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Dublin: 10 °C Wednesday 22 May, 2013

Toscan du Plantier murder: Family begins legal battle to change Irish laws

The family of Sophie Toscan du Plantier wants the European Commission to bring Ireland to the European Court of Justice.

Ian Bailey convinced the Supreme Court earlier this year that it could not honour a European arrest warrant trying to send him to France.
Ian Bailey convinced the Supreme Court earlier this year that it could not honour a European arrest warrant trying to send him to France.
Image: Leon Farrell/Photocall Ireland

THE FAMILY of French murder victim Sophie Toscan du Plantier, who was murdered in Co Cork 16 years ago, have reportedly launched a campaign to have Ireland taken to the European Court of Justice in order to have its laws changed.

Le Monde says family solicitors have confirmed that an appeal would be lodged with the European Commission, seeking to have it bring Ireland before the Luxembourg-based court so that Ireland could be forced to amend its laws on extradition.

The new legal campaign comes six months after Bailey successfully argued at the Supreme Court that Irish law meant he could not be extradited unless he had been formally charged with Toscan du Plantier’s murder, at her holiday home in west Cork in December 1996.

The Court ruled that Section 21A of the European Arrest Warrant Act 2003, as amended, means people cannot be extradited merely for the purposes of a police investigation.

This meant that because Bailey had not been formally charged, the European arrest warrant obtained by France could not be followed up.

Is Ireland in breach of EU law?

The Toscan du Plantier family are now likely to argue that the Irish Act is in breach of European treaties by failing to acknowledge the terms of the arrest warrant. If the ECJ were to agree, Ireland would be forced to change its own domestic laws – meaning a fresh warrant could be sought for Bailey’s extradition.

The family solicitors, confirming earlier reports in Le Figaro, said there was “a strong hope” that Bailey’s case could be considered by a Parisian court next year.

“In January, Ireland will chair the European Union,” one told Le Figaro. “More than ever, this country needs to enforce the law.”

Although Toscan du Plantier was killed in Ireland, French law still allows its authorities to investigate the suspicious death of a French citizen in another jurisdiction. Those authorities do not, however, have the power to compel witnesses to be sent to France.

Read: Ian Bailey’s lawyer: French authorities intend to continue with process

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Comments (56 Comments)

  • Julian Assange picked the wrong country after he left Sweden!

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  • The French are perfectly within their rights to take us to court over this. Forget about the merits (or lack of them) of this case.

    They are simply saying that we have not implemented the laws we agreed to via European treaties we have enacted.

    This is the same principle that allowed David Norris to take the State to court in Europe.

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    • Interestingly enough when the accused in the Michaela McAreavey case were found innocent the Journal’s comment section was full of people questioning the Mauritian legal system and calling on our Government to interfere in it.

      We clearly though don’t seem to be keen on the reverse when somebody from outside questions our legal system.

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    • “They are simply saying that we have not implemented the laws we agreed to via European treaties we have enacted.”

      Problem is this. Its not about us not implementing laws.

      As the article says it’s about having our laws changed. Not implemented. Changed. Big difference.

      If they don’t like the laws of THIS country, then fine. But who the hell do they think they are trying to have a change in OUR law forced on us, just because they can’t prove anything?

      If they are successful we would be forced to amend our laws to benefit someone else. If they are successful, what’s stopping us from taking Mauritius and Australia, and every other to court over the murder of Irish citizens. What’s to stop every other country taking us to court to have our laws changed to suit their liking?

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    • @Jim
      spot on. sauce for goose etc….

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    • Damien, you’re missing the point – implementing law and changing it are the same thing.

      We have agreed to be bound by decisions of the ECJ. That means they get to decide whether we have failed to implement or change our laws in the way that we have agreed to.

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    • Here’s the thing Bob, it’s not up to the du Plantier family to decide what our laws are.

      That is up to the Irish People and the Irish Government. Who the hell do they think they are trying to change our law to their own ends? Where will it stop after that?

      It says in the article “The Toscan du Plantier family are now likely to argue that the Irish Act is in breach of European treaties by failing to acknowledge the terms of the arrest warrant.”

      How can this be when it also states that “Section 21A of the European Arrest Warrant Act 2003, as amended, means people cannot be extradited merely for the purposes of a police investigation……..because Bailey had not been formally charged, the European arrest warrant obtained by France could not be followed up.”

