Four gardaí to get transcripts of tapes Ian Bailey wants to inspect

Four gardaí are to be given transcripts of taped conversations at Bandon Garda station which relate to them, the High Court has ordered.

Mr Justice John Hedigan will next week deal with an application by Ian Bailey for liberty to inspect all transcripts of recordings of conversations between gardaí in Bandon and various people.

Mr Bailey also wants to inspect the original recordings. There are 130 of them, which vary in quality.

Mr Bailey is seeking inspection as part of continuing preparations for his action for damages against the State arising from the conduct of the Garda investigation into the murder of French film producer Sophie Toscan du Plantier in west Cork in 1996.

Mr Justice Hedigan ruled that four gardaí who were attached to the west Cork Garda division – retired detective garda Jim Fitzgerald, Garda Michael Coughlan, Garda William Byrne and Supt Liam Hogan – might inspect parts of the transcripts relating to them.

Rights of privacy

The judge said the order was unusual but seemed to follow logic as the rights of privacy of those mentioned in the transcripts would be protected.

A lever-arch file containing the transcripts was handed in to the court by the State. Conversations in the transcripts include those by gardaí and various journalists, it was stated in court.

Luan Ó Braonáin SC, for the State, said some journalists had identified themselves only by their first names but the State had written to the media organisations involved.

The court previously heard that retired detective garda Jim Fitzgerald was among 10 people who had written to the State asking that if the discovered communications related to them they should be told about that before permission was given to Mr Bailey to inspect them.

The judge was told Mr Fitzgerald, and three other gardaí, were represented in court.

Martin Giblin SC, for Mr Bailey, said he was “increasingly alarmed” about how proceedings were developing and was afraid his side would become “mired” in paper work with the hazard of Mr Bailey incurring extra legal costs.

Mr Justice Hedigan said he had to take into account, and respect, the privacy of those whose conversations may be overheard and examined, and must protect the constitutional rights of citizens.

While very conscious of Mr Bailey’s right to bring proceedings against the State, the court, where a conflicting right arose, had to balance that and take it into account.

The judge listed Mr Bailey’s inspection application for June 4th and also indicated that Mr Bailey’s full case would go ahead in the autumn.