AN APPLICATION by journalist Ian Bailey aimed at getting access to Garda files for his High Court action over alleged wrongful arrest in connection with the murder of Sophie Toscan du Plantier will be heard next February.
The president of the High Court, Mr Justice Nicholas Kearns, yesterday adjourned for hearing next February an appeal by Mr Bailey against the High Court Master’s refusal of his application for disclosure of certain documents sought by him for his action.
Mr Bailey is also opposing a separate application for his extradition to France for questioning about matters in connection with the death of Ms Toscan du Plantier at her holiday home in Schull west Cork on December 23rd, 1996.
Mr Bailey initiated a civil action in 2007 against the Garda Commissioner, the Minister for Justice, Equality and Law Reform, and the State over his arrest here in February 1997 and January 1998.
This followed an internal Garda review which was ordered in late 2005 by then Garda Commissioner Noel Conroy after Mr Bailey’s solicitor, Frank Buttimer, expressed concern that Mr Bailey was arrested on foot of a statement made by a shopkeeper Marie Farrell, which she later withdrew.
In July 2008, the DPP decided there would be no prosecutions after the report by Assistant Garda Commissioner Ray McAndrew.
In his civil action, Mr Bailey claims he suffered severe personal injuries and is seeking damages, including aggravated and punitive damages, for unlawful arrest, false imprisonment, malicious prosecution, assault, battery and trespass to the person.
He also alleges intentional infliction of emotional and psychological harm, harassment, intimidation and terrorising and oppressive behaviour. He has sought access to the McAndrew report into the Garda handling of the murder investigation.
He also wants the State to provide discovery of all documents, reports, records, statements, notes and memoranda of interviews generated by gardaí in their investigation.
All material related to other persons detained in connection with the murder is also being sought.