THE STATE is agreeing to hand over material including medical records, writings and drawings to French authorities investigating the murder of Sophie Toscan du Plantier, a judge heard yesterday.
Dublin District Court was told the Minister for Justice was complying with a request to assist them in their probe into the death of the 39-year-old French film producer, who was beaten to death near her holiday home in Schull, west Cork, in December 1996.
Last week, 54-year-old former journalist Ian Bailey, who has always denied any involvement in Ms Toscan du Plantier’s death, won a two-year legal battle to stop his extradition to France.
However, authorities there still want to question him. Paris-based investigating magistrate Patrick Gachon was appointed in 2008 to run an independent inquiry into the murder.
Yesterday at Dublin District Court, Judge Ann Ryan heard a request was being made on behalf of the French authorities to have certain material connected with the investigation handed over to them.
Lawyers for the Minister for Justice told the judge the French had asked for assistance under provisions contained in the Mutual Assistance Act 2008.
Under section 63 of the legislation, confidential or sensitive evidence being received by the requesting country should not be heard in public, argued Roisin Lacey, for the Minister for Justice.
Martin Giblin SC, for Mr Bailey and his partner Jules Thomas, who were not present for the hearing, said he did not have instructions on that issue.
However, he asked for an adjournment, saying the application by the French authorities had first been made in 2010 and he wanted to find out why a delay had occurred.
He added he wanted to make submissions that the proceedings were an “abuse of the processes” of the Irish courts.
Judge Ryan refused to grant an adjournment, saying she was appointed in an appropriate fashion to receive the evidence and was acting as a conduit.
Ms Lacey said the request from the French was appropriate, and both jurisdictions should comply with their obligations under the Mutual Assistance Act.
Before taking the evidence, Judge Ryan asked to hear from Det Insp Joseph Moore to decide whether it would contain information that should not be heard in public.
Det Insp Moore, who is attached to Bandon station, Co Cork, is now heading the investigation into Ms Toscan du Plantier’s murder.
He said he was aware of the material sought by the French and that the death was also under investigation in France. “There is material in there which is part of a live investigation; all this material may be at a later stage in a court procedure here or in another jurisdiction,” he said.
He agreed the material involved sensitive information and that it was necessary to protect confidentiality.
“There are issues where it could be prejudicial if it was leaked to the media,” he said.
He said it included “medical reports of a party, and writings and drawings of a party that I would consider sensitive”.
Judge Ryan held that from then on the proceedings should not be heard in public and journalists present were excluded. The hearing proceeded in camera.
Meanwhile, lawyers for Mr Bailey are seeking orders requiring the State to pay costs at the highest level for his successful challenge to efforts to extradite him to France in connection with the murder.
The Supreme Court, which last week unanimously allowed Mr Bailey’s appeal against a High Court order for his extradition, was told yesterday his lawyers were seeking costs at the highest level – on a solicitor/client basis – in relation to the case.
The costs are likely to amount to several million euro, according to legal sources.