Retired gardaí sought in Bailey inquiry

The Garda ombudsman is trying to track down retired gardaí as part of its Ian Bailey investigation — which has been continuing for more than two years.

The police watchdog is also in the process of requesting from the Garda commissioner copies of tapes being supplied by the State as part of Mr Bailey’s civil case.

It comes as the Cabinet is set to approve terms for the Garda phone taping inquiry today. It is expected to probe how the Department of Justice managed its affairs, the history of who recorded what, and the resignation of the Garda commissioner.

The Irish Examiner understands GSOC will use the protocols between it and gardaí to seek phone recordings and transcripts from Bandon Garda Station in relation to the Bailey probe.

Some 133 such tapes and transcripts are due to be supplied to Mr Bailey’s legal team, as early as this week, as part of the discovery process in the High Court.

The secret tapes cover a three-month period, between April and June 1997. Further, as yet unquantified, tapes are expected to follow.

Mr Bailey, who was twice arrested and released without charge in connection with the murder investigation of Sophie Toscan du Plantier in Schull, west Cork, in December 1996, lodged a complaint with the Garda Síochána Ombudsman Commission in December 2011.

The former journalist made the complaint after the emergence of a dramatic report from the Office of the Director of Public Prosecutions strongly criticising the Garda investigation. He has consistently denied any involvement in the murder.

GSOC launched an investigation in February 2012. It took a year — throughout 2012 — for GSOC to receive all the documentation they requested from gardaí.

The investigation team spent much of 2013 interviewing those associated with the complaint, including Mr Bailey.

This year, the focus of the investigation turned to those former gardaí and a few current officers involved with, or connected to, the case.

The majority have either left the force or have died. Investigators are trying to find contact details for those still living, some of whom are thought to be abroad, and seek to speak to them.

The investigation team is contacting Garda HQ for copies of the recordings.

It expects to receive these under the protocol between the two agencies. GSOC is believed to be satisfied that it does not need to go to the courts to receive an order for copies of the tapes.

Asked to comment, a GSOC spokeswoman said that, as it was an open investigation, it could not comment.

Meanwhile, the Cabinet will sign off on terms for the Fennelly inquiry today on the garda tapes controversy.

Government sources said it would allow for an inquiry into recordings made of calls in and out of prisons.

Sources said the terms will allow the recent resignation of Garda chief Martin Callinan and events leading up to the revelation about the secret tapes to be probed.

Such terms would have to address questions over why a letter from the commissioner which mentioned the secret Garda recordings was not seen by Justice Minister Alan Shatter for two weeks.