Ian Bailey says black and tan shirt a ‘coded message’

Ian Bailey has said gardaí told him he was wrong if he thought an Englishman could come over here and "get away with this" during his questioning in connection with the murder of French film-maker Sophie Toscan du Plantier.

When he was given a black and tan shirt as a replacement for clothing sought by gardaí, he regarded that as a “coded message” “because I’m English”, Mr Bailey said.

When Luán Ó Braonáin, for the State, put to him gardaí never said anything to him about being English and never said he need not think an Englishman could come over here and get away with this, Mr Bailey said that had happened.

There was “very strong, complete xenophobia”, he said.

When counsel noted gardaí asked him during an interview about reports he was seen out at night on one occasion with “nothing on but jocks and a hat” and “shouting and singing”, Mr Bailey said he had “a reputation of being eccentric” but could not understand why people would say those things.

He denied suggestions that part of him enjoyed giving interviews to the media two days after being released following his arrest by gardaí on February 10th, 1997, in connection with the murder in west Cork.

He denied he “fuelled” publicity surrounding his arrest despite a statement issued on his behalf by a solicitor appealing for privacy for him.

Counsel said a photograph in one newspaper showed him “leaning nonchalantly” against the door and looking “cool and quite well” and suggested “a part of you enjoyed the attention”.

Mr Bailey said he believed staying silent would achieve nothing and what he was doing was “stating my innocence and putting the record straight”. He may not have handled it very well, he said. He could not describe any part of what had happened to him over the past 18 years as enjoyable.

The cross-examination of Mr Bailey (57), the Prairie, Schull, will enter its sixth day when his case resumes on Tuesday. He has sued the Garda Commissioner and State over the Garda investigation into the murder of Ms Toscan du Plantier.

Her body was found near Toormore, Schull, on the morning of December 23rd, 1996. The defendants deny all claims, including wrongful arrest, false imprisonment and conspiracy.

The case was called on for six weeks but Mr Justice Hedigan was told yesterday it was very likely to last longer and Mr Bailey's side are to call at least 12 more witnesses, while the State expect to call about 20.

Yesterday, asked about events during his arrest and questioning over 12 hours at Bandon Garda station on February 10th, 1997, Mr Bailey agreed he was asked did he want a solicitor and, when he said he did, a solicitor came and they had a consultation.

He also agreed he had been checked on by the duty sergeant on a number of occasions, was provided with tea, food and cigarettes and had a number of breaks between several interviews carried out during his 12-hour detention.

When counsel put to him he had said he was given a “very fine” replacement jacket to wear, he said he was “probably being sarcastic”.

Mr Ó Braonáin put to him that his interviews with gardaí ranged over several matters, including assaults on his partner Jules Thomas, his behaviour generally, his knowledge of Ms Toscan du Plantier and his movements.

In one interview, he was noted as saying he saw Ms Toscan du Plantier once, about two years previously and his recollection was “she was plain”. The notes of the interviews also recorded he repeatedly denied he had anything to do with the murder.

Counsel suggested he had given a false impression the interviews were hostile and put to him gardaí were entitled to adopt different tones when questioning a person arrested on suspicion of murder. Mr Bailey replied the tone was not reflected in the Garda notes.

He was arrested on “false premises” and there was “a conspiracy”. “I was just told ‘you did it’, tell the truth”.

Mr Bailey agreed he signed the Garda notes of the interviews, including one recording him as saying he had not heard the 2pm news on December 23rd, 1996, when it was stated the dead woman was French. That note was incorrect because he had heard the news, he said.

The interview notes also recorded Mr Bailey told gardaí he at one point stopped his car, in which he and Ms Thomas were travelling home on the night of December 22nd, and the moon was “shining”.

The note stated that Mr Bailey had said: “I had a premonition something was going to happen.”

Two days after he was released by gardaí, Mr Bailey agreed he gave interviews in his home to Senan Molony of the Star newspaper and John Kierans of the Irish Mirror. Both newspapers labelled the interviews "exclusives" but he had not told them they were, he said.

An interview Mr Bailey gave, under the name Eoin Bailey, to broadcaster Pat Kenny on RTÉ Radio One following his release after his arrest, was played to the jury. During that, Mr Bailey denied any involvement in the murder.

The interview noted the normal practice under which a detained suspect is not named unless charged was not adhered to in his case as he had been named in the media after his arrest.