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Sophie is at the centre of this story.
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But it's true that for 23 years,
3
00:00:23,982 --> 00:00:27,736
it's often forgotten,
uh, who my sister was.
4
00:00:31,823 --> 00:00:35,285
So much crime fiction involves
the violent murder of women.
5
00:00:36,327 --> 00:00:39,205
Those lurid covers
of old-fashioned detective stories.
6
00:00:42,083 --> 00:00:45,128
Sophie du Plantier
really was very beautiful.
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But there was so much more to her.
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She was solitary,
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thoughtful,
10
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a romantic poet.
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I think, for her,
West Cork was a place to reflect,
12
00:01:03,229 --> 00:01:05,065
to write, to read.
13
00:01:05,148 --> 00:01:06,983
She loved Irish poetry.
14
00:01:07,067 --> 00:01:11,571
I could just picture her in her woollies,
drinking tea with honey and reading.
15
00:01:13,281 --> 00:01:16,201
The glow
of the Fastnet lighthouse outside.
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There's a human desire
to understand the mystery
17
00:01:21,956 --> 00:01:24,209
that lies behind this terrible story.
18
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Here's a line
from one of my own poems.
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00:01:36,304 --> 00:01:40,016
"That many other chapters are yet untold
before the story ends."
20
00:01:49,275 --> 00:01:52,487
Ian Bailey, who'd been
reporting the story for local newspapers,
21
00:01:52,570 --> 00:01:55,406
has been questioned
about her murder and released.
22
00:01:55,490 --> 00:01:58,868
What happens now is
up to the director of public prosecutions.
23
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We would have to await a decision
from the director.
24
00:02:01,913 --> 00:02:04,874
You're saying to me
that you didn't kill Sophie du Plantier,
25
00:02:04,958 --> 00:02:06,501
nor did you have any part in that?
26
00:02:06,584 --> 00:02:08,086
I am saying to you I didn't kill her.
27
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I had no knowledge of the killing.
I'm an innocent man.
28
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I was in a state of shock,
and Jules was in a state of shock.
29
00:02:14,384 --> 00:02:17,470
Looking back, actually,
I guess we had post-traumatic stress.
30
00:02:18,596 --> 00:02:21,599
That week immediately after
and the week after that,
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there were more media coming in.
All sorts of stories were bandied around.
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Everybody around here would know
all these little stories and events,
33
00:02:29,149 --> 00:02:31,943
and everybody would be
discussing them. Everybody.
34
00:02:32,026 --> 00:02:34,904
Look, it just got stranger and stranger.
35
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He had learned
that Ian Bailey's hobby
36
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was destroying religious artefacts.
37
00:02:39,868 --> 00:02:43,538
Gardaí asked, was it true
he'd been seen out one night in the rain
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wearing only his jocks and a hat.
39
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She'd heard rumours of him
howling at the moon at night
40
00:02:48,585 --> 00:02:51,588
with what he described as
"Mr. Bailey's thinking stick."
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00:02:51,671 --> 00:02:53,816
People'd seen him, just pants on
running down the road.
42
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Bailey'd been outside the house
roaring and wailing.
43
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This is a month after the murder
this has happened,
44
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but it's a full moon.
45
00:03:01,347 --> 00:03:04,559
I think he told us
that he did commune with the moon.
46
00:03:04,642 --> 00:03:06,936
That's where the word "lunacy" comes from.
47
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He'd be howling at the moon
48
00:03:08,354 --> 00:03:11,524
with his stick in the middle of the road...
All this happened.
49
00:03:11,608 --> 00:03:13,985
This was a story told to me.
I presume it's true.
50
00:03:14,068 --> 00:03:19,115
I mean, I know people that, they...
they swear blind that this happened.
51
00:03:19,199 --> 00:03:23,578
There were a whole lot of, uh,
ridiculous allegations and suggestions.
52
00:03:23,661 --> 00:03:26,372
There was one
that I would howl at the moon.
53
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That at the time of the full moon,
they said, "Oh, Bailey, he goes crazy."
54
00:03:31,377 --> 00:03:33,713
"He's got this stick as well.
A magic stick."
55
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I don't know, that I had this magic stick
that was imbued with magic properties.
56
00:03:37,717 --> 00:03:39,886
I used it to make spells
and things like that.
57
00:03:41,221 --> 00:03:45,433
There are all sorts of rumours
and... and misinformation being...
58
00:03:45,516 --> 00:03:46,643
And who's behind it all?
59
00:03:46,726 --> 00:03:50,104
I went to him as a friend to tell him
what people were saying about him.
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00:03:52,815 --> 00:03:56,569
I went round his house innocently,
knocked on the door. He let me in.
61
00:03:57,070 --> 00:04:00,657
He was sat down. He had drink everywhere
and, like, rich food and all this stuff.
62
00:04:00,740 --> 00:04:04,786
He said, "Want a glass of cider?" I said,
"I'm working. I popped in to see you."
63
00:04:05,286 --> 00:04:07,789
He was relaxed until I came out with
what people were saying,
64
00:04:07,872 --> 00:04:09,791
that he'd be
howling at the moon and stuff.
65
00:04:09,874 --> 00:04:13,419
Straight away, bang,
he just went into a complete meltdown,
66
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and he moved from where he was,
67
00:04:15,213 --> 00:04:17,590
and he went white-knuckled,
and his face changed.
68
00:04:17,674 --> 00:04:20,510
He grabbed hold of the thing
behind him, and he was astonished.
69
00:04:20,593 --> 00:04:24,180
And he was like, "You fucker,"
like this to me. And I was like, "What?"
70
00:04:25,181 --> 00:04:27,642
He said, "You saw her in Spar
the day before she was killed
71
00:04:27,725 --> 00:04:30,019
and you saw her tight arse
and wanted to give her one."
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He said, "When you went to her house
at two in the morning,
73
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she ran away screaming
'cause you scared her."
