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Cold Case Review of Sophie Tuscan du Plantier murder to proceed

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Comments

  • Registered Users, Registered Users 2 Posts: 37,059 ✭✭✭✭odyssey06


    If that's the only 3 explanations you can think of, it shows how limited your thinking is about the case and understanding of criminal investigations. It's just another example of the tunnel vision towards Bailey, not just content with desperately framing every piece of evidence against Bailey. Now you do the same to posters on the thread… my post is the 'epitome of a conspiracy', to another poster they must think a witness is 'a conspirator'.
    You wouldn't have to engage in these silly games if you had any solid evidence you could present against Bailey.

    And the reason why it is completely disingenuous is that you have been reading the thread, where multiple posters have provided evidence on the unreliability of witness memories. The importance of independently taken witness statements. You haven't acknowledged or engaged with it at all. Everything is either a lie or a conspiracy to you.
    Well by your the standard you have set, why did he change his story? Was he lying then, lying when he changed his story or just lying all the time? Why did the Guards conspire with him to change his story?
    Remember - this is your own argument not mine.

    Otherwise, hazy memories of witnesses can be guided, either by the statements of others, or the questions asked of them by investigating police.
    And in this case, we have more than that, we have solid evidence of Garda malpractice, tampering with evidence books. Accusations from multiple witnesses of improper Garda conduct with witnesses. Guards recorded discussing putting pressure on a colleague to get a witness statement altered.
    You don't engage with this at all, yet scream conspiracy instead as a deflection.
    We have a key witness withdrawing her statement. Was that a conspiracy? You are the one getting worked up about conspiracies and semantics, you tell us?
    So you have dead ended your own argument, which was always a silly desperate deflection to begin with.

    It seems far more reasonable to look at his original timeframe than one which is narrowed down years later.
    In that timeframe, towards the latter part of the timeframe all we are looking is innocent small talk.
    But if we did accept the earlier timeframe, we would have Bailey making no attempt to conceal scratches or 'insider' information about a body being found. Objectively, that is indicative of Bailey's innocence as it is the conduct of a journalist working the case not a murderer covering his tracks.

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



  • Registered Users, Registered Users 2 Posts: 81 ✭✭Polly701


    This thread is fascinating...thank you all so much for your insights. I wonder if the Cold Case Review reads this thread?

    I have some links to people who were in Schull at the time - I don't believe Bailey did it but understand why he was considered the chief suspect.

    I hope that the Review is fair, balanced and leaves no stone unturned. Is there a time frame for when it will be completed?



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    At the end of the day we're all people who have formed opinions based on scant evidence, and yes I think most are very well informed, as is clear when we talk about the specifics of the case. Both sides of the argument can be well informed even if there is disagreement. There is a high likelihood that many of the jury would form differences of opinion, because the case is completely based on he said/she said.

    At the end of the day, no matter how you spin it, with all your vociferating, you are basing your argument solely on he said/she said. You just choose to believe everything that is written against Bailey, others are sceptical, that's it.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,538 ✭✭✭chooseusername


    It would be very telling if the drugs were found in Colmain's house between the 2 statements, but I can't find the date for the drug bust. The DPP didn't think much of the Colmains as witnesses. Three times he refers to the unreliability of their statements. Remember also that "Paul and Marie O’Colmain were very closely aligned with Ian Bailey and Jules Thomas" until they decided to distance themselves from Bailey.



  • Registered Users, Registered Users 2 Posts: 37,059 ✭✭✭✭odyssey06


    Completely unsafe conduct going on, evidence gathered via these shenanigans simply cannot be relied upon to press a case of murder.

    This was his original statement:

    “Sometime on 23rd December, 1996 either late morning or early afternoon, Ian Bailey rang me at home and I spoke to him. He was excited as he had just started a back to work scheme as a journalist and straight away he had a major story to cover. He told me that a woman had been found dead and he had been asked by the Examiner to cover the story.”

    O'Colmain is also as record as stating:

    "During an interview with Maurice Walsh one time he brought up the fact that my older son was caught with a bit of Cannabis. I felt that he mentioned this in order to ensure my co-operation”.

    So we have a witness, who was vague on his recollections after 3 years, who inexplicably after 4 years now comes up with a more exact timeframe that suits the Garda narrative! And if we express any skepticism about this at all we're conspiracy theorists!

    This is the same Guard that Martin Graham accused of unsafe conduct.

