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

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Comments

  • Moderators, Politics Moderators Posts: 42,830 Mod ✭✭✭✭Seth Brundle


    Because if there was substance to it the DPP would have been all over it.

    So you're confirming that you have no idea what the DPP does



  • Registered Users, Registered Users 2 Posts: 1,338 ✭✭✭tibruit


    The DPP reviews all the evidence, not just the evidence that might implicate Bailey. Otherwise he can`t make an informed decision.



  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    I don't think this is true, he/she is supposed to only review the evidence associated with the charge being brought forward by the gardai, and only the evidence that the gardai provide.

    However as people here are wont to ignore, these people know each other, and work on dozens of cases at any one time, and it is highly likely that the DPP has much more information about the general case progress and other suspects, than that which was in the public domain. This to me appears to be evidenced when you look at how vociferously the DPP rejected the gardai's proposal.



  • Registered Users, Registered Users 2 Posts: 1,338 ✭✭✭tibruit


    You`re confirming you should put away your phone. It will quell your compulsion to interject into every discussion I`m in.

    Mod Edit: Warning Issued for uncivil posting

    Post edited by Necro on


  • Registered Users, Registered Users 2 Posts: 1,338 ✭✭✭tibruit


    You need to make up your mind there one way or the other.



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  • Registered Users, Registered Users 2 Posts: 4,859 ✭✭✭Day Lewin


    Regarding the Wolney claim (that he told someone he had done something terrible etc)

    This really needs to be either substantiated or discredited. It may have really happened, or it may be an urban myth, or it may be something in between, a Chinese-whispers kind of much-reported tale that grew in the telling.

    What is the earliest publication of this story, and by whom?

    Wasn't he supposed to have said that to his brother, or best friend, or something?

    @bjsc Bridget Chappuis has confirmed that the Guards did interview Mr Wolney's ex-wife. No further info on that.

    But did they interview the person (whoever it was) that heard Wolney say that he had done a terrible thing?

    We need a bit of data here. Facts should always win over wishful thinking.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Totally incorrect.

    When the Gardaí complete their investigation, they send a file to the DPP. The prosecutor must read the file carefully and decide whether there is enough evidence to put before the court.

    It is only the information in the file that’s considered by the DPP- so why would Gardai place “evidence” in a file to the DPP that had no bearing on their case against Bailey? You have implied in your posts that the DPP receive every piece of evidence collected by the Gardai - that’s hogwash.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    It was reported as fact as late as Jan 2024 - maybe even later than this - but I’ve no idea of the earliest reporting of it- however some randomer on a discussion forum saying it’s an “urban myth” doesn’t make it so, and I’ve no interest in determining one way or another - if a reputable source wishes to do said investigation and determine its legitimacy or otherwise I’m happy to accept that


    https://www.irishmirror.ie/news/irish-news/gardai-probing-sophie-murder-once-31977979.amp



  • Registered Users, Registered Users 2 Posts: 856 ✭✭✭csirl


    Yes, the way the DPP works is that the Gardai essentially ask the question " is there enough evidence to send Person A to trial". They dont send everything and ask if the DPP thinks its Person A or Person B.



  • Registered Users, Registered Users 2 Posts: 35,342 ✭✭✭✭odyssey06


    I think that is more how the role of the instructing judge (juge d'instruction) in a French investigation operates, involved from the outset of the case. That is one of the issues with giving a set of evidence from the Irish system to the French.

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



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  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    I think you'll find that in real life things are not black and white, both are true at the same time, and together, in the same people.

    If you work any sort of job that interacts with others you would understand this.



  • Registered Users, Registered Users 2 Posts: 856 ✭✭✭csirl


    You've reminded me of a question I'd like to ask.

    Where did the French trial get its evidence? Given that the Irish Courts ruled against the extradiction and the Irish Governmentd positiion, it would not have provided any evidence to the French trial. Gardai couldnt either without the expressed consent of the Irish Government.



  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    Best case Bailey was 18-21% more likely to have murder Sophie than an average person based on your own references, which is effectively meaningless. He definitely had some sort of condition, and it is reasonable for a professional to give their perspective on it in general, but at the end of the day, it doesn't make him a murderer in fact, and it wouldn't have been permissible in his trial.

    There were other suspects within this some case who had propensity for violence, and of the people who lived within proximity to the location there was all manner of statistical outliers, and if you investigated each person as much as Bailey, I'm sure you would find many different conditions which could lead someone to murder. Doesn't mean they did it.



  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    If I'm not mistaken the police considered Wolney on the original 50 suspects list. That's why his name was out there in the first place. Rumours and hearsay doesn't really offer any additional gravitas beyond the gardai having eliminated 50+ suspects through incorrect and shambolic investigative methods, in a matter of a week or so, which indicates that all suspects should be revisited in a cold case, as should have been done in a thorough investigation in the first place.

    The whole reason that rumours and innuendo abounded about numerous known and unknown suspects, is because the gardai didn't do a thorough job in the first place.



