THE HIGH Court has ruled Ian Bailey is not entitled at this stage to certain Garda files and documents for his action over alleged wrongful arrest in connection with the murder of French film maker Sophie Toscan du Plantier in west Cork in 1996.
The president of the High Court, Mr Justice Nicholas Kearns, said yesterday he was refusing the discovery application “at this stage” because the Garda investigation into the murder was not closed and other events had intervened, with the Supreme Court yet to decide Mr Bailey’s appeal against his extradition.
It would be “most inappropriate” to direct a trawl through the Garda investigation when a trial may yet take place in another jurisdiction and Mr Bailey’s own position could be prejudiced, the judge said. If the Supreme Court rules against the extradition, Mr Bailey’s lawyers may renew the discovery application, he added.
Mr Bailey (53), The Prairie, Schull, Co Cork, initiated his civil action in 2007 against the Garda Commissioner and the State over his arrest in February 1997 and January 1998. He is claiming damages over alleged unlawful arrest, false imprisonment, malicious prosecution, assault and battery, and harassment.
His proceedings followed an internal Garda review ordered in 2005 after Mr Bailey’s solicitor complained Mr Bailey was arrested on foot of a statement which was later withdrawn. The review was carried out by assistant garda commissioner Ray McAndrew who recommended a prosecution. In 2008, the DPP decided there would be no prosecution.
For his action, Mr Bailey sought discovery of several categories of documents, including the McAndrew report, but that was refused by the Master of the High Court.
Appealing against that refusal yesterday, Martin Giblin SC, for Mr Bailey, said 10 categories of documents sought were relevant and necessary for a fair trial.
Opposing the application, Paul Anthony McDermott, for the State, said this application came in circumstances where the Garda file on the killing of Ms Toscan du Plantier was still open, the murderer had not been found and there had been developments since the master’s ruling, with an outstanding appeal by Mr Bailey against his extradition to France. He said he wanted to make clear Mr Bailey is presumed innocent and the DPP had not directed his prosecution. It was difficult to see how a civil case could be run here when there was a potential threat of proceedings in France, he said.
