Bailey to be given names of gardaí who sought prosecution

Friday 09 May 2014 22.32
Ian Bailey is claiming damages for wrongful arrest
Ian Bailey is claiming damages for wrongful arrest

The Director of Public Prosecutions has agreed to give Ian Bailey the names of three gardaí alleged to have asked a State Solicitor to put pressure on a former DPP to prosecute Mr Bailey for the murder of Sophie Toscan du Plantier.

Ms Du Plantier, a French film-maker, was murdered in west Cork in 1996.

The three gardaí were referred to by former DPP Eamonn Barnes in a document expressing concern about aspects of the garda investigation into the murder of Ms Toscan du Plantier.

Mr Bailey's lawyers are also to get the full copy of that document.

They previously received a redacted version.

Mr Barnes's document came to light during Supreme Court extradition proceedings in 2012.

The court refused to extradite Mr Bailey to France.

Mr Bailey has always denied any involvement in the murder. 

His civil action before a High Court judge and jury, in which he is claiming damages against the State for wrongful arrest and other grounds, is set to take place towards the end of this year.

His partner Jules Thomas has also sued for damages over her arrest during the murder investigation.

As part of preparations for that civil action, he had requested various documents, including the unredacted Barnes dossier, which would include the names of the gardaí whose identities had been redacted.

Mr Bailey's Senior Counsel Martin Giblin today told the High Court that agreement had been reached on the application for discovery and his side very much appreciated the attitude of the DPP in that regard.

The documents were to be produced within one week, the court heard.

Sunniva McDonagh SC, for the DPP, confirmed agreement.

Later this month, the court will deal with another pre-trial application by Mr Bailey to inspect recordings of phone calls between various individuals, including journalists, with gardaí in Bandon Garda Station.

Ten people, including retired Detective Garda Jim Fitzgerald, of Bandon, have written to the State concerning the application, asking for prior notice if the communications to be released for inspection relate to them in any way.

Mr Justice John Hedigan has directed such notice be provided and listed the recordings application for hearing on 26 May.

Today, the judge granted a formal order to Paul Anthony McDermott BL, for the Garda Commissioner, allowing his side release to Mr Bailey's solicitor Frank Buttimer the addresses of those persons who had sought prior notice of the 26 May application for the purpose of informing them about it.

Mr Giblin said he was not to be taken as conceding those parties had any legal standing in this matter.

Some of those were gardaí and others may be journalists, he said.