French Authorities to Examine Evidence. Up Date 14th October 2010 -
Irish authorities are to allow investigators from France to examine evidence linked to the infamous murder of a French citizen in Co Cork, it was confirmed today.
The move follows a request from a French magistrate Judge Patrick Gachon who is probing the 1996 murder of Sophie Toscan du Plantier.
The 39-year-old film producer was found beaten to death outside her holiday home near Schull.
No-one has been convicted for the murder.
A spokesman for the Department of Justice in Dublin confirmed that French authorities, who have already been given access to written evidence in the case, will now be allowed to view physical evidence held in Ireland.
The French team is expected to travel to Ireland to carry out its examination of the items in the autumn.
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Ian Bailey's extradition hearing has been further delayed today 21st July 2010.
The journalist is wanted in France in connection with the murder of French film producer Sophie Toscan du Plantier.
She was found dead at her holiday home in Schull, Co Cork in December 1996.
The High Court had intended to set a hearing date today over France's request to extradite Bailey.
It was informed that while Mr Bailey is keen for the case to proceed, his legal team are waiting on an affidavit from a French lawyer they are consulting.
The lawyer has been delayed trying to find out precisely what the French extradition warrant is based on because he does not have access at present to the relevant court file.
The 53-year-old journalist has always denied any involvement in Sophie Toscan du Plantier's death.
He is contesting his surrender to France, alleging abuse of process and garda misconduct.
Mr Justice Michael Peart has put the matter back until October 2010.
Woman who was beaten by Ian Bailey says Bailey is being stitched up.
During a number of civil actions taken by Ian Bailey against a number of newspapers it became clear that Ian Bailey was a man who engaged in domestic violence against his live in partner Miss Jules Thomas. Miss Jules Thomas continues to live with Ian Bailey at her home in CountyCork. Miss Jules Thomas has told a French TV crew that, “I would not stay with a murderer. I am not a stupid woman”. Miss Thomas was speaking about the fact that the French authorities have issued a European arrest warrant for Mr Ian Bailey in relation to the murder of 39 year old French woman Sophie Toscan du Plantier in Cork in 1996.
La femme qui a été battue par Ian Bailey dit que Bailey est piqué en haut.
Pendant un certain nombre de mesures civiles prises par Ian Bailey contre un certain nombre de journaux il est devenu clair qu'Ian Bailey était un homme qui s'est livré à la violence dans la famille contre son vivant dans Mlle de partenaire Jules Thomas. Mlle Jules Thomas continue à vivre avec Ian Bailey à sa maison dans le Liège de Comté. Mlle Jules Thomas a dit à un équipage de TV français que, “je ne resterais pas avec un meurtrier. Je ne suis pas une femme stupide”. Mlle Thomas parlait du fait que les autorités françaises ont délivré un mandat d'arrestation européen pour M. Ian Bailey par rapport au meurtre de femme française de 39 ans Sophie Toscan du Plantier dans le Liège en 1996.
Sophie Toscan du Plantier. Who Done It?
French (English below)
Les Nouveaux Renseignements sur le Meurtre de Sophie
Sophie Toscan du Plantier. Qui Fait Cela ?
Pour ces Rédacteurs en chef populaires qui tenaient souvent la première page pour Ian Baileys insightful et copie exclusive sur les reportages du meurtre brutal de producteur de film de 39 ans Sophie Toscan du Plantier, près de sa résidence secondaire à l'extérieur Schull dans le Liège ouest, le 22 décembre 1996, Ian Bailey est maintenant le persona non grata aux mêmes Rédacteurs en chef.
Gardai croit que Sophie Toscan du Plantier s'enfuyait de son attaquant quand elle a été sauvagement assassinée. On y croit que le soir ou dans la nuit du 22 décembre 1996 Sophie Toscan du Plantier a été dérangée ou surprise par sa maison par son tueur. Une chose est à coup sûr, elle a subi un meurtre brutal et lâche.
