A barrister acting on behalf of Ian Bailey has claimed that there was a “fatal flaw” in the testing procedure.
It is an obligation for the safety of the individual and the safety of others.” He said that the garda had the right to search Bailey “under Common Law". Mr Healy said that a “big issue” was made of how Bailey had been searched in the station. He said when Mr Bailey was stopped he wasn’t wearing a seatbelt and that a fixed penalty notice was paid. Mr Healy said that if “gardaí did not carry out routine checkpoints there would be uproar in the Oireachtas” and that there was also an expectation in society that gardai make such checks. Mr O”Dwyer had questioned the role of the checkpoint at which Mr Bailey was stopped asking if it was to detect drink-driving offences. He said that there was “nothing improper” about the Garda conduct in the case. Mr O’Dwyer said that as the Drager drug test was not carried out with the correct observation period by the attending garda a subsequent blood test was also “unlawful.” He told Judge Helen Boyle that he would elaborate on the points made in his outline in his written submissions. “It is absolutely clear from the instruction manual that things have to be strictly observed and that the 10-minute observation period is crucial. He was arrested on suspicion of drink-driving, having failed a roadside breath test, but he then passed the evidenzer test at Bantry Garda Station. However, Bailey had a glass of water in the presence of another Garda. The 65-year-old had been stopped at a checkpoint in Schull shortly after 8pm on August 25th, 2019.
The court also heard that it was important not to put the personal rights of drunk (drugged) drivers above the rights of the victim.
It is an obligation for the safety of the individual and the safety of others.” He said that the garda had the right to search Bailey “under Common Law.” Mr Healy said that a “big issue” was made of how Bailey had been searched in the station. He said when Mr Bailey was stopped he wasn’t wearing a seatbelt and that a fixed penalty notice was paid. Mr Healy said that if “gardaí did not carry out routine checkpoints there would be uproar in the Oireachtas” and that there was also an expectation in society that gardaí make such checks. Mr O’Dwyer said that as the Drager drug test was not carried out with the correct observation period by the attending Garda a subsequent blood test was also “unlawful.” Mr O”Dwyer had questioned the role of the checkpoint at which Mr Bailey was stopped asking if it was to detect drink-driving offences.
An appeal by Ian Bailey, formerly of The Prairie in Schull, of a district court conviction for drug driving was adjourned at Bantry Circuit Court this ...
Readers of The Southern Star can read a full account of the arguments made in the case in next week’s edition – out on Thursday January 26th. An appeal by Ian Bailey, formerly of The Prairie in Schull, of a district court conviction for drug driving was adjourned at Bantry Circuit Court this morning.
Defence barrister also argues that gardai had no reason to stop Ian Bailey at checkpoint or search him when they found cannabis on his person.
He also argued that it was perfectly routine and permissible for Garda Coakley to search Mr Bailey. When Sgt Heffernan asked Mr Bailey if he knew it was, Mr Bailey said “it looked like cannabis”. When asked if it was cannabis, Mr Bailey said he assumed it was. He was arrested on suspicion of drink driving and brought him to Bantry station where Garda Theresa Sheridan tested Mr Bailey with an Evidenzer alcohol tester. He flagged down the car and, in the course of speaking to Mr Bailey, got a smell of alcohol and asked him had he been drinking. Alan O’ Dwyer BL said Mr Bailey’s conviction for drug driving was based on traces of cannabis being found in a blood sample he gave at Bantry Garda station on August 25th, 2019.
IAN Bailey will have to wait another few months to see if a drug driving conviction can be overturned.The Englishman and self confessed main suspect i.
The ten minute observation has to be ensured. “I say that it hasn’t been in this case. That is what I am saying occurred.” At the appeal hearing yesterday Mr O’Dwyer said that the oral fluid test was blatantly compromised by the fact that Mr Bailey had had a glass of water prior to its administration. But Bailey had a glass of water in the presence of a Garda, something the officer carrying out the oral fluid test was not aware of. When he was searched in the barracks, Bailey was found with a small tin of cannabis in his pocket which he said had been left at his market stall by a friend.