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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: 4,621 ✭✭✭tobefrank321


    @almostover

    Gardai said he was scratched on the briars.

    Its possible he was, although the evidence for it is slight and no blood from Bailey or other suspect was found on the briars.

    Bailey as a suspect does not rest on his DNA being on the briars. Some gardai might have thought it did, but forensically it hasn't been proven that Bailey or other suspect shed DNA on the briars.

    That's if all the briars were tested of course.



  • Moderators, Politics Moderators, Paid Member Posts: 43,973 Mod ✭✭✭✭Seth Brundle


    The majority of murders are preplanned.

    Murder and manslaughter differ principally due to intent. Murder is murder (and not manslaughter) because there was intent so the above is nonsense.

    A lot of of unplanned "murders" are treated as manslaughter by the courts, eg self defence.

    Are you saying a lot of murders (where there is intent) are tried as manslaughter? Self defence would not have intent to kill. Have you any actual examples of a murder case tried as a manslaughter case?



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


    As in "murder" I clearly meant person A killed by person B without pre-intention or preplanning.

    Go look up manslaughter cases, there have been many.



  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    Evidence of preplanning is what would be used to make that distinction though, not the other way around, and in this case it may be hard to sell to a jury. Could just be seen as an escalation, manslaughter.



  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    Harbison noted that there were blood drips coming down on Sophie from above, and there was blood all over the gate, and smear on the door so it’s safe to say that the perpetrator got some blood on their person. The gardai certainly didn’t find evidence of blood in the car, and they no doubt assumed there would be ample, hence why they claimed the perpetrator walked. There would be no other reason to make such an implausible claim.

    That’s not to say they were right about that, similar to the expectation they had about finding dna at the scene, it’s possible the perpetrator didn’t get much blood on them, but the would have has some for sure.



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  • Registered Users, Registered Users 2 Posts: 268 ✭✭Zola1000


    Im saying the general narrative is that bailey had a number of drinks on night in question.

    Was it not Jules who drove home from the pub?. It was also known around this time the guards previously had bailey on their radar for drink driving. So he certainly was used to that behaviour.

    Yes he was up in middle of night...but the article was not finished the following day..it was another day or so before submitted if I recall. Maybe he had further few whiskeys at this time...while trying start article.... Again it's all unknown what he did or didn't consume..or effects on his abilities. But certainly at the time of year and given his general behaviour, he was a consistent drinker and regular in public houses. But the more of these elements drags further impossibilities into every discussion that he automatically knew he left no DNA at scene

    https://www.independent.ie/irish-news/crime/how-gardai-almost-arrested-ian-bailey-for-drink-driving-on-night-sophie-toscan-du-plantier-was-murdered/a1708479728.html

    Post edited by Zola1000 on


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


    Most murders are preplanned.

    Most manslaughters with occassinal exceptions are not.

    Its fairly self explanatory.

    Re the SDUP case yes escalation is possible. However if it was a hitman it was clearly a murder for example.



  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    I struggle to understand what you think was the appropriate evidence to make Bailey prime suspect in the first week of the case. Before any of the witnesses or confessions, the scratches were not indicative. I mean why did they make him prime suspect do you think, was it justified at that time?



  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    Yes but we’re just calling it a murder, but it may well have been determined a manslaughter. It’s a homicide until the facts have been determined, and the case is brought. There is zero evidence of planning as far as I can see.



  • Registered Users, Registered Users 2 Posts: 10,400 ✭✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    “There is zero evidence of planning as far as I can see.”

    Yeah I agree- I mean, if this was pre-planned would you choose such an open/public area to leave the body? In fact would you kill her in the manner the evidence suggests? I think it’s far fetched to believe it was a pre planned murder- even more bizarre a pre planned murder made to look like a spontaneous event .

    Surely you’d kill in the house itself- less chance of being seen, less chance of being heard- more time to make good your escape before body found.



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  • Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭DellyBelly


    I agree on this one. I dont think Bailey planned it all think it an impulsive action and drink probably a huge factor in it



  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    I would disagree on this. I would see this as a planned murder, as the murderer would have to have known that Sophie was at her cottage. He also knew that she was there alone. He also knew that as long as Sophie was alive, she was a risk to him.

    Of course there is no proof, but there are more indications pointing to a planned murder than an unplanned murder.



  • Registered Users, Registered Users 2 Posts: 4,930 ✭✭✭Day Lewin


    A violent brawl with improvised weapons doesn't look "planned" to me. But I'd agree about the likelihood of booze being a factor: after all, it was the weekend before Christmas. Lots of blokes would have spent that evening at the pub, getting plastered.

    However, I don't see anything that points to Ian Bailey, specifically; he certainly wasn't the only heavy drinker in the area!



  • Registered Users, Registered Users 2 Posts: 4,930 ✭✭✭Day Lewin


    I disagree with this; to me it all looks much more like "taken by surprise" rather than pre-arranged.

    If the stranger thought that the property was unoccupied, he got a nasty shock when this little woman emerged from what he thought was an empty house, and challenged him. "Who are you looking for? Why have you pushed open the gate of my field? Close it right now please!" etc etc

    Drunken guys escalate fast into violence (look at the scenes outside the nightclubs of Leeson St - any night of the year)

    The picture fits Ian Bailey — and thousands of others.



