Bailey drops action against newspapers

Ian Bailey yesterday withdrew his High Court libel appeal against six newspapers in a settlement which saw the papers acknowledge…

Ian Bailey yesterday withdrew his High Court libel appeal against six newspapers in a settlement which saw the papers acknowledge that they never intended to suggest that he had murdered Frenchwoman, Sophie Toscan du Plantier.

Mr Bailey (50), an English journalist living in Schull, Co Cork, sued the Sunday Times, the Times, the Sunday Independent,the Independent on Sunday, the Starand the Daily Telegraphfor libel over reports published in the aftermath of his arrests for questioning about the killing.

Yesterday, at the High Court sitting in Cork, Mr Bailey was due to resume giving evidence in his appeal against the outcome of his unsuccessful libel action in the Circuit Court. His counsel, Brendan Nix SC, read an agreed statement to inform Mr Justice Brian McGovern that his client had withdrawn all his claims against the six newspapers.

"The defendants confirm that nothing in any of these articles was ever intended to suggest that Ian Bailey murdered Sophie Toscan du Plantier. The defendants are not saying now, nor did they ever say, he was a murderer," said Mr Nix.

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"The defendants will a pay a contribution to his legal costs only but not damages. The defendants will waive any costs ordered to them in the lower court. The agreed contribution is not to be paid, or any part thereof to be paid, in damages."

Mr Nix said the agreement was "a full and final settlement" of all claims arising between the parties, their servants and agents.

Mr Justice McGovern said that he was very glad that the proceedings had been settled as it was clear that they would have gone on for some time.

Afterwards, Mr Bailey's solicitor, Frank Buttimer, issued a statement in which he said his client was "very relieved that this appeal had been compromised on reasonable terms between himself and the defendants".

"He is happy that the defendants have acknowledged that he is in no way responsible in any fashion whatsoever in respect of the appalling killing of the late Madame Sophie Toscan du Plantier," said Mr Buttimer.

"The last 10 years have been extremely difficult for Mr Bailey and his steadfast partner Jules Thomas because of the false allegations which have been levelled at him. He hopes that the settlement of these matters will enable him and his partner resume a more normal life."

The editor of the Star, Gerard Colleran, said the papers had reached a settlement with Mr Bailey for commercial reasons and that Mr Bailey's decision to settle amounted to "a complete capitulation" by him.

On RTÉ's News at One, Mr Colleran said the six newspaper titles, which included the Star, had already run up a bill of more than €1 million in legal costs in winning an action against Mr Bailey over the same articles in Cork Circuit Court.

The papers had already spent another €250,000 to €300,000 in the High Court case to date and were likely to spend another €300,000 in concluding the case with no reasonable chance of getting their costs at the end because Mr Bailey has no assets, he said.

"The decision came down to a no brainer - win now and pay something like pocket money towards the overall costs, which is €70,000 as a contribution to Mr Bailey's legal costs or win later and have an extra €300,000 adding to the €1 million and €250,000 already there."

Mr Colleran dismissed a suggestion by Mr Buttimer that it was "an honourable compromise" and said he welcomed "the decision by Mr Bailey to come to his senses, see the error of his ways and belatedly throw in the towel.

"It's a complete capitulation . . . Mr Bailey has folded his tent and gone back to where's he's come from. According to the joint statement, he is not receiving one red cent in damages."

Mr Buttimer told The Irish Timesthe case was never about damages and that Mr Bailey had discontinued his action for an acknowledgment by the news-papers that they accepted he had no involvement in the killing.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times