Ian Bailey appeals against drug driving conviction postponed until October

The AN appeal brought by Ian Bailey against drug-driving charges has been adjourned until October next year.

The adjournment was made to allow station member Bantry Garda on the date of the alleged violation to appear in court.

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At the Cork Circuit Court of Appeals trial in today’s city, State Attorney for the West cork, Malachy Boohig said that the member in charge was sick today.

He told Judge Helen Boyle that Mr Bailey’s lawyer Alan O’Dwyer had indicated the need for the witness’s presence at the appeal hearing.

Mr Boohig said it was “somewhat unusual” for a member to be in charge because it was usually “acceptable evidence”. However, Mr O’Dwyer said there was more than one charge being appealed.

The appeal hearing will be held in Clonakilty on October 6. Mr. Bailey was in court to call through the list. It was assumed that the case would take half a day.

In May 2021 Bailey was stripped of his driving privileges for a year and fined 700€ after being found guilty of drug driving at a hearing in Bantry District Court after he was arrested near Schull in West Cork almost two years ago.

The 64-year-old has faced four charges that arose after his arrest on August 25, 2019.

Bailey, formerly of Prairie, Lisscaha of Schull in West Cork has been charged and pleaded not guilty to possession of marijuana in his vehicle, possession of marijuana at Bantry Garda station, driving while marijuana in his system, and authorized his vehicle to be used for marijuana possession.

He was convicted of three counts with acquittal of possession of marijuana in his car. He was also found with a small can of marijuana on him after being arrested at a Garda checkpoint in West Cork.

He was arrested on suspicion of drunk driving, failed to pass the roadside breath test, but later passed the driving test at Bantry Garda station.

The court heard that Bailey had failed to test his oral fluids and that blood samples taken by a doctor at Bantry Garda Station later tested positive for the presence of cannabis.

He was stopped at a checkpoint in Schull shortly after 8pm on August 25, 2019.

STOP CHECKPOINT

He told Gardai that the marijuana found on him was for “personal use” and that a search of his car would not uncover any more drugs.

However, Gardai said it found three other joints in the vehicle after searching the vehicle.

Emmet Boyle, Defense Attorney, raised a number of issues related to the case. These include how Gardai discovered marijuana both on his customer Mr. Bailey and in his car.

Attorney Junior also addressed other aspects of the garda investigation including why Garda’s captor is said to have withheld his client’s car keys after he was released the night of his arrest. arrested, then took the car and parked it at the garda station overnight before searching as it was in the morning.

Inspector Ian O’Callaghan, who is prosecuting, defends garda’s proceedings. He said roadside procedures were “absolutely correct” and that once marijuana was found on Bailey during the search, an experienced officer correctly formed the view that Mr Bailey may have been driving. car under the influence of drugs.

He said the inference was “completely reasonable” and that “Sergeant’s opinion has been proven correct,” referring to the results of subsequent analysis.

ANALYSIS OF cigarette vapors

He said it was “standard practice” that prisoners were searched at a Garda station.

He said “at all times” Mr. Bailey’s car keys were kept in the garden and “it is the state’s position that all formalities have been followed correctly.”

The blood sample taken from Mr. Bailey showed readings of 2.7ng/ml for D9 Tetrahydrocannabinol (cannabis) where the limit was 1ng/ml and 19.5ng/ml for 11-nor-9-carboxy-D9- tetrahydrocannabinol (cannabis) where the limit is 5ng/ml.

The drug seized was also identified by the Forensic Science Laboratory as marijuana.

In May last year, in Bantry County Court, Judge John King dismissed the charge of possession of marijuana in Mr Bailey’s vehicle when he said the vehicle’s owner had failed to comply with statutory requirements in detaining the vehicle. car. However, he convicted Mr. Bailey of three other counts.

Judge King said Mr Bailey had been fully informed of the search of his person at the garda station.

Attorney Emmet Boyle, said that having his client disqualified from driving would be “heavy on him” because he lives in the countryside.

He said Bailey’s income was “lower” and told the court his client was on welfare.

Judge King convicted Mr Bailey of drug driving and fined him €400. For possession of marijuana, he convicted him and fined him 300€.

Recognition for an appeal was set with a deposit of €200 by Mr. Bailey himself. An appeal has been filed.