Ian Bailey’s partner, Jules Thomas, wrote to the DPP requesting he be charged with Sophie Tuscan du Plantier’s murder and they could receive a "fair trial in Ireland" and be put out of the "mental torture" being inflicted on the couple.
Her desperate letter was written in 2011 after she had been questioned by French detectives investigating the 1996 murder, for which she and Mr Bailey had both been arrested and never charged. She wrote that they “have been living in hell for the past 15 years” as a result of attempts to blame Mr Bailey for the murder in West Cork.
The letter was read during the opening speech of Mr Bailey’s High Court action against the gardaí, minister for justice, attorney general, and the State, for wrongful arrest, which resulted in “emotional and psychological harm, harassment and breach of constitutional rights”.
Mr Bailey is claiming that his arrests for the murder — in 1997 and the following year — were without proper foundation and that the gardaí had used “corrupt” evidence in an attempt to blame him for the murder.
In particular, his counsel told the jury the gardaí attempted to get a witness to claim she had seen him near the murder scene on the night in question.
Tom Creed, counsel for the plaintiff, told the jury that Marie Farrell had been used by the gardaí and had perjured herself in a libel action that Mr Bailey had taken in 2003. “She will tell you that she did commit perjury, that she lied at the behest of the guards.”
The court was told Mr Bailey’s life within the West Cork community where he lives has been “poisoned.”
“He has had to suffer in this shadow for 18 years,” the lawyer said. He went on to say his client’s allegations amounted to “oppressive, arbitrary and unconstitutional actions by servants of the state.”
Opening the case, Mr Creed said another result of the gardaí’s actions was that a case against Mr Bailey was pursued by the French authorities, operating on the basis of “corrupt” evidence compiled by the Irish police.
This resulted in a European Arrest Warrant being issued against Mr Bailey in 2010, which was confirmed by the High Court. An appeal by Mr Bailey to the Supreme Court was contested by the minister for justice, but the higher court ruled in Mr Bailey’s favour.
The defendants in the case are denying all of Mr Bailey’s claims.
Mr Bailey has begun giving his evidence in the trial, which is expected to last for up to six weeks.
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