IAN BAILEY, who was released without charge after being arrested in connection with the murder of Sophie Toscan du Plantier in west Cork 13 years ago, is seeking the detailed Garda investigation files into that murder for his High Court action against the Garda and State seeking damages for wrongful arrest, assault and “terrorising and oppressive behaviour”.
Mr Bailey is also seeking the report of the review by Assistant Garda Commissioner Ray McAndrew into the Garda handling of the investigation.
The internal Garda review was ordered in late 2005 by then Garda commissioner Noel Conroy after Mr Bailey’s solicitor, Frank Buttimer, expressed concern Mr Bailey was arrested on foot of a statement made by a shopkeeper in Schull, Marie Farrell, which she later withdrew. In July 2008, the DPP decided there would be no prosecutions on foot of the McAndrew report.
The proceedings arise from the murder of Ms Toscan du Plantier whose body was found with severe head injuries near a gate and laneway leading to her holiday home at Toormore, near Schull, on the morning of December 23rd, 1996. Arising from his arrest by investigating gardaí in February 1997 and January 1998, Mr Bailey in 2007 initiated a civil action against the Garda Comissioner, the Minister for Justice, Equality and Law Reform, and the State.
He 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.
Yesterday the master of the High Court, Edmund Honohan, agreed to adjourn for six weeks a discovery application by Mr Bailey. The adjournment was sought by the authorities and agreed to by Mr Bailey’s side.
Martin Giblin SC, for Mr Bailey, said they were anxious the matter proceed in December.
Mr Bailey wants the defendants to discover all documents, reports, records, statements, notes and memoranda of interviews generated by gardaí in their investigation. He also wants all material related to other persons detained in connection with the murder.
Mr Buttimer, solicitor for Mr Bailey, in explaining why they want all material related to the McAndrew report, plus the report itself, said Marie Farrell was one of the main witnesses relied on by gardaí in relation to Mr Bailey’s arrest in connection with the murder of Ms Toscan du Plantier.
Ms Farrell had made a statement claiming to have seen Mr Bailey on the night of the murder in an area close to where it took place, Coolfada Bridge, Goleen, Mr Buttimer said. Later, she publicly announced no such sighting took place by her of Mr Bailey and that her statement or statements came about at the instigation or insistence of members of the Garda. That had led to the McAndrew review.
Mr Bailey believed no case of any sort could be made against him save for the existence of Ms Farrell’s statement and therefore the McAndrew report was of critical signficance to how gardaí had arrested and interrogated Mr Bailey, Mr Buttimer said.
His side believed, if there was “a proper investigation” by Assistant Commissioner McAndrew, this would corroborate the allegations made by Mr Bailey against the defendants. Mr Bailey wanted the Garda investigation file documents to evaluate what evidence gardaí had of his possible involvement in the murder, Mr Buttimer added. Mr Bailey claimed he was wrongfully arrested on February 10th, 1997, and January 22nd, 1998, when there was no bona fide suspicion to ground those arrests which, he alleged, were attenuated by malice.
Mr Bailey was also seeking all work and duty rosters of a large number of gardaí in light of his claims certain gardaí were involved in “a litany of assaults, intimidation and harassment of him”. Other documents were sought to support his claim that his January 1998 arrest was achieved by false allegations made by gardaí to the effect he was in some way threatening Ms Farrell.
Documents are also sought relating to any money and/or inducements paid to a named man whom Mr Bailey alleges was recruited by the defendants to get him to acquire an admission of guilt from Mr Bailey.
Mr Bailey alleges gardaí paid that man in cash and cannabis.
