English journalist Ian Bailey, arrested twice for questioning about the murder of Frenchwoman Sophie Toscan du Plantier in west Cork 10 years ago, is to get back items seized by gardaí as part of the investigation.
Mr Bailey of The Prairie, Liscaha, Schull, yesterday successfully obtained an order under the Police Property Act for the return of notebooks and other items seized by gardaí following his arrests in February 1997 and January 1998 for questioning about the killing.
State solicitor for west Cork Malachy Boohig told Bandon District Court that the Garda team investigating the murder of du Plantier had no wish to retain Mr Bailey's property any longer and had no difficulty returning them to him.
However, he had been contacted on Thursday by Supt Liam Horgan of Bantry Garda station, who informed him that a team established by Commissioner Noel Conroy to review the Garda handling of the murder inquiry was seeking to have the items retained.
Supt Liam Horgan told the court he had spoken to the exhibits officer in the murder inquiry on Wednesday and he discovered some items had been taken by the review team as part of their inquiry, and that was the first he knew of that.
Mr Bailey's solicitor, Frank Buttimer, said the State had already consented in court on Wednesday that the items were to be returned to Mr Bailey and they could not now renege on that agreement, which was made without conditions.
Judge James McNulty agreed and ordered the State to return the items to Mr Bailey at Mr Buttimer's office in Cork city within 14 days and he said that Mr Bailey should be present to confirm receipt of all the items.
He said that, given the review team had been set up in response to Mr Bailey's complaint about the original investigation, he should have no problem making available any items reasonably requested by the review team to ensure that the complaint was fully investigated.