Pendant que les tabloïdes ont versé l'insightful d'Ian Bailey et des reportages exclusifs sur le meurtre de Sophie Toscan du Plantier, les Gardai commençaient à trouver le nom d'Ian Bailey apparaissant sur leur radar d'investigation.
English
For those tabloid Editors who often held the front page for Ian Baileys insightful and exclusive copy on the reporting of the brutal murder of 39 year-old film producer Sophie Toscan du Plantier, close to her holiday home outside Schull in west Cork, on the 22 December 1996, Ian Bailey is now persona non grata to the same Editors.
Gardai believe that Sophie Toscan du Plantier was running away from her attacker when she was brutally murdered. It is believed that on the evening or in the night of the 22 December 1996 Sophie Toscan du Plantier was disturbed or surprised at her home by her killer. One thing is for certain, she suffered a brutal and cowardly killing.
While the tabloids poured out Ian Bailey’s insightful and exclusive reporting on the murder of Sophie Toscan du Plantier, the Gardai were starting to find Ian Bailey’s name appearing on their investigative radar. Ian Bailey lived in the area where Sophie Toscan du Plantier had lived and where she was so brutally murdered. However, the Gardai had more information than this to identify Ian Bailey as a suspect. This information or ‘evidence’ was not enough to bring charges against Ian Bailey, but it was enough to have him arrested twice within a fourteen month period and subsequently released due to lack of evidence.
Later in 2003 Ian Bailey would bring civil actions against some newspapers for suggesting that he was in fact the murderer of Sophie Toscan du Plantier. Some of these newspapers paid damages to Ian Bailey, others were cleared of any wrong doing. During the civil actions Bailey was painted as a very un-pleasant person. Being an un-pleasant and un-civilised person does not make one a murderer. However, this writer can exclusively reveal that Ian Bailey may well be the architect of his own downfall.
Once the lurid tabloids had destined Ian Bailey to that drawer in the filling cabinet marked persona non grata, Ian Bailey was left without a lively hood and therefore an income. It is during this period that Ian Bailey made a new friend. That new friend was one Mr Patrick O Riordan. Mr Patrick O Riordan had lived in England for many years but had returned to Cork following the break down of his marriage. Mr O Riordan had a chip van and he offered his new friend Mr Ian Bailey a job. Mr Ian Bailey and Mr O Riordan became big buddies. Mr Bailey would often travel over to England to stay with Mr O Riordan when he was back in London visiting family.
However, Mr Patrick O Riordan would also soon come to the attention of the Gardai. Mr Patrick O Riordan’s estranged daughter wanted to meet her father as she was soon to get married. So Mr Patrick O Riordan’s daughter flew over from England to meet her father in Cork. On arrival Patrick O Riordan was every thing his daughter had wanted to find, a caring, tall, strong, clean and sober businessman. That evening Patrick O Riordan treated his daughter to a fine dinner and some drinks. Then Mr Patrick O Riordan invited his daughter to stay with him in his BB accommodation and she could use his bed while he would sleep on the floor. However, early next morning Mr Patrick O Riordan would be arrested as he tried to leave the country after his daughter contacted Gardai to say her Father had raped her in his BB room. Mr Patrick O Riordan would be sentenced to ten years for the rape of his daughter. He has since been repatriated to finish his sentence in England.
It was during this close relationship with Mr O Riordan that Ian Bailey allegedly admitted for the first time that he had in fact murdered Sophie du Plantier. The Gardai are aware of this alleged admission, however, at no time did Mr Patrick O Riordan try to use this information to do a deal with the State in relation to his own charging and conviction for rape. No, Patrick O Riordan never disclosed this information until he was in the confidence of a fellow prisoner in Wheatfield Prison. Mr Patrick O Riordan had nothing to gain from this disclosure and never gained anything from this disclosure. So it is a disclosure that holds some very substantial merit as far as this writer is concerned.
Now a European Arrest Warrant has been issued for Ian Bailey. Ian Bailey now in his second year of a law degree was quick to respond to the news of the European Arrest Warrant. Ian Bailey’s solicitor was on the news within hours and saying that Ian Bailey would contest the warrant, which is his legal right to do. The DPP have certainly been unable to bring any charge of murder against Mr Bailey, so is it possible that the French have a strong enough case to pursue such a charge. French law allows the French authorities to investigate the death of their nationals abroad, and this is fair and right.
