Watchdog to review du Plantier probe files

THE files outlining the state prosecutor’s handling of the 1996 Sophie Toscan du Plantier murder have been passed to the Garda Síochána Ombudsman Commission.

One memorandum outlines arguments that some gardaí attempted to use political influence to secure a murder charge against Ian Bailey in the case, while the other file describes alleged flaws in the investigation.

The move comes as Mr Bailey’s legal team fights an extradition order brought against him by French authorities and granted by the High Court.

It is expected that the hearing, scheduled for the Supreme Court on Friday, will be told of the high-level review into the handling of the case against Mr Bailey by gardaí.

It is understood the state will argue that the contents of the review are not relevant to the extradition hearing and it should therefore be disregarded.

Dating from 2001, the review says it was likely some gardaí had given cash and drugs to a witness in return for incriminating information against Mr Bailey.

As well as the review — released to Mr Bailey’s legal team last year on the advice of the Attorney General — the ombudsman has in its possession a 10-page email and memorandum from former DPP Eamon Barnes to successor James Hamilton, also since retired, in which he suggested gardaí had tried to use political pressure to secure a charge against Mr Bailey as far back as 1998.

The ombudsman said it did not have any comment to make on the matter. It is understood it will read both files before deciding whether or not to open its own probe into Garda activity in the case.

Ms du Plantier, a French film-maker, was murdered at her holiday home near Schull in West Cork in December 1996.

French authorities want to extradite Mr Bailey, an English journalist, so as to question him over her death, but the Sunday Business Post reported yesterday that Mr Bailey’s barrister, Martin Giblin SC, has argued the DPP files on the Garda handling of the case against Mr Bailey revealed “breathtaking wrongdoing” by state officials.

As his legal team argues that the extradition case should be brought back to the High Court, the ombudsman will review all the files in its possession before deciding whether or not to open a special investigation into Garda conduct.

Normally the du Plantier case would be outside the time limit set for commission investigations, but the emergence of previously unavailable information central to any case would allow it to open a probe.