THE husband and parents of Sophie Toscan du Plantier, the French woman murdered in West Cork in December have filed criminal proceedings in Paris against her killer, although his or her identity is not known.
By filing a criminal complaint, we are trying to step up collaboration between French and Irish police. This is the main reason," Mr Alain Spilliaert, one of two lawyers hired by Mr Daniel Toscan du Plantier, told The Irish Times in an interview in Paris.
Mr Spilliaert said he did not want to give the impression that the family and lawyers suspected" the murderer was French. "We don't know if there are any French suspects or not," he said. "We have no idea at the moment."
A Frenchman who had been a friend of Mrs Toscan du Plantier was questioned by French police in January, but he was cleared when he proved that he was not in Ireland at the time of the murder.
Mr Toscan du Plantier a wealthy and prominent film producer, was anxious to keep abreast with the investigation into his wife's murder, according to Mr Spilliaert. "He doesn't want to oversee the investigation" Mr Spilliaert said. "He wants to be aware of what's going on which is understandable."
The lawyer said he did not know whether it was true that Ms Toscan du Plantier had planned to divorce her husband. "That's not the problem," he said. "The position of the family is that they have been struck terribly by her death. Mr Toscan du Plantier could given tons of interviews to the press saying that he loved his wife. It would not be dignified. He doesn't want to repeat every day that he loved his wife, that they worked together, that they were going to Dakar together for New Year's Day. At the moment his concern is that he wants to be aware of the progress of the case."
Press reports portray Mr Toscan du Plantier as a personal friend of French President Jacques Chirac, and there has been speculation that justice officials will pay special attention to his case for this reason. Mr Toscan du Plantier is a very important person in France," Mr Spilliaert said. "That's for sure. And he has a lot of friends. He has done so much for the movie industry in France and Europe that it's easy to understand why."
At the request of Mr Toscan du Plantier, Mr Spilliaert had checked to see if it was possible to file a criminal case in Ireland, but be found that no comparable procedure exists in the Republic.
Both he and his late wife's parents wanted to play a more active role in the investigation. "Mr Toscan du Plantier is still suffering very much," Mr Spilliaert said. "Just before Christmas his young wife was killed. It's realty a terrible shock. The sooner the murderer is found the better."
Under French law, it is possible to file a suit against "X" when the identity of a criminal is unknown. Such a suit was filed by Mr Toscan du Plantier and his late wife's parents, Georges and Marguerite Bouniol, on January 17th. Mr Spilliaert said the Bouniols, in their mid 60s, were devastated by their daughter's murder. In Ireland, Mr Spilliaert said, plaintiffs have little or no role to play in police investigations. By contrast, in France "the plaintiff is very much concerned during the whole process. It means we can review the minutes and have access to evidence."
To file charges, the family made a symbolic financial deposit with the dean of French investigating magistrates, Judge Humetz, who is now fulfilling the formality of referring the case to the French attorney general's office. The attorney general's office will send the case back to Judge Humetz, who will then appoint an investigating magistrate, probably next week. The newly appointed judge will then issue an international investigation warrant to members of Paris's famed Brigade Criminelle who will pursue their investigation in tandem with the gardai. If Ms Toscan du Plantier's murderer is found, the family may file a claim for financial damages at the time of the trial.
Mr Spilliaert saw no reason for friction between French police and gardai. "What the family wants is good co operation between the two," he said. "It's childish to think about this in terms of competition or withholding information. It's a very normal situation for two police forces to co operate. It may be unprecedented in West Cork, but I'm sure it is not unprecedented between Ireland and France. Police work together. There's nothing abnormal about it. If someone is reluctant to give information, it's not acceptable. It's not a question of lack of confidence - it's just to make sure that everyone is involved. "