For this writer Ian Bailey has been the architect of his own down fall. However, that does not mean that this writer wants to see a miscarriage of justice. I think it is important that Ian Bailey travels to France and allows the legal process to take its course. Ian Bailey is well versed in the law and has access to able counsel; he should have no fear of the French authorities if he is an innocent man.
During the civil actions taken by Ian Bailey, Paul Gallagher asked Mr Bailey, “What kind of man are you?” this question can only truly be answered by a full, open and fair hearing. Many aspects of this case including those disclosed here today need to be fully examined. Other matters such as why Maria Farrell who claimed to have seen Mr Bailey close to the scene of the murder of Sophie du Plantier on the night in question, and then admitted that she had not in fact seen him at all, need to be answered. The Attorney General, Mr Paul Gallagher, is studying the merits of the European Extradition Warrant that has been issued for Bailey. This is the same Paul Gallagher who cross examined Mr Bailey during his civil actions against some news papers. I have no doubt that Mr Gallagher’s objectivity will be challenged at some point.
It is neither important nor relevant if the French authorities are simply trying to shift the buck in this matter. What is important is that this brutal and cowardly murder needs to be solved. If clearing Mr Bailey of any wrong doing or finding his guilt has to be done in a French court, so be it. But Mr Bailey does not serve his cause well by fighting this warrant.
UPDATE
irishtimes.com 24th April 2010.
Journalist Ian Bailey was arrested shortly before midnight last night after the High Court earlier endorsed a European Arrest Warrant.
Mr Bailey is being sought by the French authorities in connection with the murder of French film producer, Sophie Toscan du Plantier in West Cork 13 years ago.
Officers from the Garda Extradition Section in Dublin travelled to West Cork last night where they arrested Mr Bailey shortly before midnight at his home outside Schull and brought him to Bandon Garda Station arriving there at around 1.15am.
It's expected that Mr Bailey will be brought before the High Court today where he's likely to apply for bail pending a full hearing in which the decision of the French authorities to issue a European Arrest Warrant for his arrest will be contested.
Last night's arrest came after Mr Justice Michael Peart sitting in the High Court in Dublin endorsed the European Arrest Warrant for Mr Bailey issued last month by French magistrate, Judge Patrick Gachon who is investigating Ms Toscan du Plantier's murder.
Lawyers from the Chief State Solicitors Office went before the High Court in Dublin yesterday afternoon with the original European Arrest Warrant issued by French Magistrate, Judge Patrick Gachon last month and presented it to Mr Justice Michael Peart.
Last week, Mr Justice Peart had asked for the original warrant and upon receipt of the document yesterday afternoon, he endorsed it, paving the way for the arrest last night of Mr Bailey (53) who is currently studying for his final law exams at his home near Schull in West Cork.
Mr Bailey's arrest is likely to trigger a protracted legal battle as Mr Bailey's solicitor, Frank Buttimer has already indicated that his client will vigourously contest the validity of the warrant and any attempt to extradite him to France when he is brought before the High Court.
And Mr Buttimer is on the record as saying that, in what he believes is the unlikely event of his client losing in the High Court, then he will appeal the matter to the Supreme Court as he believed granting a warrant in such circumstances would raise broader constitutional issues.
However the news that Mr Justice Peart had endorsed the European Arrest Warrant was last night enthusiastically welcomed by relatives and friends of Ms Toscan du Plantier who have campaigned to have her killer brought to justice.
Ms Toscan du Plantier's uncle, Jean Pierre Gazeau described the news as "fantastic" and congratulated the Irish justice system for its speedy endorsement of the European Arrest Warrant to facilitate the arrest of Mr Bailey.
