A LAWYER acting for the family of murdered French film producer Sophie Toscan du Plantier has claimed what has been described as “an improper attempt” by gardaí to secure a prosecution against Ian Bailey should have no impact on attempts to extradite him to France.
Alain Spilliaert said the only issue for either the Supreme Court or the High Court, if either rehears the extradition case against Mr Bailey, is whether his rights as an accused person would be protected in France in keeping with the terms of the European Arrest Warrant.
He also claimed the opinion of the DPP in deciding not to charge Mr Bailey with the death of Ms Toscan du Plantier should not concern the court, and this was recognised by Mr Justice Michael Peart in his High Court extradition ruling last March.
“In the High Court judgment, Mr Justice Peart said whether the DPP has decided to charge Mr Bailey or not is not relevant. What is relevant is the French magistrate is entitled to form his own opinion whether Mr Bailey has a case to answer.”
Mr Spilliaert was commenting after it emerged retired DPP Eamon Barnes contacted the DPP’s office in October to draw its attention to a 2001 review of the case by a solicitor in the DPP’s office, who was critical of the Garda handling of the murder investigation.
In an email to the DPP’s office in October, Mr Barnes described the investigation as flawed and prejudiced. He also described an attempt by a senior Garda to get a direction from the DPP’s office to prosecute Mr Bailey as “grossly improper”.
Mr Barnes referred to a meeting he had with State solicitor for west Cork, Malachy Boohig, in Dublin in 1998, in which Mr Boohig said gardaí investigating the murder were anxious to get a direction to charge Mr Bailey with Ms Toscan du Plantier’s killing.
Mr Barnes referred to Mr Boohig briefing him that he had a meeting with three senior officers in Bandon Garda station after Mr Bailey’s second arrest and release in January 1998, when they argued strongly that the DPP should give a direction to charge Mr Bailey.
According to Mr Barnes in his email, Mr Boohig told him that after he left the meeting one of the three senior officers approached him and asked him to ask then minister for justice John O’Donoghue, with whom he had been at UCC, to get the DPP to bring a charge.
Contacted yesterday, Mr Boohig declined to comment. Mr O'Donoghue could not be contacted but The Irish Timesunderstands that no approach was made to Mr O'Donoghue regarding the suggestion made to Mr Boohig by the senior officer.
However, Mr Boohig brought the matter to the attention of the solicitor at the DPP’s office dealing with the case when he met him at the DPP’s office in Dublin in 1998, and he later discussed it with Mr Barnes at a general briefing on the same day.
It is understood when Mr Barnes brought the matter to the attention of then DPP James Hamilton last October, Mr Hamilton contacted Mr Boohig, who furnished him with a memo of the 1998 Dublin meeting confirming Mr Barnes’s account of the briefing.