Ian Bailey case: ex-garda denies ‘fixing things up’ for witness

A recorded phone conversation suggested a "very close" relationship between a Detective Garda and a key witness in the Sophie Toscan du Plantier murder investigation, the High Court has heard.

Tom Creed SC, for Ian Bailey, put that suggestion to retired garda Jim Fitzgerald after a recording of his conversation with Marie Farrell on October 9th 1997 was heard by the jury in Mr Bailey's civil action.

Mr Fitzgerald said he was “familiar” with Ms Farrell and had discussed a range of matters with her but denied the conversation showed he was “fixing things up” for her.

During the conversation, and immediately after a redacted exchange between them, Ms Farrell said to Mr Fitzgerald: “You are a pervert.” He replied: “I f***ing am not..if I am, I’m talking to another one.”

Mr Fitzgerald said he visited the Farrells’ house a number of times and had two beers with her husband on December 23rd 1997, the first anniversary of the murder, when he gave her information about the source of threatening phone calls. Ms Farrell had also told him of being assaulted by her husband, he said.

Mr Fitzgerald remains under cross-examination in Mr Bailey’s continuing action 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 his claims, including of wrongful arrest and conspiracy.

Mr Fitzgerald denied suggesting to Ms Farrell that she should instruct a solicitor to write to Mr Bailey’s solicitor complaining their client was threatening her. He also denied telling Ms Farrell her description of a man she saw in the early hours of December 23rd 1996 did not fit Mr Bailey and needed to be “tidied up” for the Garda file for the DPP.

He agreed the DPP had said Ms Farrell’s evidence was unreliable but he considered that related to her giving different heights for the man she saw, for which there were explanations.

Mr Fitzgerald repeated his denial of Ms Farrell’s claim that he, on an unidentified date, stripped naked and asked her for sex in a holiday home. That was a “complete false allegation”, he said.

Mr Fitzgerald said this matter originated after she made a “threatening” phone call to him in 2010 accusing him of sending the Garda traffic corps after her son, which he had not done. He said she told him during the call, if he did not stop, she would think of an allegation and might be able to prove it. He gave his report of that call to superiors in May 2010.

He said the idea of taping an encounter between Ms Farrell and Mr Bailey in Ms Farrell’s shop was both her idea and that of Sgt Liam Hogan. He denied counsel’s suggestion it was “lies and nonsense” to say he got authorisation to tape that encounter.

The taping situation arose after Mr Bailey’s partner Jules Thomas called to Ms Farrell and asked her would she go on tape, he said. A “taping awareness” was borne out by Mr Bailey asking, when he came to Ms Farrell’s shop in June 1997, if the place was “clean”, he said. The taping was intended to protect Ms Farrell and “to counteract a plan hatched by Mr Bailey to intimidate her”.

Asked about another recorded phone call of April 20th 1998 with Ms Farrell, in which he expressed annoyance several times that she had made a statement to Sgt Maurice Walsh, he said he was very annoyed because she made that statement after he had reported to the incident room her previous insistence she would not be making any statements or going to court.

Their friendship came to an end after that call but there was contact in June 1998 after material came back from the DPP, he said.

Mr Fitzgerald denied telling Ms Farrell to make claims of intimidation against Mr Bailey to build up a picture of him as dangerous. Ms Farrell phoned his home and told his wife about being threatened by Mr Bailey so often his wife put a “do not answer” on the calls, he said.

Mr Fitzgerald also said he became suspsicious of Martin Graham on about April 11th 1997 when, after a vusit to Mr Bailey’s home, Mr Graham gave gardaí a precription sticker with Mr Bailey’s name on it and remarked gardaí woud know what to do with that.

Mr Fitzgerald said she was suspicious Mr Graham might be taping the encounter and that Mr Bailey might be involved in a plan with him to get gardaí to plant evidence and then compromise them.

The case continues.