Bailey to get documents for case against State
The latest development means the actions, in which the couple are separately suing the State for compensation, could get under way in the High Court before the end of the year.
Mr Bailey, who has always denied any involvement in the murder of the French filmmaker outside her holiday home in West Cork in 1996, had already obtained a court order gaining access to a range of documents in State hands for his upcoming action for compensation.
Ms Thomas was yesterday granted a similar order for her alleged wrongful arrest case arising from the Garda investigation into the death of Ms Toscan du Plantier.
Mr Justice John Hedigan granted an application from the State extending time for the handing over of the material to Sept 30 next.
Paul O’Higgins, for the State, also agreed to a request from Martin Giblin, for Mr Bailey and Ms Thomas, that if sworn statements of certain State parties become available sooner, they will be handed over to the couple’s lawyers before that date.
Mr Justice Hedigan also approved a number of amendments to the orders seeking discovery of the documents including in relation to one reference to documents held by “any member of the Garda Síochána” involved in the investigation as it related to the couple. Mr O’Higgins said it had been agreed with Mr Giblin that this reference should be changed so as to ensure the State would not have to write to “the 20,000 serving and retired gardaí” to ask them if they had any information relevant to the case.
In May, Mr Justice Hedigan ruled discovery of documents in the Bailey case was justified given what he described as the disturbing nature of the information before the court. Some 20,000 documents have to be examined by State parties to assess their relevance, the court heard.
The material includes all correspondence relating to Mr Bailey between former DPP Eamonn Barnes after his retirement and his successors, James Hamilton and Claire Loftus, the justice minister, the Attorney General, and gardaí.
