Ian Bailey is to seek damages for wrongful arrest irrespective of the outcome of a Garda review, writes Barry Roche
Ian Bailey is to proceed with his action against the State for wrongful arrest for the murder of Sophie Toscan du Plantier irrespective of the findings of a review of the Garda handling of the murder inquiry, The Irish Timeshas learned.
Mr Bailey's solicitor, Frank Buttimer, confirmed he will proceed with a legal action for damages on behalf of Mr Bailey against the State for what he has described as "Garda misbehaviour in the case". He said the action would be brought irrespective of whether a review by Assistant Garda Commissioner Ray McAndrew finds any evidence of wrongdoing by gardaí in their identifying of Mr Bailey as a suspect for Ms Toscan du Plantier's murder and his later arrest. The solicitor said he expected it would be 12-18 months before the case is heard at the High Court.
Mr Buttimer told the The Irish Times: "These claims for damages will certainly proceed to full hearing in relation to what was done to him by the State and agents of the State with regard to why he was selected as the offender in this case and the consequences he suffered as a result of being falsely labelled the offender."
Mr McAndrew is finalising his report after Garda Commissioner Noel Conroy ordered a review following a complaint from Mr Buttimer that his client was wrongly arrested on foot of false statement made by a witness, Marie Farrell.
Ms Farrell told gardaí she saw Mr Bailey at Kealfadda Bridge, more than a mile from Ms Toscan du Plantier's home, on the night she was murdered. She has since withdrawn this statement and alleged she was pressurised by gardaí into implicating Mr Bailey.
The brother of Ms Toscan du Plantier refused yesterday to attach any importance to Mr Bailey's settlement of his libel action against six newspapers.
Bertrand Bouniol said: "It isn't very easy for us to understand the process and each step of the action, especially as we have only partial information and the fact that it is in Ireland, with a different language and a different justice system.
"But whatever the conclusion of this civil action, the fact remains that my sister was murdered 10 years ago and we still don't know what happened that night.What happened today doesn't really mean anything to us. Our main request to Ireland is that the Irish police will arrest the murderer and the Irish justice system does its job."
Mr Bailey was arrested in February 1997 and January 1998 for questioning but was released without charge on each occasion. He has continually protested his innocence of any involvement in her killing.
It was speculated that the decision to withdraw the action and reach a settlement followed an allegation made by Mr Bailey on Thursday that the newspapers had called Ms Farrell to testify, knowing that her statements to gardaí were false.
The allegation was rejected by Paul Gallagher SC for the newspapers, who said it was "wholly false". Mr Justice Brian McGovern said "a very serious imputation" had been made against counsel and solicitors for the newspapers.
Mr Bailey's counsel, Tom Creed SC, told the court he was not aware such an allegation was going to be made.