Unsolved murder on the island

His eyes are blank and directed towards the ground. His dark brown hair reaches down to his neck and touches the cheekbones on each side of his face. He wears a green jumper over his white shirt. This was Ian Bailey in 1996 after the first time he had been questioned in the murder case of Sophie Toscan du Plantier. Fifteen years later his hair has turned grey but the expression on his face remains as empty as before. This time Bailey wears a black suit over his blue shirt after his hearing in the Supreme Court in Dublin.

"You wouldn't be able to believe the hell that we have been put through by this awfulness," said Bailey when leaving the court with his lawyer Frank Buttimer and partner Jules Thomas. The British journalist holds on to his belief that he is the victim of a defamation campaign.  

The murder of the French film producer has never been solved. Two days before Christmas in 1996 Sophie Toscan du Plantier was discovered dead in an isolated lane 200 yards from her holiday home in West Cork. The victim was the third wife of Daniel Toscan du Plantier, a leading French film director who has since died. The local community on the remote Mizen peninsula was outraged by this event; it was the only murder in living memory.

Ian Bailey, who used to work as a journalist, was one of the first reporters to arrive at the murder scene. He was subsequently three times arrested and questioned by the Irish Gardaí in connection with the murder. Bailey was released without charge on all occasions and so far nobody has ever been charged with the murder.

Ian Bailey 1996, Photo: socialregister.co.uk

It is hard to believe that evidence that could lead to a conviction. The French authorities seem to have agreed with that statement and appealed to the Irish Court for an extradition of Bailey to question him in France. The French paper Le Monde reported that the High Court in Dublin agreed on the principle of an extradition and du Plantier’s family were very optimistic getting the case transferred to France. Bailey appealed to the Supreme Court and brought new evidence in the hearing claiming prejudiced Gardaí investigations. Eventually, the Supreme Court decided against the extradition and overruled the High Court. Furthermore, the French paper wrote in the article that mistakes in the inquiry and false approximations have been made. The article claims that suspects were not put under investigation right away and that medical examiners arrived too late at the crime scene.

The evidence that points to Bailey as the chief suspect is strong. Twenty neighbours and acquaintances testified against him in court. Bill Fuller, who employed Bailey for a time, told the court how Bailey gave him a graphic description of the murder - speaking of himself in the second person. “You chased her and it stirred something in the back of your head. You went a lot further than you should have,” quoted Fuller.

Richard and Rosie Shelly claimed that Ian Bailey told them on New Year’s Eve 1998; “I did it. I did it. I went too far.” Malachi Reid said in the court hearing that Bailey said to him; “I went up there with a rock and bashed her f***ing brains out.”

There are more people who allege Bailey have confessed to the murder in front of them.

Extracts from Bailey’s diary which had been confiscated during the process show his violent behaviour towards his partner Jules. “I attacked and severely beat Jules to such an extent she sought hospital treatment….I actually tried to kill her. Two nights on she is badly hurt and walking wounded, with bruises on her face, lips and body,” wrote Bailey in his diary.

Sophie Toscan du Plantier, Photo: rte.ie

Other locals told of how Ian Bailey and Jules Thomas both spoke of the murder before it was reported and of how Bailey went straight to the crime scene without seeking detailed directions within an hour of learning officially of the killing. Finally, Ms du Plantier’s neighbour, Alfie Lyons, expressed in court that he was “90% certain” that he introduced Bailey to the murder victim. Still, all of that doesn’t prove guilt.

Bailey has always denied meeting the French woman and disputed any involvement in her murder. Recently, he claimed the Gardaí investigations of the killing of Ms du Plantier have been prejudiced. He also alleged Gardaí tried to pressure the Director of Public Prosecutions (DPP) to charge him, despite the DPP already having ruled there was insufficient evidence for a charge.

Those claims are supported by a report compiled by the former DPP Eamon Barnes that had been introduced into the proceedings of the Supreme Court. The new evidence is critical of the Gardaí and outlined all of the serious concerns that now form the basis of Bailey’s complaint. Justice Adrian Hardiman said the material included an alleged attempt by an unnamed senior Gardaí to procure the State Solicitor for WestCork to bring political pressure on the DPP for the prosecution of Ian Bailey. The report also consists of copies of emails written by then DPP Eamon Barnes and by State Solicitor for West Cork Malachy Boohig, as well as a memo about the case written by an official in the DPP's office.

"I believe that it is clearly desirable that these matters be investigated in the public interest and that the Ombudsman Commission is the appropriate body to do so,” said the Minister for Justice Alan Shatter. The Garda Síochána Ombudsman Commission (GSOC), which was established to investigate complaints against Gardaí, has begun the inquiry into the complaint from Ian Bailey. The complaint is likely to put the case into a different perspective and lead to a complex examination over the Gardaí handling the murder case.

Ian Bailey 2012, Photo: belfasttelegraph.co.uk

"This has obviously been a very trying time. I am obviously relieved that this particular part of the proceedings is over. There are many stages and matters still to be dealt with,” said Bailey in an interview on his way out of court. Standing next to his partner Jules who recorded the interview as well as other journalists Bailey said the last 15 years had been very, very hard. . On the other hand, Alain Spilliaert who is the lawyer representing the parents of Ms Toscan du Plantier described the judges' decision as a disappointment and a shock. However, he was confident that the French investigation into the murder case would continue.

Bailey presents himself like the victim of a false accusation of murder. He has sued eight newspapers for defamation during the proceedings of the case. “I have become the subject of perfidious and pernicious lies in an attempt to assassinate the name and character of myself and my partner,” said Bailey in an interview with the Sunday Independent. Each of the newspapers denied that the published articles suggested Bailey was the murderer. Instead they maintained the articles meant that he was the chief suspect and that he was a violent man. Even Judge Peter Moran accepted that Bailey was a violent man and guilty of “exceptional” acts of violence. “I personally have no hesitation in describing Mr. Bailey as a violent man and the newspapers were justified in describing him as being violent towards women,” stated the judge.

Sophie Toscan du Plantier’s murder appears to be lost in the long term discussions of Ian Bailey’s violent personality. The Irish nation has branded Bailey as guilty 15 years ago and his reputation is damaged anyway. Therefore, it might be a good time to hand over the investigations and all the remaining evidence to a third party (who can provide a more objective perspective on the case than police in Ireland or France.