Dáil Éireann debate -
Thursday, 18 Dec 1997

Vol. 485 No. 4

Adjournment Debate. - Murder of French National.

Mr. Higgins

(Mayo): Thank you, A Cheann Comhairle for choosing this matter for the Adjournment.

Sophie Toscan du Plantier came to west Cork to her holiday home last December to spend a quiet Christmas at her private Irish retreat. She was battered to death on the laneway to her house on the night of 22 December.

One year later, we still do not know what stage the investigation has reached. More important, neither the family nor the lawyers representing the family know how far the investigation has got. I spoke this afternoon on the telephone to Paris to the du Plantier family lawyer, Mr. Paul Haennig. He is extremely angry that a series of requests for information relating to the death of their client has been met with a wall of silence. Mr. Haennig would describe it as a wall of indifference. Numerous requests for information have gone unanswered — as Mr. Haennig puts it "no response, no co-operation, nothing", that is, apart from some early confidential conversations with the Garda Síochána.

In desperation, on 4 April, this year, lawyers for the du Plantier family succeeded in having a French judge, Brigitte Pellegrini, appointed in order to gain access to the documentation of the murder inquiry. It was not the intention to interfere with the inquiry, to impede it or to frustrate it in any way. It was simply a case of wanting to know what was happening and what progress was being made.

On 4 April Judge Pellegrini authorised the French Minister for Justice and the justice authorities to seek permission for members of the French police to travel to Ireland to be brought up to date on the case. Co-operation in this regard has not been forthcoming from this side. Not alone has there been no co-operation, not a single letter has been replied to or acknowledged. I understand that the judge wrote in May and June, but there was no acknowledgment and no response. Not even details of the autopsy or post-mortem have been forwarded to France.

Apart from the discourtesy, indeed the insult, to the French authorities, there is the fundamental desire and entitlement of the family to know what steps have been taken to investigate and solve the mystery of the murder of their loved one, what success the authorities have had in bringing charges and what timescale, if any, we are talking about. For a country that is so proud to flaunt its success and sophistication in so many spheres of life, we can be very intransigent, uncaring and primitive at times in regard to our official duties. I ask the Minister for Justice, Equality and Law Reform to tell the House whether the file on the investigation has been completed; whether it has been sent to the Office of the Director of Public Prosecutions; if so when was it sent; whether charges are expected to be brought; and if so, when. The Minister and his Department seem to be impervious and oblivious to what is involved here. A lady, a non-national was brutally murdered. Someone killed her and is still at large. The du Plantier family face into their second Christmas, and they still do not know the circumstances surrounding Ms du Plantier's death. The family agonise, wonder and wait, and they have not even received a line in writing from the authorities in whose jurisdiction the murder occurred or any details of what progress, if any, is being made in investigating this tragedy. Above all else, I ask the Minister to immediately contact his French counterpart or the Irish Ambassador and convey to the du Plantier family an immediate apology for the insensitive and uncaring manner in which the Department has dealt with this matter.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

If there was a considerable amount of exasperation on 4 April, I would respectfully remind the Deputy that this Administration was not in Government at that time. In any event I wish to explain the entire situation in a logical manner.

A fax copy of an International Rogatory Commission — A Request for Mutual Assistance in a Criminal Matter — from the French authorities in this matter was received in the Department of Justice, Equality and Law Reform on 30 April 1997. Let me make it clear that no communication other than this request was received in the Department of Justice, Equality and Law Reform from the French authorities other than through diplomatic channels, and these were mostly by telephone. The request had been made through Interpol to the Garda Síochána and was forwarded by the Garda to my Department.

The request sought very sensitive material relating to the Garda investigation into this crime and also authority for French police to assist the Garda in the execution of the request. Clearly it would be important not to prejudice the Garda investigation or any subsequent prosecution by the premature disclosure of information to third parties.

On 21 May 1997 a copy of the same request was received in my Department through diplomatic channels. On the same day this request was sent to the Chief State Solicitor's Office and the Office of the Attorney General for advice which is normal practice.

It is not true, as has been suggested, that the request was ignored or that no contact was made with the French authorities. The position is that the French authorities have been kept informed of developments through the usual diplomatic channels used in such cases.

The Garda authorities have advised me that the present position regarding this investigation is that a substantial file has been forwarded to the Director of Public Prosecutions for directions. While the file is being actively considered by the Director, Garda inquiries are continuing. I am also informed that in early January 1997 and subsequently the Director of Public Prosecutions issued a number of letters of request to the French authorities on behalf of the Garda seeking that a number of inquiries be made in France. It would appear that one has been responded to.

Obviously a decision on the prosecution cannot be made by the Director of Public Prosecutions until the investigation has been completed. As I mentioned, the mutual assistance request has been referred to the law officers for legal advice and the decision will have to be made in light of this advice when it becomes available. I expect to have that advice in the near future.

I understand the deep feelings of the family and their distress, and sympathise with them in this respect. I assure them that the investigation is being pursued vigorously by the Irish authorities with a view to bringing the perpetrator or perpetrators to justice.