Minister for Justice Michael McDowell yesterday expressed concern that publication of a Garda review of the handling of the Sophie Toscan du Plantier murder inquiry might prejudice any future criminal prosecution.
Mr McDowell said he would not be making any decision on whether to publish the review until he receives a copy of it from Garda Commissioner Noel Conroy and had a chance to study it in detail.
"I have to say that I would have to see the report before I could say whether it is appropriate to put it in the public domain . . . the murder of Sophie Toscan du Plantier is a live investigation and I don't know if it would be appropriate in those circumstances to make it public.
"The purpose of the report is to allay public disquiet and if I can publish it, I will, but if it would prejudice the proper investigation of the murder or if it would effectively terminate all inquiries, then I would have to think very seriously whether publication was appropriate."
A French film producer and mother of one, 39-year-old Ms Toscan du Plantier from Paris was beaten to death near her holiday home in Schull, west Cork, on December 23rd, 1996.
Englishman Ian Bailey, living in Schull, was twice arrested for questioning but released without charge. In October 2005, Mr Bailey's solicitor, Frank Buttimer, sought an inquiry from Mr Conroy after a key witness, Marie Farrell, withdrew a statement implicating Mr Bailey in the killing and alleged that she had been pressurised by gardaí into making it.
Yesterday, Mr McDowell reiterated that he would await Assistant Garda Commissioner Ray McAndrew's report, but he appeared to rule out any public inquiry into the Garda handling of the case lest it would prejudice any criminal investigation.
"I don't want to rule anything in or out but as long as it remains a live investigation, a tribunal of inquiry would effectively prevent it ever having a criminal justice outcome. I don't believe it would be possible after such a tribunal to have any prosecution at any time in the future."
Mr McDowell said if there was a need for an inquiry, there were other mechanisms open to him such as a commission of inquiry or an inquiry similar to that set up to investigate the death of Clonmel boy Brian Rossiter.
Mr Buttimer disagreed with Mr McDowell that holding a public tribunal of inquiry would prejudice any future prosecution in the case, arguing that the review was not of the full murder inquiry but simply how it implicated his client, Mr Bailey.
Given that the focus of an inquiry is on how Mr Bailey became implicated, he didn't believe such an inquiry would compromise a possible prosecution against any other party, said Mr Buttimer.
"I think that's only fair and reasonable to allow him to take whatever steps he will need to take on foot of what the report contains."