  • Registered Users, Registered Users 2 Posts: 35,342 ✭✭✭✭odyssey06


    iirc the Irish government ok'd it, but I don't have a source for that to hand right now.

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



  • Registered Users, Registered Users 2 Posts: 856 ✭✭✭csirl


    I strongly suspect that the Gardai did it on their own initiative without prior DoJ approval. DoJ couldnt undermine the Courts and the DPP by cooperating.

    If the Gardai did do it without permission, whoever authorised it in the Gardai should be held to account.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Here’s a 2008 article

    https://m.independent.ie/irish-news/sophie-justice-is-in-french-hands/26461468.html

    The revelation came as the gardai -- following consultations between the Attorney-General, Director of Public Prosecutions and the Department of Justice -- confirmed that the Paris-based magistrate now leading the French probe into the December 1996 killing will be given access to the murder file.



  • Registered Users, Registered Users 2 Posts: 35,342 ✭✭✭✭odyssey06


    This article provides a good summary of the mis-matches between the two systems and why the file should never have been released.

     Invoking the EU’s mutual legal assistance arrangements applicable at the time, they requested the Garda investigation file on the case. Incredibly, this was granted by the Irish Department of Justice, even though it clearly concerned a domestic Irish crime which was still under active investigation by the Garda…

    What emerges from all of this is that the Irish police investigation into an Irish murder did not secure sufficient credible evidence against a suspect even to warrant putting him on trial in Ireland, let alone to secure his conviction. The legitimate and necessary checks and balances in Irish law and procedure would have avoided the suspect being convicted unjustly on the basis of the unadulterated police file. By lifting that file and inserting it unfiltered into the French prosecution and trial process, the checks and balances that would otherwise have been applicable to it are lost. Insofar as the French court seems to have accepted the ‘evidence’ in the Garda file at face value and isolated from the context in which it was obtained, it is difficult to avoid the conclusion that Ian Bailey is the victim of a serious miscarriage of justice.

    https://blogs.kent.ac.uk/criminaljusticenotes/2019/06/06/prosecuting-an-irish-murder-in-france/

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



  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    Note that it says the word consultation, instead of approval….. I expect it was a constitutional grey area, ask for forgiveness rather than permission kind of thing. Probably didn't hurt for them that Bailey was English either.

    It should be noted however that the precedence set by sending the file is extremely worrying for individual civil rights for people in Ireland, whether you feel it was justified or not. Remember how the French treated us in respect to their own citizen suspects in this same case…..



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Probsbly needs a real legal eagle to answer it - some limited information here - sharing of sensitive data between other EU countries is already in place for the purposes of detecting or preventing crime or indeed a prosecution - but I’m probably a bit uncomfortable with the Bailey case and the French prosecution if I’m honest - even had he been found not guilty, I wouldn’t have seen it as justice - the crime happened here - the only place a criminal trial should have occurred is here.


    https://www.consilium.europa.eu/en/policies/data-protection/data-protection-law-enforcement/



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  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    Sometimes questions like these are unanswerable by the current legal system, and require the individual taking a case to the Supreme Court for them to make a ruling.
    I would imagine in this case however, facilitating the extra-judicial (in the context of Irish sovereignty) trial of a citizen or resident within our jurisdiction would be deemed illegal by the Supreme Court, and they would recommend there be formal processes put in place for the future. They would likely not hold anyone to account for it I would imagine though, just say don't do it again.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    It “feels” like political pressure was at work as well doesn’t it? Not sure I’m happy with that either.



  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    A lot of people on here get passed from pillar to post on whether Bailey did it or not, but also whether he should have gone to trial or not. These are two related, but very different things. Both questions should be considered when arguing points.

    Question 1. Was there enough evidence to take Bailey to trial?

    I think the majority of people on here, and most lay people, if they consider the evidence would agree Bailey should not have gone to trial based on the evidence presented to the DPP. Some people have concerns about the reasoning of the DPP, and whether there was more evidence to be considered, or hidden evidence, but overall I don't think it moves the needle too much really. One by one, a reasonable defence attorney could go through that evidence, and have a significant amount thrown out, and bring reasonable doubt to almost all the rest.

    Question 2. Did Bailey carry out the murder of Sophie?

    This is more where people are actually split on the issue. Some people look at all the circumstantial evidence, and it is good enough for them to say Bailey did it. Others look at it and see it is severely lacking.

    A smaller group take that severely lacking viewpoint, and then reasonably reconsider the evidence to understand whether anybody else could have committed the crime. Many come to the reasonable viewpoint that more should be investigated in that respect, including witness statements, DNA, alibis etc. In addition they question the gardai investigation itself, and how the evidence was gathered, and what evidence was ignored, or never released. It doesn't answer the question one way or the other for sure, but it is what is required to achieve justice in this case.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    The facts are: Gardai pursued Bailey at the expense of properly investigating all leads and staying objective throughout - as a result there are a myriad of lose ends, leads that can longer be progressed as the persons of interest are deceased- and let’s not even go there in terms of the challenges of investigating anyone based in France.