      By refusing the arrest warrant, the Courts followed the letter of the EU law, and now the du Plantier family want that changed, for their own reasons.

      Like it or not, Bailey was NEVER convicted over it, because of the shoddy investigation. And after 16 years, NO new evidence came to light to prove he did it. The only reason the family are going after Bailey is because they have no one else to go after.

      Oh and if we didn’t change it before, why is it only coming to light now? There is no way we would have gotten away with it for this long.

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    • You’re still missing the point Damien.

      The du Plantier family will not be deciding what our laws should be.

      The ECJ will be because we the Irish people gave them the power to do so.

      (And We also agreed that people like the du Plantier family should have the power to lodge appeals to the ECJ that could force a change in our laws.)

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    • I’m not missing the point. They ARE deciding. They are doing that by taking Ireland to court to have the law on extradition changed. A law they don’t agree with because it doesn’t suit them and their case.

      If they are successful, does this mean i can now have laws changed in ANY european country now that i do not agree with?

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    • Our law says that they can do this. We have agreed to a process like this. It is legal. That’s the point you are missing.

      And yes, if you have locus standi, you have the option to take any EU country to the ECJ.

      Of course, you (and the du Plantiers) might lose.

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  • has any journalist shown them the report that was made showing the gardai screwing the case and what did the family say?

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  • The fact is that while a tragic murder happened, it should be dealt with by the Irish legal system. What happens if they are successful? If a person gets in a fight with a fight with French person in Cork, they could be tried in Paris.
    If the roles were reverse would the Irish government seek the French authorities to hand over a suspect and what would the French authorities say if such a request was made?
    If Ireland are forced to hand over a suspect in this case we might as well get rid of the justice department because it’s functions will have been usurped by the EU. On the flip side it will lead to a saving for Ireland as we will not need to finance an independent justice department and Interpol can be the police force.

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  • So from now on Germany will be running the Irish finances and France will be running the judiciary.

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  • If the US tried to do this there would be (justifiable) outrage in Ireland. Any other country in the world would tell them to f**k off and rightly so.

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  • “The Court ruled that Section 21A of the European Arrest Warrant Act 2003, as amended, means people cannot be extradited merely for the purposes of a police investigation”

    If this is the case why is Sweden looking for the extradition of Julian Assange, especially given he has not been charged with anything and has offered to answer any questions from the UK.

    Back on topic- the parents of Sophie Toscan du Plantier must be serious power players in Parisian & French society. Not only did they get the French government to lean on Irish diplomats to re-open the case (something the average Irish citizen would find next to impossible to achieve) they also leaned on upper levels of management in the Gardai to allow French police come over to west Cork to re-investigate it. It was basically them saying ‘we think the your Irish police are incompetent and we want to send over our French police who know what they are doing’. It takes a lot of power and influence to make something like that happen across national borders. When you thin about it not only were they insulting the Gardai, they were also subverting them. All of which leads me to believe that the duPlantier family have friends in very, very high places.

    I do feel sorry for their loss but I am also getting the distinct impression that they are throwing their not insignificant weight around and the Irish government is buckling. The other problem is that if they are people who have their hands on the levers of governmental power in France then there is a good chance they have their hands on the power levers of the French judiciary too – it has become plainly obvious that the duPlantier family are confident they can get a conviction on French soil, otherwise why pursue this line of legal action.

    Given that there is no fingerprints or DNA and only circumstantial evidence against Ian Bailey (which is why the Gardai have never charged him) then how do they expect that a French court is going to convict him ? The case against him is very weak but yet they are confident of a conviction – if they can get him on French soil. There is something more to this that we do not know.

    The fact of the matter is that the Gardai messed up this case by not preserving the crime scene and her house. Then there was the (proven) collusion between detectives and the Cork state solicitor which now means that Ian Bailey couldn’t get a fair trial and therefore cannot be tried. It is never gong to happen now because he proved his case at the Supreme Court. The du Plantier family need to accept this and move on, it is harsh but they are just setting themselves up for more heartbreak.

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  • They don’t like the laws are here so that are taking Ireland to court over it?

    While i do have sympathy with them over what happened, If they don’t like the laws of this country, then tough.

    And if they are successful in taking Ireland to court, and then win, then the flood gates will open, Anyone with a legitimate claim can take ANY European country to court over it’s laws.

