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Thread: Ian Bailey extradition case adjourned to consider 'new material'

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    Default Ian Bailey extradition case adjourned to consider 'new material'

    Ian Bailey's lawyers have provided new material in his extradition hearing before the Supreme Court.
    The case has now been adjourned to consider the new material which apparently has been provided by the DPP under the instruction of the AG.
    Martin Giblin SC, for Mr Bailey said that the extent of the wrongdoing by State officials was “breath-taking, even by the lowest standards encountered by the courts”
    The material at issue was so extensive the State may wish to claim privilege over some matters, he said. The situation was unprecedented because the DPP, on the advice of the Attorney General, had made available material to Mr Bailey from some files that Mr Bailey would not be entitled to.
    Some material had also come from the Department of Justice on Wednesday evening.
    The material had also been sent to the French judicial authorities, who may or may not wish to take it into account in their proceedings, counsel added.
    http://www.irishtimes.com/newspaper/...307372649.html

    Back in 2008 there was a report in the Examiner about the DPP dealing with false witness statements allegedly made under Garda pressure in the case:
    Meanwhile, the Irish Examiner has learned how the Director of Public Prosecutions is ready to direct gardaí on how to proceed in allegations of a false witness statement allegedly made under Garda pressure in the Irish murder investigation.

    A file was sent to the DPP 13 months ago following an internal Garda investigation by assistant commissioner, Ray McAndrew.

    The internal probe was launched in 2005 after a key witness Marie Farrell withdrew a statement placing journalist Ian Bailey at Kaelfadda Bridge, close to the du Plantier home, on the night of the murder.

    Ms Farrell said the statement had been given under Garda pressure.

    A Garda source has told the Irish Examiner that the DPP is ready to make a recommendation based on the McAndrew review.

    That development was also confirmed by Frank Buttimer who said he had been informed by the DPP’s office that the file is under "very active consideration and a decision on Mr Bailey’s complaint is pending".

    That decision could see Marie Farrell and the gardaí she alleges coerced her into making a false statement charged with perverting the course of justice.

    http://www.examiner.ie/story/Ireland/gbgbmhsngb/rss2/

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Vinnie Brown, on Wednesday night, seemed a little clued in, when he said that something would come to light, possibly next Monday.
    "This isn't working,
    My middle-brow f**ker"

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    At the time, in the area, there was chat < Mod - best not repeated CF >....

    What has always interested me is who is funding all this?
    Last edited by C. Flower; 11-11-2011 at 10:52 AM.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    A witness retracted on this, as I recall. And the forensic trail was comprehensively trashed by the Gardaí.

    I hope Mr. Bailey gets justice on this.

  5. #5
    Kev Bar Guest

    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    There's a meta message here: Mess with posh double barreled surnamed French birds at your peril.

    Despite being guilty of nothing, Bailey's has had the equivalent of a life sentence of hard insinuation and looming threat.
    Last edited by Kev Bar; 12-11-2011 at 01:34 AM.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by Kev Bar View Post
    There's a meta message here: Mess with posh double barreled surnamed French birds at your peril.

    Despite being guilty of nothing, Bailey's has had the equivalent of a life sentence of hard insinuation looming threat.
    I don't think it's so much as who was the victim, but of very shoddy and questionable or indeed possibly very illegal policing methods.

    The retraction by the witness and her allegation that she was pressured should surely have been investigated by now ?

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    I remember watching a Canal + documentary on the du Plantier murder, the French really don't do balanced reportage - Bailey was demonized.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    "Nothing to see here; move along please" according to Garda sources quoted in the Irish Times today:
    The Irish Times understands part of the information disclosed to Mr Bailey’s legal team includes a letter from a solicitor in the office of the Director of Public Prosecutions (DPP) that is highly critical of the way the killing was investigated by gardaí, and which questions witnesses’ reliability.

    However, Garda sources pointed out that this letter, which was written in late 1999 or early 2000, prompted then Garda commissioner Pat Byrne to appoint a new team under Det Chief Supt Austin McNally to review the original investigation and re-interview witnesses.

    Det Chief Supt McNally and his team spent eight months in west Cork in 2000 re-interviewing witnesses and examining procedures from the original investigation, and found that the original investigation had been properly conducted, say Garda sources.

    The same sources pointed out that many of these witnesses, whose reliability had been questioned by the solicitor in the DPP’s office, later testified in 2003 on behalf of eight newspapers sued by Mr Bailey and their credibility was not called into question by the trial judge.

    Garda sources also pointed out that a subsequent review of the original investigation carried out by assistant commissioner Ray McAndrew in 2005 on foot of a complaint by Mr Bailey’s solicitor, Frank Buttimer, did not lead to any prosecution of gardaí who were involved in the case.
    http://www.irishtimes.com/newspaper/...307460310.html

  9. #9
    Kev Bar Guest

    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by C. Flower View Post
    I don't think it's so much as who was the victim, but of very shoddy and questionable or indeed possibly very illegal policing methods.

