Tuesday 20 February 2018

DPP will hand over names of three gardai alleged to have pushed for Ian Bailey prosecution

Ian Bailey
Ian Bailey

Dearbhail McDonald Legal Editor

THE Director of Public Prosecutions has agreed to hand over the names of three senior gardai alleged to have asked a State Solicitor to put pressure on a former DPP to prosecute journalist Ian Bailey for the murder of French filmmaker Sophie Toscan duPlantier.

The three gardai 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.

That document was put before the Supreme Court in 2012 in extradition proceedings concerning Mr Bailey which culminated in a refusal to extradite him to France.

Mr Bailey, who is suing the State for wrongful arrest, has sought an unredacted copy of a memo which identifies the three gardai and other parties which potentially includes journalists.

Mr Bailey has always denied any involvement in the murder.

The matter came before the High Court this morning where Mr Justice John Hedigan heard that an agreement has been reached between Mr Bailey and the Office of the DPP.

These documents will be furnished within one week, Judge Hedigan was told by Martin Giblin, Senior Counsel for Mr Bailey.

Paul Anthiny McDermott, barrister for the Garda Commissioner, sought clarification that the names and addresses of what were described as "interested parties" should be handed to Mr Bailey's legal team.

Judge Hedigan ruled that these details should  be handed over.

Separately, 10 people, including a retired detective garda, want to be notified if they are among those whose phone call recordings are inspected as part of journalist Ian Bailey's case against the State.

 Mr Bailey wants to inspect the recordings, and transcripts of them, as part of continuing preparations for his action for damages arising from the conduct of the garda investigation into murder of Ms du Plantier in west Cork in 1996.

That matter has been adjourned.

Mr Bailey's civil action before a High Court judge and jury is unlikely to take place before late this year at the earliest.

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

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