Ian Bailey bids to stop State helping French murder probe

Ian Bailey’s legal team has given the minister for justice and Garda commissioner seven days to stop assisting a French investigation into the death of Sophie Toscan du Plantier or else face High Court proceedings.

A letter was sent by the former suspect’s solicitor, Frank Buttimer to Alan Shatter and Nóirín O’Sullivan last Thursday requesting that they refuse to further help the French investigation on the grounds that such assistance “would be contrary to public policy”, would breach Mr Bailey’s rights to ‘fair procedure’ under the Irish Constitution and would prejudice criminal investigations or criminal proceedings in the State”.

The letter also states that it would be “entirely inappropriate” for this country to lend assistance to an inquiry by French authorities which is based “upon a flawed investigation”.

Mr Bailey’s team has sought to halt the State’s co-operation with the French under Section 3 of the 2008 Criminal Justice (Mutual Assistance) Act which sets out the grounds under which international assistance can be withdrawn. French police are due to travel here next month to investigate the du Plantier case under the 2008 Act. Ms du Plantier’s parents, Marguerite and Georges Bouniol are also coming and are to hold a press conference in Cork on May 17.

In the letter sent to Alan Shatter and Commissioner O’Sullivan, Mr Buttimer demanded that both parties “formally ..cede to his client’s request within seven days” and if they don’t, his client will apply to the High Court.

The Garda Ombudsman is now two years into investigating Garda treatment of Ian Bailey, even though a Commission of Investigation has recently been tasked with a similar job.

The commission, under Supreme Court judge Nial Fennelly, has been requested to examine recordings of phonecalls at Bandon Garda Station relating to the Bailey case. But his probe is also directed to establish if “any other acts or events” in the course of the Garda investigation “disclose any evidence of unlawful or improper conduct” by gardaí.

Mr Bailey was arrested twice following Ms du Plantier’s murder at her holiday home outside Schull in west Cork in 1996, but was never charged.

Ian Bailey and his partner Jules Thomas are taking a High Court civil action against the State for damages for wrongful arrest. His legal team will also be in the High Court next month as part of ongoing efforts to receive ‘back transcripts’ of the garda tape recordings made in Bandon Garda Station.