New electronic material, which has been described as fresh and unexpected, has been uncovered by gardaí trawling through masses of documentation in preparation for a damages action by Ian Bailey arising from the conduct of the Garda investigation into the 1996 murder in west Cork of French film-maker Sophie Toscan du Plantier.
At the High Court yesterday, Mr Justice John Hedigan directed that gardaí have four months to unscramble the new material, which relates to phone traffic.
Mr Justice Hedigan was told that it would take that length of time to unscramble the previously unheard “phone traffic” found amid thousands of documents.
The material is in an old, obsolete and fragile electronic format, which is proving difficult to unscramble and Garda experts had sought help internationally, the judge heard.
Mr Bailey, who has always denied any involvement in Ms Toscan du Plantier’s murder, was in court yesterday.
He and his partner Jules Thomas have both sued the State and the Garda Commissioner on grounds including alleged wrongful arrest arising from the conduct of the investigation.
Disclosure required
Both Mr Bailey and Ms Thomas allege wrongful arrest and both previously obtained orders requiring disclosure of documents for the actions.
Mr Justice Hedigan last May ruled that discovery of documents was justified given what he described as “very disturbing” and “unusual” matters related to the Garda investigation.
Yesterday, Mr Justice Hedigan was told by senior counsel Paul O’Higgins, for the defendants, that fresh and unexpected material in electronic format had been unearthed in the discovery process.
More time sought
Counsel said they needed more time for discovery and Garda technical experts had encountered problems with the old and fragile technology and had sought assistance internationally.
Senior counsel Martin Giblin, for Mr Bailey, said the gardaí seemed to have had a lot of time to devote to activities in France rather than carrying out the orders of the court.
Ronan Munroe, also for Mr Bailey, said the open-ended timescale for discovery caused his client great concern and he wondered if a further extension of time would be required when the case came up again in four months time.
His solicitor was also taken by surprise at some of the documents over which privilege was being claimed, counsel added. Mr Bailey was anxious to proceed with his case and wanted a hearing date in the Easter law term.
Mr Justice Hedigan said the court would grant an extension of time but that could only go so far.
All discovery must be made by gardaí to the Bailey side by March 25th 2014, he directed.
He also told the sides they could apply to the president of the High Court for a trial date.