An appeal has been lodged on behalf of gardaí carrying out a review of the Garda investigation into the murder of Sophie Toscan du Plantier against a court decision to return certain notebooks and other items to English journalist Ian Bailey.
Mr Bailey applied under the Police Property Act earlier this year for the return of items, including diaries and notebooks, seized by gardaí when he was arrested in February 1997 and January 1998 for questioning about the death of French woman Ms Toscan du Plantier.
On November 29th, State solicitor for west Cork Malachy Boohig told Judge James McNulty at Bandon District Court that the State would not contest the return of items seized from Mr Bailey of The Prairie, Liscaha, Schull.
When the matter came up for finalisation before Judge McNulty two days later, Mr Boohig confirmed that the Garda team investigating the murder of Ms Toscan du Plantier had no wish to retain Mr Bailey's property any longer.
However, Mr Boohig said that an inquiry team set up by Garda Commissioner Noel Conroy to review the original Garda handling of the investigation had made it known that it wished to retain items seized from Mr Bailey to assist it in its review.
Judge McNulty ruled against the State and ordered the State to return the items to Mr Bailey at the office of his solicitor, Frank Buttimer, in Cork city within 14 days.
However, The Irish Timeshas learned that Supt Liam Horgan of Bantry Garda station has lodged an appeal on behalf of the review team against Judge McNulty's order and has sought instead to have the items retained until its review is completed.
Judge McNulty, when ordering the return of the items, said that given that Mr Bailey had sought the inquiry, he would presumably have no problem making the material available to the review team if he wanted his complaint fully investigated.
Although Supt Horgan is not involved in the review of the original Garda investigation, he lodged the appeal against the order because he was the named respondent in Mr Bailey's application under the Police Property Act.
The appeal is likely to be held at Bandon Circuit Court some time in the new year. The review team is expected to have its report completed early in the new year and forwarded to Mr Conroy.
