State to hand over evidence in du Plantier probe
Dublin District Court was told that the justice minister was complying with a request to assist them in their probe into the death of the 39-year-old French film producer, who was beaten to death near her holiday home in Schull, in West Cork, in December 1996.
Last week, 54-year-old former journalist Ian Bailey, who has always denied any involvement in the death of Ms Toscan du Plantier, won a two-year legal battle to stop his extradition to France.
But authorities there still want to question him. Paris-based investigating magistrate Patrick Gachon was appointed in 2008 to run an independent inquiry into the murder.
At Dublin District Court, yesterday, Judge Ann Ryan heard a request was being made on behalf of the French authorities to have certain material connected with the probe handed over to them.
Lawyers for the justice minister told the judge that the French had asked for assistance under provisions contained in the Mutual Assistance Act 2008.
Under Section 63 of the legislation, confidential or sensitive evidence being received by the requesting country should not be heard in public, argued Roisín Lacey BL, for the justice minister.
Martin Giblin SC, for Mr Bailey and his partner Jules Thomas, who were not present for the hearing, said he did not have instructions on that issue.
However, he asked for an adjournment saying the application by the French authorities had first been made in 2010 and he wanted to find out why a delay had occurred. He also said he wanted to make submissions that the proceedings were an “abuse of the processes” of the Irish courts.
Lawyers for the minister said Mr Bailey’s legal team had been on notice of the proceedings and had ample opportunity to be prepared for them. Ms Lacey said the minister has agreed to the issue being dealt with and that it should proceed.
Judge Ryan refused to grant an adjournment; she said she was appointed in an appropriate fashion to receive the evidence and she was acting as a conduit.
Ms Lacey said the request from the French authorities was appropriate and both jurisdictions should comply with their obligations under the Mutual Assistance Act.
Before taking the evidence, Judge Ryan asked to hear from Detective Inspector Joseph Moore, to decide if it would contain information that should not be heard in public.
Det Insp Moore, who is attached to Bandon station, in Co Cork, is now heading the investigation into Ms Toscan du Plantier’s murder.
He said he was aware of the material sought by the French and that the death is also under investigation in France.
“There is material in there which is part of a live investigation, all this material may be at a later stage in a court procedure here or in another jurisdiction.”
He agreed it involved sensitive information and it was necessary to protect confidentiality saying “there are issues where it could be prejudicial if it was leaked to the media”.
He said it included “medical reports of a party, and writings and drawings of a party that I would consider sensitive”.
Judge Ryan held that from then on, the proceedings should not be heard in public and the journalists present were excluded from the rest of the hearing.
The handling of the original investigation is now being investigated by the Garda Ombudsman. A report prepared by the DPP as far back as 2001 criticised how a case had been prepared against Mr Bailey.
The report stated that the DPP’s office had been put under political pressure by gardaí and investigators had acted unlawfully in arresting and questioning Mr Bailey’s partner. That report did not come to light until Mr Bailey brought an appeal to the Supreme Court to fight his extradition to France.
Last week, the Supreme Court ruled that unless Mr Bailey was to be put on trial for a crime committed in France, it could not allow his extradition.
And it held that France would not be obliged to surrender a non-Irish citizen to Ireland in similar circumstances.
