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Witness says description changed to match Bailey

Marie Farrell said statements she made about incidents of intimidation by Ian Bailey were not true
Marie Farrell said statements she made about incidents of intimidation by Ian Bailey were not true

Marie Farrell has told the High Court that a garda asked her to change her description of a man she saw in Schull in the days before the murder of Sophie Toscan Du Plantier because it did not fit the description of Ian Bailey.

Ms Farrell said she was told by Detective Garda Jim Fitzgerald that they needed to "do something to tidy up" the file for the DPP because the description did not fit.

She originally told gardaí the man she saw was 5’8” tall and of slim build.

A later statement described the man as Mr Bailey and said he was taller than a particular garda who was 6’ tall and that she may have been mistaken about his height originally because she was standing on a higher level than him across the street.

She also said that statements she made about numerous incidents of intimidation by Mr Bailey, including phone calls and him making cut throat gestures, were not true.

She was told by Det Fitzgerald that they needed the statements to build up a good file and to put pressure on the Director of Public Prosecutions to charge him.

Asked how she felt about giving these statements she said: "I never felt happy about it but always felt obliged because Jim Fitzgerald was doing favours for us."

She said she knew the day before that Mr Bailey was going to be arrested for a second time because she was told by Det Fitzgerald.

"I was relieved when he was released without charge," she said.

Marie Farrell tells Ian Bailey court hearing a Garda asked her to change description of man she saw in Schull

Ms Farrell said that Det Fitzgerald had a "right go" at her for making a statement to another garda without telling him first.

An audio recording of the phone call was played to the jury. 

Ms Farrell was asked to explain what the call was about and she said she had been pressured to make another statement by Det Fitzgerald but had refused at first but later said she would.

She said he was angry because she gave the statement to another garda without informing him first.

She said she had discussed with Det Fitzgerald what to say in the statement.

On the audio recording Det Fitzgerald can be heard saying: "answer me, at least I deserve an answer and a f****ing year and a half on this g***ing phone".

She said that was a reference to the daily phone calls she had been receiving from Det Fitzgerald.

Closed shop and changed job

Ms Farrell said she later closed her shop and got a job in a golf club restaurant.

She said one night as she was checking the toilets before finishing work and Det Sgt Maurice Walsh, who had been drinking there with his wife and Mrs Farrell's husband, appeared behind her.

She said he pushed her up against a wall, tried to undo her clothing and exposed himself to her saying: "Don't you find it a real turn-on trying to fit up that long black English b******s."

Asked today to explain that, she said he was telling her he found it a turn-on to be "fitting up" Mr Bailey.

She said she did not tell anyone about it except her husband and did not do anything about it because there was no point.

"These things happen when people have drink taken," she said.

She said Det Sgt Walsh mentioned it to her some time later, after he had moved to Harcourt Square in Dublin and thanked her for never telling anyone about the incident.

Ms Farrell said she wanted to withdraw her statements when gardai began a new inquiry into Ms Toscan du Plantier's death but was told she could face charges herself if she did so.

She also said gardaí told her not to worry about paying speeding fines and fines for not paying tax and did not execute warrants for her arrest.

Ms Farrell said a new garda team was sent from Dublin to investigate the murder of Sophie Toscan du Plantier in 2002.  

She said they were nasty and she came under real pressure from them.   

She said she wanted to withdraw her statements and wanted nothing to do with the second inquiry. 

But she said she was told by Det Sgt Walsh and Det Fitzgerald that there was no way she could withdraw her statements as she could be charged herself with wasting garda time.

She said she met gardaí from the new team in Bandon Garda Station. 

She said they cautioned her and were shouting at her.    

She said they were asking her who was advising her and if a garda had been advising her.

She said Det Fitzgerald was waiting down the road for her.

She said he kept telling her to refer to her previous statements and say the only person advising her was a solicitor.  

She said gardaí from the new team told her they had her husband's fingerprints and could make it look as if she was covering for him.

She said after the new team went away, things calmed down.  She said she was then told the Chief Superintendent in Bandon, Dermot Dwyer, was retiring and wanted to see her.   

She said he thanked her for all the help she had given the gardaí.  And she said he then referred to warrants for her arrest which were in the station. 

She told the court there could have been ten to fifteen warrants relating to speeding fines, and having no tax on the car to a total of £1,200 to £1,500 stretching back six or seven years.

She said she would not pay the fines and warrants would be issued for her arrest but they would not be executed.  

She said Det Fitzgerald told her she would not have to pay the fines and not to worry about them.

She said the Chief Superintendent told her there was a new fellow coming in and would not be too happy about the warrants.  

He told her to throw a few euro at Det Sgt Walsh every now and then.

Ms Farrell said when Det Sgt Walsh went to Bosnia for a year he told her to continue paying money to Garda Kevin Kelleher in Schull.

She said Garda Kelleher told her that her fines would have to be paid off because if it was discovered that fines had been buried in return for statements they would all be “in the shit”.

In 2003 she said she refused to give evidence against Mr Bailey in his libel action in 2003 but was told by gardaí she would be arrested and taken to court in handcuffs if she did not.

Ms Farrell said her husband had told her not to go to court and not to come home if she went to court and told lies. She said she got a number of phone calls from the retired superintendent Dwyer asking her to come to court to give evidence.

She said Supt Dwyer assured her he had had a word with Mr Bailey's lawyer and he  would go easy on her in cross examination.

On the day she was to give evidence Supt Dwyer drove her to Cork and told her stick to the story. "The emphasis had to be on Ian Bailey being threatening and that I was terrified of him."

She considered when in the witness box just telling the judge what had happened but said: "When I looked down towards the back of the court all of the gardaí I had ever dealt with were lined up at the back of the court. I decided just to make the best of it."

Libel trial loss

Ms Farrell said after Mr Bailey lost his libel trial Det Fitzgerald said he wanted to continue to get stuff out there about Mr Bailey being threatening and she went along with it because she "owed him".

She said he told her she would never have got the site for her house from the council at the price she got it, if it had not been for him.

She agreed to give media interviews and agreed to make another false claim of intimidation against Mr Bailey. Ms Farrell said she was told Mr Bailey would be in Schull Garda station for an appointment at a particular time and she was to ring and report an incident of intimidation.

She did this but later discovered Mr Bailey did not come to Schull that day. She later received a solicitor’s letter from Mr Bailey.

"I said that was the end of it there was no more. I would not do anymore after that."

She said when Det Sgt Walsh told her she might have to go to court a second time she said she would never tell lies in court again. She threatened to go to Mr Bailey's solicitor and claims Sgt Walsh said if she did so she would never have a day’s peace as long as she was in Schull.

"He said you cannot go against the Gardaí and get away with it. I said I would sell the house and move away and he said no matter where you go you will never have peace."

After that she said the gardaí were not as friendly as they were and her children were harassed by gardaí. Her husband advised her to put an end to everything and she went to Mr Bailey's solicitor Frank Buttimer before seeking her own legal advice.