Thursday 29 September 2016

State bid to halt Ian Bailey's partner's 'wrongful arrest' claim adjourned again

Published 22/06/2015 | 11:34

Jules Thomas
Jules Thomas

The State's bid to prevent Jules Thomas, partner of Ian Bailey, proceeding with her action for damages over her alleged wrongful arrest by gardai investigating the late 1996 murder of Sophie Toscan du Plantier has again been adjourned at the High Court.

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The adjournment was agreed today in a context where Ms Thomas has an appointment to see a psychiatrist in early July after which an affidavit is to be filed on her behalf, Mr Justice John Hedigan was told.

Paul O'Higgins SC, for the State, and Ronan Munro BL, for Ms Thomas both agreed the matter could be adjourned to July 23rd.

In April, lawyers for the Garda Commissioner and State had indicated they intended to apply to have Ms Thomas's claim for wrongful arrest on dates in 1997 and 2000 struck out on grounds it was brought outside the applicable six year legal time limit.

The State had made a similar application in Mr Bailey's case. That application was made in late March, towards the end of the hearing of Mr Bailey's 64 day action for damages, and was granted by Mr Justice Johhn Hedigan.

The judge permitted Mr Bailey's claim that gardai conspired to implicate him in the murder of Ms du Plantier to go to the jury for consideration. 

The jury unanimously dismissed that claim.

The judge later directed Mr Bailey must pay the costs of the action, which legal sources estimate could be as high as €5m.

Also today, the judge agreed to adjourn for a week separate proceedings over alleged contempt brought by the Garda Commissioner and State against Penfield Enterprises, publishers of The Phoenix magazine,  arising from coverage of Mr Bailey's proceedings

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