Ian Bailey indicted in France over killing of Toscan du Plantier

Journalist has again asked DPP to charge him with murder ‘so I can clear my name’

Journalist Ian Bailey has confirmed he has written to the DPP Claire Loftus, again asking her to reconsider her decision not to charge him with the murder of Sophie Toscan du Plantier after he was served last week with an indictment by the French authorities for the killing of the film producer.

Mr Bailey told The Irish Times he received the French indictment last Thursday when it was delivered to him at his home by two detectives at The Prairie, Liscaha in Schull in west Cork by gardaí from Bandon on foot of a request by the French authorities under the Criminal Justice Mutual Assistance Act 2008.

“Now although they [the detectives] didn’t come to arrest me, receiving this French indictment has been very upsetting and distressing for Jules [his partner] and myself so I have written again to the DPP asking her to look at this French file and reconsider her decision not to prosecute me.

“The DPP can access this French file through the Department of Justice, and given the French believe they have enough evidence to prosecute me under French law, she should look at it again with a view to charging me here so I can clear my name once and for all and put an end to what is torture for us,” Mr Bailey said.

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The French indictment, issued by French investigating magistrate, Judge Nathalie Turquey on July 27th, 2016, to have Mr Bailey indicted at the Criminal Court of Paris, states that he is to be charged with the voluntary homicide of Ms Toscan du Plantier on December 23rd, 1996.

The indictment served on Mr Bailey runs to some 44 pages and makes reference to statements or testimonies made by just over 100 witnesses, comprising more than 90 Irish witnesses including about 10 retired and serving gardaí as well as about a dozen French witnesses.

Mr Bailey said he had yet to study the indictment in detail but it appeared to him that it was heavily reliant on “a lot of material that has been withdrawn, discredited or challenged by us” and it included statements by some witnesses who were now deceased.

Complaint

The indictment follows a complaint made by Ms Toscan du Plantier’s late husband Daniel Toscan du Plantier, and her parents Georges and Marguerite Bouniol, filed against Mr Bailey on January 17th, 1997, for voluntary homicide, murder and assassination of Ms Toscan du Plantier.

The indictment also includes an additional charge of witness tampering, filed on August 22nd, 2008, which appears to relate to alleged approaches made by Mr Bailey to State witness Marie Farrell who had implicated him in the murder in several statements to gardaí which she has since withdrawn.

News that the French indictment had been served on Mr Bailey was welcomed by lawyer Alain Spilliaert, who acts for Ms Toscan du Plantier’s parents, her brothers Bertrand and Stephane, her son Pierre Louis Baudey-Vignaud and other relatives.

“We welcome the delivery of the indictment – the decision of the French inquiry judge was rendered on July 27th last and the translation was made and delivered to the Irish Department of Justice on October 19th, and now it has been delivered to Ian Bailey, so it is progressing.”

“It’s an important further step in the process after a European Arrest Warrant for Ian Bailey was issued on July 13th last and we continue to work for a trial – probably in absentia – as soon as possible and that remains our hope,” he said.

Mr Bailey was twice arrested by gardaí for questioning about the murder of Ms Toscan du Plantier but was released without charge on each occasion and has denied any involvement in the killing and denied ever making any admissions that he killed her.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times