Ian Bailey has applied for access to the Garda investigation files into a murder as part of his High Court action against the Garda and State seeking damages for wrongful arrest, assault and “terrorising and oppressive behaviour”.
Mr Bailey was released without charge after being arrested in connection with the murder of Sophie Toscan du Plantier in west Cork 13 years ago
He 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 Commissioner, the Minister for Justice, Equality and Law Reform, and the State.
Mr Bailey 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.
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 defendants and agreed to by Mr Bailey’s side. Marin Giblin SC, for Mr Bailey, said they were very 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.
Frank 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 on suspicion of being the murderer of Ms Toscan du Plantier.
