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Cold Case Review of Sophie Tuscan du Plantier murder to proceed. **Threadbans lifted - see OP**

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Comments

  • Registered Users, Registered Users 2 Posts: 220 ✭✭Zola1000


    Excellent post, and again highlights exactly why we are here nearly 30 years on. At times for us to get past focussing solely on one person we have understand what process was used on determining what suspect list was drawn up and how they were eliminated...and that in itself is what has unravelled..the techniques applied have been flawed..as we are left with no real evidence of any kind to place someone at scene..to piece the elements together.



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    "A conspiracy as big as the history of the state?"

    That`s not what I said.

    "It is a lot in one post to demonstrate a total lack of understanding of conspiracy theories and the history of the state but that post nails it"

    Because you paraphrased me incorrectly I`m assuming that you have misunderstood what I originally said.

    "zero understanding of how miscarriages of justice can occur too"

    I took an interest in cases where justice was miscarried after I read Chis Mullins book back in the day. This however was justice denied.

    "forensics found no trace of Bailey at the scene"

    Nor anybody else either so it doesn`t absolve him. The sample on the shoe could have been already present for months if not years.

    "Eugene Gilligan in the media contradicting his sworn statement"

    That just isn`t true.

    "Gardaí on the record talking about having only a flimsy case against Bailey"

    In the context of what was being demanded by the DPP. But it became clear that the DDP erred in the weight given to Jules Tomas publicly rowing back on her statement when she undermined herself in her RTE interview in 2017. It also became clear that the DPP erred in the weight given to Ian Bailey`s testimony when that testimony was contradicted again by more than twenty witnesses marching into court and repeating their own statements under oath.

    "rumours abound that she (Farrell) was in cahoots with the guards"

    Rumours now is it? She dumped on them big time when she switched sides. The extent of "cahoots" she described was her being pressurized by them to identify Bailey as her man in black. Even if that is true it became apparent when she said the man at Kealfada was the same man she saw outside her shop and on the Airhill road that they had every reason to think it must have been Bailey based on corroborative evidence.

    "Gardaí are recorded in this case talking about pressuring a colleague to change their statement relating to a witness."

    A colleague who had said he found the witness truthful when the witness had actually lied when first arrested.

    "The Jobs Book for the case was deliberately tampered with. Was that a conspiracy?"

    Based on what we know, it wasn`t. You being a stickler for process should acknowledge that. In fact if there was the kind of conspiracy that is required for anyone to look elsewhere from Bailey, we should be finding evidence of it all over those Bandon tapes where hours of Garda conversations were covertly recorded. Those tapes confirm that that level of conspiracy just did not happen.



  • Registered Users, Registered Users 2 Posts: 35,467 ✭✭✭✭odyssey06


    A "level" of conspiracy? So was there a conspiracy or not?

    You are the one claiming a conspiracy as big as any in the history of the state?

    I understand perfectly well how you are trying to create a strawman that demands a massive conspiracy while not engaging with the unsafe Garda practices on the case and with witnesses.

    Do miscarriages of justice require a "conspiracy"? Yes or no?

    You are the making these claims about conspiracy yet unable to answer simple questions about what is and isnt one and the extent of them.

    Conspiracy is just a word you trot out without any understanding or definition.

    Are two Guards on the Bandon tape involved in a conspiracy? Yes or no? Why not?

    No vague nonsense about 'levels'. Yes or no.

    Did the pages fall out of the Jobs Book themselves? Why wasnt it a conspiracy? Pages were deliberately removed in secret. What I do acknowledge is your blatant attempts to deflect from the Garda malfeasance in this case by creating a nonsense strawman about a conspiracy as big as any in the history

    Did Marie Farrell lie about seeing Bailey at 3am? If she is mistaken it demolishes your claim that a conspiracy against Bailey implies witnesses lying.

    If she was pressured to lie then does that then prove there was a conspiracy?

    Which is it?

    The Guards whipped the locals up into hysteria about Bailey. Witness grown man Bill Fuller reduced to a gibbering wreck cos he thought he saw Bailey across a field. Was that a conspiracy?