  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    To me it only looks like a rage killing or more it has been deliberately made to look like it. Any normal conversation even under influence of alcohol would hardly have sparked such a rage, not leaving any evidence by the killer at all.

    In order for it to be a rage killing I would presume a lengthy and ongoing feud. The only longer feud I could think of is between Alfie and Sophie over property ownership and who owns what, like that shed. I don't think Alfie did it, he was far too old to ever physically outsmart a younger woman.

    Furthermore, if it was unplanned, the killer wouldn't even have known that Sophie was at her cottage. I think the killer went to the cottage to stop Sophie from doing something and stop her forever.



  • Registered Users, Registered Users 2 Posts: 1,068 ✭✭✭Gussie Scrotch


    As I see it, there is nothing whatsoever in the known facts of this case to indicate any planning.

    It is possible ( so much is possible) that Daniel engaged someone to kill Sophie and to make sure it didn't look like a planned hit. But even it the unlikely event that this was the case, there were so may other, less risky ways to have it done…she could have been thrown over one of the nearby cliffs, for example, which probably would have been regarded as an accidental fall.

    On the other hand, it bears the hallmarks of a spontaeneous rage killing. I see no reason to think it was planned.



  • Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭tibruit


    Marie Farrell`s description of the man loitering across the street when Sophie came in.



  • Registered Users, Registered Users 2 Posts: 1,505 ✭✭✭tibruit


    "As I see it, there is nothing whatsoever in the known facts of this case to indicate any planning."

    A killer who leaves no trace of himself might indicate preplanning. A chief suspect who describes in writing his desire to murder and how he would do it might also be an indicator of preplanning.



  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    So this description:

    He was approx 5’10” in height, late 30’s, scruffy looking, long black coat, flat black beret, thin build, sallow skin, short hair.

    is the reason you think that Ian Bailey should have been made prime suspect in the case?



  • Registered Users, Registered Users 2 Posts: 37,172 ✭✭✭✭odyssey06


    Bailey in a beret? Any other reports of that? Seems very dubious.

    Farrell got Baileys height / relative height completely wrong.

    Remarkable neither Farrell nor Griffin has never laid eyes on Bailey, a distinctive character who was no recluse.

    Could it be this guy?

    https://www.reddit.com/r/MurderAtTheCottage/comments/1mdkza9/what_is_the_gardais_timeline_of_the_murder/

    There was another fellow with a long black coat called Murray as far as I can remember, residing in Glanmire, Co. Cork who had some kind of a shack near Kilfadda bridge who was seen walking near Kealfadda bridge the Sunday evening of the murder at about 4.30 pm 'ish just as it was coming on dusk. END QUOTE

    Note we can believe Marie Farrell's first statement, made on 27/12. This is where she says

    I noticed a weird looking character across the road from my shop.  He was approx 5’10” in height, late 30’s, scruffy looking, long black coat, flat black beret, thin build, sallow skin, short hair.

    We can trust this statement because it was corroborated by her landlord, Dan Griffin who said

    He had a long black coat down almost to his ankles.  He had a black beret on his head.  He was walking fairly lively and I thought he was aged 35 to 40 years of age.  I had not seen him before and did not see him since.

    Ian Bailey never wore a beret.

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



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  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    That's another indication I think. For an unplanned killing it's out of the ordinary that the killer left no traces, no DNA, no fingerprints, wasn't seen or heard and obviously knew that Sophie was at home. It's a bit too much for an unplanned killing in terms of pulling it off and getting away with it.

    He would have planned for Sophie to be at the cottage.

    He would have planned to use at least gloves for not leaving fingerprints or wearing at least a baseball cap for not to risk losing any hair.

    He would have to have planned for some kind of security to come and go without being seen.

    He would have to have planned to use a weapon Sophie would never have suspected and a weapon which couldn't be traced to him as well, nor leaving traces on the weapon.

    He would have to have planned to hit Sophie at a moment where she'd least suspected it and offered the least resistance, not even make any noise, like shouting, etc….

    He would also have to have had some kind of plan not to get himself full of blood whilst bashing her head in. This would have been important for him leaving the scene. He couldn't afford being seen full of blood.



  • Registered Users, Registered Users 2 Posts: 268 ✭✭Zola1000


    Think that's reasonable points you make there. There is just too much luck in it all to have no elements of planning.

    The only one I fully can't grasp, is it's her first time travelling alone to cottage and on one of her rare visits and this happens..that still suggests to me someone knew she was going to be there...if all else was unplanned..



  • Registered Users, Registered Users 2, Paid Member Posts: 4,593 ✭✭✭chooseusername


    Ok, I’ll assume you’re not sealioning.

    The front door is left side hinged, so usually opened inwards with the left hand, which could be blood free.

    The back door is right hand and usually opened in with the right hand which must have been bloody . The fact only one door has blood doesn’t mean the other door was not touched. Either way it has no bearing on which door Sophie left the house by.



  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    Yes, another good point.

