Tuesday 25 July 2017

Ian Bailey's appeal against High Court claim dismissal unlikely to be heard before 2017

Ian Bailey took a civil action against the State alleging wrongful arrest
Ian Bailey took a civil action against the State alleging wrongful arrest

Ian Bailey's appeal against a High Court jury's dismissal of his claim that gardai conspired to frame him for the murder of Sophie Toscan du Plantier is unlikely to be heard before 2017.

Mr Bailey's appeal against the rejection of his case last March was mentioned to the Court of Appeal today when it was dealing with directions for future appeals.

The appeal was adjourned to next February when a date for hearing, expected to be sometime in 2017, may be fixed.

Mr Bailey has submitted more than 30 grounds of appeal, many of which are understood to relate to the conduct of the hearing by Mr Justice John Hedigan, including his decision shortly before the end of the 64 day case to withdraw most of it from the jury.

Lawyers for the Garda Commissioner and State  told Ms Justice Mary Finlay Geoghegan at the Court of Appeal they want clarification of some of the grounds advanced and Mr Bailey's side have been given until January 25th to provide that.

The case will come before the appeal court for further directions on February 5.

Mr Bailey's High Court civil action opened in November 2014 and concluded on March 30 last when the jury dismissed his claim gardai conspired to frame him for the murder of Ms du Plantier. The body of the French film maker was found near her holiday home at Toormore, Schull, on December 23, 1996.

On day 62, Mr Justice Hedigan granted the State's application to withdraw various other claims by Mr Bailey, including of wrongful arrest in 1997 and 1998, on grounds those were advanced outside the six year statutory limit for such claims.

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