    Eugene Gilligan contradicted his sworn statement raising items of evidence in a media interview not listed in his statement . His original statement was posted to the thread. Why did he not mention them in his statement at the time but only mentions them years later in the media?

    Incompetence? Faulty memories? Or is that a conspiracy? Why not?

    How many people and Guards engaged in dubious conduct makes a conspiracy?

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 4,308 ✭✭✭chooseusername


    …. Deleted, I'll try again.

    Went to bed

    instead

    Post edited by chooseusername on


  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    "you are trying to create a strawman that demands a massive conspiracy while not engaging with the unsafe Garda practices"

    I engaged with each point you raised in your previous post. I`m not creating a strawman. There is a burden of circumstantial evidence that shows Bailey`s guilt and that can only be usurped by a conspiracy that requires the collusion of multiple Gardaí and multiple witnesses.

    "Do miscarriages of justice require a conspiracy? Yes or no?"

    Not in every case. But in this case absolutely yes. Jules Thomas`s statement would have to have been fabricated. That required conspiring interrogators and clearly did not happen. She signed off on it twice. There are also far too many witnesses who directly contradict various aspects of the suspect`s testimony.

    "Are two Guards on the Bandon tape involved in a conspiracy? Yes or no?"

    Yes. They are conspiring to stop a colleague from making a poorly judged statement suggesting the truthfulness of a witness who had not been initially truthful.

    "Did the pages fall out of the Jobs book themselves? Why wasn`t it a conspiracy."

    The burden is with you to say why it was, not with me to say why it wasn`t. I don`t know why those pages were torn out but the reason may be far more innocuous than you like to imagine.

    "Did Marie Farrell lie about seeing Bailey at 3 AM?

    I don`t know.

    "If she was pressured to lie then does that then make it a conspiracy? Which is it?"

    If she made it up, I have no doubt that she did it all on her ownsome. No Garda would conspire with her to have Bailey walking away from Kealfada in the direction of Goleen.

    "The Guards whipped the locals up into hysteria about Bailey."

    The brutality of the murder, the fact that a nutjob could knock on your door in the middle of the night and the fact that the nutjob was probably Bailey was what whipped up the hysteria. The Gardaí had a genuine concern that he could do it again. It would have been irresponsible of them not to warn people.

    "Witness grown man Bill Fuller become a gibbering wreck cos he thought he saw Bailey across a field. Was that a conspiracy?"

    Absolutely not. Fuller became a gibbering wreck the day Bailey confessed to him.

    "Eugene Gilligan….Why did he not mention them in his statement at the time but only mentions them years later in the media?"

    Further evidence there was no conspiracy. If he was intent on nailing Bailey, then his statement would have been as specific as his Netflix interview.



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  • Moderators, Politics Moderators Posts: 42,867 Mod ✭✭✭✭Seth Brundle


    There is a burden of circumstantial evidence that shows Bailey`s guilt and that can only be usurped by a conspiracy that requires the collusion of multiple Gardaí and multiple witnesses.

    Were Martin Conmey and Dick Donnelly, the two lads convicted of Una Lynskeys murder (and Marty Kerrigan who was also nlamed and murdered by relations of Una) victims of a conspiracy? Their convictions involved the collusion of multiple Gardaí and multiple witnesses.

    Were Joanne Hayes and her family victims of a conspiracy?

    Were Frank McBrearty (Sr & Jr) victims of a conspiracy?



  • Registered Users, Registered Users 2 Posts: 558 ✭✭✭jesuisjuste


    Some of the points you raise may require a conspiracy, but many don't. Many of the things that are talked about on here could certainly have required a conspiracy, like the hitman theory or Daniels involvement at all really. In addition some of the more wild ideas around Bailey and his treatment. However this works both ways. It would also be considered a conspiracy theory that Jules and family were involved in protecting him. (I know you don't believe that either)

    However, when there is no explanation provided, or no response to a specific allegation, then there can be some reasonable explanations approached that are based on some well-grounded suppositions.