"This is fantastic and it is so heartening for Sophie's parents, Georges and Marguerite because they have been waiting for 14 years for something like this," said Mr Gazeau who is also President of the Association for the Truth about the Murder of Sophie Toscan du Plantier
"Of course we know and fully expect Mr Bailey to fight this in the Irish High Court and the Irish Supreme Court if necessary so we still have many more steps to travel but tonight our hope grows a lot stronger," he told The Irish Times .
Mr Gazeau commended Judge Gachon on his work to date and he re-iterated his challenge to Mr Bailey to come to France to face the magistrate if, as he has continually claimed, he is innocent of any involvement in his niece's death.
"Ian Bailey has always said that he had nothing to do with the murder of Sophie - if that is the case, then he should to come to France to answer the many contradictions between his testimony and those of other witnesses in his libel action - let him come to France," he said.
Lawyer, Alain Spilliaert who advises the family and ASSOPH, also welcomed the news that European Arrest Warrant had been endorsed and described it as "a historic moment in the long and very determined struggle by the family to get justice".
"I am surprised because I had read that it would take several weeks for the judge to decide but the Irish authorities had shown great urgency and the investigation is now at a critical time but for us now there is a ray of hope in the distance and it's brightening all the time."
UPDATE
BARRY ROCHE Southern Correspondent - irishtimes.com
THE DECISION by French authorities to seek the extradition of Ian Bailey in connection with the death of Sophie Toscan du Plantier is based on a number of factors, including Mr Bailey’s behaviour in the immediate aftermath of the killing, The Irish Times has learned.
It is understood that investigating magistrate Judge Patrick Gachon has based his decision to issue a European arrest warrant for Mr Bailey on three distinct grounds, following a close examination of the Garda file on the killing and affidavits sworn by Garda witnesses.
Judge Gachon believes Mr Bailey has a case to answer on the basis that he knew certain details about the murder of Ms Toscan du Plantier at her holiday home in Toormore near Schull in 1996 prior to these details being confirmed by the police.
It is also understood that Judge Gachon is of the view that Mr Bailey’s statements that he suffered scratches to his face and arms while killing turkeys and cutting down a Christmas tree on the day before Ms Toscan du Plantier was killed do not stand up to close scrutiny.
Judge Gachon also believes that there is sufficient evidence on the Garda file to suggest that Mr Bailey was not at his home at Liscaha, Schull, for the entirety of the night of December 22nd/December 23rd, 1996, when Ms Toscan du Plantier was killed.
Judge Gachon has spent 12 months examining the Garda file, which includes statements from over 240 witnesses as well as a review of the Garda handling of the original investigation, while he also heard evidence from two officers who were centrally involved in the investigation.
Supt Liam Horgan, who is heading the Garda investigation into the killing and who was a liaison officer with Ms Toscan du Plantier’s family, and Det Garda Jim Fitzgerald spent three days giving evidence before Judge Gachon last November.
Mr Bailey, who was arrested on foot of the European arrest warrant at his home in Schull late last Friday night and brought before the High Court in Dublin on Saturday, has stated in court that he believes the warrant is based on false information.
His solicitor Frank Buttimer has indicated that his client will fully contest the warrant in the High Court and that if he loses that decision he will appeal the ruling to the Supreme Court, as he believes it raises broader constitutional issues.
Mr Bailey, who was twice arrested by gardaí for questioning about the murder of Ms Toscan du Plantier and was twice released without charge, hasconsistently protested his innocence and denied any involvement in the killing.
Ms Toscan du Plantier’s mother, Marguerite Bouniol, has welcomed the issuing of the European arrest warrant by Judge Gachon and said the family was hopeful that Mr Bailey would be extradited to France to allow Judge Gachon progress his inquiry into the murder.
Up date: 2nd June 2010:
Efforts by Ian Bailey to fight an attempt by France to extradite him raises “complex issues” including a claim of “abuse of process” and allegations of Garda misconduct, the High Court heard today 2nd June 2010.
The matter was adjourned until next month, when the court said it would be “anxious” to fix a hearing date for the request.
French authorities are seeking the surrender of Mr Bailey, with an address ‘The Pararie” Toormore, Schull, Co Cork, in connection with the murder of Sophie Toscan du Plantier in December 1996.
