Gardai 'still preparing prosecution file against Ian Bailey despite his death'

Gardai are still preparing a prosecution file against Ian Bailey for the murder of Sophie Toscan Du Plantier – even though he has died, it emerged last night.

The Irish Mirror has confirmed that Bailey, who died of a massive heart attack on Sunday, was still regarded as the only suspect for the brutal murder of Ms Du Plantier – and is still in the frame in death.

“There are no other prime suspects,” a source said last night.

And we have established that gardaí probing the December 1996 murder of Ms Du Plantier (38) are expected to send a file to the Director of Public Prosecutions in the coming months – in a move that is likely to see the case formally closed.

Gardaí twice asked for Bailey (66) to be charged over the murder of the French film producer at her holiday home in Schull in west Cork – but on each occasion the DPP refused to prosecute him for lack of evidence.

Ian Bailey died on Sunday – but the Garda probe into him is ongoing.

But the Garda’s cold case unit, or serious crime review team, is looking at the murder again.

Sources have told us that it is then likely that the murder investigation team, based out of Bantry Garda Station, will take pointers from that team and prepare a new file for the DPP.

Although Bailey’s death means that he cannot now be prosecuted, it’s understood the DPP has the power to come to a conclusion that the evidence pointed to him – and that there is no prospect of anyone else being brought to justice.

The DPP would then have the power to declare the case closed – and communicate her decision to the family of Ms Du Plantier, who have mounted a 26 year battle to have her killer brought to justice.

It’s understood the DPP has examined some historic sexual abuse cases and come to the conclusion if the suspect was alive he would have been charged and that is what may happen in this case.

Sophie Toscan Du Plantier (file photo)

Sources said investigators hope that might give the family some closure.

They also said that there had been more optimism about a successful prosecution against Bailey – because of cases where so-called circumstantial evidence were successfully prosecuted in the courts.

There was no direct physical evidence against Bailey, who always maintained his innocence, but officers were building a circumstantial case against him – and were confident of him being charged.

High profile murder trials including Graham Dwyer in 2015 and Mr Moonlight killer Patrick Quirke in 2019 both relied on circumstantial evidence – where the prosecution successfully built a case against the accused by drawing all the strands of the investigation together.

Officers were hoping to do the same with Bailey – including allegations that he confessed to the killing; that he had cuts on his arms and hands in the days after the murder; and that he had met Ms Du Plantier before, despite denying that.

The scene of murder of Sophie Toscan Du Plantier, 1996 in Schull, West Cork. Floral tributes at spot where her body was found.

Although the DPP in Ireland refused to charge Bailey, French authorities prosecuted him in his absence in 2019 and found him guilty.

He was sentenced to 25 in his absence. The High Court in Dublin later refused to extradite him from Ireland to France to serve his sentence.

Gardaí confirmed after the death of Mr Bailey (66) that the investigation into the murder of Ms Du Plantier was still alive.

A spokesman said: “The Garda investigation into the murder of Sophie Toscan du Plantier in 1996 remains active and ongoing.

“An Garda Síochána has no further comment at this time.”

Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.