At a sitting of Skibbereen District Court in Co Cork today State Solicitor, Malachy Boohig, told Judge Helen Boyle that they were not in a position to proceed with the hearing of the appeal. The case was adjourned until October 6th next at Bantry District Court.
Mr Bailey was not required to be in court for the call over of the list this morning.
In May of this year 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.
The 64-year-old had faced four charges arising out of his arrest on August 25th, 2019.
Mr Bailey, of the Prairie, Lisscaha in Schull in West Cork 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.
He was convicted of three charges with the dismissal of the charge of possession of cannabis in his car.
Mr Bailey was found with a small tin of cannabis on his person following his arrest at a garda checkpoint in West Cork.
He was arrested on suspicion of drink-driving, having failed a roadside breath test, but he then passed the evidenzer test at Bantry Garda Station.
The court heard that Mr Bailey had failed an oral fluid test and that blood samples taken by a doctor at Bantry Garda Station later tested positive for the presence of cannabis.
Mr Bailey had been stopped at a checkpoint in Schull shortly after 8pm on August 25th, 2019.
He said 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.
However, gardai said they found three other joints in the car after they searched the vehicle.
Emmet Boyle, defending Barrister, raised a number of issues in relation to the case. These included how gardaí came to uncover the cannabis both on the person of his client Mr Bailey and in his car.
Last May at Bantry District Court Judge John King dismissed the charge of possession of cannabis in Mr Bailey’s car stating that gardaí had not observed the statutory requirements in detaining the car. However, he convicted Mr Bailey on the other three charges.