Bailey defamation trial opens in Cork
The defamation trial taken by a man who was once described as a suspect in the murder of Sophie Toscan du Plantier opened at Cork Circuit Court today.
The director of public prosecutions applied today to have evidence from gardaí investigating the murder of Ms du Plantier excluded from the civil trial.
The defence strenuously objected to this application. For the DPP, Donal McCarthy, barrister, said that the State was concerned that if 10-12 of the garda witnesses were called it might prejudice a future criminal prosecution, if one were undertaken.
"The State's concern is that a proper and fair prosecution could well be prejudiced if evidence given by these officers was revealed in evidence (in this civil case)," he said.
James Duggan, BL, for Mr Bailey, referred to the horrific murder of Ms du Plantier and said that he did not want the evidence of the gardaí to go into this civil trial.
"They (the defendant newspapers) are now going to use material of which they could not have known at the time to justify their handiwork in defaming my client," he said.
Paul Gallagher, senior counsel for the defence, said: "What is sought is a freezing order that goes beyond the bounds of the Constitution."
He insisted that the evidence of the gardaí should be admitted. Mr Gallagher said the defence would say that Mr Bailey was the main and only suspect for this murder when these articles were published.
He said the defence would claim Mr Bailey was and is a very violent man.
And thirdly the defence would claim that Mr Bailey courted publicity concerning this murder.
Judge Patrick J Moran ruled against the application by the State and said he would hear the garda witnesses.
Judge Moran has set aside the entire week to hear the actions. Special press facilities have been put in place at the courthouse at Camden Quay to cater for the intense interest in the case.
Ian Bailey is taking the actions arising out of the coverage of the murder of Ms du Plantier murder on December 23, 1996.
Ian Bailey of the Prairie, Schull, Co Cork, is suing the following newspapers: Independent Star Ltd, Irish Mirror Group Ltd, Independent Newspapers Ltd, Independent Newspapers UK Ltd, Times Newspapers Ltd, Newsgroup Newspapers Ltd and Telegraph Group Ltd.
In each action before Cork Circuit Court, €38,000 is claimed against the defendant company for damages.