    Maurice Walsh denied gardaí had detained and searched Martin Graham for possible drugs offences because they found out he told Ian Bailey gardaí were trying to set him up.

    https://www.rte.ie/news/2015/0304/684444-bailey/

    A former detective sergeant has described as an outrageous lie an allegation that he exposed himself in the toilets of a golf club and told witness Marie Farrell it was a thrill or turn on to be fitting up Ian Bailey for murder… He also denied that he had gone to her bedroom in a Dublin hotel on a later date after he had been transferred to Dublin on promotion. He accepted he had agreed to meet her for a drink because she was in Dublin and did not know anyone.

    https://www.rte.ie/news/2015/0303/684165-bailey/

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



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  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭Gussie Scrotch


    The relationship between the local Gardai (plural) and Marie is intriguing in itself.

    For all the fluff, gaslighting and confusion regarding Bailey's involvement in this crime, the key facts are that: 1) There is no evidence of an association between Bailey and Sophie. 2) There is no evidence linking Bailey to the scene of the crime. 3) Bailey had no motive. 4) For Bailey to be guilty requires a sequence of very unlikely events to have occurred. ie. Improbability on top of improbability on top of improbability.

    Then, the bizarre behaviour of the investigation team must be ignored. The deliberate destruction of evidence, the Bandon tapes, the manipulation of "witnesses" etc etc. In a nutshell, the case against Bailey doesn't stack up.



  • Registered Users, Registered Users 2 Posts: 37,059 ✭✭✭✭odyssey06


    Agreed.

    While also ignoring any evidence that points away from Bailey or doesn't fit their narrative e.g. the indications of an early morning murder, use of a vehicle.

    And despite engaging in all this dodgy, unsafe conduct all the Guards could drum up was flimsy, circumstantial evidence… he says\she says.

    The closest they had to anything approaching real evidence was the sighting by Marie Farrell of Bailey at 3am in the area of the crime - not even the actual crime scene! But that has no credibility, Farrell has withdrawn that testimony, which was always dubious, as was the nature of Garda contact with her.

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



  • Registered Users, Registered Users 2 Posts: 10,138 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    “He accepted he had agreed to meet her for a drink because she was in Dublin and did not know anyone.”

    🤣🤣🤣🤣🤣🤣🤣

    Sorry does he think we’re completely fcking thick?



  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭Gussie Scrotch


    Well, he had to come up with something by way of explanation……………..



  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭tibruit


    "When someone doubtful of their recollection meets police trying to fit together a narrative about a particular suspect…what emerges is not likely an accurate version of what happened. Especially when timeframes are being narrowed years after the fact."

    You basically say that the witness doesn`t really remember the events of the day with any great great certainty and has allowed his testimony to be led by those dodgy cops. The witness refined the original statement where he said "late morning to early afternoon" to "11-00 to 11-30" in the second statement. By any standard that is late morning. He hasn`t changed what he initially said. He refined it.

    You have automatically assumed that this came about from pressure from gardaí intent on creating a specific narrative. You can`t say that. You don`t know why he refined it. He may have had innocent reasons. That comfortably puts you into option 3 alongside chooseusername who yesterday quoted an unknown source that said gardaí went back 10 times until they got what they wanted. Seth Brundle jumps up and down in faux outrage but has yet to provide a new option that defines his thinking.

    This witness was informed of events by Ian Bailey on the morning after the murder. The murder was horrific and became notorious. In a small rural community it was a monumental event. In the following days the witness would have become aware that the individual who first informed him has now become the prime suspect. It is at that point that the interaction with Bailey would have been indelibly marked onto the witnesses memory if it hadn`t been initially. That`s the kind of memory you retain for life. I know from reading your contributions that you don`t get that. Seth Brundle certainly doesn`t get it.

    Last night someone went to the trouble of posting an example of peoples recall after watching a crime video. It has no relevance with this specific encounter with Bailey. Here`s a more relevant example…

    Someone asks me…"Would you be able to recall what you were up to on a specific day in September twenty four years ago?"

    My immediate reply would be…"Don`t be ridiculous. I couldn`t possibly remember "

    That someone then says…"It was 9/11. The day of the terrorist attacks in the US."

