Journalist Ian Bailey has subpoenaed a senior Garda officer - who is heading a review of the Garda investigation of the murder of Frenchwoman Sophie Toscan du Plantier - to give evidence on his behalf in his libel appeal against five newspaper publishers.
Mr Bailey's lawyers have subpoenaed Assistant Commissioner Ray McAndrew to attend Mr Bailey's appeal, which starts today in the High Court in Cork and which is expected to hear evidence from more than 40 witnesses and to last two to three weeks.
Mr McAndrew was appointed by Garda Commissioner Noel Conroy in October 2005 to carry out a review of the Garda investigation into the murder of Ms Toscan du Plantier following complaints by Mr Bailey's solicitor, Frank Buttimer.
Mr Bailey (50), The Prairie, Liscaha, Schull, Co Cork, was twice arrested for questioning on the murder of Ms Toscan du Plantier, whose badly beaten body was found near her holiday home at Toormore, Schull, on December 23rd, 1996.
However, he was released without charge on each occasion and has denied any involvement in the murder.
In October 2005 Mr Buttimer wrote to Mr Conroy expressing concern about the manner and basis upon which his client was arrested.
He said his client had been arrested on foot of a statement that has since been withdrawn by shopkeeper Marie Farrell, who alleges she was pressurised into making the statement by gardaí investigating the killing.
Ms Farrell told gardaí she saw Mr Bailey at Kealfadda Bridge on the night Ms Toscan du Plantier was murdered, but she has since insisted that this statement is false.
Now it has emerged that Mr Bailey's lawyers are seeking to question Mr McAndrew about his review in the belief that it will support their case that Mr Bailey was libelled by the five newspapers when they linked him to Ms Toscan du Plantier's death.
Mr McAndrew's review is due to be completed by the end of the month but it was unclear yesterday what attitude the Garda will take to the attempt by Mr Bailey's legal team to have Mr McAndrew reveal any of his findings in court.
The Irish Times has also learned that neither the newspapers nor Mr Bailey have opted to call Ms Farrell as a witness following the withdrawal of her statement.
Ms Farrell's evidence was identified by Judge Patrick Moran as being crucial to the newspapers' case during Mr Bailey's action for damages in Cork Circuit Court in January 2004 when he lost against five titles and won minor damages against two others.She has also withdrawn statements made during the libel action that she was threatened by Mr Bailey on a number of occasions over making her statement to the Garda.
Mr Bailey's lawyers have also subpoenaed a travel agent from Loughrea, Co Galway, Maurice Sweeney, who claims he passed on information to the Garda in 1997 about a Frenchman whom he believed may be linked to the murder but that the Garda failed to act on his information.
