THE STATE has indicated in the High Court that there is "a major issue" over the entitlement of a former senior inspector of taxes with the Revenue Commissioners to claim damages over the conduct of the Garda investigation into the still unsolved murder of his wife in 1992.
The State is claiming privilege over some 2,000 pages of documents in the case brought against it by James Livingstone, his son Conor and daughter Tara Beauchamp, arising from the investigation into the murder of Grace Livingstone at the family home in Malahide in 1992.
The action is listed for hearing on April 1st next and was mentioned before Mr Justice John MacMenamin yesterday for case management issues.
The judge adjourned issues concerning the State's claim of privilege over some 2,000 pages of documents. Hugh Hartnett SC, for Mr Livingstone, said his side wished to inspect these.
The privilege claim is expected to be decided next week.
The judge was also told by Shane Murphy SC, for the State, that there is a "major issue" whether Mr Livingstone is entitled to claim damages in the proceedings.
Mr Murphy added that a notice for particulars served on his side earlier this month seemed to be an attempt to expand the case.
Mr Livingstone (70) and his children claim gardaí were negligent and in breach of duty in the management of the investigation into the murder of his wife. The State denies the allegations.
In previous court hearings, John Rogers SC, for Mr Livingstone, said his client was exonerated by gardaí in an RTÉ Prime Timeprogramme of the murder of his wife. Counsel said it had been accepted by gardaí that Mr Livingstone was in the company of Art O'Connor on the occasion of his wife's death, had made a list of all his firearms and had accounted for his movements. Mr Livingstone had no part in the murder of his wife, the judge was told.
Mr Livingstone is claiming damages for alleged false imprisonment, abuse of legal process, abuse of power and/or misfeasance of public office, conspiracy and other matters.
All three plaintiffs are claiming damages for intentional or negligent infliction of emotional suffering, negligence, breach of duty and breach of constitutional rights.
Mr Livingstone, who worked in the investigation branch of the Revenue Commissioners, has said he supplied gardaí with the names of possible suspects because he had investigated them for unlawful activities.
In opposing the proceedings, gardaí deny that Mr Livingstone fully assisted them in their investigation and deny that his having no part in the murder of his wife were facts which ought reasonably to have been known to gardaí or ascertained by them.
