Deliberations Begin in Bailey High Court Case

The jury is out in Ian Bailey's damages action against the State over claims gardai conspired to frame him for the murder of Sophie Toscan du Plantier.

The High Court case has been at hearing for nearly 5 months.

CONTINUE READING BELOW

The first question the jury has to decide whether members of the gardai conspired to obtain false statements implicating Ian Bailey in the murder of Sophie Toscan du Plantier.

This relates to the evidence of Schull shopkeeper Marie Farrell who said detectives convinced her to give statements placing the former journalist on a bridge near the crime scene, which she retracted many years later.

Ms Toscan du Plantier, a French film producer, was bludgeoned to death outside her holiday home in Schull, West Cork in December 1996.

The jury also has to decide if there was a garda conspiracy to obtain false statements from Marie Farrell that Ian Bailey had intimidated her.

Gardai vigorously deny the allegations and say Marie Farrell is an untruthful witness whose evidence should not be relied on.

If the jury answers yes to either or both questions, they must decide if Mr Bailey suffered damage and if so, how much money he is entitled to.

They can also award punitive damages against the defendants.

In his final directions, Mr Justice John Hedigan told the jury 'you hold the scales of justice in your hands'.

He said the onus is on Ian Bailey to prove his case against the Garda Commissioner and the State and that his claims rest squarely on the evidence of Marie Farrell.

The judge said it is for the jury to decide if she is a  credible witness as it is central to the case and that they must be fair and objective in their deliberations and keep their feet firmly on the ground.

He warned that 'David and Goliath' comparisons can be misleading. 

Goliath has just as much right to justice as little David' and stressed that there are real people on both sides.

Referring to the French film producer's killing, he told the jury they were not being asked to decide if Ian Bailey committed this dreadful crime.