Ian Bailey’s appeal against drug driving conviction adjourned after garda witness unable to attend

Ian Bailey outside court in Cork today. Photo: Michael Mac Sweeney/Cork Courts

January 26 2022 02:43 PM

---

Journalist Ian Bailey has had the appeal of his drug driving conviction adjourned until next October in order to allow for the presence in court of the member in charge of Bantry garda station on the day of the alleged offences.

At a sitting of Cork Circuit Appeals Court in the city today, State Solicitor for West Cork, Malachy Boohig said the member in charge was out sick today.

He told Judge Helen Boyle that Mr Bailey’s barrister Alan O’Dwyer had indicated the need for this witness to be present at the appeal hearing.

Mr Boohig said it was “rather unusual” for a member in charge to be called as that is usually “accepted evidence”. However, Mr O’Dwyer said there was more than one charge under appeal.

The appeal hearing will be heard in Clonakilty on October 6 next. Bailey was present in court for the calling over of the list. It is thought the case will take half a day.

In May 2021 at a hearing at Bantry District Court Bailey was disqualified from driving for one year and fined €700 after being convicted of drug driving following his arrest near Schull in West Cork nearly two years ago.

The 64-year-old had faced four charges arising out of his arrest on August 25, 2019.

Bailey, formerly of the Prairie, Lisscaha in Schull, had been charged with and pleaded not guilty to 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.

He was convicted of three charges with the dismissal of the charge of possession of cannabis in his car.

Bailey was found with a small tin of cannabis on his person following his arrest at a garda checkpoint in Schull shortly after 8pm on August 25, 2019.

He was arrested on suspicion of drink driving, having failed a roadside breath test, but he then passed the evidenzer test at Bantry garda station.

The court heard that Bailey had failed an oral fluid test and that blood samples taken by a doctor at Bantry garda station later tested positive for the presence of cannabis.

Bailey said the cannabis found on his person was for “personal use” and that a search of his car should not uncover any more of the drug.

However, gardaí said they found three other joints in the car after they searched the vehicle.

Barrister Emmet Boyle, defending, raised a number of issues in relation to the case. These included how gardaí came to uncover the cannabis both on the person of his client and in his car.

He also mentioned other aspects of the garda probe including, including why the arresting garda allegedly retained his client’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.

Insp Ian O’Callaghan, prosecuting, defended the garda procedures. He said the roadside procedures were “totally correct” and that once cannabis had been found on Bailey in the search an experienced officer had correctly formed the opinion that Bailey may have been driving under the influence of a drug.

He said it was “entirely logical” to deduce this and “the Sergeant’s opinion was proved correct”, referring to the results of the subsequent analysis.

Insp O’Callaghan said it was “standard practice” that prisoners be searched at a garda station. He said “at all times” the keys to Bailey’s car were in garda custody and that “it is the state’s view that all procedures were done correctly”.

The blood sample taken from Bailey showed a reading of 2.7ng/ml for D9 Tetrahydrocannabinol (cannabis) where the limit is 1ng/ml and 19.5ng/ml for 11-nor-9-carboxy-D9-tetrahydrocannabinol (cannabis) where the limit is 5ng/ml.

The drug seized was also confirmed as cannabis by the Forensic Science Laboratory.

In May of last year at Bantry District Court Judge John King dismissed the charge of possession of cannabis in Bailey’s car stating that gardaí had not observed the statutory requirements in detaining the car. However, he convicted Bailey on the other three charges.

Judge King said Bailey had been adequately informed regarding the search of his person at the garda station.

Barrister for Bailey, Emmet Boyle, said that the driving disqualification faced by his client would “weigh heavily on him” given that he lived in a rural setting.

He said Bailey’s earnings were of a “lower order” and told the court that his client was on social welfare.

Judge King convicted Bailey of drug-driving and fined him €400. On possession of cannabis he convicted him and fined him €300. Recognisance for an appeal was set at Bailey’s own bond of €200. An appeal was lodged.