Lawyer in Ian Bailey case fails in bid to prosecute journalist

A former lawyer alleges he was professionally vilified in the Sophie Toscan du Plantier case commentary, but his legal action was dismissed

Robert Sheehan (pictured), while working in the Director of Public Prosecution’s office in 2001, wrote a scathing analysis of the investigation of Ian Bailey for the murder of Sophie Toscan du Plantier. File picture: Courtpix

A lawyer who was central to the Ian Bailey case has failed in an attempt to take a private prosecution against a journalist who wrote a book on the case.

Robert Sheehan, while working in the Director of Public Prosecution’s (DPP) office in 2001, wrote a scathing analysis of the investigation of Bailey for the murder of Sophie Toscan du Plantier.

A succession of DPPs, along with various senior counsel, repeatedly concluded that Bailey did not have a case to answer for the 1996 murder.

Last Monday, Mr Sheehan applied to Dun Laoghaire District Court for permission to take the prosecution against journalist Senan Molony. 

He alleges Mr Molony, who published a book on the case last year, and Taoiseach Micheál Martin, vilified him professionally through comments and passages in the book. 

Mr Sheehan is currently preparing to apply for permission to take a private prosecution against the Taoiseach with respect to comments he made.

Last September at an event to launch Sophie: The Final Verdict, the Taoiseach asked why Bailey had not been put on trial for the murder. He said he found it “hard to understand why the system was so convinced by its interpretations of legal principles that it effectively threw its hands in the air and gave up”.

On Monday, Judge Ann Watkin refused to issue the summons against Mr Molony, saying his criticism had been of the “system”, not Mr Sheehan personally.

She said she would not issue a summons as the DPP had indicated that the information provided by Mr Sheehan did not disclose a criminal offence that may be put to a jury.  

Mr Sheehan claims passages in the book relating to him and comments by Mr Molony in public interviews amounted to harassment in its legal definition. Senan Molony has never initiated any contact with Mr Sheehan nor ever met nor spoken with him in any capacity.

Mr Molony refused to comment when contacted. A spokesperson for Micheál Martin said he had no comment to make.

Mr Sheehan has said he will now consider whether to appeal to the Circuit Court or take his case to the European Court of Human Rights.

Asked why if he believed he was defamed he had not sued for damages, Mr Sheehan quoted a former chief justice who had pointed out that ordinary people cannot have access to the courts to vindicate their rights because of the cost.  

CORRECTION: A earlier version of this article said Dun Laoghaire District Court had also refused permission for a private prosecution by Mr Sheehan against the Taoiseach. In fact, that application has not yet come before the court. We apologise for the error.