A lawyer representing the family of murdered French film producer Sophie Toscan du Plantier has expressed his dismay that the Irish authorities failed to disclose a Garda response to a critical review by the DPP of evidence in the case prior to a Supreme Court hearing.
Alain Spilliaert said he was amazed to discover that the DPP had chosen to disclose a 44-page review of the Garda investigation prior to a Supreme Court appeal against extradition by Englishman Ian Bailey, but failed to disclose a replying document from the Garda Síochána.
The then DPP, James Hamilton, approved the release of the review by solicitor Robert Sheehan of the DPP’s office to Mr Bailey’s legal team in November 2011 prior to Mr Bailey’s Supreme Court appeal against a High Court ruling allowing his extradition to France.
Mr Bailey was twice arrested for questioning about the murder of Ms Toscan du Plantier, whose badly beaten body was found at her holiday home in Toormore near Schull in west Cork 17 years ago today, but he has always denied any involvement in her killing.
'Extraordinary'
At the time of the release of the DPP review, Mr Spilliaert said he found it extraordinary that the DPP would disclose a confidential document detailing critical comments about witnesses in the case to the legal team of a person being sought in France in connection with the murder.
“Giving this document with all the details about witnesses who made statements to the Garda and with some very negative comments about some of them by the DPP, giving this to Ian Bailey in his fight against extradition, we found extraordinary,” he reiterated yesterday.
"We felt the DPP opened a Pandora's box when he produced this document sorti du chapeau [from under the hat]. We believe it was a scandal but now we have learned that all the time the DPP had a very detailed response from the Garda which he did not produce to the court."
'Omitted or ignored'
He added: "We have not seen this Garda response but it is our understanding that it is a very detailed response which addresses each of the points raised by Robert Sheehan as well as many other points which were omitted or ignored in the review, and yet it was not offered by the DPP.
“It is unfair and unbalanced to provide one document to the Supreme Court and not the other – we believe it runs contrary to the basic principles of natural justice. It was a scandal to release the DPP’s document but it was a double scandal then not to release the Garda reply.”
Mr Spilliaert acknowledged the Supreme Court had refused Mr Bailey’s extradition because it was not clear that he was being sought in France for prosecution and because of doubts about the reciprocality of Ireland and France’s extraterritorial claims of jurisdiction.
Nonetheless, he questioned whether the DPP’s document may have influenced the Supreme Court and he cited a comment in court by Mr Justice John Murray prior to judgment where he noted it would be “a relief” for the Garda if the court did not have to deal with the DPP’s document.
Contacted by The Irish Times about Mr Spilliaert's comments regarding the failure of the DPP's office to make available the Garda document responding to Mr Sheehan's review to the Supreme Court, the DPP declined to comment.
