Bailey lawyers to receive names of gardaí
The three gardaí were referred to by former DPP Eamonn Barnes in a document expressing concern about aspects of the Garda investigation into the murder.
Mr Bailey’s lawyers previously received a copy of the document but the names of the gardaí, and certain other parts of the document, were redacted or blacked out.
His legal team will now get an unredacted copy of the document, along with other documents sought.
Mr Barnes’ document was put before the Supreme Court in 2012 in extradition proceedings concerning Mr Bailey which culminated in a refusal to extradite him to France.
Mr Bailey has always denied any involvement in the murder and has sued the State and gardaí for damages arising from his arrest.
His civil action before a High Court judge and jury is unlikely to take place before late this year at the earliest. His partner Jules Thomas has also sued for damages arising from her arrest during the murder investigation.
As part of preparations for the civil action, Mr Bailey had brought an application seeking the unredacted document of Mr Barnes, along with other documents.
Martin Giblin SC, for Mr Bailey, told Mr Justice John Hedigan yesterday agreement had been reached on the application for non-party discovery and his side very much appreciated the attitude of the DPP in that regard. The documents were to be discovered within one week, the court heard.
Sunniva McDonagh SC, for the DPP, confirmed the agreement.
Later this month, the court will deal with another pre-trial application by Mr Bailey to inspect recordings of phone calls between various individuals, including journalists, with gardaí in Bandon Garda Station.
Ten people, including retired Detective Garda Jim Fitzgerald of Bandon, have written to the State concerning the application, asking that, if the discovered communications relate to them in any way, they should be given prior notice of that before any permission is given to Mr Bailey to inspect them.
Mr Justice Hedigan previously directed such notice should be provided and listed the recordings application for hearing on May 26.
Yesterday, the judge granted a formal order to Paul Anthony McDermott BL, for the Garda Commissioner, allowing his side release to Mr Bailey’s solicitor Frank Buttimer the addresses of those persons who had sought prior notice of the May 26 application for the purpose of informing them about it if they feature in the recordings.
Mr Giblin said it was not to be taken as conceding those parties had any legal standing in this matter. Some of those involved were gardaí and others may be journalists, he said.
The court previously heard that there were 130 recordings.
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