THE PARIS prosecutor's office has accepted a lawsuit filed by the family of Sophie Toscan du Plantier for intimidation of a witness and false testimony.
Ms Toscan du Plantier was murdered in west Cork on December 23rd, 1996. The lawsuit for intimidation was filed at the end of July and was accepted last month, said Alain Spilliaert, a lawyer for Georges and Marguerite Bouniol, the dead woman's parents.
"It's an important step for us, because it proves the French justice system is also mobilised on the lawsuit for intimidation," Mr Spilliaert said.
The lawyer recently met the French investigating magistrate Patrick Gachon, who told him he was waiting for the Toscan du Plantier file to be transferred from Dublin to Paris. Irish authorities said they would do so on July 11th, but it has not been sent yet.
"Judge Gachon sent another letter rogatory [formal letter of request] last month, answering all the Irish questions," Mr Spilliaert said. "We don't understand why it is taking so long."
Judge Gachon did not want to start his investigation from scratch, Mr Spilliaert added. "He wants to work from the Irish records. Based on the Irish file, he will decide whether to issue summons. It would be difficult for him to build his case without questioning Ian Bailey and Marie Farrell."
As allowed by French law, the lawsuit for intimidation was filed against anonymous persons cited as X, but Mr Spilliaert said it targeted Mr Bailey, who was long considered the chief suspect in the murder case.
Ms Farrell initially testified that she saw Mr Bailey about 3am on the night of the murder near the home of the victim.
She later claimed gardaí put pressure on her, but a case against them was dismissed.
"Marie Farrell said on television that she retracted her testimony after receiving threats from Bailey, who allegedly went into her shop and made a throat-cutting gesture if she didn't retract her testimony," Mr Spilliaert said.
"Under French law, intimidation of a witness is punishable by three years in prison. By accepting the lawsuit, the Paris prosecutor recognised Sophie Toscan du Plantier's parents as victims."
The Irish records must be translated into French. Judge Gachon has arranged to have three translators work full time on the file once it is received.
Meanwhile Mr Bailey's solicitor, Frank Buttimer, has told The Irish Timesthat neither he nor his client has received any correspondence from Judge Gachon or the French authorities. "Neither Mr Bailey nor I have any contact with the French authorities and, if and when we do, we will respond appropriately," he said.
A civil suit, filed by the family against their daughter's unknown killer in 1997, is still pending.