High Court hears Bailey 'not under surveillance'

Written By Unknown on Selasa, 13 Januari 2015 | 22.40

A senior garda has told the High Court that Ian Bailey has not been under formal surveillance by gardaí in recent years.

However, the court was told that Mr Bailey remains a person of interest in the case because the facts have not changed.

Chief Superintendent Tom Hayes has resumed giving evidence in Mr Bailey's case against gardaí and the State for wrongful arrest.

Earlier in the case, retired garda John Wilson said he believed the garda PULSE recording system showed an unacceptable level of surveillance of Mr Bailey, which was normally reserved for active criminals.

However, Chief Supt Tom Hayes told the court today that he could "state categorically that Mr Bailey was not under any surveillance or formal surveillance".

He said any intelligence created on the PULSE system was merely a recording of an incident or a sighting of Mr Bailey by gardaí.

Chief Supt Hayes said it would not amount to formal surveillance, which would be a formal process overseen by an inspector or superintendent.

In many instances, he said, the PULSE system was simply recording Mr Bailey signing-on as part of his bail conditions when a European Arrest Warrant was in place.

The witness also said the investigation into the murder of Sophie Toscan Du Plantier remains open and that no one on the current team was part of the original team.

Chief Supt Hayes said inquiries are continuing and information is continuing to emerge, which gardaí are examining in relation to other suspects and other information.

He said there were originally 54 suspects in the murder case.

In cross-examination, he agreed that the nomination of someone as a suspect or "person of interest" did not require a very high threshold.

He said Mr Bailey remains a person of interest in the case because the facts have not changed, apart from Marie Farrell's withdrawal of statements.

Suspicion of Mr Bailey had in fact been "amplified somewhat because of the fact that he says he was missing from his house for some hours on the night of the murder" but his explanation, although confirmed by his partner, cannot be corroborated.

Earlier, Chief Supt Hayes confirmed that a number of fines for motoring offences against Ms Farrell's husband Chris had not been paid.

He said that on inspection of the files, he could identify five summonses for fines relating to convictions for offence, such as driving without insurance and non-display of tax, which had been returned to the district court for reissuing had not in fact been reissued.

Ms Farrell has previously told the case that she continued to cooperate with gardaí investigating the murder in return for favours.

Chief Superintendent Hayes said the fines not re-issued totalled €698.

He said the reason stated by the district court for not re-issuing the summonses was because the requests to re-issue were out of date.

He said 25 other summonses for fines totalling €15,000 were executed for both civil and criminal matters.

Mr Bailey, 57, from the Prairie, Schull in west Cork, is suing the Garda Commissioner, Minister for Justice and the Attorney General for damages in relation to his treatment as a suspect for the murder of Ms Toscan Du Plantier in west Cork in December 1996. The defendants deny the claims.


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