JAMES LIVINGSTONE'S High Court action against the State over the conduct of the Garda investigation into his wife's murder was settled yesterday on its fifth day, write Alison Healyand Conor Lally.
The court heard that gardaí accepted that Mr Livingstone (70) was entitled to the "full and unreserved presumption of innocence".
The terms of the settlement were not disclosed but two sources said it included a donation towards Mr Livingstone's costs. Mr Livingstone would not say if the settlement also involved a cash award but said "we're very pleased with the end of this".
Mr Livingstone said the clouds had been lifted from the family after many "dark days". He also called on the Garda to find his wife's killer.
Grace Livingstone was bound, gagged and shot in the head in the family home at The Moorings, Malahide, on December 7th, 1992.
Mr Livingstone, who was a senior tax inspector, raised the alarm after he returned from work at 5.50pm and found her body face down on the bed in the main bedroom.
He claimed that gardaí were guilty of negligence and breach of duty in the management of the investigation because they had an irrational fixation that he was the killer. He was joined in the action by his daughter Tara Beauchamp and son Conor.
Liam Reidy SC, for the Minister for Justice, told the court: "An Garda Síochána accept that the murder of Grace Livingstone was a tragedy for all the plaintiffs.
"The murder of Grace Livingstone caused great suffering to the plaintiff and the investigation was a very difficult time for them. An Garda Síochána confirms that at no stage has it recommended to the DPP that Mr Livingstone be prosecuted for the murder of his wife.
"Notwithstanding the diligent and exhaustive investigations carried out in this matter, An Garda Síochána can confirm that Mr James Livingstone is entitled to the full and unreserved presumption of innocence."
He said the case was being struck out. Mr Justice John Mac Menamin thanked the legal teams for Mr Livingstone, the Attorney General and the Minister for Justice. He said he recognised it was "an extremely difficult and complicated" case. "I'd like to say that I think the parties were well advised by their counsel in the resolution of this matter," he added.
Afterwards, Mr Livingstone became tearful when asked if his wife would have been proud of him and her children for taking the action. "I think she would," he said in a voice choked with emotion, and his children nodded. "This has been a long, long haul for all of us. After 15 years we have now established that I am not a suspect for the murder of their mother and my wife."