DPP agrees to give names of gardaí to Bailey

Gardaí referred to by former DPP who was concernedabout aspects of investigation

IThe DPP has agreed to give Ian Bailey the names of three gardaí alleged to have asked a State Solicitor to put pressure on a former DPP to prosecute Mr Bailey. Photograph: Matt Kavanagh/The Irish Times
IThe DPP has agreed to give Ian Bailey the names of three gardaí alleged to have asked a State Solicitor to put pressure on a former DPP to prosecute Mr Bailey. Photograph: Matt Kavanagh/The Irish Times

The Director of Public Prosecutions has agreed to give Ian Bailey the names of three gardaí alleged to have asked a State Solicitor to put pressure on a former DPP to prosecute Mr Bailey for the 1996 murder of French film-maker Sophie Toscan du Plantier in west Cork.

The three gardaí 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.

Mr Bailey’s lawyers will also get the full copy of that document. Previously they received a redacted version.

Mr Barnes' 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.

READ MORE

Mr Bailey has always denied any involvement in the murder.

His 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.

As part of preparations for that civil action, he had sought documents including the names of the gardaí whose identities had been redacted from Mr Barnes document and the full document.

Martin Giblin SC, for Mr Bailey, today said he was happy to say agreement had been reached on the application for non-party discovery and his side very much appreciated the attitude of the DPP in that regard.

The documents were to be discovered within one week, the court heard. Sunniva McDonagh SC, for the DPP, confirmed agreement.

Later this month, the court will deal with another pre-trial application by Mr Bailey to inspect recordings of phone calls between various individuals, including journalists, with gardaí in Bandon Garda station.

Ten people, including retired Detective Garda Jim Fitzgerald, of Bandon, have written to the State concerning the application, asking that, if the discovered communications relate to them in any way, they should be given prior notice of that before any permission is given to Mr Bailey to inspect them.

Mr Justice John Hedigan has directed such notice should be provided and listed the recordings application for hearing on May 26th.

Today, the judge granted a formal order to Paul Anthony McDermott BL, for the Garda Commissioner, allowing his side release to Mr Bailey's solicitor Frank Buttimer the addresses of those persons who had sought prior notice of the May 26th application for the purpose of informing them about it.

Mr Giblin said he was not to be taken as conceding those parties had any legal standing in this matter. Some of those were gardaí and others may be journalists, he said.

The court previously heard there were 130 recordings of “differential quality”, including recordings of conversations between gardaí and journalists.

Transcripts of those had been made.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times