    For example with the jobs book, it is the most reasonable explanation that a single individual got his/her hands on it and destroyed the evidence, as it made them, or their pal look bad. Most people don't act in consideration of the law when they believe they will not be punished, this is human nature. Since there is no more reasonable explanation provided it is on you in fact to provide one. You have not done so. (They fell out, or the dog ate them are not more reasonable). No conspiracy.

    It is a well grounded fact that the gardai of the era carried out improper practices, and never had any accountability. Where they don't explain their side or respond to the specific accusations (not just assuming they follow idealistic best practices), we only have Jules' explanation to go on. And as you have repeatedly said you don't believe she was involved in a conspiracy. Therefore put those two things together, and it is a well-grounded supposition, not a conspiracy.

    If you want to say that the gardai keeping quiet for all these years is a conspiracy, well they have never released any particular explanation to the public. That's just standard practice.



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    Seeing as you went all the way back to 1971, how many murders occurred since then. Off the top of my head would 3000 be a conservative estimate? For example I think there were 173 in the two years 22/23. Based on your examples, the probability that a murder investigation becomes a conspiracy to convict an innocent then, is minimally one in every thousand. No doubt if you try really hard you could come up with more examples. Get it it up to six and it becomes one in five hundred. But you have to get that number all the way up to thirty examples to make it a one hundred to one shot. Go racing. They are as rare as hens teeth.

    Then you have to take into account that this particular investigation was subject to more scrutiny than almost any other. The file has entered the public domain as has many hours of covert recordings of gardaí discussing the case. The only conspiring evident is two fellas chatting about getting a colleague to alter his statement (which he was entitled to do by the way) where he thought a witness had been truthful when she actually hadn`t been, a bit of pressure put to bear on Farrell (if she can be believed) to ID Bailey and at the end of the day there was corroborating evidence that the man she saw in the first two sightings was indeed Bailey and a bit of hash passed on to Martin Graham to see if he could gain the suspects confidence and maybe hear a confession. All bad practice to varying degrees and no doubt a law or two was broken.

    If you go down the probability route then you should consider that Ian Bailey was an angry and violent man who described murderous fantasies where he stubbed his victims out like cigarettes. In the early hours of the morning of the murder he expressed a desire to his partner to go up Mme Du Plantier`s laneway. He got out of bed shortly afterwards and disappeared for several hours. He returned in the morning sometime between 9 and 11 AM with at least one fresh scratch visible. He bought the bleach, had the bonfire (even though he was useless around the house and was "a hoarder who never got rid of anything") and then he went on to confess his guilt to several different people.

    You would have us believe that someone else must have went up that laneway on that specific night and committed that murder while Bailey was innocently toddling around in the dark just up the road. Seriously though, what are the odds? Put a number on it for us. Here this might help. How many isolated laneways are there in rural Ireland and how many lives were stubbed out like a cigarette on any of them on that specific night? Don`t forget now, the first laneway on the right just down the road.



  • Moderators, Politics Moderators Posts: 42,867 Mod ✭✭✭✭Seth Brundle


    Seeing as you went all the way back to 1971, how many murders occurred since then. Off the top of my head would 3000 be a conservative estimate? For example I think there were 173 in the two years 22/23. Based on your examples, the probability that a murder investigation becomes a conspiracy to convict an innocent then, is minimally one in every thousand. No doubt if you try really hard you could come up with more examples. Get it it up to six and it becomes one in five hundred. But you have to get that number all the way up to thirty examples to make it a one hundred to one shot. Go racing. They are as rare as hens teeth.

    ...and yet it happens. It dooesnt have to be a big massive conspiracy like on TV. All it takes is the presumption of guilt towards certain individuals and the target fixation kicks in and with each occurrence of rule bending being tolerated because you have to get this guilty person behind bars before they kill again.

    So it clearly could be the case here that despite no actual evidence connecting Bailey to the murder aside from loosely circumstantial bits, that he is entirely innocent and the garda presumptions were completely incorrect. Furthermore, one could easily make a similar assumption that had the same level of scrutiny been applied to many other men in the area,, it would have revealed similar circumstantial bits!