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00:04:34,983 --> 00:04:37,068
"You chased her,
threw something at her head,
75
00:04:37,151 --> 00:04:39,696
and realised you went too far."
And I went...
76
00:04:42,490 --> 00:04:43,992
"Where did that even come from?"
77
00:04:44,492 --> 00:04:47,328
It felt like he was saying what he did,
but through me, you know?
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I was scared when I left his house.
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00:04:50,623 --> 00:04:53,501
I'd just been sat with someone
really fucking dangerous,
80
00:04:53,584 --> 00:04:54,627
and I felt scared.
81
00:04:56,337 --> 00:05:00,842
When he was telling you this,
did it feel like some form of confession?
82
00:05:00,925 --> 00:05:02,010
Oh, definitely, yeah.
83
00:05:02,093 --> 00:05:06,889
Definitely, I'd say, by the way he did it
to all the other people he'd confessed to.
84
00:05:09,350 --> 00:05:10,390
We learned later
85
00:05:10,435 --> 00:05:11,853
that he confessed, uh,
86
00:05:12,645 --> 00:05:14,731
to a number of people in the community.
87
00:05:17,066 --> 00:05:20,820
One particular night,
New Year's Eve, to be specific,
88
00:05:20,903 --> 00:05:22,989
a local couple, Richie and Rosie Shelley,
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00:05:23,072 --> 00:05:25,575
were having drinks
in a local pub in Schull
90
00:05:26,159 --> 00:05:30,079
and got into conversation
with Ian Bailey and Jules Thomas.
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00:05:30,913 --> 00:05:33,249
They invited them back
late on New Year's Eve.
92
00:05:33,333 --> 00:05:36,002
Ian started talking about the murder,
93
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and he became quite emotional
and, uh, started crying.
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And it was that sort of
early morning thing after drinking
95
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when he'd get strange.
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He started crying
and hugging Richie Shelley
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and saying, "I did it. I did it."
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"I went too far."
99
00:05:51,851 --> 00:05:53,853
They ran screaming from the house.
100
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They ran away.
101
00:06:02,111 --> 00:06:04,030
Any other psychic will tell you
102
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that when you're compelled
to say something, then you say it.
103
00:06:09,369 --> 00:06:11,746
There was a German friend who had a party.
104
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Ian was at the party,
as were many other people.
105
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It was just one of them little moments
where we just happened to be together.
106
00:06:20,880 --> 00:06:24,008
In my world,
there's no such thing as coincidences.
107
00:06:24,092 --> 00:06:26,469
You know, these things are put in place.
108
00:06:27,136 --> 00:06:29,222
I said to him, "You murdered that woman."
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She wanted to confront him with that.
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And he looked me straight in the eye,
111
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and he said he didn't mean
for everyone to get involved.
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That's what he said.
113
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I knew Jules before I knew Ian.
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She was my neighbour.
115
00:06:49,283 --> 00:06:51,202
She had three daughters,
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00:06:51,285 --> 00:06:52,703
and then Ian turned up
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00:06:52,787 --> 00:06:54,622
a few years later.
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In that community,
you're used to giving people lifts
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'cause there's no public transport.
120
00:07:00,962 --> 00:07:04,090
So if the girls needed
a spin up from Lowertown,
121
00:07:04,173 --> 00:07:06,968
I'd often drive them
all the way to their place,
122
00:07:07,051 --> 00:07:10,471
or if they were picking up the girls,
they'd drop Malachi off,
123
00:07:11,514 --> 00:07:12,890
my eldest son.
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00:07:12,974 --> 00:07:15,309
Malachi was only 14 at the time.
125
00:07:16,769 --> 00:07:19,021
He'd been
at a friend's place after school,
126
00:07:19,105 --> 00:07:22,108
and he saw Ian outside of the Courtyard,
127
00:07:22,191 --> 00:07:24,402
and he gave him a spin home.
128
00:07:26,070 --> 00:07:29,240
Ian seemed to be quite stressed,
129
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and I think he'd been drinking.
130
00:07:34,370 --> 00:07:37,707
Being polite,
Malachi asked him how his work was going.
131
00:07:38,791 --> 00:07:40,501
That's when he turned round and said,
132
00:07:40,585 --> 00:07:43,754
"I went up there
and bashed her brains in with a rock."
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He just came out with this.
134
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There was silence,
135
00:07:50,511 --> 00:07:54,432
and I think Malachi just wanted
to get home as quickly as possible.
136
00:07:58,311 --> 00:08:00,188
He didn't say anything much that evening.
137
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He didn't want to get himself into trouble
138
00:08:02,273 --> 00:08:05,026
because he'd got a lift
off somebody that'd been drinking.
139
00:08:05,735 --> 00:08:09,363
But the following day,
he explained what had happened.
140
00:08:09,447 --> 00:08:10,781
I then said,
141
00:08:10,865 --> 00:08:14,744
"This is too big for... for me or you
to make a decision about this."
142
00:08:14,827 --> 00:08:16,621
We then made statements.
143
00:08:18,247 --> 00:08:20,458
Gardaí would say
that was a critical development
144
00:08:20,541 --> 00:08:22,668
in the investigation
from their point of view.
145
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Like the rest of the community,
146
00:08:25,254 --> 00:08:29,550
we didn't know all the evidence that
the Garda investigation had at the time.
147
00:08:29,634 --> 00:08:33,304
I only knew
what was happening within my own family.
148
00:08:35,181 --> 00:08:36,599
You have to understand,
149
00:08:36,682 --> 00:08:39,268
that part of the country
and most parts of Ireland,
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people didn't talk.
151
00:08:41,103 --> 00:08:43,481
Literally, you didn't say anything.
152
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You might know something,
153
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but you kept it to yourself.
It's none of your business.
154
00:08:49,278 --> 00:08:52,156
Evidence came through in small bits
155
00:08:52,240 --> 00:08:56,661
from locals brave enough to say it
to local guards or something like that.
156
00:08:58,371 --> 00:09:01,415
Malachi was very confused,
frightened.
