Journalist Ian Bailey's action for damages against the State over alleged wrongful arrest in connection with the 1996 murder in west Cork of French film maker Sophie Toscan du Plantier is expected to formally open before a High Court jury tomorrow.
A jury sworn this morning to hear the case, expected to last six weeks, was sent away this afternoon while legal discussions continued in their absence.
Mr Justice John Hedigan asked the eight men and four women to return to court tomorrow when counsel for Mr Bailey is expected to formally open the case.
When outlining the nature of the case to the jury panel earlier, Tom Creed SC said Mr Bailey is alleging he was wrongfully arrested in connection with the murder of Ms Toscan du Plantier in December 1996.
The case essentially alleged gardaí conspired and manufactured evidence in producing witnesses to say Mr Bailey was at a place which he was not, counsel said.
It would also be alleged gardaí told others in the community Mr Bailey was guilty, as a consequence of which Mr Bailey’s life had been “a misery for the past 18 years”, counsel said.
It was also alleged gardaí had engaged in unlawful and oppressive conduct and Mr Bailey had suffered assault and emotional and psychological damage intentionally inflicted by gardaí, Mr Creed said.
When sending the jury away until tomorrow, the judge outlined how the case will run and said the jury’s role was to decide the facts by applying their life experience and common sense.
Because this is a civil and not a criminal case, the legal standard of proof is the balance of probabilities and not reasonable doubt, meaning Mr Bailey must prove his claim on the basis of balance of probabilities, he said.
The judge asked the jury not to discuss any issues concerning the case with any other person except a fellow juror.
They must also not research any issue connected with the case on the internet or read media reports about it. The jury was required to decide this case only on the evidence put before them, he stressed.
Mr Bailey (57), a native of Manchester with an address at The Prairie, Schull, has brought his action against the Garda Commissioner and various State parties.
The case, being heard by Mr Justice Hedigan and a jury of eight men and four women, may last up to six weeks.
