Bailey case: Photographer says Graham left Garda car with cannabis

A press photographer has told the High Court he did not discuss with journalist Ian Bailey claims by a former British soldier of being given cannabis by gardaí in order to get close to him.

Billy MacGill, a media photographer with a career spanning more than 50 years, denied he was “part of the apparatus” of proving the cannabis claims made by former soldier Martin Graham.

He had “definitely not” discussed the Graham matters with Mr Bailey prior to taking photos of Mr Graham with cannabis on May 13th, 1997 and has “not worked for either side” in this matter.

He took photographs of Mr Graham with a plastic bag containing cannabis after Mr Graham got out of a Garda car in Skibbereen on May 13th, 1997, he said. The material was cannabis, he said, adding that he had smoked it before.

Physical search

He said he was in Skibbereen with reporter Ken O’Shea for the Sunday World to check out Mr Graham’s claims he was given cannabis by gardaí. He was satisfied there was nothing on Mr Graham after carrying out a full physical search of him, including his underwear, and had also kept him under observation before he got into the Garda car.

He denied a suggestion by Luán O Braonáin SC, for the State, the search and observation was a “charade” to try and ensure the event was “insulated”. He agreed he did not know if Mr Graham had got out of the Garda car at any point before it left him back.

He was quoted in an article in the Sunday Times in 2012 about the May 1997 incident involving Mr Graham and was reported as having not spoken about the Graham matter for over a decade but felt he should do so in the public interest.

He agreed he had in 2006 met gardaí who were part of the McAndrew inquiry into complaints by Mr Bailey over the conduct of the investigation into the murder of Sophie Toscan du Plantier.

He gave them two photos of Mr Graham taken on May 13th, 1997 and a Fastrack docket relating to prints and negatives of the encounter with Mr Graham. He agreed he wrote up that docket well after that date.

The plastic bag produced by Mr Graham with two white stripes were of the type used as police evidence bags, he agreed. He agreed similar bags are domestically available.

Several photos

He agreed he has sold to the media several photos of Mr Bailey, including of him wearing a jacket and tie and of him sitting on a bench in University College Cork, looking “rather lonely”.

His attitude was he was not certain of anything that had happened in relation to the events in west Cork. He would always greet Mr Bailey but did not think it would be appropriate for him to discuss other events with Mr Bailey.

Mr MacGill concluded his evidence in the continuing High Court action by Mr Bailey against the Garda Commissioner and State over the conduct of the investigation into the murder of Ms Toscan du Plantier, whose body was found near Toormore, Schull, on the morning of December 23rd 1996.

The defendants deny all of Mr Bailey’s claims, including wrongful arrest and conspiracy to manufacture evidence.

At the close of the hearing, the jury foreman observed it was day 34 and week nine of the case and the jury would like an estimate of duration. Mr Justice John Hedigan has asked the lawyers to give such an estimate on Friday.

Earlier, Mr MacGill said Mr Graham had looked for €1,000 and an airline ticket “out of here” when he contacted the Sunday World with his claims. There was “always a carefulness” in dealing with such stories, he said.

He got the impression Mr Graham was someone who used recreational drugs on a regular basis and was “not wealthy by any means”, he said. Mr Graham had said he received three or four ounces of hash on a regular basis, Mr McGill added.

Du Plantier investigation

He met Mr Bailey for the first time on February 6th, 1997. Mr Bailey was working as a journalist and they met for the purpose of getting photos of locations, including locations linked to the du Plantier investigation, for use as file photos later if necessary.

Mr Bailey had “hinted” he was a suspect in the murder investigation, he said. He spent about two hours in Mr Bailey’s company and did not think the journalist spoke much about anything.

He agreed he was quoted by the Sunday Times in an article in February 2012 as saying Mr Graham had told Mr Bailey he had been given cannabis by gardaí and Mr Graham had offered to prove it.

Counsel suggested that meant Mr Graham had told Mr Bailey about cannabis being given to him before Mr McGill and Mr O’Shea met Mr Graham in May 1997. Mr McGill said he himself had no knowledge of Mr Graham’s claims until May 1997.

He agreed it was possible he and Mr O’Shea may have on May 13th, 1997 discussed there being “a Bailey angle” to the Graham story. He did not believe there was any discussion to the effect, if Mr Graham’s claims were true, that would be “great news” for Mr Bailey.