State bid to halt Thomas damages case adjourned

The State’s bid to prevent Jules Thomas, partner of Ian Bailey, proceeding with her action for damages over her alleged wrongful arrest by gardaí investigating the murder of Sophie Toscan du Plantier has again been adjourned at the High Court.

The adjournment was agreed in a context where Ms Thomas has an appointment to see a psychiatrist in early July after which an affidavit is to be filed on her behalf in response to the State’s application, Mr Justice John Hedigan was told.

Paul O’Higgins SC, for the State, and Ronan Munro BL, for Ms Thomas both agreed the matter could be adjourned to July 23.

In April, lawyers for the Garda Commissioner and State indicated that they intended to apply to have Ms Thomas’s claim for wrongful arrest on dates in 1997 and 2000 struck out on grounds it was brought outside the applicable six-year legal time limit.

The State had made a similar application in Mr Bailey’s case. That application was made in late March, towards the end of the hearing of Mr Bailey’s 64-day action for damages, and was granted by Mr Justice John Hedigan.

The judge permitted Mr Bailey’s claim that gardaí conspired to implicate him in the murder of Ms du Plantier to go to the jury for consideration. The jury unanimously dismissed that claim.

The judge later directed Mr Bailey must pay the costs of the action, which legal sources estimate could be as high as €5m.

Also yesterday, the judge agreed to adjourn for a week separate proceedings over alleged contempt brought by the Garda Commissioner and State against Penfield Enterprises, publishers of The Phoenix magazine, arising from coverage of Mr Bailey’s proceedings.

Meanwhile, French investigators have received the green light from Irish authorities to resume inquiries here in relation to their criminal probe into the murder of Ms du Plantier, who was killed in West Cork in December 1996.

Their investigation in Ireland had been put on hold pending the completion of the long-running civil action taken by Ian Bailey against the Garda Siochana.

In April 2014, the Department of Justice, operating under European Union Mutual Assistance law, deferred cooperation with French investigators to operate here pending the upcoming case.

Mr Bailey’s solicitor, Frank Buttimer, had written to the department outlining his client’s objections to Irish cooperation.

French police had been due to visit a second time.

It is understood that legal co-operation has now resumed, allowing the French authorities to continue their inquiries here, including interviewing suspects.

Judge Patrick Gachon is leading the investigation in France. The Supreme Court in Ireland has ruled that Mr Bailey cannot be extradited to France.