THE FAMILY of the French woman Sophie Toscan du Plantier murdered 12 years ago in west Cork say they feel optimistic that 2009 could bring justice in her case. “The investigation in France is a new start,” said Alain Spilliaert, a lawyer for Ms Toscan du Plantier’s parents, Georges and Marguerite Bouniol.
“The whole purpose of the investigation is to result in a prosecution sooner or later. It would not make sense for France to launch an investigation if legally there was no possibility of prosecution.”
Mr Spilliaert rejected suggestions in a Sunday newspaper that discrepancies between French and Irish law would prevent a suspect from being arrested and sent to France for trial.
“Although it is true that French law is based on the Napoleonic code, the French and Irish criminal justice systems are based on the same three principles: the presumption of innocence; the right to confront one’s accuser; the need to prove guilt beyond a reasonable doubt.”
If a French judge eventually issues a European arrest warrant in connection with Ms Toscan du Plantier’s killing, it would have to be validated by the Irish High Court, Mr Spilliaert said.
A suspect would probably plead that he could not obtain a fair trial in France. “But it’s not enough to claim that,” Mr Spilliaert said.
“He would have to prove it. The fact that the systems are not identical is not grounds. The principle of a fair trial is in the blood of French lawyers and judges; it is not exclusive to English-speaking countries.”
The lawyer objected to what he believes has sometimes been the perception of the case in Ireland.
“The image of a single judge doing whatever he wants to, pushed by the family who sit and cry on his doorstep, is completely false,” Mr Spilliaert said.
Judge Gachon received the Toscan du Plantier file from Ireland late last year. The lawyer said the French magistrate intends to request the relevant DNA samples. French forensic scientists are in the forefront of DNA technology, Mr Spilliaert said.
His hope is that the French investigation will “restart and refresh” the case, and that new evidence will come to the fore, which might lead Irish authorities to reopen it.
“For me it is indifferent whether there are proceedings in France or in Ireland,” he said.