English journalist Ian Bailey was made a suspect for the murder of French film producer Sophie Toscan du Plantier on foot of corruption by Garda members, it was claimed at Mr Bailey's libel appeal against five newspaper groups yesterday.
Opening the case for Mr Bailey against the newspapers at the High Court in Cork, Tom Creed SC said that Mr Bailey had been "set up" by Garda members and this was currently the subject of an investigation by Assistant Garda Commissioner Ray McAndrew.
He said Garda members had systematically leaked false information to the press linking Mr Bailey to the murder and that a complicit press had printed it and that Mr Bailey had been effectively subjected to trial by media.
Mr Bailey (50), of the Prairie, Liscaha, Schull, is appealing against the finding against him in his January 2004 claim for libel damages against the Sunday Times, the Times, the Sunday Independent, the Independent on Sunday, the Starand the Daily Telegraph. Mr Bailey contends newspaper reports wrongly linked him to Toscan du Plantier's murder.
Mr Creed said he could not quibble with the papers publishing that Mr Bailey was a suspect but they were not entitled to claim this was a reasonable suspicion when they realised that the facts they were relying on to support this suspicion were false and untrue.
Reviewing the various articles, Mr Creed described where they were inaccurate and he pointed out that a key witness in the case whom he didn't name (Marie Farrell) had withdrawn a statement saying that she had seen Mr Bailey on the night of the murder.
This key witness was pressurised into "nominating Mr Bailey" as a person that she had seen at Kealfadda Bridge between Schull and Goleen over a mile from Toscan du Plantier's holiday home at Toormore, Schull, said Mr Creed.
"It appears Mr Bailey was fingered very early in the investigation by a member of An Garda Síochána, Det Garda Bart O'Leary, after learning he had abrasions on his hands and, coupled with a history of violence towards [his partner] Ms Thomas, this set them on a course of pursuing him. Even though gardaí knew the information being given by this witness [Ms Farrell] was bogus, they went about getting information to nail Mr Bailey. He was told by Det Supt Dwyer, 'We will put you at Kealfadda Bridge', and that's exactly what they did.
"It will certainly be the plaintiff's case that he was a suspect, he was not a reasonable suspect. He was made a suspect on foot of corruption by An Garda Síochána," said Mr Creed.
Mr Creed pointed to a Daily Telegraph article on March 3rd, 1997, which makes reference to Mr Bailey and where a detective involved in the murder investigation is quoted as saying: "We think we have a motive."
"This is apparently a quote from An Garda Síochána who are giving certain information to the press with one view and one view only, and that is to link Mr Bailey to the murder of Sophie Toscan du Plantier," said Mr Creed.
Counsel for the five newspaper groups Paul Gallagher SC raised the relevance of Mr Creed's comments about An Garda Síochána to the case and said he was concerned that allegations were being made against third parties who were not present to defend themselves.
Mr Gallagher said that he was reserving his position in relation to the "very serious allegations against the gardaí" and Mr Justice Brian McGovern noted his concern about the matter.
The case continues.