The Director of Public Prosecutions is to study the transcripts of the Ian Bailey libel case to see if any new evidence emerged that could affect his earlier decision not to charge anyone with the murder of Ms Sophie Toscan du Plantier, write Carol Coulter, Carl O'Brien and Lara Marlowe
Mr Bailey yesterday lost his libel actions against six newspapers at Cork Circuit Court.
However, Judge Patrick Moran found in Mr Bailey's favour, and against two newspapers, on one point - the claim he had been violent towards his first wife - and awarded him €4,000 each against the Sun and the Irish Mirror.
Mr Bailey had sued eight newspapers which reported that he was the chief suspect for the murder of Ms Sophie Toscan du Plantier, whose battered body was found on a road near Schull on December 23rd, 1996.
Judge Moran found that the articles complained of in six of the newspapers were justified.
In his judgment Judge Moran said: "I would have no hesitation in describing Mr Bailey as a violent man,"adding that the newspapers were justified in describing him in these terms.
He also said he was an attention-seeker who courted notoriety.
The DPP has so far maintained his decision not to charge anyone in relation to the murder, based on the evidence he has received, although he has reviewed his decision three times.
A representative of his office, or of the office of the local state solicitor, was in court for each day of the libel case.
The newspapers involved in the case said yesterday they had been "vindicated" by the judgment.
However, the Sun and the Irish Mirror expressed their disappointment with the finding that they had defamed Mr Bailey, and both are considering an appeal.
Mr Paddy Clancy, of the Irish Mirror, said he stood over the original article he wrote, and pointed out that the judge found that most of the statements in it were justified.
Mr Bailey refused to comment as he left the court to a barrage of questions from the assembled media.
Mr Robert Dore, the Dublin solicitor for Ms Toscan du Plantier's family, who are planning a civil action for damages against Mr Bailey for her unlawful killing, said they were encouraged by the judgment.
"We would have preferred that all eight newspapers be cleared. But the technicality over which the other two were fined had nothing to do with what was published about Sophie's death," Ms Marguerite Bouniol, the dead woman's mother, said yesterday.
If no criminal case is brought, Ms Bouniol says the family will push ahead with the civil suit they filed against Mr Bailey in December 2002, for the unlawful death of their daughter.
"We're putting all our hope in the revelations that came out in the libel trial," Ms Bouniol continued. "For justice to be done, for Sophie, but also for the people who so bravely testified."
Mr Dore said yesterday's verdict would be helpful to their case.
"I'm awaiting the delivery of a defence from Ian Bailey's solictors," he said.
"If I don't receive a defence within 14 days, I'll bring a motion to coerce them to deliver a defence."
"It's heartening from our point of view that a circuit court judge felt that on the balance of probability, that which was published by eight newspapers relating to Ian Bailey's involvement in the unlawful death of Sophie Toscan du Plantier was true," Mr Dore said.
"In our civil action, we have the same onus of proof. It's a balance of probabilities; not 'beyond all reasonable doubt'."
Ms Marie-Madeleine Opalka, Ms Bouniol's sister, expressed frustration with the Irish legal system.
"In the face of so much evidence, confirmed by the witnesses, all of whom came - including one who was on her deathbed, who'd seen him burning a coat - we would not understand if no one was charged and tried," she said.
Until his death last year, Ms Toscan du Plantier's widower, Mr Daniel Toscan du Plantier, often expressed anger that no one had been punished for his wife's murder.
During the libel trial, four neighbours or acquaintances told the court that Mr Bailey had told them he killed the French woman.