Late Ian Bailey's appeal against drug-driving conviction successful

Ian Bailey was convicted at Bantry District Court on May 13, 2021, on possession of cannabis for his own use. File picture: Niall Carson/PA

The late Ian Bailey had a successful appeal against his drug-driving conviction at Cork Circuit Appeals Court on Tuesday.

The appeal by Mr Bailey, who died suddenly on January 21 at the age of 66, was called on Tuesday at the call-over of county cases at Cork Circuit Criminal Court. His case was one of a few additions to another circuit court list, namely that of Cork Circuit Appeals Court.

Registrar Gerardine O’Leary called the case: “DPP versus Ian Bailey.” 

There was a momentary pause before Judge Helen Boyle said: “We will just strike out the matter.” 

Striking out the appeal would have let the conviction and penalty stand in respect of the drug-driving conviction and the related conviction of possession of cannabis for one’s own use. 

The late Mr Bailey’s barrister, Alan O’Dwyer, asked if the matter could stand as he wished to discuss the matter briefly with State solicitor Jeremiah Healy.

In the event, it was not necessary for the appellant barrister to discuss the matter any further as Mr Healy for the prosecution said: “In the circumstances, maybe the appeal should be allowed.” 

Judge Boyle said: “Very good, allow the appeal.”

The appeal had been adjourned several times and the substantive court hearings for the case were heard in January and again in April 2023.

Mr Bailey was convicted at Bantry District Court on May 13, 2021, on possession of cannabis for his own use for which Judge John King fined him €300 and for drug driving his 03-registered Toyota Corolla, he fined him €400 and disqualified him from driving for one year.

While the allowing of an appeal is clearly academic in the circumstances, it means the late Mr Bailey does not have those convictions on record against his name.

Barrister Alan O’ Dwyer had argued at earlier hearings that the drug-driving conviction was based on traces of cannabis being found in a blood sample he gave at Bantry Garda Station on August 25, 2019, but  this blood sample was taken on foot of an oral fluid test which was not conducted properly.

Mr O’Dwyer argued the oral fluid test was not done lawfully in Mr Bailey’s case and everything that flowed from that was compromised and the State’s case against him fatally flawed.

The appeal was listed for Tuesday to give the State an opportunity to make further submissions in the case.

Now, that conviction for drug-driving, and the conviction for having cannabis for his own use, have effectively been dismissed on appeal.

Ian Bailey became a household name following the unsolved murder of Sophie Toscan du Plantier in Goleen, Co Cork, on December 23, 1996.