An Englishman living in west Cork yesterday sought to get back documents seized by gardai investigating a murder, to enable him continue his work as a freelance journalist.
Mr Ian Bailey (44) and his partner, Ms Jules Thomas, yesterday applied at Bandon District Court under the Police Property Act, 1897, to get back notebooks, diaries and some clothes seized by the Garda.
Gardai said they had already returned a number of items to Mr Bailey but they wanted to retain the remainder of the items as part of a murder investigation.
Insp. Liam Horgan told Judge James O'Connor that the items being sought by Mr Bailey and Ms Thomas were seized by gardai following a search of Mr Bailey's property near Schull on January 27th, 1998.
"The property came into the possession of the gardai following a search of property belonging to Mr Bailey at Liscaha, Schull . . . The investigation which was undertaken is a serious one. It's a murder investigation and it's ongoing," he said.
Insp. Horgan said it was important that the gardai retain possession of the items as part of their continuing murder investigation and he believed that the items would prove of value as evidence. "The retention of the property is important because I believe it will be of evidential value," said Insp. Horgan, adding that he believed that "most if not all" of the books, diaries and items of clothing seized would be used as exhibits.
Insp. Horgan pointed out that some items had been returned to Mr Bailey in April 1998 when he and his solicitor, Mr Con Murphy, met Insp. Vincent Duggan and Mr Bailey had signed a receipt for the items.
Mr Murphy said Mr Bailey wanted his books and diaries for his work as a freelance journalist.
"Gardai say they want them for an ongoing investigation. I say they have had them for more than enough time," said Mr Murphy.
Judge James O'Connor asked if Mr Bailey needed the clothes and asked him to stand up in court to identify himself.
"Obviously, he doesn't need the clothes immediately. He's the best dressed man in court," Judge O'Connor said.
He suggested adjourning the matter to allow the Garda prepare a list of what has already been returned to Mr Bailey. That would clarify what exactly Mr Bailey was seeking in his application to have returned to him by the Garda, he said.
Mr Murphy agreed on condition it would not prejudice Mr Bailey's claim to get back all his possessions from the Garda. Judge O'Connor assented and adjourned the matter to Bandon District Court for hearing on May 5th.