157
00:09:02,625 --> 00:09:05,086
That stayed with him for many, many years.
158
00:09:05,878 --> 00:09:07,755
I mean,
I don't know if other people do this,
159
00:09:07,838 --> 00:09:10,967
but, I mean, I do use sarcasm,
and I do use irony on occasions,
160
00:09:11,050 --> 00:09:12,260
and it was so ridiculous.
161
00:09:12,343 --> 00:09:13,970
He called it "black humour."
162
00:09:14,053 --> 00:09:17,390
Well, the population of Ireland
at the time was about five million,
163
00:09:17,848 --> 00:09:19,408
and amazingly, out of the five million,
164
00:09:19,433 --> 00:09:22,436
there was only one fella
talked about killing her.
165
00:09:22,937 --> 00:09:24,939
How do you explain,
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when a person is crying
and hugging this person
167
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and... and admitting to a murder,
that it's black humour?
168
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Not one of the people
that he made those admissions to
169
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interpreted it in that fashion.
170
00:09:49,839 --> 00:09:52,049
9 a.m. in early winter.
171
00:09:52,133 --> 00:09:55,011
It is still dark
on the Mizen Head peninsula.
172
00:09:59,015 --> 00:10:02,393
Georges and Marguerite Bouniol,
Sophie Toscan du Plantier's parents,
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wanted to share a service
with locals from this corner of Ireland
174
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which she loved so much.
175
00:10:09,692 --> 00:10:11,694
A light has been on
for a few days in this house
176
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which is completely isolated.
177
00:10:13,696 --> 00:10:16,174
There are flowers on the spot
where exactly one year ago today,
178
00:10:16,198 --> 00:10:19,076
the body of Sophie Toscan du Plantier
was discovered.
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00:10:26,083 --> 00:10:30,004
I was immediately
very protected after my mother died.
180
00:10:31,213 --> 00:10:35,343
I didn't meet the police, French or Irish.
181
00:10:35,885 --> 00:10:37,553
I didn't meet the journalists.
182
00:10:38,679 --> 00:10:41,599
I was... very far from all that.
183
00:10:44,268 --> 00:10:45,811
I was a little boy, uh...
184
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simply a victim.
185
00:10:51,901 --> 00:10:54,236
For days,
186
00:10:54,320 --> 00:10:56,197
then weeks, months,
187
00:10:56,280 --> 00:10:59,158
the police told the family
188
00:10:59,241 --> 00:11:01,410
that the end was very close.
189
00:11:01,494 --> 00:11:03,496
It was really round the corner.
190
00:11:08,417 --> 00:11:12,004
The Garda never stopped
adding things to the case file.
191
00:11:12,088 --> 00:11:14,465
But we didn't know much about all that.
192
00:11:16,592 --> 00:11:19,053
We were still
all in a very emotional state.
193
00:11:19,553 --> 00:11:23,182
I think that justice
will be done once, we think, all of us,
194
00:11:23,265 --> 00:11:27,103
but sometimes,
we are, uh, a little bit despaired.
195
00:11:29,188 --> 00:11:30,988
Then in early January,
196
00:11:31,023 --> 00:11:34,485
once again the Garda told the family
197
00:11:34,568 --> 00:11:37,238
that it was going to be resolved soon.
198
00:11:42,660 --> 00:11:45,389
Afternoon.
The headlines this Tuesday lunchtime.
199
00:11:45,413 --> 00:11:46,997
A man's been arrested in West Cork
200
00:11:47,081 --> 00:11:50,584
by Gardaí investigating the murder
of the Frenchwoman Sophie du Plantier.
201
00:11:51,752 --> 00:11:55,131
A year after the first arrest,
I was subjected to a second arrest.
202
00:11:59,385 --> 00:12:01,585
He stood up
and told enough people he'd done it.
203
00:12:02,680 --> 00:12:04,640
So don't be surprised if you get arrested.
204
00:12:04,724 --> 00:12:06,892
They said,
"We're special detectives."
205
00:12:06,976 --> 00:12:10,604
"We're members of the
National Criminal Investigation Bureau,"
206
00:12:10,688 --> 00:12:14,316
and they were sort of supposed to be
the elite Garda detective branch.
207
00:12:14,400 --> 00:12:17,319
- Con, what's the story?
- I don't know. I wish I did.
208
00:12:17,820 --> 00:12:21,073
Under Irish law,
you've got two periods of detention,
209
00:12:21,157 --> 00:12:22,825
both 12 hours each.
210
00:12:24,118 --> 00:12:28,914
The Gardaí don't get a third opportunity
to interview a suspect.
211
00:12:31,250 --> 00:12:33,130
The director
of public prosecutions
212
00:12:33,169 --> 00:12:34,769
is still examining a file on the murder.
213
00:12:35,921 --> 00:12:40,342
The DPP is a law officer here
who assesses Garda investigations
214
00:12:40,426 --> 00:12:41,761
and decides whether or not
215
00:12:41,844 --> 00:12:45,347
the Gardaí have managed to produce
enough evidence to warrant a charge.
216
00:12:45,431 --> 00:12:48,726
He's being held under
Section 4 of the Criminal Justice Act
217
00:12:48,809 --> 00:12:50,728
and can be held for up to 12 hours.
218
00:12:54,356 --> 00:12:57,651
I spoke to Jules
when I arrived in the morning.
219
00:12:58,736 --> 00:13:01,322
I went to her house, to their house,
220
00:13:01,864 --> 00:13:03,616
because we were friends.
221
00:13:04,992 --> 00:13:06,327
And I asked her,
222
00:13:06,410 --> 00:13:08,370
"Do you think
223
00:13:09,330 --> 00:13:11,373
Ian could be guilty?"
224
00:13:14,001 --> 00:13:15,544
She said, "I don't know."
225
00:13:20,090 --> 00:13:22,360
Gardaí are still questioning a man
226
00:13:22,384 --> 00:13:25,805
in connection with the murder
of Frenchwoman Sophie Toscan du Plantier.