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    "For example with the jobs book, it is the most reasonable explanation that a single individual got his/her hands on it and destroyed the evidence."

    That is the first conclusion that the conspiratorial mind will make.

    "as it made them or their pal look bad."

    That`s a big supposition right there. Here`s a supposition for you. What if an investigating garda gave guarantees to locals who were fearful of Bailey that he would never find out that they had provided that garda with information and the locals names and what they said was written into the jobs book? Then later on Bailey won discovery of his file as part of one of his court cases. That garda now has concerns that the guarantees he gave are undermined by a process that could allow Bailey to get access to the Jobs book. He removes the relevant pages. Was it illegal? I don`t know. Was he conspiring to fit up Bailey? No.

    "Where they don`t explain their side or respond to the specific accusations, we only have Jules` explanation to go on."

    Utter nonsense. We have her signature to go on. Twice signed in fact, in 1997 and in 2000.

    "you have repeatedly said that you don`t believe that she was involved in a conspiracy."

    I don`t remember saying that at all. What I said was that Jules Thomas has no clue where Ian Bailey was for several hours on the night of the murder. Now some people here like to think that if he was guilty, then she must have known, a woman`s intuition and all that. I don`t buy into that at all. I`m aware of people who have gone to their graves having never discovered a monumental family secret and also people who took such secrets to their graves with them. Maybe women are more intuitive than men but still 42% of female voters voted for an angry sexually abusive malignant narcissist two weeks ago. Intuition how are ya.



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  • Registered Users, Registered Users 2 Posts: 35,467 ✭✭✭✭odyssey06


    So you admit Guards are conspiring on the Bandon Tapes. By the standard you have set in your posts that means you are spreading conspiracy theories. Seems like it is only a bad word when you want to use it to describe someone else's theory.

    No the burden of proof is on you, because this is your original claim:
    "requires a conspiracy as big as any seen in the history of the state."

    You are doing a great job of discrediting it.

    Is Marie Farrell lying part of this conspiracy?
    If Marie Farrell can lie, if Eugene Gilligan's recollections can differ, if pages can be deliberately removed from Garda records… Is that a conspiracy or not? Or just a cover-up of a botched Garda investigations, where witnesses were pressured and guided towards answers Guards wanted, where unreliable testimony if given years later… and where the Jobs Book was deliberately tampered with and no innocent explanation could be provided by the Guards to GSOC for why such a thing may have been done. In fact GSOC would have pressed charges only conveniently the "responsible" Guard was deceased.

    As for the comment about Bill Fuller. This is him reduced to a gibbering wreck by the hysteria the Guards whipped up.
    But according to you that was all ok.
    And remember readers, this is one of the thirty witnesses tibruit cites as contradicting Bailey.
    Otherwise there is "a conspiracy as big as any seen in the history of the state."
    Evidence gathered from people deliberately whipped up by the Guards into such a state of apprehension about Bailey cannot be considered as reliable:

    P.164 and 165 of the initial Garda report provide evidence of the hysteria in relation to Bailey which existed following his portrayal as a ruthless and unrestrained killer. On the 20 February 1997 Bill Fuller, his partner and child had gone to the causeway at Kealfadda Bridge in order to pursue his own investigation of the murder. He was with his wife and child. He saw a man whom he thought to be Bailey and this caused them to run away in blind panic believing the man had seen them. They ran a considerable distance until they reached Toormore Beach where they ran along a lane way which led out onto the roadway to Goleen. Screaming and roaring they ran in front of the first car to approach them. It was being driven by a Ms. Breda O’Reilly. Her initial reaction was not to stop, but when she saw that Bill Fuller was carrying a three-year-old child under his arm she thought the child was sick. When Ms. O’Reilly lowered the car window both Bill and Kerri Fuller screamed at her that the murderer Ian Bailey was down the road, pointing towards Kealfadda Bridge. Ms. O’Reilly drove them directly to Goleen where Ms. O’Reilly contacted the Gardaí. In her statement Ms. O’Reilly describes the terrible state of shock and fear that the Fullers were in and she stated that they feared for their own safety. It transpires that a local farmer was working near their van that day and they had mistaken him for Ian Bailey in their high state of apprehension.

    https://syndicatedanarchy.wordpress.com/2014/09/30/30/

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    Post edited by tibruit on


  • Moderators, Politics Moderators Posts: 42,867 Mod ✭✭✭✭Seth Brundle


    So you're agreeing that despite the small likelihood, it can and does happen.

