Ian Bailey unable to visit dying mother due to extradition bid, court told

Ian Bailey's sister has told the High Court a French bid for his extradition in connection with the murder in west Cork of French film-maker Sophie Toscan du Plantier, meant he was unable to visit their dying mother in England or attend her funeral.

Kay Reynolds said their 88-year-old mother was already immobile and ill when she decided in 2013, having been told she was losing her sight, to refuse food. Her doctors and carers met with the family and it was decided her mother had the necessary legal capacity to make that decision and they were advised she would die within two weeks.

Their mother died on May 18th 2013 and her only son was unable to visit her or attend her funeral, Ms Reynolds said. He had maintained daily contact with her about how their mother was doing.

She said Ian is her only sibling, they are very close and he had a “very sweet, tender” relationship with their mother.

The effect on him of her death was “so sad”, Ms Reynolds said, and she ensured he was very involved in choosing hymns and poems for the funeral service and also wrote the eulogy. Their father had died on Christmas Eve 1999, she added.

Earlier, Ms Reynolds said she was aware of the du Plantier case and was “very, very scared” for her brother when she learned, about the time of one of his law graduation ceremonies, France had issued a European arrest warrant seeking his surrender to France in connection with the murder. She felt it was “unjust”.

She said Ian was calm and kept her informed of the arrest warrant matter. She knew the strain it was on him but he had been “living with that for years”. She also knew the arrest warrant meant he could not leave Ireland and, if he travelled to England, he could be arrested.

She remains close to Ian and has visited him in Ireland, Ms Reynolds said.

She was giving evidence in the continuing civil action by Mr Bailey against the Garda Commissioner and State arising from the conduct of the investigation into the murder of Ms Toscan du Plantier whose body was found at Toormore, Schull, on December 23rd 1996. The defendants deny all of Mr Bailey’s claims, including of wrongful arrest and conspiracy to manufacture evidence.

Earlier yesterday, Billy McGill, a freelance press photographer, said he took photos of Martin Graham, a former British soldier, holding a police evidence bag containing "product" after Mr Graham exited from a white Almera car in Skibbereen on May 13th 1997 which had picked him up earlier. There was no dispute the white car was registered as a Garda car, the court heard.

Mr McGill said he and journalist Ken O'Shea had earlier spoken with Mr Graham outside Skibbereen, having been sent by the Sunday World to check out Mr Graham's claims he had been "in receipt of hash and money to entrap Ian Bailey in ongoing investigations".

Mr McGill said Mr Graham was looking for a sum of money and an airline ticket. He had searched Mr Graham thoroughly and Mr O’Shea gave him a recording device before Mr Graham was picked up in the white car.

Mr McGill said he had two cameras, one with a long lens, to take photos. Fifteen minutes later, he took photos of Mr Graham being dropped off by the white car in Skibbereen. He went over to him and shortly afterwards took photos of Mr Graham holding a police evidence bag.

He knew what was in the bag, Mr McGill said. Asked had he handled “hash” before, he said he had and he smelt and felt this product and “knew exactly what product I had”. He had not taken some for analysis and the bag was returned to Mr Graham.

He sent his photos to the Sunday World the following day but neither the story nor photos concerning Mr Graham were published, he said. He had considered it was “a good story”.

Under cross-examination, he was asked about being interviewed in 2006 by the McAndrew Garda inquiry set up to inquire into complaints by Mr Bailey concerning the du Plantier investigation.

He said he had not signed the Garda notes of the interview with him and those notes inaccurately stated he was not certain whether Mr Graham had held onto the recording device or had given it back to Mr O’Shea. He was “positive” Mr O’Shea had the recorder after dropping off Mr Graham on May 13th 1997, he said.

He agreed he had not asked for that part of the memo to be altered when it was read in November 2006.

Earlier, at the conclusion of his cross-examination, Martin Graham said he agreed to meet representatives from the Garda Síochána Ombudsman Commission (Gsoc) in February 2014 after he received a text on January 10th 2014 saying Irish police were looking for help finding who murdered "the French girl".

He met representatives of Gsoc in the Park Hotel, Northampton, but walked out after they refused his request for a day’s expenses for leaving his work as a market stall trader, he said.

Paul O’Higgins SC, for the State, said there would be evidence it was indicated to Mr Graham there was no way gardaí could pay for information. When counsel said gardaí would also say Mr Graham had on April 11th 1997 given Det Garda Jim Fitzgerald a label for a medicine bottle taken from Mr Bailey’s home, Mr Graham denied he had given any such label.

In re-examination, Mr Graham said a reference to “a few old smokes” in a conversation involving him and gardaí of May 1997, taped by gardaí, was a reference to cannabis and he was given money and hashish by the gardaí.