An English journalist was engulfed in "a nightmare" following his arrest and questioning for the murder of French film-maker Ms Sophie Toscan du Plantier, the Cork Circuit Court was told yesterday. Carol Coulter, Legal Affairs Correspondent, reports
Mr Ian Bailey is suing seven newspapers for defamation for articles they published in the weeks and months following his arrest on January 10th, 1997.
He was questioned for 12 hours by the Garda Síochána in Bandon, Co Cork, on that date and was then released. No one has ever been charged with the murder of Ms Toscan du Plantier.
Mr Bailey's counsel, Mr James Duggan, said the articles resulted in his client being described as "the murderer"; being shunned by society; not being able to have a career; and in great suffering for him and his partner.
Mr Bailey, dressed in a light-grey suit, blue shirt and maroon tie, began giving evidence in the case before a crowded court, containing more than 20 journalists and about 50 members of the public.
The court heard that the DPP had written to the family of the murdered woman last March saying he had no intention at that time of prosecuting any person for the murder. However, the file remained open and this could change if new evidence came to light, according to the DPP. Ms Toscan du Plantier's body was found on December 23rd, 1996, in a lane near her holiday home outside the west Cork town of Schull. She had been bludgeoned to death.
Her husband, Mr Daniel Toscan du Plantier, was a prominent film producer in France and a personal friend of the French President, Mr Jacques Chirac.
An unprecedentedly intense Garda investigation failed to result in anyone being charged with the murder.
Mr Bailey was arrested three weeks after the murder, and questioned for 12 hours. He lived three miles away, worked as a freelance journalist and had covered the murder for a number of French, English and Irish publications.
Following his arrest, a number of newspapers published articles about him, including interviews with him, in which he acknowledged he was a suspect.
He is claiming that the articles were defamatory, and that many of the journalists concerned had inveigled their way into his confidence and then published damaging material about him and his partner, Ms Jules Thomas. This material concerned reports about his relationship with his former wife, and his behaviour while working as a journalist in England, which was untrue, according to his counsel.
Mr Duggan acknowledged that his client was not a saint, that he had worked for the "gutter press" himself, and had mistreated his partner in a physical manner. However, "these indiscretions were pounced on by the media to vilify him".
An application to exclude evidence from gardaí involved in the investigation was refused yesterday.
The hearing is expected to last at least two weeks, before Mr Justice Moran. There is no jury. Mr Bailey will continue giving evidence today, followed by Ms Thomas.
The defence, on behalf of seven newspapers, is expected to call up to 60 witnesses.