    Somebody must have known that she was not only at her cottage but she was alone. Meaning, not having a witness.

    Even during bashing her head in, the way it was one, blood must have spilled in all directions. Even Harbinson stated that as far as I know. Please also consider that if the murderer was holding a cavity block, he would have been less than a meter away from Sophie's head. Getting no blood on himself would have been virtually impossible considering the brutal way she was murdered, - unless he covered her head with something before he started bashing.

    So he must have at least arrived with gloves and some kind of cloth or plastic or the likes to cover Sophie's head whilst bashing her head.

    This would strongly imply planning than not planning.



  • Registered Users, Registered Users 2 Posts: 4,930 ✭✭✭Day Lewin


    It was a cold, midwinter night. Hands get cold. Wearing gloves is normal - doesn't mean you're planning to murder anyone.



  • Registered Users, Registered Users 2 Posts: 1,068 ✭✭✭Gussie Scrotch


    For sure a planned killing would involve effort to minimise the risk of leaving evidence behind. Forensic or otherwise.

    But it may not have been necessary for the killer to know that Sophie was at home. He may have been at the premises for another reason.

    Scenario 1:

    Lets say that the assailant was someone who had legitimate reason to be at the gate. Then any fingerprints would be explainable as everyone who passed through would touch the gate.

    Lets say it all started when Sophie was irritated by seeing this individual leaving the gate open ( it was an issue with her) and perhaps even attempting to prop it open with the block.

    Lets say she hurriedly put her boots on and marched down the field to remonstrate with this person. This person took umbrage at this once a year visitor loudly complaining at him. Lets say insults were traded and he lost his temper and attacker her, picking up a nearby rock and striking her. She falls, bleeding heavily, he realises that he has gone too far and that he is in big, big trouble, in a moment of panic he decides that his only option is to kill her, drags her off the road and dumps her into the briars at the side to make way for his car and finished her off by dropping the block on her head.

    Lastly, he checks the house for any possible witnesses, leaving a smear of Sophies blood on the door behind the handle.

    Scenario 2.

    As above but the killer is spotted by Sophie taking the block off the pumphouse (to retrieve drugs which have been hidden inside)

    Either require far fewer assumptions than any planned attack.



  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    But still he would have to have covered her head whilst bashing it in. If not, he would have had more than just a bit of blood on himself, risk of being seen by others getting home, even worse neighbours or his wife.

    If you were to bash someobody's head in the way it was done to Sophie one would with utter certainty have been fully covered in blood. Blood would have been in the killer's hair, on the face, on the whole upper body and arms.

    From an emotional background I can't see the killer going to work and after a normal routine on the next day after the killing. If he was in employment he would have called in sick. Or he was an unemployed loner, no wife asking questions, etc….

    These two scenarios would go very much into the direction that the killer was using the house, area and pumphouse for some kind of illegal activity, stashing drugs for pick up / delivery, etc… and valued the remoteness and holiday cottages which were rarely used.

    The killer would not have planned meeting Sophie but most likely have been surprised by Sophie's visit as she never came around or over Christmas before. Sophie was sort of in the way, had seen something and had to be eliminated. However he still had to kill her without getting full of blood.

    This all also raises the question, why bash her head in, and try strangulation instead. Far more quiet, less bloody, mostly noisless as well….

    Just wondering, did the Richardsons ever report or complain about drug dealings or the likes in the area?



  • Registered Users, Registered Users 2 Posts: 1,068 ✭✭✭Gussie Scrotch




  • Registered Users, Registered Users 2 Posts: 824 ✭✭✭jesuisjuste


    Well the big flaw in this theory is that the killer had no way to control Sophie's movements and decision-making, so whatever plan there would have been would have disappeared once she started trying to get away, climb the fence, ended up in the briars etc. Like maybe she would choose to call 999 if she felt spooked, or saw a car coming over the lane.

    Just because she was alone, didn't mean there would be no witnesses. There were 2 potential witnesses within a couple of dozen meters at all times. Did the perpetrator plan to monitor Alfie and Shirley and strike only when they were fast asleep, how would they know?

    Did the plan entail, let her run away and catch her? I mean imagine coming up with a plan which included the victim running, falling in briars, and you trying to extract the victim out of briars and risk injuring yourself. One wrong step and you might trip and fall into briars also. That's farcical.

    Covering a head with something, would have left small pieces of said object within the wounds from the block impacts etc. In any case what kind of object would not tear, and still contain blood when impact by a large concrete block or a stone etc. Also Harbison noted that blood dripped from above onto her body, so whatever it was didn't work anyway so it is moot.



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  • Registered Users, Registered Users 2 Posts: 3,500 ✭✭✭tinytobe


    The killer would have had to live with the risk that Alfie or Shirley would be coming down the road any time, even at night, for whatever reason, even if the likelyhood is low. He would also have to bear in mind that someobody could be driving up to the houses at any time, say the Richardsons returning unexpected. The interesting thing is, that the location where Sophie was found couldn't be seen from Alfie and Shirley's nor from somebody approaching from the main road, is the location seemed at least back then hidden by brambles and briars.

    Maybe also coincidence, but maybe also not.



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