An English journalist who was arrested twice for questioning about the murder of French film producer Sophie Toscan du Plantier will never be charged in connection with her death, the journalist's solicitor predicted yesterday.
Frank Buttimer said an extensive file had been prepared by gardaí following the two arrests of Ian Bailey (49) of Liscaha, Schull, Co Cork, and forwarded to the DPP but the DPP had decided not to bring any charges.
"The DPP has decided not to prosecute, that is how it currently stands, there never was going to be a prosecution against Mr Bailey and there never is going to be a prosecution against Mr Bailey," said Mr Buttimer.
Mr Buttimer made his comments at Bandon District Court yesterday during an application on behalf of Mr Bailey under the Police Property Act to have items seized by gardaí investigating the murder of Ms Toscan du Plantier returned to him.
The list of items runs to some 11 pages and includes items of clothing as well as diaries, notebooks and other writings.
Ms Toscan du Plantier's body was found at her holiday home at Toormore, Schull, on December 22nd, 1996.
Mr Buttimer told the court yesterday that Mr Bailey had been arrested in February 1997 and in January 1998 for questioning about the murder on foot of a statement made by a key witness upon whom the State relied, Marie Farrell.
However, he alleged that Ms Farrell's statement purporting to implicate Mr Bailey was a "concocted statement" and said there was a direct correlation between it and Mr Bailey's arrest in both 1997 and 1998 and the seizure of his property by gardaí.
Mr Buttimer alleged that the concocted statement was the result of "Garda corruption and misbehaviour" and in April 2005, Ms Farrell had flatly contradicted its contents and had withdrawn it. "The whole charade and facade has completely collapsed," he said
He had written to the Minister for Justice in October 2005 expressing concerns about Garda corruption and misbehaviour in the case and the matter was now the subject of a Garda inquiry under Assistant Commissioner Ray McAndrew, said Mr Buttimer. Mr Buttimer said that Mr Bailey had always "protested his innocence" but he had been "victimised and vilified" over the past 10 years and now was seeking to have his property returned to him.
The Garda has had possession of Mr Bailey's property for almost 10 years and no charge has been brought against him and the onus was now on the State to justify its further retention of the property or else return it to Mr Bailey, said Mr Buttimer.
State Solicitor for west Cork, Malachy Boohig said he objected strongly to Mr Buttimer's use of the phrases "Garda corruption" and Garda misbehaviour" and he also refuted suggestions that Ms Farrell's statement had been concocted by gardaí.
The investigation by Assistant Commissioner McAndrew was not an investigation into Garda corruption but was an "open investigation into the manner in which gardaí investigated the appalling murder of Ms Toscan du Plantier," said Mr Boohig.
He had spoken to the DPP who was seeking advice from the Attorney General as he felt that it would have implications for other cases, and the Attorney General needed time to examine the matter, so he was seeking an adjournment to allow this, he said.
Judge James McNulty said that seemed reasonable, though he did point out that after having the items for almost 10 years, it was "coming close to decision time" for the State and he adjourned the matter until November 3rd in Bandon District Court.