    My reply then is…"Ah of course. Well I can only give you a general account of what I would have been up to that morning. But I do remember driving back to my job after lunch and hearing Joe Duffy say on the radio that a plane had crashed into the World Trade Center. That would probably have been some time around 2pm. At the time he wasn`t sure if it was an accident or terrorism. I also remember discussing the unfolding events with the person I worked with for the rest of the day and the specific work that we were doing."

    That is the type of unforgettable encounter that Ó Colmáin had on the morning of the murder and that is why I absolutely believe him.



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  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭tibruit


    It`s not "he said/she said". It`s "he said/they said". Multiples of them in fact. Over twenty of them under oath directly contradicted aspects of Bailey`s sworn testimony and statements in the libel trial. In the case he took against the state ( the one where Farrells revisions were laughed out of the courtroom ) the judge actually took time to say he believed the testimony of Louise Kennedy. She saw the Christmas fire. The one where footwear and clothing were burned. The one that Jules Thomas had no knowledge of and she believed Bailey couldn`t have lit because he was "a hoarder who never got rid of anything." Bailey lost both cases. That`s the power of seeing witnesses give their testimony under oath, the opportunity that was denied us by the DPP.



  • Registered Users, Registered Users 2 Posts: 37,059 ✭✭✭✭odyssey06


    Grand so, it was 'refinement', anytime Bailey's story is a little different over time it is just 'refinement' is it?
    Nope, you (this is your phrase) "you jump up and down on in faux outrage" whenever you think you have a 'gotcha'.

    An "unforgettable encounter"! It wasn't in the following days this refinement happened. We are talking years later.
    Some unforgettable encounter the exact details of which he forget 3 years later but remembered after another year.
    It beggars belief.

    But apparently it was "indelibly marked" on his memory? Self discrediting contradictory drivel.

    He changed what he said. The afternoon is no longer mentioned. That's a material change.

    Given the same witness is on record as stating that during this 'refinement' process, a Guard mentioned a drugs bust involving the son of the witness. Why do you think the Guard did that?

    Bearing in mind this is a case with documented evidence of Garda malpractice, unsafe conduct with witnesses and tampered records.

    You have provided no explanation as to why this 'refinement' occurred so it is completely ludicrous to be "jumping up and down in faux outrage" about other posters putting forward explanations.
    The poster is under no obligation to engage with such a bad faith framed argument.

    The witness may have had innocent reasons but these have not been detailed, or he may have consciously or subconsciously allowed himself to be led by the questions of the police, to 'fill in the blanks'.
    Neither of which gives confidence in credible evidence.
    All of which explains why people are dubious are memories 'refining' themselves years later and stressing the importance of witnesses interviewed independently shortly after the crime.

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



  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭tibruit


    "You have provided no explanation as to why this refinement occurred"

    I don`t need to. I can think of multiple innocent explanations for it. You automatically defer to bad cops creating a narrative that a witness happily signs in spite of doubts. Option 3.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    It is the definition of he said/she said (which is a phrase, not they or anything else). Many people also back up Baileys version of events, but yeh let’s just choose to ignore them and choose to instead listen only to the ones that back up the Garda theory.

    He said/she said, that’s it unfortunately, that’s all you got no matter how you try to spin it. In a court of law it would be one set of people’s word against another set. That’s it, you just pick and choose the ones you like.



  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭Gussie Scrotch




  • Registered Users, Registered Users 2, Paid Member Posts: 4,538 ✭✭✭chooseusername


    "Then last Monday he applied to Dun Laoghaire District Court for the issuing of the summons, but his request was turned down. He says he may now appeal to the circuit court or bring his case to the European Court of Human Rights."

    https://archive.ph/GkXoG#selection-1541.0-1541.228



  • Registered Users, Registered Users 2 Posts: 4,621 ✭✭✭tobefrank321


    There is no hard evidence against anyone, Bailey or otherwise.

    The evidence against the murderer, Bailey or otherwise is ENTIRELY CIRCUMSTANTIAL.

    That means that whenever the murderer is discovered it will be based on circumstantial evidence, eg a false alibi.

    The only alledged hard evidence is a sample of DNA on Sophies boot which may have nothing at all to do with the murder.



  • Registered Users, Registered Users 2 Posts: 155 ✭✭Annascaul


    The case would at this point never be solved. The circumstantial evidence only leads to further stories, speculations and interpretation.

    In terms of motive and subsequent behavior, I'd still say the most likely murderers would have been somebody connected to and acting on instructions of her husband Daniel, or the grim reality that it was an Irish police officer.

