Ireland Appeal allowed against drug driving and possession of cannabis in Cork
Ian Bailey, a 65-year-old man (reports give his age as 66), was stopped by gardaí near Schull, Co Cork, on 25 August 2019 after failing a roadside breath test, and was found with a small tin of cannabis on his person. He was convicted of drug driving and possession of cannabis at Skibbereen District Court in March 2021 and fined €700 with a 12-month driving disqualification. Bailey appealed the convictions, arguing the oral fluid drug test was administered without the required ten-minute observation period. The appeal was allowed by the Cork Circuit Court on 30 January 2024, nine days after Bailey died from a suspected heart attack in Bantry.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court20 Jan
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- Bailey was stopped at a checkpoint near Schull, Co Cork, on 25 August 2019 after failing a roadside breath test and was arrested on suspicion of drink driving.
- He passed the evidenzer test at Bantry Garda Station but failed an oral fluid test, and blood samples later tested positive for cannabis.
- He was found with a small tin of cannabis on his person following his arrest.
- The garda who carried out the oral fluid drug test did not follow the instruction manual, which requires a ten-minute observation period before the test.
- Charges
- Bailey faced four charges including drug driving and possession of cannabis.
- In court
- He was convicted of three charges at Skibbereen District Court on 13 March 2021, with the charge of possession of cannabis in his car dismissed.
- Bailey appealed the convictions, arguing the oral fluid test was administered without the required ten-minute observation period.
- The appeal was allowed by the Cork Circuit Court on 30 January 2024.
- Sentence
- Bailey was fined €700 and disqualified from driving for 12 months in May 2021.
- Other details
- Bailey died on 21 January 2024 from a suspected heart attack near his flat in Bantry.
28 statements extracted from the articles
- whatThe garda who carried out the oral fluid drug test did not follow the instruction manual for the testing machine (irishmirror.ie)
- whatThe manual requires persons to be observed for ten minutes prior to the test to ensure they have not consumed food, chewed gum or used tobacco (irishmirror.ie)
- whatBailey had a glass of water in the presence of another Garda before the test (irishmirror.ie)
- whatThe Garda carrying out the oral fluid test was not aware Bailey had had water (irishmirror.ie)
- whatHe was found with a small tin of cannabis on his person following his arrest (irishmirror.ie)
- whatHe was arrested on suspicion of drink driving after failing a roadside breath test but passed the evidenzer test at Bantry Garda Station (irishmirror.ie)
- whatHe failed an oral fluid test and blood samples later tested positive for cannabis (irishmirror.ie)
- whatBailey did not admit the substance was cannabis but said he assumed it was the herb (irishmirror.ie)
- whatBailey acknowledged he had a pint of alcohol (irishmirror.ie)
- whatBlood sample showed 2.7ng/ml for D9 Tetrahydrocannabinol where the limit is 1ng/ml (irishmirror.ie)
- whatBlood sample showed 19.5ng/ml for 11-nor-9-carboxy-D9-tetrahydrocannabinol where the limit is 5ng/ml (irishmirror.ie)
- whereBailey was stopped by gardaí while driving near Schull, Co Cork. (irishtimes.com)
- whenThe appeal hearing took place on 20 January 2023 at Skibbereen courthouse (irishmirror.ie)
- whenThe original arrest was near Schull in West Cork on 25 August 2019 (irishmirror.ie)
- whenHe was stopped at a checkpoint in Schull shortly after 8pm on 25 August 2019 (irishmirror.ie)
- whenThe incident occurred on 25 August 2019. (irishtimes.com)
- chargeBailey faced four charges: 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 (irishmirror.ie)
- courtHe was convicted of three charges with the dismissal of the charge of possession of cannabis in his car (irishmirror.ie)
- courtJudge Helen Boyle presided over the appeal hearing (irishmirror.ie)
- courtCork State Solicitor Jeremiah Healy represented the state (irishmirror.ie)
- courtBoth sides will make written submissions and the case will be up for mention in Skibbereen on 6 March 2023 (irishmirror.ie)
- courtBailey was convicted of drug driving and possession of cannabis for his own use at Skibbereen District Court on 13 March. (irishtimes.com)
- courtBailey appealed the convictions. (irishtimes.com)
- courtJudge Helen Boyle said she would strike out the appeal when it was called. (irishtimes.com)
- courtThe acting State Solicitor for West Cork said the appeal maybe should be allowed. (irishtimes.com)
- sentenceIn May 2021 Bailey was disqualified from driving for one year and fined €700 (irishmirror.ie)
- sentenceBailey was fined a total of €700 and disqualified from driving for 12 months. (irishtimes.com)
- otherBailey died on 21 January after collapsing from a suspected heart attack near his flat in Bantry. (irishtimes.com)
The reporting
newest first- 30 Jan2024Court allows Ian Bailey’s appeal against drug driving conviction nine days after his death from suspected heart attack
Reports that the Cork Circuit Court allowed Bailey's appeal against his Skibbereen District Court drug driving and cannabis possession convictions, nine days after his death, after the State's solicitor said the appeal should maybe be allowed.
convicted, Ian Bailey, 66, male, named, irish (judged from name)Ian Bailey - 20 Jan2023Ian Bailey appears in court to appeal his drug driving conviction
Details the appeal hearing at Skibbereen District Court where barrister Alan O'Dwyer argued the Drager drug test was 'unlawful' due to failure to observe the 10-minute pre-test period (Bailey had a glass of water beforehand), and that the subsequent blood test was also 'unlawful.' Cork State Solicitor Jeremiah Healy responded that there was 'nothing improper' about the garda conduct. Case adjourned for written submissions with mention on 6 March 2023.
convicted, Ian Bailey, 65, male, named, non-irish (judged from name)Ian Bailey