Lawyers for Ian Bailey want court orders requiring the Garda and State to hand over documents which they say support claims of malice against Mr Bailey in the Garda investigation into the murder in west Cork in 1996 of French film-maker Sophie Toscan du Plantier.
Mr Bailey’s solicitor Frank Buttimer said materials disclosed by the State for Mr Bailey’s successful appeal against extradition suggested at least one senior garda may have tried to put pressure on the DPP to prosecute Mr Bailey.
The materials also referred to the Garda Síochána “engendering hysteria” in the local community due to portrayal of Mr Bailey, via leaks to the media and otherwise, “as a ruthless and unrestrained killer”, Mr Buttimer said in an affidavit. That induced “blind panic” in at least one witness as early as February 1997 and caused concern in the DPP’s office that a climate would be created in which witnesses “became suggestible”, he said.
Civil action
The disclosed material was also probative of Mr Bailey’s claim of malice as it was suggested a named garda may have offered “cash, clothes and hash” to a witness to obtain incriminating evidence against Mr Bailey, he added.
Mr Buttimer is seeking additional documents for Mr Bailey’s civil action against the Garda Commissioner and State claiming damages for alleged wrongful arrest and personal injuries.
He is seeking all correspondence between former DPP Eamonn Barnes (from his retirement); Mr Barnes’s successors James Hamilton and Claire Loftus; the Minister for Justice and any garda concerning Mr Bailey.
Mr Buttimer also wants all “unedited and/or unredacted” emails between Mr Barnes and those parties supporting the recommendation in a report from Mr Barnes “that a person be prosecuted in relation to the Garda investigation into Ian Bailey”.
DPP criticism
All documents contradicting or inconsistent with a 45-page analysis by the DPP’s office in 2001 of the Garda investigation, which criticised aspects of it, are also sought, plus all material relating to the taking of statements from Marie Farrell, who has alleged she was pressurised by gardaí into making a statement adverse to Mr Bailey.
Mr Buttimer is also seeking any documents showing contacts between gardaí and journalists in relation to the investigation of Mr Bailey in relation to the “wrongful death” of Ms Toscan du Plantier, plus all documents concerning the arrests in 1997 and 2000 of Mr Bailey’s partner, Jules Thomas.
Mr Bailey (56), a former journalist and law graduate who last year won his appeal against his extradition to France in connection with the 1996 murder, has always denied any involvement. As well as his civil action, he has made a complaint to the Garda Ombudsman.
Discovery issues in the civil action were adjourned pending the outcome of the extradition proceedings. They were mentioned yesterday to the president of the High Court, Mr Justice Nicholas Kearns who, on consent of the sides, adjourned them to May 10th.
