A lawyer acting for the family of murdered Frenchwoman, Sophie Toscan du Plantier last night called on the Irish authorities to ensure that any phone recordings relating to the murder are retained to assist a French investigation into the killing.
Alain Spilliaert, the family’s lawyer, said the controversy regarding the secret recording of phone calls into and from garda stations had come as a surprise to Ms Toscan du Plantier’s parents, Georges and Marguerite Bouniol and others campaigning for justice for Ms Toscan du Plantier.
The issue of the secret recordings came to light in the case of four garda charged with offences in Waterford but the matter was given urgency in a case being brought by former journalist, Ian Bailey in a High Court action for wrongful arrest against the State.
Mr Bailey (57) was twice arrested for questioning in connection with the murder of Ms Toscan du Plantier in Schull in West Cork in December 1996 but was never charged in relation to the killing and had always denied any involvement in the death.
In the course of Mr Bailey’s High Court action, his lawyers sought discovery of matters from the garda file into the murder and, last November counsel for the state, Paul O’Higgins SC told the High Court that new and unexpected electronic material had come to light.
Mr O’Higgins said that the material related to previously unheard “phone traffic” and the state was given until March 26th to provide discovery to Mr Bailey’s lawyers and it’s understood that part discovery were handed over to Mr Bailey’s lawyers last week.
However, Mr Spilliaert said Ms Toscan du Plantier’s family and the Association for the Truth about the Murder of Sophie Toscan du Plantier (ASSOPH) were concerned at suggestions that if the secret recordings were deemed to be obtained illegally, that they might be destroyed.
“For us, it is a strange story but we are concerned that any phone calls relating to the case such as the call made by Marie Farrell when she first rang in to Bandon Garda Station using the alias,’Fiona’ in January 1997 and other calls she made would be preserved,” he said.
"We're not clear what the position of those calls would be in an Irish court because of the issue of consent but from our perspective in France, such calls could be very important to the investigation being carried out by Judge Patrick Gachon into the killing of Sophie."
“For us, it would be a disaster to destroy such material which could potentially be crucial evidence in any trial we would have here in France - particularly if somebody like Marie Farrell chose not to travel to France and we had to rely on statements that she has made.”
“The parents of Sophie and all the team in ASSOPH are very worried that if there is any material of any significance in these recordings that it should be preserved and made available to Judge Gachon and his investigators.”
