State applies to strike out Bailey partner’s claim

Lawyers for the gardaí and the State are to ask the High Court to strike out an action seeking damages for alleged wrongful arrest by Ian Bailey’s long-time partner Jules Thomas.

The State has moved to halt the action brought against it by Jules Thomas over her alleged wrongful arrest by gardaí investigating the 1996 murder of Sophie Toscan du Plantier, claiming it is out of time.

Mr Justice John Hedigan was yesterday told an application to have Ms Thomas’s High Court case struck out on grounds it was brought outside the applicable six- year time limits set by the statute of limitations is being prepared.

The judge told David Lennon, counsel for the garda commissioner and State, that the strike-out application could be listed on May 11 when the judge will also be dealing with liability for the substantial costs of Mr Bailey’s own failed case against the State.

The costs of Mr Bailey’s 64- day action, which concluded on March 30, are expected to be at least €2m and could be as much as €5m.

Yesterday, when Mr Bailey’s case was back before the court for mention over costs and other issues, Mr Lennon said the sides had agreed the costs issues could be adjourned to May 11.

Mr Bailey’s side were not in court for the brief mention but it is believed Mr Bailey is actively considering an appeal against the dismissal of his case.

Mr Lennon also told the judge his side would be bringing an application to have Ms Thomas’s separate civil case struck out on grounds it is statute barred.

She is claiming damages on grounds including that she was wrongfully arrested in February 1997 and again in 2000 in connection with the murder of Ms Toscan du Planter.

On the 60th day of Mr Bailey’s case, the State made a similar application under the statute to have Mr Bailey’s case wholly or partly struck out.

Mr Bailey’s side opposed that application.

On day 62, Mr Justice Hedigan agreed to strike out many of the claims, including Mr Bailey’s claims of wrongful arrest in 1997 and 1998, on grounds those were statute barred.

Ms Thomas’s case was parked pending the outcome of Mr Bailey’s case and is listed for mention in the next High Court list in May to fix dates for jury trials.