A lawyer advising the family of French film producer Sophie Toscan du Plantier expressed confidence the French authorities will next year give the go-ahead for a murder trial in France, despite a change in the magistrate leading the investigation.
Alain Spilliaert, who advises Ms Toscan du Plantier’s parents, Georges and Marguerite Bouniol, and her son, Pierre Louise Baudey, said he was still confident English journalist Ian Bailey would stand trial in absentia in France for the death of Ms Toscan du Plantier.
The mother of one was holidaying alone at her cottage in a remote area at Dreenane, Toormore, near Schull in west Cork, when she was bludgeoned to death in the early hours of December 23rd, 1996.
Mr Bailey (59) was twice arrested by gardaí investigating the killing but was released without charge on each occasion. Mr Bailey has denied any involvement in the murder and denied ever making any admissions regarding Ms Toscan du Plantier’s death.
In 2008, after lobbying by Ms Toscan du Plantier’s family, the French authorities appointed a magistrate, Judge Patrick Gachon, to carry out an investigation into the killing under a provision that allows France investigate crimes against French citizens abroad.
According to Mr Spilliaert, the judge will hand over his file on the murder to the public prosecutor for Paris, Françoise Molins, later this week before he leaves his position to take up a promotion.
“Mr Molins will then give his advice on whether there should be a prosecution or not. We would expect that decision to take up to six months as Judge Gachon has compiled a very extensive file on the killing.
“Unfortunately Judge Gachon will not be able to retain possession of the file upon his promotion so a new investigating magistrate will be appointed to deal with the case and they will have to make a decision on a charge once they get the advice of the public prosecutor.
“It is good that Judge Gachon has completed his investigation but it’s disappointing that he won’t be there to terminate his work and make a decision on foot of the advice from the public prosecutor on whether or not to try Ian Bailey in his absence,” he said.
“Judge Gachon has spent seven years working on the case and he knows the file by heart and it’s going to take the new judge time to get to know the file,” said Mr Spilliaert.
“But I am confident that there will be a trial in absentia for Mr Bailey in any case – the amount of work done and the detailed nature of the investigation done by Judge Gachon is very impressive and it is good that he is able to send a full file to the public prosecutor.”
Mr Spilliaert said the new judge would be able to study the file in detail while the public prosecutor is preparing his advice and he expected a trial would still take place in absentia in Paris in 2017 and it could run for up to four weeks.
“I think Judge Gachon has prepared a good file. I know he is very satisfied with what he found during his visit to Ireland in October when he met with over 25 witnesses, and he was very pleased with the co-operation he received from the Irish police,” he said.
In 2010, Judge Gachon issued a European arrest warrant for Mr Bailey’s arrest in connection with the murder of Ms Toscan du Plantier and although the High Court ordered his extradition in 2011, Mr Bailey successfully appealed the ruling to the Supreme Court in 2012.
In March 2013, Mr Bailey told RTÉ's Liveline radio programme he remained concerned that the French might attempt to seek his extradition to France, as he believed the French authorities would seek to try him in absentia for Ms Toscan du Plantier's murder.
“I suspect if they did that [found me guilty in absentia] then I expect they would seek my extradition under a new warrant, and I would probably have to go through that whole proceedings again, but as I say, that’s hypothetical . . . it’s constantly there as a concern.”
