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Court rules on gardaí's Bailey files

Ian Bailey - Had appealed a decision of the Master of the High Court
Ian Bailey - Had appealed a decision of the Master of the High Court

The High Court has refused an application by Ian Bailey to order gardaí to hand over detailed documentation for his action alleging that he was wrongfully arrested in relation to the murder of Sophie Toscan du Plantier.

Mr Bailey had appealed a decision of the Master of the High Court that the documents should not be released.

His Senior Counsel Martin Giblin told the High Court President, Mr Justice Nicholas Kearns, that there had been a campaign by gardaí to put pressure on Mr Bailey to confess to a crime he did not commit.

The Director of Public Prosecutions decided in July 2008 that Mr Bailey would not be prosecuted in relation to the killing.

Mr Bailey is suing the gardaí for unlawful arrest, false imprisonment, malicious prosecution, assault, battery and trespass to the person.

The documents he is seeking include documents and phone records relating to the media's presence at Bandon Garda Station when Mr Bailey was arrested, as well as documents relating to interviews carried out with shopkeeper Marie Farrell who later withdrew a statement that she had seen Mr Bailey on a bridge on the night in question.

He was also seeking documents relating to other people detained in connection with the murder and notes of interviews with other people, as well as details of communications from the gardaí to the DPP.

However, Mr Justice Kearns refused the application. He said there was still an ongoing investigation. It was not closed.

And he said that there was a new dimension to the matter following the successful application by the French authorities to extradite Mr Bailey in relation to the killing.

The decision to allow the extradition to go ahead is being appealed by Mr Bailey to the Supreme Court.

Mr Justice Kearns said Mr Bailey's lawyers could renew their application in relation to the documentation after the Supreme Court has made its decision.