    In both cases the motives would be clear, for her husband Daniel it would have had strong financial implications and by the amount of coercion, collusion and corruption which is clearly beyond just incompetence it would strongly point to a police officer in Ireland of a certain rank and influence within the local organization.

    Of course the possibility does exists that it could have been Alfie and Shirley or Finbarr and Josie or Leo Bolger or Karl Heinz Wollney. None of them would have had any real benefit from her death unless any of them or all of them were in on something illegal, something we all don't know, possibly drugs, and Sophie found out something. This scenario seems not that likely as the Ungerers never reported anything like that. They would have noticed, they lived there all year round and Sophie apparently confided in them and we could know.

    In a nutshell and after having read a lot about this murder case, I strongly think, the murderer is somewhere to be found within Daniel's circles acting on Daniel's instructions or it was a corrupt police officer in Ireland overstepping the boundaries and then covering and colluding things and perverting the course of the investigation.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    "There is no hard evidence against anyone"

    This has never been concluded, there may well be evidence against others, we just have only seen the evidence against Bailey. Evidence can be excluded or dismissed for many reasons, especially if someone has a 'rock solid' alibi. There was a reason that the first 9 pages of the jobs book were removed.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    It's doesn't have to be so black and white, a corrupt officer doesn't only cover for other officers, they could also be covering for a criminal, or a non-guard friend, family relation etc.



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  • Registered Users, Registered Users 2 Posts: 155 ✭✭Annascaul


    I wasn't even going so far, it's all speculation. However how the investigation was lead can't simply be ignored or be seen as accidental or incompetent, - it's more.

    I don't know if you're aware of the following link:

    https://villagemagazine.ie/did-gardai-target-bailey-to-shield-sophies-killer-by-gemma-odoherty/

    Rustling cattle and stealing sheep from farmers who committed minor offenses, blackmail and chasing after women especially foreign women as a sexual predator as well as driving a blue Ford, all circumstantial, but clearly never ever conduct or integrity for any police officer at least not in an EU country. This would point to that mentioned police officer in Bantry. Fact is, the police, both in Bandon (Bandon tapes) as well as in Bantry portrayed more than just behavior of improper conduct. As far as I know this behavior continued even after Sophie's death.

    https://www.independent.ie/irish-news/suspended-jail-sentence-for-troubled-garda-who-took-bribe/26491807.html

    The only real common similarity I see in this case with utter certainty and beyond any reasonable doubt is that Daniel gets away without an expensive divorce, an insurance payout, even ends up owning the cottage, and the Irish police are continuing their corrupt racket, - all while Sophie is dead and a man against whom is no evidence gets to be blamed and shamed.

    Neutrally and dryly described: Two winners and two losers in this case.

    Daniel as well as the Irish police are the winners, the others lost either in reputation and with their life. Both Daniel in France would have been in a position of power and influence in France to even have that perverted trial, and the police in Ireland, like any police force would be even harder to prosecute and investigate.

    To me and from reading about this case extensively these are two facts which can neither be denied nor explained away.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    At risk of stating the obvious I think each of the suspects would have a different motive if they were the perpetrator. You can't really create a motive before you identify the perpetrator, unless there is clear evidence for it, and there is none forthcoming for a motive in this case. People can do murders for all sorts of crazy reasons, and often just accidentally or over trivial things. No paper trails, no prior stalking behaviours noted by the victim, no weird financial transactions, minimal DNA etc.

    Ultimately it does seem in this case the likelihood of a previous lover/partner is lower than normal (up to 90% of the time is typical for a woman victim), which creates a sort of enigma about the case, as it is fairly non-typical (as well as its remoteness). If any evidence turned up of a prior lover of Sophie in the area that would make that person immediately top suspect imo, especially if they kept it quiet all this time, but it seems unlikely. This is what people are feeling potentially about Bailey on the one hand (secret liaisons) or the randy guard theory on the other.



  • Registered Users, Registered Users 2 Posts: 155 ✭✭Annascaul


    These all seem to be valid points especially the 2nd paragraph.

    As to my posting, I wasn't even touching motive too much, I was merely interested in writing about the outcome or the aftermath so to say.

    Both Daniel as well as a corrupt police force gotten clear advantages after the murder.

    Nobody was demoted, disciplined or fired and they carried on as normal with bribery, chasing women or rustling cattle etc… and at the same time Daniel's financial situation changed for the better, no costly divorce, an insurance payout, a cottage, a new wife and a child on the way and a French kangaroo court. These are all the facts we do know of with certainty.

