Bailey’s solicitor calls for ‘root and branch’ review

Ian Bailey’s solicitor has called for a “root and branch” review of the operation of the State’s entire justice system in the wake of the garda phone-taping crisis.

Frank Buttimer, who represents the man who is suing for alleged wrongful arrest as part of the Sophie Toscan du Plantier murder probe, has also raised concerns about a decision by the office of the DPP to bring a prosecution for assault against four gardaí in Waterford in a case where the trial judge subsequently ruled taped phone calls between some of the accused was not admissible.

Mr Buttimer spoke out last night after links were drawn between his client’s continuing civil case against the State for alleged wrongful arrest in the du Plantier case, and the taping bombshell which has rocked the Government.

He said the latest revelation, and those which have emerged in recent months, prove the need for proper structures to be put in place to ensure the administration of justice occurs properly.

“We must step back, and realise where the checks and balances should be,” Mr Buttimer said.

“This does not just apply to the structures of An Garda Siochána. It applies to the entire operation of the system, all the stakeholders, all the participants, all the offices which hold power.”

It is believed the contents of some of the secret garda recordings could contain potentially explosive and damaging material linked to the garda investigation into the murder in 1996 of the murdered French filmmaker.

Mr Buttimer declined to comment further but said he believes there is a link between his client’s civil case against the State and the taping revelations.

“I believe there are likely to be links between the two matters but because proceedings are before the court, it would be inappropriate for me to go into detail at this point in time,” Mr Buttimer said.

A Commission of Investigation has now been established to examine the contents of some 2,500 secretly taped calls in and out of certain Garda stations over the 30 years. They are believed to include conversations between solicitors and their clients, as well as between gardaí discussing investigations.

It is believed the content of certain tapes linked to the du Plantier murder investigation is what prompted the attorney general to bring the matter to the attention of the Taoiseach as a matter of urgency on Sunday.

Law graduate Ian Bailey has always denied any involvement in the murder of the French filmmaker outside her holiday home in Toormore, near Schull in West Cork.

He was arrested and questioned in 1997 and again in 1998 but never charged. Despite this, the French authorities have continued to pursue him for questioning, establishing their own inquiry into the murder, led by magistrate Patrick Gachon.

However, in 2012, the Supreme Court upheld Mr Bailey’s appeal and refused his extradition to France for questioning.

Dramatic documents presented by the State during this successful appeal alleged a senior garda or gardaí tried to get state solicitor for West Cork Malachy Boohig to put political pressure on then-DPP Eamonn Barnes to prosecute Mr Bailey.

In the Supreme Court’s ruling in March 2012, Mr Justice Adrian Hardiman said this alleged attempt was made despite a view within the DPP’s office there was no evidence to warrant the prosecution of Mr Bailey.

Mr Justice John Murray described the material as “dramatic and shocking” if true. He said it included a concern from the DPP that Mr Bailey’s surrender was being sought on the basis “of evidence and conclusion provided by what was regarded at the time as a thoroughly flawed and prejudiced Garda investigation culminating in a grossly improper attempt to achieve or even force a prosecutorial decision which accorded with that prejudice”.

Details of a 44-page review of the entire garda investigation, compiled by a solicitor in the DPP’s office in 2001, was also presented. Described as a devastating critique of the garda investigation, it demolished the case against Mr Bailey, by finding:

* No forensic evidence linking Bailey to the crime;

* No evidence to support a prosecution;

* The original arrest and questioning of Mr Bailey’s partner, Jules Thomas, on suspicion of the murder was unlawful;

* Gardaí ignored DPP instructions not to arrest her subsequently on suspicion of aiding and abetting the murder;

* Claims that senior gardaí tried to put political pressure on the DPP’s office to prosecute despite the fact the evidence did not support a prosecution;

* Serious concerns over garda practices, including certain investigative practices which the review described as “unsafe to say the least”.