The French trial of Ian Bailey: Was it justice?

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Sophie Toscan du Plantier’s family would say Irish justice has done nothing for them

Already many in Ireland had been critical of the French decision to try Mr Bailey in absentia for the 1996 murder of the 39-year-old mother of one at her holiday home in Toormore. Many pointed to the decision by the Director of Public Prosecutions not to charge him in Ireland as sufficient proof of the error of the French decision.But the view of the family of Ms Toscan du Plantier is that it gave them hope of justice for their loved one.

The French justice system is inquisitorial rather than adversarial, as it is in Ireland. But even French observers remarked this week on the unusual nature of proceedings in the Cour d’Assises because trials in absentia, particularly for something as serious as murder, are rare in France. Yet the French system works – it is recognised by the European Courts of Justice. And as the lawyers for Ms Toscan du Plantier’s family argue, it was open to Mr Bailey to defend himself, as he did in the earlier appeal courts in France where he failed to win his arguments.

While such testimonies seem out of place in the Irish system, one has to acknowledge that the French family felt they had no alternative to get justice.Indeed, Mr Bailey himself, in an effort to put an end to what he says has been a living nightmare for him for the past 23 years, wrote to the DPP in late 2016. He asked to be tried in Ireland so that he could clear his name as believes he can. But that has not and will not happen.

 

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I’m no way a legal eagle. For a far trial the man should have been there to defend himself. It happened in Ireland and he’s an Irish resident. Money still talks

A wealthy well connected family decides that a resident of another state is guilty of a crime. They use their influence to have the individual 'tried' in their own country, with dodgy evidence and a predetermined outcome - what kind of justice is that?

No. Did it give the family closure - maybe somewhat. Was he guilty? Probably. But beyond reasonable doubt. No.

Certainly not. The usurpation of law and sovereignty by another nation is despicable. If Mr. Bailey were a likable fellow, would this have been allowed? Cop yourself on, this is wrong on its face.

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