Ian Bailey case delayed until Thursday due to legal issues

Jury should be sent out by next week in case that heard from some 90 witnesses

Ian Bailey’s civil action for damages over the conduct of the Garda investigation into the murder of Sophie Toscan du Plantier opened last November and evidence concluded earlier this month after 59 days. Photograph: Courts Collins
Ian Bailey’s civil action for damages over the conduct of the Garda investigation into the murder of Sophie Toscan du Plantier opened last November and evidence concluded earlier this month after 59 days. Photograph: Courts Collins

The jury hearing Ian Bailey’s civil action for damages over the conduct of the Garda investigation into the murder of Sophie Toscan du Plantier are due back in court on Thursday after legal issues in the case are addressed.

The case opened last November and evidence concluded earlier this month after 59 days. Evidence was heard from some 90 witnesses, of whom about 70 were called by the State.

The case was then adjourned for a week due to commitments of various jurors and resumed on its 60th day on Tuesday when the jury were told by Mr Justice John Hedigan it had not proved possible to resolve a range of legal issues between the sides.

In those circumstances, the judge said the court would have to address the legal matters and the jury would not be required while decisions were made on the various legal issues.

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Closing speeches would certainly start on Thursday morning, he said. Mr Bailey’s side will make their closing arguments first. That will be followed by closing arguments from the State after which Mr Justice Hedigan will charge the jury.

The jury may not be sent out to consider their verdict until late this week or early next week.

The action, brought against the Garda Commissioner and State, arises from the investigation into the murder of Ms Toscan du Plantier, whose body was found near her holiday home at Toormore, Schull, on December 23rd 1996.

The defendants deny all of Mr Bailey’s claims, including wrongful arrest, false imprisonment and conspiracy to manufacture evidence. His claim for damages includes exemplary damages.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times