227
00:13:28,182 --> 00:13:29,822
There were two Garda in particular,
228
00:13:29,850 --> 00:13:32,645
and I can remember
they said, "We'll have a break now."
229
00:13:32,728 --> 00:13:34,730
I said to them,
"No, no, I don't want a break."
230
00:13:35,314 --> 00:13:37,900
"Um... Listen, we need a break from you."
231
00:13:42,029 --> 00:13:45,658
I suspect they were
looking for a confession from Ian Bailey.
232
00:13:47,618 --> 00:13:49,954
Someone called me saying,
233
00:13:50,037 --> 00:13:53,791
"Tonight, Marie-Madeleine,
I'll have good news for you."
234
00:13:54,917 --> 00:13:57,336
And then that night,
there was no good news.
235
00:13:57,419 --> 00:13:58,712
The DPP had said no.
236
00:14:06,345 --> 00:14:08,889
Again,
he was released without charge.
237
00:14:08,973 --> 00:14:10,599
Because they didn't get a confession
238
00:14:10,683 --> 00:14:13,978
and the evidence they did have
was still circumstantial.
239
00:14:15,521 --> 00:14:18,190
We were all dumbfounded.
240
00:14:18,858 --> 00:14:21,360
Uh, It was very difficult for my parents.
241
00:14:24,321 --> 00:14:27,658
In Ireland,
the family of the victim doesn't exist.
242
00:14:28,367 --> 00:14:30,536
The Garda leads their inquiry
243
00:14:31,620 --> 00:14:35,082
and subsequently gives the case...
244
00:14:36,208 --> 00:14:39,378
...to the director of public prosecution,
the DPP.
245
00:14:40,546 --> 00:14:42,339
Nothing more is going to happen,
246
00:14:42,423 --> 00:14:45,676
so we'd ask you
to disperse quietly and quickly.
247
00:14:46,218 --> 00:14:47,136
Is that all right?
248
00:14:47,219 --> 00:14:50,180
What does he do?
He reads through the dossier,
249
00:14:50,264 --> 00:14:53,601
and it's him that decides
whether to prosecute or not to prosecute.
250
00:14:53,684 --> 00:14:55,728
If there is not enough proof,
251
00:14:55,811 --> 00:14:57,521
not enough evidence,
252
00:14:58,480 --> 00:15:00,649
um, then he will not prosecute.
253
00:15:01,775 --> 00:15:04,945
If you'll forgive me for saying, I think,
254
00:15:05,029 --> 00:15:05,946
at times,
255
00:15:06,030 --> 00:15:09,241
that Bailey had Ireland by the balls.
256
00:15:16,582 --> 00:15:20,836
After his arrest,
Ian Bailey entertained the media
257
00:15:21,629 --> 00:15:24,340
to the extent
of inviting them into his home.
258
00:15:24,924 --> 00:15:27,551
With his partner,
he answered our questions
259
00:15:27,635 --> 00:15:29,136
and protested his innocence.
260
00:15:29,219 --> 00:15:33,098
He was engaged
with the press, is what I would say.
261
00:15:33,182 --> 00:15:35,893
He was very visibly engaged with them
at that time.
262
00:15:35,976 --> 00:15:37,186
We're not sure exactly...
263
00:15:37,269 --> 00:15:40,731
We're not sure who
is benefitting from these lies about us.
264
00:15:40,814 --> 00:15:44,652
But what I know is that the police have
tried to pass me off as the murderer,
265
00:15:44,735 --> 00:15:46,362
as well as my partner, Jules.
266
00:15:46,862 --> 00:15:48,739
We really have nothing to do with it.
267
00:15:49,740 --> 00:15:53,410
You see, that's the weakness
in his personality, really.
268
00:15:54,328 --> 00:15:56,747
He seeks that attention.
269
00:16:00,209 --> 00:16:02,378
The murder happened
in December '96.
270
00:16:03,921 --> 00:16:06,006
We had the arrests in '97, '98.
271
00:16:07,132 --> 00:16:10,469
Things had quietened down.
Obviously, the investigation was ongoing.
272
00:16:12,054 --> 00:16:15,683
It appeared to the outside world
that nothing happened for several years.
273
00:16:17,226 --> 00:16:20,854
And then suddenly, it sprang back up
into the public consciousness.
274
00:16:22,773 --> 00:16:25,567
Ian Bailey claims his life was destroyed
275
00:16:25,651 --> 00:16:27,319
by articles on the Sophie Toscan...
276
00:16:27,403 --> 00:16:29,714
Bailey claimed
the newspapers had defamed him
277
00:16:29,738 --> 00:16:32,950
by naming him as the killer
of Sophie Toscan du Plantier.
278
00:16:33,033 --> 00:16:36,745
Every now and again, there'd be
a completely salacious, damaging story
279
00:16:36,829 --> 00:16:37,955
in one of the papers.
280
00:16:38,539 --> 00:16:42,835
Obviously, certain detectives were
letting stories out to their contacts,
281
00:16:42,918 --> 00:16:45,879
and I... I subsequently took
a... a legal action over that.
282
00:16:45,963 --> 00:16:47,423
To clear his name,
283
00:16:47,506 --> 00:16:49,842
he's brought
the most extraordinary libel action.
284
00:16:52,428 --> 00:16:54,847
Today,
journalist Ian Bailey's libel action
285
00:16:54,930 --> 00:16:57,558
against seven Irish
and British newspapers,
286
00:16:57,641 --> 00:16:59,810
arising out of their coverage of the case,
287
00:16:59,893 --> 00:17:01,770
opened at the circuit court in Cork.
288
00:17:01,854 --> 00:17:04,565
His barrister said for almost seven years,
289
00:17:04,648 --> 00:17:07,067
Mr. Bailey had been put on trial
290
00:17:07,151 --> 00:17:08,193
by a slanted media
291
00:17:08,277 --> 00:17:10,863
which had set out to demonise his client.
