There is a sad consistency in the fact that a legal action associated with the murder of Sophie Toscan du Plantier in west Cork nearly 20 years ago should conclude with no real resolution of the old conflicts and contradictions which have played out in assorted courtrooms since her death. It’s par for the course by now.
The latest chapter, involving a prolonged High Court hearing, pitted familiar protagonists against one another: journalist Ian Bailey, twice arrested as a suspect in her murder (though never charged), members of the Garda investigation team and some of those who made statements as part of the inquiry. Mr Bailey sued the Garda Commissioner and the State for alleged wrongful arrest, false imprisonment, conspiracy, assault and intentional infliction of emotional and psychological suffering.
The discovery in Bandon Garda station more than a year ago of recordings of telephone conversations between key parties in the case gave rise to anticipation that critical new evidence might emerge. But the parts of those recordings that entered the public domain during Mr Bailey’s case contained no knock-out blows. The lengthy proceedings that ended this week did little to address long-standing evidential conflicts. Much turned on the credibility of Marie Farrell who, extraordinarily, has given evidence both against and in support of Mr Bailey.
Most surprising was that a State application to invoke the six-year statute of limitations was not made until the 60th day of the 64-day case. When this application was accepted by the judge, key elements of Mr Bailey’s claim fell and the issue for the jury was narrowed to two allegations that named gardaí had conspired to implicate him in the murder. It took the jury just two hours to dismiss those claims. But the limitation on what they were allowed to consider rendered their verdict less definitive than if they had assessed all the claims.
So what now? Ian Bailey was within his rights in taking legal action and, unsurprisingly, found the State’s forces marshalled against him. The loss of the case leaves him facing a huge legal bill but little public sympathy; his name is indelibly linked to the Toscan du Plantier case. An appeal is being considered and his partner is pursuing her own case against the State for alleged wrongful arrest.
The impact of the Toscan du Plantier murder has faded over time but the shortcomings in the Garda investigation into it continue to weigh on public confidence. And that may yet be compounded by the work of the Fennelly commission which is examining the recording of telephone conversations in Bandon and other Garda stations around the State from the 1980s until 2008. It is almost inconceivable that the murderer will ever be brought to justice but the end of this tragic story is not in sight.