It was "inconceivable", given the circumstances of the "execution" of Ms Grace Livingstone at her home in Malahide, Co Dublin, in 1992, that her husband James should not be considered a suspect, counsel for the State told the High Court yesterday.
Mr Vincent Foley made the remarks when opposing an application by Mr Livingstone, for discovery of Garda documents relating to the investigation. The Livingstone family want the documents, including the Garda file, for use in a civil action for damages against the State. Mr Foley said the investigation was continuing and it would be damaging to release the file.
The discovery application concluded yesterday and Mr Justice Murphy reserved judgment. Mr Foley disputed a statement by Mr John Rogers SC that Mr Livingstone was exonerated by gardaí in an RTÉ Prime Time programme.
Mr Livingstone of "The Moorings", Malahide, Co Dublin, with his daughter Tara Beauchamp and his son Conor, have issued a claim for damages against the State over the conduct of the Garda investigation. Yesterday, Mr Rogers said it had been accepted by the Garda that Mr Livingstone was in the company of Mr Art O'Connor when his wife died.