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Wednesday 1 October 2014

Four gardai to receive tapes before Ian Bailey, High Court rules

Tim Healy

Published 26/05/2014 | 13:00

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Ian Bailey
Ian Bailey

Four gardai are to receive transcripts of tapes of conversations at Bandon Garda station before Ian Bailey who is suing the State for damages following a High Court ruling today.

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Mr Bailey wants to inspect the recordings and transcripts of them, as part of continuing preparations for his action for damages against the State arising from the conduct of the Garda investigation into murder of French film-maker Sophie Toscan du Plantier in west Cork in 1996.

He will now have to wait until the High Court decides on his application to inspect the transcripts in nine days time.

Mr Justice John Hedigan today ruled that the four gardai who were represented in court - retired Det Garda Jim Fitzgerald,  Garda Michael Coughlan, Garda William Byrne and Supterintendent Liam Hogan who were all attached to the West Cork garda division- are to be allowed inspect the part of the transcripts which relates to them..

The judge said it was unusual but it seemed to follow a logic as the rights of privacy of those mentioned in the transcirpts would be protected.

A lever arch file containing the transcrips was also handed in to the court by the State.

The judge was told the State had notified a number of people whose conversations had turned up in the transcripts including gardai and various journlaists.

Counsel for the State Luan O'Braonain SC said it was difficult in relation to the journalists as some had identified themselves by their first name only but the State had written to the organsiations involved.

Mr Justice Hedigan said the State could only do its best and the people had to be notified out of respect for their right to privacy.

Retired Detective Garda Jim Fitzgerald was among ten of people who had written to the State asking that, if the discovered communications related to them in any way, they should be given prior notice of that before any permission is given to Mr Bailey to inspect them.

The judge was told Mr Fitzgerald along with three other gardai were represented in court.

Counsel for ian Bailey Martin Giblin Sc said he was "becoming increasingly alarmed" at the proceedings and and he was afraid his side would become "mired" in paper work with the hazard for Ian Bailey of incurring extra legal costs.

Mr Justice Hedigan said he had to take in to account and respect the privacy of those whose conversations may be overheard and examined. The judge said he had the constitutinal rights of citizens to protect.

The judge said he was very conscious of Mr Bailey's right to bring proceedings against the State,  but where a conflicting right arises  he had to balance that and take it in to account.

The judge also indicated the case will go before a jury in the Autumn.

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