The solicitor for Ian Bailey has said they are continuing with their efforts to have the State hand over materials relating to the investigation into the murder of Sophie Toscan du Plantier.
Mr Bailey has accused gardaí of trying to frame him for the murder of Ms Du Plantier near her west Cork holiday home in December 1996.
He has brought a civil case against the State, along with his partner Jules Thomas, in relation to the investigation.
His solicitor, Frank Buttimer, said the civil case alleges that there was a conspiracy to secure the improper prosecution of Mr Bailey based on improper garda practices.
Speaking on RTÉ's Morning Ireland, he said he became formally aware of garda recordings of phone calls during discovery proceedings last year.
Mr Buttimer confirmed that the discovery process was ongoing.
According to court documents seen by RTÉ’s This Week, gardaí recorded phone conversations with two main witnesses during the Du Plantier investigation.
Recordings were made of conversations between gardaí and Marie Farrell, a shopkeeper in Schull in west Cork, and also between gardaí and Martin Graham, who was an acquaintance of Mr Bailey.
Mr Buttimer said he and his client would be seeking to have the High Court adjudicate on a claim that the State is making with regard to the issue of privilege.
He said the State is claiming that it is in the public interest that "certain significant materials" should not be handed over to the defence.
Mr Buttimer said they would be arguing that public interest is defeated by malpractice.