State’s bid to prevent action by Jules Thomas to be heard in October

Partner of Ian Bailey is pursuing action for damages over her alleged wrongful arrest

Jules Thomas: the judge fixed the State’s application for hearing on October 6th. Photograph: Courts Collins

Jules Thomas: the judge fixed the State’s application for hearing on October 6th. Photograph: Courts Collins

 

The State’s bid to prevent Jules Thomas, partner of Ian Bailey, proceeding with her action for damages over her alleged wrongful arrest by gardaí investigating the1996 murder of Sophie Toscan du Plantier will be heard in the High Court later this year.

Mr Justice John Hedigan fixed the State’s application for hearing on October 6th.

The judge directed no further requests for discovery of documents be made until the issue as to whether Ms Thomas’s case is statute-barred – brought outside the applicable six-year legal time – is decided. He said he would not like any further costs to be incurred.

Paul O’Higgins SC, for the State, had asked all requests for discovery by Ms Thomas’s side be stalled until after determination of the issue.

Counsel said the State had been asked in a letter to discover documents in 11 different categories.

Lawyers for the Garda Commissioner and the State had indicated last April they intended to apply to have Ms Thomas’s claim for wrongful arrest on dates in 1997 and 2000 struck out on time limit grounds .

The State had made a similar application in Mr Bailey’s case. That application was made in late March, towards the end of the hearing of his 64-day action for damages, and was granted by Mr Justice Hedigan.

He permitted Mr Bailey’s claim gardaí conspired to implicate him in the murder to go to the jury for consideration. The jury dismissed that claim.