Gardaí to inspect transcripts ahead of Bailey

Four gardaí are to receive transcripts of taped conversations at Bandon Garda Station before Ian Bailey who is suing the State for damages following a High Court ruling yesterday.

Mr Bailey wants to inspect the recordings and transcripts of them, as part of continuing preparations for his action for damages against the State arising from the conduct of the Garda investigation into the murder of French film-maker Sophie Toscan du Plantier in West Cork in 1996.

He will now have to wait until the High Court decides on his application to inspect the transcripts in nine days time.

Mr Justice John Hedigan yesterday ruled that the four gardaí who were represented in court — retired Det Garda Jim Fitzgerald, Garda Michael Coughlan, Garda William Byrne and Superintendent Liam Hogan, who were all attached to the West Cork garda division, are to be allowed inspect parts of the transcripts which relate to them.

The judge said it was unusual but it seemed to follow a logic as the rights of privacy of those mentioned in the transcripts would be protected.

A lever arch file containing the transcripts was also handed into the court by the State.

The judge was told the State had notified a number of people whose conversations had turned up in the transcripts including gardaí and various journalists.

Counsel for the State, Luan O’Braonain SC said that it was difficult in relation to the journalists as some had identified themselves by their first name only but the State had written to the organisations involved.

Mr Justice Hedigan said the State could only do its best and the people had to be notified out of respect to their right to privacy.

Retired Detective Garda Jim Fitzgerald was among 10 of the people who had written to the State asking that, if the discovered communications related to them in any way, they should be given prior notice of that before any permission is given to Mr Bailey to inspect them.

The judge was told Mr Fitzgerald, along with three other gardaí, was represented in court.

Counsel for Ian Bailey, Martin Giblin SC, said he was “becoming increasingly alarmed” at the proceedings and he was afraid his side would become “mired” in paperwork with the hazard for Ian Bailey of incurring extra legal costs.

Mr Justice Hedigan said he had to take into account and respect the privacy of those whose conversations may be overheard and examined.

The judge said he had the constitutional rights of citizens to protect.

Mr Justice Hedigan said that he was very conscious of Mr Bailey’s right to bring proceedings against the State, but where a conflicting right arises he had to balance that and take it into account.

The judge also indicated the case will go ahead in the autumn. He said he expected everybody to “put their shoulders to the wheel” and be in a position to make full submissions when the case comes before the court again in June.