Ian Bailey to get documents by September in case alleging wrongful arrest

Documents being sought by Ian Bailey and his partner Jules Thomas for their separate legal actions against the Garda are to be handed over by the end of September, the High Court has heard.

Mr Bailey, whose extradition to France in connection with the 1996 murder in west Cork of French film-maker Sophie Toscan du Plantier was refused by the Supreme Court, previously obtained an order requiring the State to disclose documents for his action seeking damages over alleged wrongful arrest and personal injuries.

Yesterday Ms Thomas was granted a similar order for disclosure for her case.

Mr Justice John Hedigan also granted the State’s application for more time to get the material together and directed it should be provided by September 30th.

Sworn statements
In response to a request from Martin Giblin SC, for Mr Bailey and Ms Thomas, Paul O'Higgins SC, for the State, agreed sworn statements of certain State parties would be handed over earlier if they became available.

Mr Justice Hedigan also approved a number of amendments to orders seeking discovery to facilitate speedier discovery.

'Very disturbing'
Both Mr Bailey and Ms Thomas claim they were wrongfully arrested during the Garda investigation into the murder of Ms Toscan du Plantier. Last May Mr Justice Hedigan ruled discovery of documents for Mr Bailey's case was justified given what the judge described as "very disturbing" and "unusual" matters related to the Garda investigation.

Some 20,000 documents are being examined by State parties to assess their relevance. The material includes all correspondence relating to Mr Bailey between former Director of Public Prosecutions Eamonn Barnes (after his retirement) and his successors, James Hamilton and Claire Loftus; the Minister for Justice, the Attorney General and gardaí.

Mr Barnes had expressed concern senior gardaí were engaged in a “persistent” and “grossly improper” attempt “to achieve or even force” a prosecution of Mr Bailey for the murder.

Mr Bailey, who has always denied any involvement, is seeking to establish the identities of gardaí who allegedly attempted to ensure his prosecution with a view to possibly subpoenaing them to give evidence in his action. He may also subpoena Mr Barnes who sent an email in October 2011 to then DPP James Hamilton.

In the email, Mr Barnes said a former State solicitor for west Cork, Malachy Boohig, had told Mr Barnes in 1998 that a senior garda had asked him to ask then minister for justice John O’Donoghue to approach the DPP with a view to securing a prosecution of Mr Bailey.

Mr Boohig had said he did not contact the Minister, while Mr Barnes said in his email that both he and Mr Boohig had agreed “the evidence came nowhere near to warranting a charge against Bailey”.