Murder review team told to report this month

A team of detectives reviewing the Garda investigation of the murder of Sophie Toscan du Plantier over 10 years have been told…

A team of detectives reviewing the Garda investigation of the murder of Sophie Toscan du Plantier over 10 years have been told to have their report finalised by the end of February for forwarding to Garda Commissioner Noel Conroy, The Irish Timeshas learned.

The detectives under Assistant Commissioner Ray McAndrew began their review of the Garda handling of the investigation in October 2005 and spoke to approximately 50 serving and retired members of the force involved with the investigation.

It is understood that a small number of retired officers expressed concerns over who would receive copies of the report when they were approached by the review team seeking clarification of statements that they made earlier in the review process.

Serving members of An Garda Síochána are obliged to assist the review team or face disciplinary procedures.

READ SOME MORE

However, there is no such compulsion on retired members of the force, whose co-operation with the review team is entirely voluntary.

The review was ordered by Mr Conroy within days of receiving a complaint from solicitor Frank Buttimer acting for his client Ian Bailey.

Mr Bailey was twice arrested for questioning in connection with Ms Toscan du Plantier's killing.

Mr Buttimer wrote expressing concern that his client had been arrested on foot of a statement that has since been withdrawn by Schull shopkeeper, Marie Farrell.

She has alleged that she was pressurised into making the statement by gardaí.

Ms Farrell originally told gardaí that she saw Mr Bailey at Kealfadda Bridge on the night that Ms Toscan du Plantier was murdered at her holiday home at Toormore near Schull in the early hours of December 23rd, 1996.

Ms Farrell later insisted that this statement to gardaí was false.

Garda spokesman Supt Kevin Donohoe told The Irish Timesthat the review by Mr McAndrew and his team was ongoing but that it was expected to be completed within the first quarter of 2007.

He said that if the review disclosed the possibility of an offence being committed by anyone, then Mr McAndrew would submit the report to the Director of Public Prosecutions, who would have to decide whether the matter merited prosecution.

If some aspect of the case was submitted to the DPP for consideration, Mr Conroy would not receive the report until it was disposed of by the DPP.

It would then be up to Mr Conroy to decide whether to make its findings public or not.

Last month, Minister for Justice Michael McDowell expressed concern that publication of the Garda review of the handling of the murder inquiry might prejudice any future criminal prosecution in the case, while he also appeared to rule out any question of a public inquiry.

Mr McDowell said he would have to see the review before making any decision on publication, but as the murder inquiry was still a "live investigation", he was conscious of doing nothing that might prejudice any criminal proceedings.

Last month, Mr Buttimer said he thought that it would be only fair and reasonable, given that the Garda review had been initiated on foot of a complaint by his client, that his client would receive a copy of its findings.

However, Supt Donohoe said that it was unlikely that a full copy of the review report would be made available to Mr Buttimer, although he and his client would be fully advised as to its outcome. This, he said, was normal procedure in the case of anyone making a complaint to the Garda.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times