292
00:17:11,447 --> 00:17:15,743
But then, of course, newspapers applied
to get access to the Garda file,
293
00:17:16,243 --> 00:17:17,578
and they got that.
294
00:17:17,661 --> 00:17:19,872
Which would prove hugely significant.
295
00:17:20,831 --> 00:17:23,959
They subpoenaed witnesses
who'd made statements to the Gardaí.
296
00:17:24,043 --> 00:17:25,836
People who didn't want to be there
297
00:17:25,919 --> 00:17:28,797
suddenly found themselves
being brought in to court.
298
00:17:29,298 --> 00:17:33,218
Obviously, I'd look at the RTÉ news,
and I'd see the Schull witnesses,
299
00:17:33,302 --> 00:17:35,471
who were up outside the courthouse,
300
00:17:35,554 --> 00:17:37,473
trying to dodge the cameras, you know,
301
00:17:37,556 --> 00:17:40,350
because no one wanted
to be filmed for national TV.
302
00:17:40,434 --> 00:17:42,311
We all took an interest in the case
303
00:17:42,394 --> 00:17:45,564
because, you know,
it's been part of our history now.
304
00:17:46,315 --> 00:17:49,234
We learned a lot about the case,
about the Garda investigation.
305
00:17:49,318 --> 00:17:51,796
It was the first time
the public got to learn about the details
306
00:17:51,820 --> 00:17:54,281
of the Garda's case against Ian Bailey.
307
00:17:54,782 --> 00:17:57,701
The court heard
evidence in this case may continue
308
00:17:57,785 --> 00:17:59,578
until the end of this week.
309
00:17:59,661 --> 00:18:02,414
So we got a picture of the case
which the Gardaí had built,
310
00:18:02,498 --> 00:18:05,417
which was hugely circumstantial,
let it be said,
311
00:18:05,501 --> 00:18:07,503
but quite detailed nonetheless.
312
00:18:09,379 --> 00:18:12,758
Previously,
we didn't have access to the Irish file.
313
00:18:12,841 --> 00:18:18,639
What was extraordinary was that
all the witnesses who had been interviewed
314
00:18:18,722 --> 00:18:22,935
came forward during this trial
to say the same thing.
315
00:18:23,435 --> 00:18:25,145
They weren't the ones telling lies.
316
00:18:26,939 --> 00:18:29,667
From a situation where
we never knew why Ian was a suspect,
317
00:18:29,691 --> 00:18:31,735
we suddenly began to see, "Hang on."
318
00:18:31,819 --> 00:18:34,029
"This is why
they're pointing the finger at him."
319
00:18:34,738 --> 00:18:37,574
Although Ian Bailey
took the newspapers to court,
320
00:18:37,658 --> 00:18:40,035
it essentially turned into a murder trial.
321
00:18:40,119 --> 00:18:42,496
Bill Fuller said Bailey told him,
322
00:18:42,579 --> 00:18:46,291
"She ran off screaming, and it stirred
something in the back of your head."
323
00:18:46,375 --> 00:18:48,460
"You went too far
and had to finish her off."
324
00:18:48,544 --> 00:18:50,879
Mr. Fuller felt
Bailey was trying to confess...
325
00:18:50,963 --> 00:18:53,590
Malachi Reed claims Ian Bailey replied,
326
00:18:53,674 --> 00:18:57,511
"It was fine until I went up there
with a rock and bashed her brains in."
327
00:18:57,594 --> 00:19:01,014
He put his arms around
Richard Shelley and said, "I did it."
328
00:19:01,098 --> 00:19:02,349
"I went too far."
329
00:19:02,432 --> 00:19:06,353
It's strange that he didn't envisage
that this would go badly for him.
330
00:19:07,813 --> 00:19:10,649
Bailey was gripped
by a bit of hubris,
331
00:19:10,732 --> 00:19:12,818
which he often was,
332
00:19:12,901 --> 00:19:16,488
and thought he's gonna make a fortune
and shut the media down.
333
00:19:17,239 --> 00:19:19,599
One of the more interesting
pieces of evidence
334
00:19:19,658 --> 00:19:21,493
to emerge during this libel case
335
00:19:21,577 --> 00:19:23,871
centred here on Kealfadda Bridge,
336
00:19:23,954 --> 00:19:25,956
about a mile from Sophie's house.
337
00:19:26,039 --> 00:19:30,085
A shopkeeper from Schull told the court
that she saw Ian Bailey here
338
00:19:30,169 --> 00:19:33,088
at 3 a.m. on the night of Sophie's murder.
339
00:19:33,172 --> 00:19:35,316
From a Garda point of view,
Marie Farrell was critical.
340
00:19:35,340 --> 00:19:38,093
She was the only person
who could put Ian out of the house
341
00:19:38,177 --> 00:19:40,596
and in the vicinity of Sophie's house.
342
00:19:40,679 --> 00:19:43,432
Marie Farrell told Gardaí she saw a man
343
00:19:43,515 --> 00:19:46,852
she later identified as Ian Bailey
at Kealfadda Bridge,
344
00:19:46,935 --> 00:19:50,439
about a mile from
Sophie Toscan du Plantier's holiday home.
345
00:19:50,522 --> 00:19:53,692
Marie Farrell is a central character
346
00:19:53,775 --> 00:19:56,612
because she saw Bailey
on the night of the murder
347
00:19:57,779 --> 00:19:59,239
at Kealfadda Bridge.
348
00:19:59,323 --> 00:20:01,116
She was a pivotal witness.
349
00:20:01,200 --> 00:20:04,912
Are you 100% sure
it was Ian Bailey on the bridge?
350
00:20:04,995 --> 00:20:06,288
110%.
351
00:20:06,371 --> 00:20:09,541
And Ian Bailey confirmed that to me
when he came into my shop
352
00:20:09,625 --> 00:20:12,377
because he said,
"I know you saw me on the bridge."
353
00:20:14,129 --> 00:20:16,548
She was extraordinarily credible.