    So why do you then ridicule the possibility that Bailey's guilt could be another example of the gardai getting it wrong?



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    That was after Bailey had confessed to him of course. Apparently Fuller was looking for the big walking stick. Bailey had it in Schull with him on the Saturday before the murder. I wonder where that disappeared to?



  • Registered Users, Registered Users 2 Posts: 1,340 ✭✭✭tibruit


    Post edited by Leg End Reject on


  • Registered Users, Registered Users 2 Posts: 1,002 ✭✭✭Gussie Scrotch


    Its a bit more than that………….

    https://www.independent.ie/irish-news/lost-five-files-139-statements-and-one-gate/37185350.html



  • Registered Users, Registered Users 2 Posts: 558 ✭✭✭jesuisjuste


    We're making the same point. A conspiracy does not require Bailey to be guilty or innocent. In fact I agree that your example of a Garda giving guarantees could be the case also. However giving these guarantees capturing them in the jobs book, and then destroying that evidence would also be an example of a conspiracy, according to your criteria. Just not one that framed Bailey.

    Depending on Bailey's actual guilt or innocence, different things may have occurred. The likelihood of his guilt or innocence dictates the likelihood of what occurred in each example.

    If Bailey is guilty, the most likely outcome could be your proposal above.

    If Bailey is innocent, the outcome of destruction of evidence is much more likely, but yours couldn't be ruled out either.

    Either way the gardai should have investigated what happened and be able to provide an honest explanation. That they have not done so, provides us the opportunity to come up with our own ideas, of what likely occurred.

    Both examples are illegal practices, neither have been disclosed by the gardai. I can't think of a non-conspiratorial answer for what happened to the jobs book, can you?



  • Registered Users, Registered Users 2 Posts: 558 ✭✭✭jesuisjuste


    You've talked about Jules statement a lot, do you have the full statement to post here, I wouldn't mind getting more understanding of it.



  • Moderators, Politics Moderators Posts: 42,867 Mod ✭✭✭✭Seth Brundle




  • Registered Users, Registered Users 2 Posts: 558 ✭✭✭jesuisjuste




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  • Registered Users, Registered Users 2 Posts: 220 ✭✭Zola1000


    So tibruit ..just a question..so after all you believe..where are you going get evidence to place IanB at scene ..any ideas..like that's all we need...it's like 99% of what we need..given that we know your 100% believe he is killer. It's just we need hard evidence. You have some fantastic theories though that might bring it closer. Let us know how it goes if you find any more clues



  • Registered Users, Registered Users 2 Posts: 4,308 ✭✭✭chooseusername


    Is there any record of which Gardai refused to cooperate with GSOC? They should have been subpoenaed. Did they have something to hide, I wonder.

    A conspiracy only needs 2 parties/people.



  • Registered Users, Registered Users 2 Posts: 141 ✭✭Baz Richardson


    GSOC know of course.

    "A number of witnesses were identified who it was felt might have information that would assist the GSOC enquiry. When seeking to speak to these people, they then declined to cooperate fully with the enquiry in some form or other. This ranged from not wishing to speak to GSOC, to providing GSOC with a statement which they then refused to sign…."

    "These witnesses included serving and retired gardaí, journalists and members of the public."

    and

    "It should be noted that whilst all the senior garda members who were involved in the murder investigation co-operated with GSOC, there were a number of garda members, principally those of detective rank, who did not and thus it was not possible to fully establish some details pertaining to the arrests of Ian Bailey and Jules Thomas which had been the subject of complaint."

    Make what you will of why serving and retired officers would not cooperate.