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  • i must have missed the part where we became a French colony……

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  • The French are making an indictment against our legal system. If the situation were reversed, there is no way the French judiciary would allow for the Irish prosecution of a crime that occurred in their jurisdiction. There is without doubt a level of arrogance with regard to the French authorities attitude to the Irish system of justice. I am not necessarily a fan of Mr. Bailey’s, but how could he be expected to get a fair trial when all of this French legal posturing is predicated on the presumption of his guilt.

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  • I’m not sure about everyone else here but I am happy with our extradition laws. Why should another country have to right to extradite a man from his country when he hasn’t been formally charged?
    With all due respect to the family and the French government, back off.

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  • this is evident of an increasing breakdown in respect for the rule of law.

    We see Sweden making a big issue over extraditing Assange even though they could come to the UK to question him on accusations he was questioned about and released, but now they want to question him again.

    The French police came here and questioned Bailey and there is no forensic or other evidence against him.

    Then we have he case of Gary McKinnen in he UK who the US has been trying to get extradited to the USA for almost 10 years now.

    Either these governments who tell us we must respect the rule of law, respect it themselves or the whole thing becomes a farce.

    Now that the cancer of rendition, which Ireland acquiesed too in their usually cowardly way, was never challanged, it now seems other countries think they too can do what they like with innocent until proven guilty folk.

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  • JayK 11/09/12 #

    Is there a specific European treaty that we are not complying with? What are they challenging us on?

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  • And we are looking for justice in Mauritius, Strange how when the shoe is on the other foot, The shit hits the fan!
    I say; Justice for the DuPlantier Family is long overdue.
    Our laws could do with a huge overhaul in many areas to bring them into the 21st century.

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  • So by this logic. If a German person kills a French person in ireland. The case will be in France with the a defence case then in Germany. What if there are multiple nationalities involved ? On a serious note it is a very dangerous path allow this.

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  • This is and always has been a witch hunt and it is getting more disgusting by the year, the french should be told to f… off and the EU for that matter.

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  • Come to Ireland and get away with anything!

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  • As far as I am aware there isn’t a shred of evidence that Bailey was involved. The one piece of evidence where a woman claimed she saw him near the scene was retracted and the woman claimed the police had put her under pressure. The man is innocent until charged and proven otherwise. The French attitude is absurd. I suspect it’s because the murdered woman was quite famous in France that the French authorities are under so much pressure to keep after Bailey.

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  • when are the investigating cops going to arrested?

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    • why??? there are NO other suspects in this case. with out making myself subject to legal action you can have the right man but only circumstantial evidence which the dpp will not run with.

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    • itchybollix, after 16 odd years there is not a shred of evidence that he did it. So how can they arrest him?

      More to the point, how can they arrest ANYONE when there is no evidence, linking ANYONE to the murder?

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  • Here’s one for ye, if Mr Bailey is innocent, let him go voluntarily to France and face his accusers, surely they won’t find any reason to charge him, and let that be an end to it. What is he afraid of?

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    • Innocence does not have to be proved, guilt does.

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    • The failure to properly collect evidence against the person who did this lays squarely at the feet of the police. They failed to do their job properly.

      And the failure of the police to do their job right means there is NO evidence that he did it.

      How many times do people have to try and bring him to court over it? It’s been 16 years and since then, not 1 new piece of evidence has been uncovered to link him to the crime. You happy hounding him until his death before anything else happens?

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  • very true Mick.

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  • Tommy C 11/09/12 #

    Is Bailey an Irish citizen? If not, then they should appeal to the British courts to have him sent for trial.

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    • He is a British citizen but he is resident here on Irish soil, therefore that couldn’t happen. Any case should take place on the soil the alleged crime occured. Otherwise we just descend into countries trying to reach across national borders to charge someone with a crime that wasn’t committed on their soil.

      Reply
    • Tommy C 11/09/12 #

      If we have to abide by the EUs financial orders and requests, why dont we all streamline our justice systems?

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  • The actual court case is irrelevant. As said, if the case is su

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    • Apologies, damn phone! I just meant to say that I understand the case, and if they win then Ireland obviously was out of kilter. What disturbs me however is what they are trying to change. I think that unusually the Irish law is more correct. There should be no law that allows a person to be forcibly sent to a different country just for the authorities to BEGIN their investigation! If they charge the person then absolutely. On top of that how ca they reasonably investigate from a different country to where the crime took place…?

      Reply

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