    Follow the money is an old saying, and there is some truth to that, especially if nothing else is known, no evidence is there against anybody.

    Who gained the most? And money can be a very big motive and between husband and wife even the amount of money is mostly known on how much can be gained. And then there is also jealousy from a past relationship or covering up drugs and other corruption as a motive and Sophie "making a nuisance" of herself as she found out too much.

    Sure it's strange that Alfie and Shirley didn't hear anything that night, or the possibility of Finbarr or Bolger having a violent outburst, or even Wollney or Bailey for that matter. All possibilities and it certainly doesn't exclude them, but as far as we know now they had nothing to gain from her death.

    Don't get me wrong, I am not saying it was Daniel or an Irish police officer, but after the murder it would clearly point to both having a benefit in Sophie's death.

    Did anybody ever think of Daniel's new wife ( and the connections she could have had)? She ( as well as Daniel ) would have known if she wanted a serious future with Daniel, Sophie would need to be divorced.

    Without any evidence, DNA, etc and based on who benefited I would still be as a main focus looking into the direction of Daniel or the police in Ireland.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    Who benefited? makes sense for a pre-planned motive, and it is a way that a lot of people try to understand the murder, including it seems, the gardai.
    However an alternative way to think, if it was spontaneous of course is, who had the most to lose?, from being found out, and how would they act after the fact. It’s a similar, but not quite the same list of suspects, and it could have driven suspicious behaviours afterwards rather than before. Bailey was conspicuous in his response, he actually had nothing to lose, however most other people kept the head down really.
    The presumption of some sort of plan may have doomed Bailey from the get go, and caused them to overlook some other suspects.



  • Registered Users, Registered Users 2, Paid Member Posts: 4,538 ✭✭✭chooseusername


    If she was left alive she would have identified her attacker(s). That to me is motive enough for murder.



  • Registered Users, Registered Users 2 Posts: 10,138 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    The Gardai clearly stated at the time, that the motive was sexual - was this simply a theory to fit their key suspect Bailey, or was the motive established before Bailey became a suspect?
    And do they have credible and independent evidence that the motive was sexual - or was it simply a theory they put forward post Bailey becoming a suspect ?



  • Registered Users, Registered Users 2 Posts: 37,059 ✭✭✭✭odyssey06


    No evidence to support it was provided to the DPP:

    In fact there is no evidence of a sexual motive in this case. References in the Garda Report to a sexual motive are pure speculation.

    So, seems like as you say, simply a theory to fit their key suspect Bailey.

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



  • Registered Users, Registered Users 2 Posts: 1,064 ✭✭✭Gussie Scrotch


    IMO one of the key factors pointing away from Bailey. The only plausible motive for him was sexual. And it appears that there was no evidence of any sexual element to the crime.



  • Registered Users, Registered Users 2 Posts: 736 ✭✭✭jesuisjuste


    assault turned deadly. Would explain the ferociousness, and potential second phase killer blow with the block, (different coloured blood).
    Spontaneity over pre-meditation has never been reasonably looked at, even though the evidence leans slightly more toward it.



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  • Registered Users, Registered Users 2 Posts: 4,906 ✭✭✭Day Lewin


    I don't think it was unreasonable for the Gardaí, and the Press, to assume a sexual motive, at first sight.

    Sadly, when a woman is found dead in her nightclothes, that often IS behind the attack: it's tragic - but statistically it is true.

    There was no further mention of this issue, though, after the initial dramatic headlines. There are no signs whatever of sexual assault (according to the State Pathologist report, and Garda accounts). The victim's top had been dragged up because it was snagged on thorns. There was no sign of an intruder in her house, no messages in her correspondence, no DNA on her person bar one tiny dot on a shoe, no injuries to her private parts.

    It looks like ferocious rage. Somebody with a furious temper, possibly drunk because a weekend night just before Christmas, strong, impulsive, and threatened.

    This description, unfortunately, can apply to a lot of men: including Hellen, Bailey, Farrell, random locals, and almost any Guard you care to mention; they are notorious for domestic violence - it's that kind of high-testosterone job.

    And which of the above had any reason to be there - at a wide-open gate on a private lane, in the night or early morning - in a very remote location?

    Well, answer that, and you may just have found the killer!



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