The Irish Mail on Sunday

Secret DPP file names assistant commission­er

DPP inquiry found ‘improper approach’ to get Bailey charged 133 transcript­s and tapes of gardaí still being withheld since March ‘release’ Bailey tells Kenny of ‘dysfunctio­nality’ in Justice department

- By Valerie Hanley

ONE of three senior gardaí named as allegedly making inappropri­ate approaches to the DPP and his representa­tive in Cork during the Sophie Toscan Du Plantier murder investigat­ion – in an attempt to secure the prosecutio­n of Ian Bailey – reached the rank of assistant commission­er during his career.

The now-retired officer has been identified as the person who allegedly reminded a state solicitor that he was a former college mate of the justice minister John O’Donoghue.

The details are contained in unredacted memos written by former DPP Eamon Barnes

‘He was so disturbed, he met

the DPP that same day’

and state solicitor Malachy Boohig, which were sent on Thursday to Mr Bailey’s legal team.

The MoS can reveal that Mr Bailey’s legal team are still waiting on 133 items promised to them under discovery, consisting of recordings and transcript­s of garda phone conversati­ons with witnesses, journalist­s and other gardaí.

Mr Bailey and his partner, Jules Thomas, who are suing the State, have written to Enda Kenny decrying the ‘state of dysfunctio­nality prevailing within the Department of Justice’ and asking the new min- ister to address this issue ‘with urgency’.

The correspond­ence and the revelation of the names of the three gardaí will throw a fresh spotlight on one of the key issues in the crisis in the Justice system – the Garda tapes issue.

A source revealed: ‘Malachy Boohig was driving back from Cork in October 1998 when he received a call from a senior officer asking him to attend a conference in Bandon Garda Station.

‘He was invited into a room where there were five senior officers and it was impressed upon him the vital importance of bringing a prosecutio­n against Ian Bailey. ‘When Mr Boohig left the room he was followed by three of the officers and it was at this point that the most senior raised the point of Mr Boohig being in college with John O’Donoghue. Mr Boohig was so disturbed that he contacted DPP Eamon Barnes and arranged to meet him in Dublin the same day.’

Two weeks ago in the High Court, DPP Claire Loftus agreed to provide the names of the three senior officers. They were released to Mr Bailey’s legal team on Thursday.

It is believed the identities of the three will emerge within weeks – possibly under Dáil privilege.

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