    The question “did Bailey carry out the murder of Sophie” is intrinsically linked to the direction of the Garda investigation - Gardai urged the DPP and the locals that Bailey was avdangerous man who would likely kill again- from then on Bailey was a marked man - that he was guilty of a crime - after that Bailey didn’t have a chance in the court of public opinion- over time, the public started to realise what a bunch of keystone cops the investigation team really were, and this view was essentially endorsed by the DPP.

    Whilst some people continue to believe what the Gardai told them back in the 90s, most reasonable people have reasonable doubt which is very much in line with the DPP view.

    No one can say “for certain” he did it- but most believe there isn’t enough evidence for a trial no less to secure a conviction

    “In February 1997, a Garda report to the Director of Public Prosecutions (DPP) stated that it was “of the utmost importance that Bailey be charged immediately with this murder as there is every possibility he will kill again”. Such a sentiment emanating from investigating gardaí polluted the whole process.

    A subsequent analysis in the DPP’s office noted that: “Ian Bailey was believed by the public particularly in the local area to be responsible for the murder. The fear engendered was bound to create a climate in which witnesses became suggestible.” 

    https://www.irishexaminer.com/opinion/commentanalysis/arid-41314735.html



  • Registered Users, Registered Users 2 Posts: 856 ✭✭✭csirl


    Fully qgree re being unhappy about this.

    It exposes a distinct lack of consistency in the system. The Irish Courts determined that he should not stand trial in France. Everything should have automatically flowed from this. No State officials should have assisted the French trial in any way. No information or evidence should have been provided.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN




  • Registered Users, Registered Users 2 Posts: 668 ✭✭✭highpitcheric


    Are we to go around this yet again? Very well.

    "But at the end of the day it doesnt make him a murderer in fact, and wouldnt have been permissable at his trial"

    Great. Thats not what its meant to do, I didnt post to convict him. I posted because the thread is looking for facts relevant to the topic, and apart from the much repeatedly mentioned boot there seems to be a general scarcity of facts, a dead end.

    If you have details on other suspects why not drop them here, it would help clarify the subject of the thread. I would like to see them. Anything new and solid would be v interesting.

    They dont even have to be 'hard evidence' or up to the standard of a trial. As we're not in court, we're in an internet forum, thats all. Dont lose the context.

    Bailey had a borderline personality" based on "narcissism, psycho-rigidity, violence, impulsiveness, egocentricity with an intolerance to frustration and a great need for recognition".

    • Psychiatrist Jean Michel Masson and psychologist Katy Lorenzo-Regreny


  • Registered Users, Registered Users 2 Posts: 556 ✭✭✭jesuisjuste


    I actually agreed with your overall point, that he has some psychological condition. My point was that even in the extreme case you shared from the psychologist, an 18-21% higher likelihood is pretty much meaningless given the context. I would give a much higher credence to him being arrested for beating up Jules for example, however this also requires the proximity, and knowing her, which appears to be a much less grounded argument.

    I'm not criticising you making that argument, and it is relevant to the discussion, I'm just disagreeing with it.



  • Registered Users, Registered Users 2 Posts: 9,214 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    I posted last year on this thread of a random American serial killer - he would literally cast his eyes on a female stranger, and that person became his target- he’d stalk her then kill her.

    He was a loner, moving from town to town- his motivation to kill did come from a sexual origin although none of the victims were sexually interfered with - I believe the act of killing was some form of sexual gratification in itself. The killings were “brutal” .

    A very unusual and quite unique case and person. It’s from that perspective I then look at Sophie - her killing was also brutal (yes I know all killings are brutal but this particularly so)- I think the nature of the killing is key to unlocking the person who did this crime -

    Is it Bailey? I don’t believe it is - his violence was in his home setting. Brutal and all that it was, it was directed at a person he knew very well.

    Absolutely no-one has provided “proof” that he knew Sophie - a “90% “ sure an introduction took place over a garden fence statement is the best anyone can do. I don’t believe Bailey was a similar character to the serial murderer above - he directed violence to someone he knew very well - why would he cause violence to a woman he didn’t know in any way shape or form of the word “know” - it doesn’t make sense.

    The Garda statement of “this killer will kill again”- given my American example above and the brutality of it, I would agree. I just don’t believe that Bailey did it.



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  • Registered Users, Registered Users 2 Posts: 668 ✭✭✭highpitcheric


    In a thread bereft of any progress, ive put forth a fact that helps clarify the picture even just a tiny bit. If you cant see the meaning/relevance then ok fair enough, thats your loss imo, there are other things for you to discuss in this case.

    If you disagree with it, thats fine, youre disagreeing with experts who came to a professional conclusion, not me.

    And no he wouldnt have had to directly known her, just knowing of her and her status would be enough in that theory of his psychology.

    And yes, this is not hard evidence, or enough to convict him. Its not meant to be. So lets just not.

    Bailey had a borderline personality" based on "narcissism, psycho-rigidity, violence, impulsiveness, egocentricity with an intolerance to frustration and a great need for recognition".

    • Psychiatrist Jean Michel Masson and psychologist Katy Lorenzo-Regreny


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