Mr James Livingstone, a former senior inspector of taxes with the Revenue Commissioners, has, with his son and daughter, issued a claim for damages against the State arising from the conduct of the Garda investigation into the still unsolved murder of his wife in 1992.
Mr Livingstone (67) claims gardaí were guilty of negligence and breach of duty in the management of the investigation into the brutal murder of Mrs Grace Livingstone. The action is also being taken by his daughter, Ms Tara Beauchamp, River Valley, Swords, Co Dublin, and his son, Conor, an electronics technician.
Mr Livingstone, The Moorings, Malahide, Co Dublin, has stated that he came home from work on December 7th, 1992, and found his wife lying bound, gagged and fatally injured, having been badly beaten and with a gunshot wound to the head.
Mr Livingstone, who worked in the investigation branch of the Revenue Commissioners, has always pleaded that he had no part in his wife's murder and claims he supplied gardaí with the names of people who he felt were possible suspects because he had investigated them for unlawful activities.
Yesterday, due to the unavailability of a High Court judge, an application by Mr John Rogers SC on behalf of the Livingstones for the Garda to supply his clients with their investigation files and documents on Grace Livingstone's murder could not be heard.
Mr Livingstone in his statement of claim said gardaí had told him he was hated at work because "all he ever did was sack people, and that his fellow employees had all cheered when they heard of his arrest, and furthermore that his fellow female employees were all terrified of him."
He also claims that gardaí said his neighbours were terrified of him and knew he treated his wife as a slave; that he trained youngsters to kill; that his daughter was a "whore" and that his son was a drug-abuser.
During the course of the garda interviews, he alleged one detective produced a newspaper carrying banner headlines of his (Mr Livingstone's) arrest and also produced photographs of his murdered wife lying nude in the morgue which "depicted graphically the horrific facial and head injuries she had suffered".
He alleges that while he was voluntarily assisting gardaí in their investigation on December 29th, 1992, a detective sergeant called to his home and behaved in a "grossly abusive and insulting manner" towards Tara, who was pregnant.
The statements alleged to have been made by the sergeant to Tara (which are denied by the State) include: "Your father is an alcoholic and has been out partying all over Christmas," "We are sure it was your father" and "Did your mother have lovers?"
Mr Livingstone claims that he and his children suffered emotional distress.
The State denies the allegations. Gardaí deny that Mr Livingstone fully assisted them in their investigation and deny that his "alleged innocence" or having no part in the murder of his wife were facts which ought reasonably to have been known to gardaí or ought to have been ascertained by them.