354
00:20:16,632 --> 00:20:19,676
Very adamant, very definite,
very clear as to what she was saying,
355
00:20:19,760 --> 00:20:21,303
and very clear what she was saying
356
00:20:21,386 --> 00:20:24,097
about being harassed
and threatened afterwards by Ian.
357
00:20:24,723 --> 00:20:26,141
Farrell told the court
358
00:20:26,225 --> 00:20:28,769
that Ian Bailey tried to force her
on a number of occasions
359
00:20:28,852 --> 00:20:31,230
to retract the statement
she made to Gardaí.
360
00:20:31,313 --> 00:20:33,941
She said he told her
he knew things about her
361
00:20:34,024 --> 00:20:36,360
and asked her to change her statement.
362
00:20:36,443 --> 00:20:39,363
She made
many official complaints to the Gardaí
363
00:20:39,446 --> 00:20:44,952
in relation to the campaign of harassment
and intimidation she suffered
364
00:20:45,035 --> 00:20:47,037
at the hands of Ian Bailey.
365
00:20:47,120 --> 00:20:48,830
He arrived in the shop,
366
00:20:48,914 --> 00:20:52,042
and he said that he knew
I had seen him on the bridge
367
00:20:52,542 --> 00:20:55,045
and that he wanted me
to tell his solicitor
368
00:20:55,128 --> 00:20:58,382
that the Gardaí had made me
make up the story about him.
369
00:20:59,424 --> 00:21:01,802
And if I did that,
he would leave me alone.
370
00:21:01,885 --> 00:21:04,721
And when
I had no intentions of doing that,
371
00:21:04,805 --> 00:21:06,640
he made my life hell.
372
00:21:07,683 --> 00:21:09,643
And at one stage, I thought,
373
00:21:09,726 --> 00:21:12,229
"He's so big.
He could kill me here in two minutes,
374
00:21:12,312 --> 00:21:13,855
and nobody would know."
375
00:21:13,939 --> 00:21:16,066
We were waiting
for the ice cream parlour to open,
376
00:21:16,149 --> 00:21:17,943
and she came running down,
377
00:21:18,026 --> 00:21:20,737
absolutely terrified,
and we said, "What's the matter?"
378
00:21:20,821 --> 00:21:24,199
And she said that
Bailey had parked facing her in the car,
379
00:21:24,283 --> 00:21:25,867
and he'd gone like this.
380
00:21:26,576 --> 00:21:31,248
He, em, would make cutthroat gestures
like this if he met me on the street,
381
00:21:31,331 --> 00:21:32,541
or he would do this.
382
00:21:33,208 --> 00:21:36,336
That type of intimidation
went on for months and months.
383
00:21:36,420 --> 00:21:40,007
She said she feared for herself
and for her children.
384
00:21:42,426 --> 00:21:44,261
I did a lot of investigation.
385
00:21:44,344 --> 00:21:47,889
I discovered there were other witnesses
and neighbours he'd threatened.
386
00:21:48,724 --> 00:21:51,351
So it was quite understandable
387
00:21:51,435 --> 00:21:54,354
that particularly
the female population of the area
388
00:21:54,438 --> 00:21:56,064
should be scared of Ian Bailey.
389
00:21:57,607 --> 00:22:01,236
A lot of women were
absolutely terrified of Ian Bailey.
390
00:22:02,362 --> 00:22:04,531
And a lot of women upped and left.
391
00:22:04,614 --> 00:22:07,200
They'd left, and they didn't come back.
392
00:22:08,243 --> 00:22:10,912
Ian spent a third day
in the witness box
393
00:22:10,996 --> 00:22:12,289
in Cork Circuit Court today.
394
00:22:12,372 --> 00:22:14,333
It was incredible
what was coming out.
395
00:22:14,416 --> 00:22:17,002
You'd have something written by lunchtime,
396
00:22:17,085 --> 00:22:19,421
and in the afternoon,
that was gone out the window.
397
00:22:19,504 --> 00:22:22,966
Ian Bailey's
cross-examination began this afternoon,
398
00:22:23,050 --> 00:22:24,259
and almost immediately,
399
00:22:24,343 --> 00:22:28,305
he was challenged about what's been
described as his stormy relationship
400
00:22:28,388 --> 00:22:30,098
with his partner, Jules Thomas.
401
00:22:30,182 --> 00:22:34,019
He had beaten up Jules so badly,
she nearly lost an eye.
402
00:22:34,978 --> 00:22:37,647
A friend of Jules Thomas's
daughter, Peter Bielecki,
403
00:22:37,731 --> 00:22:41,818
told the court about an assault
on Jules Thomas by Ian Bailey in 1996.
404
00:22:42,527 --> 00:22:46,239
I got a knock on the door,
and it was Jules's daughter Virginia.
405
00:22:46,323 --> 00:22:49,868
Could I come
and take Jules to hospital, please?
406
00:22:51,411 --> 00:22:53,205
Jules is sat on the bed.
407
00:22:53,288 --> 00:22:55,165
She's... She's curled up in a ball.
408
00:22:55,248 --> 00:22:59,795
This eye is huge and turned in.
Half of her hair is out of her head.
409
00:23:00,295 --> 00:23:04,091
There's nail marks all over her face.
Her lip is ripped open.
410
00:23:09,221 --> 00:23:12,849
Uh, Fenella,
who was the little girl, looked at me,
411
00:23:13,892 --> 00:23:16,311
and, uh, to this day, I can't...
412
00:23:17,687 --> 00:23:19,189
Sorry. Just give me a sec. Um...
413
00:23:20,023 --> 00:23:22,526
It was the look on that kid's face.
414
00:23:23,735 --> 00:23:25,737
Like, "Help. Help me, please,"
415
00:23:25,821 --> 00:23:27,072
and I couldn't, you know?
416
00:23:29,074 --> 00:23:32,369
And, uh,
I've never felt so useless in all my life.
417
00:23:33,578 --> 00:23:35,789
I... I couldn't help this child, you know?
