A solicitor acting for Ian Bailey yesterday expressed concern about the time being taken by the DPP to decide whether anyone is to be prosecuted following a Garda review into the force's investigation of the 1996 murder of Frenchwoman Sophie Toscan du Plantier.
Frank Buttimer said he was concerned that the review by Assistant Commissioner Ray McAndrew had been completed months ago and sent to the DPP but there was no decision from the DPP if anyone was to be prosecuted.
The review by the assistant commissioner was ordered by Garda Commissioner Noel Conroy in October 2005 after Mr Buttimer wrote to him expressing concerns about the manner in which the investigation was carried out and his client identified as a suspect.
Yesterday Mr Buttimer said: "I'm very concerned at the ongoing delay in terms of the DPP's deliberations. The DPP has had the Garda complaint file in respect of Mr Bailey's complaint for months and yet we have no indication what's happening - it's quite unsatisfactory," Mr Buttimer said yesterday.
He was speaking after a court appeal where Mr Bailey obtained the return of all but one diary from items seized by gardaí when they arrested Mr Bailey in February 1997 and January 1998 for questioning about the murder.
Mr Bailey had obtained an order under the Police Property Act at Bandon District Court in November 1996 for the return of items including notebooks and diaries but the State later lodged an appeal on foot of a request from Mr McAndrew's review team.
Yesterday, State Solicitor for north Cork Frank Nyhan, who was deputising in west Cork, told Bandon Circuit Court the State was consenting to the return of all the material sought by Mr Bailey except for one diary, marked Diary K, which it wished to retain.
