Bailey lawyers say material should not be confidential

Lawyers for former journalist Ian Bailey will argue that the State should not be allowed to claim privilege over material relating to the Garda investigation into the murder of Sophie Toscan du Plantier because of alleged malpractice by gardaí.

Mr Bailey's solicitor, Frank Buttimer, said the State will seek privilege over much of the material for which Mr Bailey is seeking discovery for his High Court action for wrongful arrest.

Ms Toscan du Plantier was murdered at her holiday home at Toormore near Schull, west Cork, in December 1996.

Mr Bailey was arrested twice for questioning about the killing and released without charge. He has always protested his innocence.

'Malpractice'
Mr Buttimer said, "The State is claiming privilege over a large amount of material on the grounds of public interest but we will be arguing that privilege is defeated by mala fides or bad faith – that is, fraud or malpractice, as we maintain happened in this case."

He said he was alleging a “conspiracy to secure the improper prosecution of Ian Bailey based on improper Garda practices”.