoin Garavan in Skibbereen, Mr Boohig said the matter may take half a day.

Mr Bailey was not present in court and his senior counsel, Emmet Boyle, provided a medical report  and applied for liberty for a further adjournment in the event of a future non-appearance by his client.

Mr Boohig said: “It’s understandable.” The judge said the application from Mr Boyle was not applicable yet but said the possibility had been flagged to the court.

The matter will next come before the court, in Cork, on October 22 next.