The DPP has agreed to give Ian Bailey the names of three gardaí alleged to have asked a State solicitor to put pressure on a former DPP to prosecute Mr Bailey for the 1996 murder of French film-maker Sophie Toscan du Plantier in west Cork.
The three gardaí were referred to by former director of public prosecutions Eamonn Barnes in a document expressing concern about aspects of the Garda investigation into the murder of Ms Toscan du Plantier.
Mr Bailey’s lawyers previously received a copy of that document but the names of the gardaí and certain other parts of the document, were redacted or blacked out. They will now get an unredacted copy of the document along with other documents sought.
Mr Barnes's document was put before the Supreme Court in 2012 in extradition proceedings concerning Mr Bailey which culminated in a refusal to extradite him to France.
Mr Bailey has always denied any involvement in the murder and has sued the State and Garda for damages arising from his arrest. His civil action before a High Court judge and jury is unlikely to take place before late this year at the earliest. His partner Jules Thomas has also sued for damages arising from her arrest during the murder investigation.
As part of preparing for the civil action, Mr Bailey had brought an application seeking the unredacted document of Mr Barnes, with other documents.
Non-party discovery
Senior counsel Martin Giblin, for Mr Bailey, told Mr Justice John Hedigan yesterday agreement had been reached on the application for non-party discovery and his side very much appreciated the attitude of the DPP in that regard. The documents were to be discovered within one week, the court heard. Senior counsel Sunniva McDonagh, for the DPP, confirmed the agreement.
Later this month, the court will deal with another pre-trial application by Mr Bailey to inspect recordings of phone calls between various individuals, including journalists, with gardaí in Bandon Garda station.
Ten people, including retired detective garda Jim Fitzgerald of Bandon, have written to the State asking that, if the discovered communications relate to them in any way, they should be given prior notice before any permission is given to Mr Bailey to inspect them.
Mr Justice Hedigan previously directed such notice should be provided and listed the recordings application for hearing on May 26th.
Yesterday, the judge granted a formal order to Paul Anthony McDermott, for the Garda Commissioner, allowing his side release to Mr Bailey’s solicitor, Frank Buttimer, the addresses of those persons who had sought prior notice of the May 26th application for the purpose of informing them about it if they feature in the recordings.