418
00:23:40,961 --> 00:23:44,047
It became part of their life together,
419
00:23:44,631 --> 00:23:49,010
um, and the neighbours
got used to seeing her, uh, bruised.
420
00:23:50,429 --> 00:23:54,015
After the third or fourth time,
they'd see her with a black eye.
421
00:23:54,099 --> 00:23:57,144
They were appalled
by the savagery of the attacks.
422
00:23:59,104 --> 00:24:01,624
Paul Gallagher
for the newspapers suggested to him
423
00:24:01,648 --> 00:24:04,151
that he'd inflicted
at least five assaults on Ms. Thomas.
424
00:24:07,070 --> 00:24:09,197
It's not that
I don't wanna go back into them,
425
00:24:09,281 --> 00:24:11,116
but, I mean, they are long past.
426
00:24:13,201 --> 00:24:15,745
On that occasion, she'd been drinking,
we'd both been drinking.
427
00:24:15,829 --> 00:24:19,791
I've maybe... I don't know what happened,
but she started to grab me,
428
00:24:21,209 --> 00:24:22,919
and I was pushing her back,
429
00:24:23,003 --> 00:24:24,963
and I hurt her in that process.
430
00:24:25,046 --> 00:24:26,673
Mr. Bailey admitted
431
00:24:26,756 --> 00:24:30,594
that Ms. Thomas had been left
with clumps of hair missing from her head,
432
00:24:30,677 --> 00:24:33,472
her eye was purple,
the size of a grapefruit,
433
00:24:33,555 --> 00:24:37,392
and her lip was severed from her gum.
She needed eight stitches.
434
00:24:37,476 --> 00:24:41,104
Mr. Bailey said he had drink taken
and had lost control,
435
00:24:41,188 --> 00:24:43,648
but he denied that he was a violent man.
436
00:24:43,732 --> 00:24:45,817
I'd had a conversation with a local guard,
437
00:24:45,901 --> 00:24:47,861
and I said,
"She's not gonna press charges."
438
00:24:47,944 --> 00:24:50,280
And he said,
"She must do because...
439
00:24:50,906 --> 00:24:52,266
...if she doesn't,
440
00:24:52,324 --> 00:24:55,535
it could be worse next time.
And it might not even be her."
441
00:24:57,954 --> 00:25:00,916
In relation
to Sophie's murder, when was this?
442
00:25:00,999 --> 00:25:01,917
Hmm...
443
00:25:02,000 --> 00:25:03,793
Six months before, I suppose.
444
00:25:03,877 --> 00:25:04,920
At most.
445
00:25:06,880 --> 00:25:09,090
I'd have to take full responsibility.
446
00:25:11,176 --> 00:25:14,221
But, I mean, it does take two...
You know, it takes two to tango.
447
00:25:14,304 --> 00:25:16,014
But I'm not trying to absolve my...
448
00:25:16,598 --> 00:25:18,058
my actions or,
449
00:25:19,017 --> 00:25:20,227
you know, at all.
450
00:25:21,311 --> 00:25:26,358
Ian is a very interesting paradox
between being shameless and shameful.
451
00:25:28,985 --> 00:25:32,239
Today, Judge Patrick Moran
ruled against Ian Bailey.
452
00:25:32,322 --> 00:25:34,950
The newspapers
didn't brand him the murderer,
453
00:25:35,033 --> 00:25:39,704
and Judge Moran had no hesitation
in describing Mr. Bailey as a violent man.
454
00:25:39,788 --> 00:25:41,248
He lost the case.
455
00:25:41,331 --> 00:25:45,835
It did seem like
almost an act of self-harm for him
456
00:25:46,336 --> 00:25:48,797
to bring this trial upon himself.
457
00:25:48,880 --> 00:25:52,259
In Paris, in the home
of Sophie Toscan du Plantier's parents,
458
00:25:52,342 --> 00:25:54,511
her family welcomed the judge's ruling.
459
00:25:56,012 --> 00:25:57,652
The verdict is right.
460
00:25:57,722 --> 00:25:59,307
What's sure is that the judge insisted
461
00:25:59,391 --> 00:26:02,310
he was a very violent person,
mainly with women.
462
00:26:02,394 --> 00:26:04,938
We hope that, with the new testimonies,
463
00:26:05,021 --> 00:26:07,524
the DPP will take a decision very soon
464
00:26:07,607 --> 00:26:09,025
to arrest the murderer.
465
00:26:10,443 --> 00:26:12,529
You felt immediately
that what was gonna happen
466
00:26:12,612 --> 00:26:16,241
was that he was gonna get arrested now,
and something was gonna come of this.
467
00:26:16,324 --> 00:26:22,289
We were just still hoping
that the DPP would carry on and prosecute.
468
00:26:24,583 --> 00:26:27,294
The Irish director of public prosecutions
469
00:26:27,377 --> 00:26:30,755
says he has no plans
to charge Ian Bailey with the murder.
470
00:26:31,715 --> 00:26:32,757
For me,
471
00:26:32,841 --> 00:26:36,011
it's stunning to think
that after all that came out,
472
00:26:36,094 --> 00:26:38,513
all that testimony and all that evidence,
473
00:26:38,597 --> 00:26:40,473
that Ireland never put him on trial.
474
00:26:41,224 --> 00:26:43,685
It was evident
475
00:26:43,768 --> 00:26:48,189
that Bailey seemed
even more guilty than before.
476
00:26:48,773 --> 00:26:49,858
But nothing happened.
477
00:27:01,828 --> 00:27:03,455
Since my mother's death,
478
00:27:03,955 --> 00:27:06,416
I've been lucky enough
to put a big barrier
479
00:27:06,499 --> 00:27:10,295
between... between me and this story.
480
00:27:15,383 --> 00:27:19,012
But, uh, time moves on. Uh...
481
00:27:19,095 --> 00:27:20,513
So now it's been 23 years,
482
00:27:21,556 --> 00:27:22,974
there have been two phases.