  • Registered Users, Registered Users 2 Posts: 4,345 ✭✭✭chicorytip


    To be pedantic, I don't think Bailey specifically expressed to Jules the desire "to go up Mme Du Plantier's laneway", rather, according to Jules, the pair had been driving home from somewhere earlier that evening and stopped momentarily at a spot which afforded a view of Sophie's place across a valley. Bailey had made a remark to the effect that he had a premonition something dreadful was going to occur that night . I don't think he referred to Sophie or the cottage when making it. This is Jules account, uncorroborated obviously.



  • Registered Users, Registered Users 2 Posts: 963 ✭✭✭flanna01


    Bailey volunteered his dna to the Guards without hesitation.

    Now, considering he was under the influence of drink during the hours before the murder, and given the brutality of the killing, how could he be certain that there was none of his dna left behind at the scene?

    It was either still dark or at best pre dawn… You couldn't possibly be sure the scene was free from all dna or material fibers of clothing etc..



  • Registered Users, Registered Users 2 Posts: 4,863 ✭✭✭Day Lewin


    The hedge was so thorny that Sophie's clothing was caught up in the hedge and partly dragged up. Her pose was such that the killer may very well have tugged at her to get her back from the bushes.

    One might certainly surmise that the numerous briars and brambles at the scene would have scraped anyone engaged in a fracas nearby. Indeed this was one reason that the guards became suspicious of a man who had scratches on his hands.

    Yet the actual thorny branches were removed and tested and absolutely no DNA was found on the sharp prickles, (as far as I know)

    which indicates that the attacker wore gloves and was completely unscathed, in which case the scrapes on Bailey's hands are irrelevant. OR that the DNA testing at that time was too crude to pick up any traces. It is much more sophisticated now.

    In any case, those thorns are possibly the best chance of actually finding any trace DNA at the scene of the crime. I wonder are they still shrivelling away n some Garda storehouse of ancient evidence?



  • Registered Users, Registered Users 2 Posts: 220 ✭✭Zola1000


    Its really good post and one I've seen written here few times. To add further...what about the days after for someone if had been bailey...surely the drinking continued and fear factor would develop the pararnoia and everything else in between...yet he still is there for provide DNA samples..whilst wouldn't the last number of weeks have mentally taken a toll on anyone to commit such act..and surely would have hesitation at that very point of providing DNA..given the so called festive period late nights, the lack of sleep..his overall frustration..his character..would he not have broken at that very moment..



  • Registered Users, Registered Users 2 Posts: 963 ✭✭✭flanna01


    In the proceeding days and weeks after the killing, the horrific murder was the subject of mass media attention, not only nationally, but across Europe and globally.

    For the vast majority of mankind, the taking of a life is a burden difficult to carry.

    To know that you are responsible for the slaughter of a young Mother due to a moment of madness, must be soul destroying.

    How could Bailey keep a public facade of being innocent with the mounting media pressure?

    At the very least, those closest to him would have seen a change in him..

    Bailey never changed his habits at all.. In fact, he was still the same drunken pig after the murder as we was before the murder, he even seemed to find himself important as the local resident hack..

    Sorry, Bailey not matching the guy drowning in guilt and shame for killing a young Mother

    ** Spare me the nonsense about being a wife beater, knocking the Mrs around and brutally slaying someone are totally different beasts **



  • Registered Users, Registered Users 2 Posts: 4,345 ✭✭✭chicorytip


    A sociopath is unlikely to display the emotions and behavioural traits that you describe and may even disassociate themselves from criminal acts they have committed.



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  • Registered Users, Registered Users 2 Posts: 220 ✭✭Zola1000


    Yes but ..bailey didn't necessarily disassociate himself fully following assaults on Jules and general behaviour...I'm just making earlier point..that during murder his intake of alcohol was deemed considerable and afterwards there is no evidence he disassociated himself from such behaviour yet surely all that would have impacted his keeping level head, providing dna samples...etc. like surely fear would have crept in..that he left dna behind following a night of drink..memory playing tricks on you...as alcohol does..



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