BY OLIVIA KELLEHER
IAN Bailey has had the appeal of his drug-driving conviction adjourned until next October in order to allow for the presence in court of the member in charge of Bantry garda station on the day of the alleged offences.
At a sitting of Cork Circuit Appeals Court, State solicitor for West Cork, Malachy Boohig said that the member in charge was out sick.
He told Judge Helen Boyle that Mr Bailey’s barrister Alan O’Dwyer had indicated the need for this witness to be present at the appeal hearing.
Mr Boohig said that it was ‘rather unusual’ for a member in charge to be called as that is usually ‘accepted evidence.’
However, Mr O’Dwyer said that there was more than one charge under appeal.
In May of 2021 Mr Bailey was disqualified from driving for one year and fined €700 after being convicted of drug-driving at a hearing in Bantry District Court following his arrest near Schull in West Cork nearly two years ago. Mr Bailey (64) had been charged with and pleaded not guilty to possession of cannabis in his car, possession of cannabis at Bantry Garda Station, driving while cannabis was in his system, and allowing his car to be used for possession of cannabis following his arrest on August 25th 2019.
Bailey told gardaí that the cannabis found on his person was for ‘personal use’ and that a search of his car should not uncover any more of the drug, but gardaí said they found three other joints in the car after they searched the vehicle.
He was convicted on three charges, with the dismissal of the charge of possession of cannabis in his car. The appeal hearing will be heard in Clonakilty on October 6th next.