Belfast Telegraph

Ian Bailey denied retrial of case over 'Garda frame-up'

By Staff Reporter

Former journalist Ian Bailey has vowed to fight on despite being denied a full retrial in his civil case against the Irish State for their handling of a probe into the murder of a French filmmaker.

Mr Bailey (58) had tried to overturn a High Court ruling that dismissed his claim for damages against the Garda for allegedly conspiring to frame him for the murder of Sophie Toscan du Plantier in 1996.

Yesterday the Court of Appeal dismissed Mr Bailey's attempts to have his full civil case reheard.

However, the court did grant him a retrial in respect of one claim of alleged wrongful disclosure of information by the Garda in advance of defamation proceedings in 2003.

Mr Bailey said he still believed the Court of Appeal ruling was a victory, despite not being granted a full new hearing.

Mr Bailey was arrested twice over the killing of Ms Toscan du Plantier, but never charged. He has always strenuously denied any involvement.

He faces a multi-million euro legal-cost bill. A hearing to determine costs will take place in October.

Ms Toscan du Plantier was battered to death outside her holiday home near Schull in west Cork.

Mr Bailey initiated a civil action against the Garda Commissioner and the State.

A 64-day hearing got under way in November 2014 and the jury dismissed his case the following March. His legal team submitted 17 grounds of appeal, many of which relate to rulings by trial judge John Hedigan.

His lawyers argued that a key witness, Marie Farrell, was unfairly disparaged by the judge, who gave her a warning in front of the jury about perjury.

They said Mr Justice Hedigan should not have dismissed most of Mr Bailey's claims towards the end of the case after more than 60 days of a hearing.

The judge withdrew the bulk of the case from the jury after the State argued it had not been lodged within the legal time limit. A claim that certain gardai were involved in a conspiracy against him in relation to Ms Farrell was allowed to go to the jury.

But the jurors found against Mr Bailey.

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