    The retraction by the witness and her allegation that she was pressured should surely have been investigated by now ?
    I think it's a question of both.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by barrym View Post
    At the time, in the area, there was chat < Mod - best not repeated CF >....
    Sorry, didn't think it was too outrageous. I was in the immediate area at the time and, as you might imagine, there was plenty of chat.

    I think that some of the comment on here is a little exaggerated, Recall it was Christmas time in 1996, when there wasn't the same sort of white suited and booted teams we see now, and Schull is a LONG way from Garda and State Pathologist resources, even now.

    B

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by barrym View Post
    Sorry, didn't think it was too outrageous. I was in the immediate area at the time and, as you might imagine, there was plenty of chat.

    I think that some of the comment on here is a little exaggerated, Recall it was Christmas time in 1996, when there wasn't the same sort of white suited and booted teams we see now, and Schull is a LONG way from Garda and State Pathologist resources, even now.

    B
    I can well imagine, but not necessarily accurate, and possibly damaging and hurtful.

    I take your point about rural policing resources in the 1990s.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Some new information on this today from the Sunday Indo.
    A dossier of "internal communications" within the DPP's office was released to lawyers for Mr Bailey and to the French authorities last Monday. The 50-page review of evidence was released to them on Wednesday through Justice Minister Alan Shatter.
    The report, prepared by the the office of the Director of Public Prosecutions (DPP) 10 years ago, was highly critical of the garda investigation into the French film producer's death and concluded that there was no credible evidence to prefer a prosecution against Mr Bailey. It is understood that the review questions the credibility of several witness statements given to gardai. It devotes a whole section to Marie Farrell, once a star witness, who later retracted evidence that she saw Mr Bailey on the night of the murder.
    One source suggested that the Attorney General, Marie Whelan, may have become aware of the documents in the course of monitoring Mr Bailey's extradition appeal proceedings in the Supreme Court. As Ms Whelan was appointed Attorney General to the new government in March, she would only recently have had access to internal state papers relating to the Bailey case.
    Mr Bailey has long claimed that he was wrongly targeted in the garda investigation. Garda headquarters have conducted several reviews of the investigation, one in 2000 under the then chief superintendent, Austen McNally.
    A subsequent internal garda inquiry was launched after Marie Farrell withdrew her statements in 2005. The findings were never published. Ms Farrell, who admitted to lying under oath during Mr Bailey's libel action against several newspapers, was not prosecuted. No disciplinary action was taken against garda
    http://www.independent.ie/national-n...e-2933397.html

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    This story is heading very quickly towards GUBU territory. There's a piece on page 2 of the ST today by John Mooney which claims that these files were found in a locker of a South Dublin police station.
    Garda sources say the papers were among files left behind by a senior officer who retired
    Security sources say the evidence gathered as part of the murder investigation, and follow up correspondence with the DPP, may not have been properly filed, which led to papers being mishandled and lost
    No link as ST is behind a paywall.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by PaddyJoe McGillycuddy View Post
    This story is heading very quickly towards GUBU territory. There's a piece on page 2 of the ST today by John Mooney which claims that these files were found in a locker of a South Dublin police station.


    No link as ST is behind a paywall.
    I remember the witness who retracted speaking very openly on RTE. It seemed very odd that there was no further action.

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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    The Sophie Toscan de Plantier case looks more and more like a complete shambles:
    A RETIRED Director of Public Prosecutions has told the State authorities that gardai made a "grossly improper" attempt to influence a prosecution for the murder of Sophie Toscan du Plantier.
    Eamonn Barnes claimed that in 1998 he was told of an attempt to put pressure on his office to bring a murder charge against the prime suspect for Ms Toscan du Plantier's murder, Ian Bailey.
    In an extraordinary intervention, Mr Barnes disclosed the information in an email to his former colleagues in the DPP's office in October, weeks before the Supreme Court was due to hear Mr Bailey's appeal against his extradition.
    Mr Barnes revealed that in 1998, he got a call from the State solicitor for west Cork, Malachy Boohig, who said gardai were keen to secure a prosecution. Mr Boohig told Mr Barnes that he was asked to a meeting with three senior gardai. According to his account, the officers made it known they were under pressure to secure a charge.
    After the meeting, a garda followed Mr Boohig outside and asked him if he had been at school with John O'Dongohue, then Minister for Justice. The garda then urged the solicitor to ask the minister to use his influence to help get a charge.
    The attempted interference was taken seriously by Mr Barnes although no further action followed.
    http://www.independent.ie/national-n...k-2960375.html

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