A 34-year-old landscape gardener who testified on behalf of eight newspapers in the Ian Bailey libel action was yesterday acquitted by a judge of engaging in threatening, abusive or insulting behaviour towards Mr Bailey at a market in Schull.
Billy Fuller, from Rathruane, Ballydehob, Co Cork, had denied engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace was occasioned at Meenvane, Schull, on August 14th last.
Yesterday, Mr Bailey from the Prairie, Liscaha, Schull, told Schull District Court how he had been running a stall for his partner at the Sunday market in the village and was leaving the market at around 2pm when he saw Mr Fuller gesticulating at him.
"He gesticulated with two fingers on both hands and was mouthing the words 'F... off'," said Mr Bailey, adding that Mr Fuller, who was some 15 yards from him, later repeated the actions a couple of times as he was driving back on to to the main road from the market area.
He would not have paid much attention to the incident in isolation and he began to explain there had been a previous incident with Mr Fuller at Cork Circuit Court in 2003 but Judge James McNulty asked him to confine his evidence to the day in question.
Garda Kevin Kelleher said that he received a complaint from Mr Bailey about the matter on August 16th and he subsequently interviewed Mr Fuller who admitted that he had gesticulated at Mr Bailey but said he had used only one finger and it was because Mr Bailey was staring at him.
Mr Fuller told the court that Mr Bailey had previously worked with him in his landscape gardening business but that there was bad blood between them since 1997.
Every time since then that he saw Mr Bailey, Mr Bailey used to stare at him in a menacing manner.
"On this occasion, I decided to give him the gesture because this has been going on for a number of years - I just gestured at him, that was as far as it went, really - I have been made feel intimidated by Ian over the years - I feel he is trying to intimidate me," he said.
Judge McNulty said that both Mr Bailey and Mr Fuller himself admitted that there had been gestures made though they differed slightly in the detail but he did not believe that they were close enough for it to lead to fisticuffs and he did not believe it was threatening behaviour.
He believed Mr Fuller's behaviour amounted to "vulgar abuse" and while it was unwise, he did not believe it was intended to lead to a breach of the peace. He dismissed the charge but cautioned that if necessary at some future stage, one or other could be bound to the peace.
During Mr Bailey's libel action in 2003, Mr Fuller testified that he saw Mr Bailey's partner, Jules Thomas, at Kealfadda Bridge at around 11am on the morning that the body of Frenchwoman Sophie Toscan du Plantier was found. Ms Thomas said she never left the house that morning.
Mr Fuller also testified that Mr Bailey told him that he (Mr Fuller) fancied Mrs Toscan du Plantier but he actually believed that Mr Bailey was referring to himself when he said it and when he went on to say to him that "you did it, you killed Sophie".
In a separate case at the same court yesterday an assault charge against the husband of a key witness in the Ian Bailey libel action was yesterday adjourned after the court was told that a file had been prepared by gardaí on a second incident involving the same two parties.
Chris Farrell (51), from Ardmanagh, Schull, Co Cork, appeared on a charge of assaulting James McKenna at the Spar Supermarket car park at Main Street, Schull, on March 29th, 2005.
