GARDAÍ ARE to assist the French authorities in investigating the murder of Sophie Toscan du Plantier following a decision in the case by the Director of Public Prosecutions.
The DPP has directed that nobody should be prosecuted following an internal Garda review into its investigation of Toscan du Plantier's murder.
The 39-year-old Frenchwoman's body was found near her holiday home at Toormore, near Schull in west Cork, on the morning of December 23rd, 1996. No one has been charged with her murder.
The internal Garda review, by Assistant Commissioner Ray McAndrew, began in 2005 after a complaint was received from Cork solicitor Frank Buttimer.
He wrote to then Garda commissioner Noel Conroy expressing concern that his client, English journalist Ian Bailey, had been arrested on foot of a statement made by Schull shopkeeper Marie Farrell, which she later withdrew.
In the statement Ms Farrell said she had seen Mr Bailey on a bridge over a mile from Toscan du Plantier's home on the night she was murdered. In October 2005 she said the statement was false and she had been coerced into making it by gardaí.
Following Mr McAndrew's review of the matter, the DPP has directed that no prosecution should take place.
In a statement last night the Garda said this meant it was free to assist the French authorities with their investigation into Toscan du Plantier's murder.
"In light of the fact that there are now no criminal proceedings in train or contemplated, the Garda Commissioner has decided that An Garda Síochána is now in a position to progress requests received from the French authorities," it said.
An investigating magistrate has been assigned to the case in France, where a prosecution could take place because Toscan du Plantier was a French citizen. The material to be made available by the Garda includes statements and, possibly, postmortem samples, it is understood.
The decision to co-operate with the French authorities' request follows consultations between Garda Commissioner Fachtna Murphy, Attorney General Paul Gallagher, Minister for Justice Dermot Ahern and officials of his department.
Toscan du Plantier's family has lobbied French president Nicolas Sarkozy to raise the issue with Taoiseach Brian Cowen when he visits Ireland later this month.
Mr Buttimer said last night he was "disappointed but not surprised" at the DPP's decision not to prosecute anyone.