483
00:27:23,058 --> 00:27:24,100
The phase
484
00:27:25,310 --> 00:27:27,354
where I was, uh...
485
00:27:28,355 --> 00:27:30,982
the child who's suffering,
486
00:27:31,900 --> 00:27:33,860
crying, grieving,
487
00:27:33,943 --> 00:27:35,403
and then the phase
488
00:27:36,196 --> 00:27:37,864
where I enter the fight.
489
00:27:50,877 --> 00:27:56,216
The association is extremely important
for me and for the search for truth.
490
00:27:57,759 --> 00:28:01,596
Every month,
whatever is going on in everyone's lives,
491
00:28:02,389 --> 00:28:03,431
we meet.
492
00:28:03,515 --> 00:28:04,432
Ça va?
493
00:28:08,436 --> 00:28:11,106
It was founded by my grandma's brother.
494
00:28:12,148 --> 00:28:14,984
We were very confident. The Irish police,
495
00:28:15,068 --> 00:28:16,068
the Garda,
496
00:28:16,486 --> 00:28:19,823
were going to solve the problem.
"We'd found the killer."
497
00:28:20,615 --> 00:28:22,992
Then, obviously,
it didn't work out like that.
498
00:28:24,327 --> 00:28:26,913
At that point,
I started saying to my sister,
499
00:28:26,996 --> 00:28:29,874
"We're stuck. We could wait years.
Nothing is being done."
500
00:28:29,958 --> 00:28:33,002
And so we created the association in 2007.
501
00:28:33,545 --> 00:28:35,004
What's going on?
502
00:28:37,298 --> 00:28:39,134
Have you lost weight?
503
00:28:39,217 --> 00:28:42,303
I didn't know anything
about criminal law.
504
00:28:42,387 --> 00:28:45,306
I learned about
the differences between the legal systems.
505
00:28:45,974 --> 00:28:51,396
Is it possible
to convict in absentia in Ireland?
506
00:28:51,479 --> 00:28:54,159
The French system,
it is such a different system.
507
00:28:54,232 --> 00:28:57,986
It really is incredibly different,
and you can't overstate that enough.
508
00:28:58,069 --> 00:29:02,198
In Ireland, which is based on
the British justice system,
509
00:29:02,282 --> 00:29:05,535
you have to prove guilt
beyond reasonable doubt,
510
00:29:05,618 --> 00:29:09,956
and in France,
it's un faisceau de preuves.
511
00:29:10,039 --> 00:29:12,667
It's like a bouquet of evidence.
512
00:29:14,252 --> 00:29:17,464
After the 2003 libel trial,
513
00:29:17,547 --> 00:29:20,508
we have all the witness accounts.
We have everything for the first time.
514
00:29:21,009 --> 00:29:24,804
And it was the beginning
of the legal fight in France
515
00:29:25,305 --> 00:29:26,931
for truth and justice
516
00:29:27,557 --> 00:29:28,558
for Sophie.
517
00:29:29,559 --> 00:29:34,731
All those who knew my mom,
uh, knew she was a fighter,
518
00:29:34,814 --> 00:29:37,734
and, uh, I... I...
519
00:29:37,817 --> 00:29:39,819
I am going to try and be a fighter.
520
00:29:40,528 --> 00:29:41,654
One thing is for sure.
521
00:29:41,738 --> 00:29:45,450
Bailey will not evade justice
his whole life.
522
00:29:48,620 --> 00:29:52,415
We created
the association in September 2007,
523
00:29:52,499 --> 00:29:56,336
and the French investigation
began in 2008.
524
00:30:02,801 --> 00:30:05,678
I've learned
from this story, covering for 24 years,
525
00:30:05,762 --> 00:30:08,097
is that every time
you think it has played out,
526
00:30:08,181 --> 00:30:11,935
it never fails to surprise you.
527
00:30:16,022 --> 00:30:17,702
There was a development
in the story
528
00:30:17,732 --> 00:30:21,402
that took Ireland and France by storm.
529
00:30:21,986 --> 00:30:23,738
I'm positive it wasn't Ian Bailey.
530
00:30:27,659 --> 00:30:29,994
- You're certain it wasn't Ian Bailey?
- Positive.
531
00:30:30,578 --> 00:30:33,122
Marie Farrell
had retracted her statements.
532
00:30:33,206 --> 00:30:34,916
It was all more or less bullshit
533
00:30:34,999 --> 00:30:37,252
in the statements,
and I wanted to withdraw them.
534
00:30:37,877 --> 00:30:41,005
The principal witness
has suddenly, irrevocably
535
00:30:41,089 --> 00:30:43,424
removed herself from the equation.
536
00:30:43,508 --> 00:30:48,304
Marie Farrell turned
the whole investigation on its head.
537
00:30:49,055 --> 00:30:51,808
She was with a man
who was not her husband.
538
00:30:51,891 --> 00:30:55,478
If this came out,
my whole life was destroyed, I thought,
539
00:30:55,562 --> 00:30:57,730
because I thought my marriage was gone,
540
00:30:57,814 --> 00:31:00,149
even though
I hadn't been having an affair.
541
00:31:00,733 --> 00:31:02,110
Compromised by that,
542
00:31:02,193 --> 00:31:07,365
she now claims police forced her
to falsely identify their prime suspect.
543
00:31:07,448 --> 00:31:09,409
They told me
not to worry about it,
544
00:31:09,492 --> 00:31:11,578
that I would never have to go to court,
545
00:31:12,078 --> 00:31:14,873
that they only wanted me
to say it for their own records.
546
00:31:18,501 --> 00:31:21,129
During the libel trial, I believed her.
547
00:31:21,212 --> 00:31:23,548
She was giving evidence.
She was very credible.
548
00:31:23,631 --> 00:31:25,508
When she retracted her statements,
549
00:31:25,592 --> 00:31:28,094
I believed her.
She was very credible again.
550
00:31:28,177 --> 00:31:30,239
I told them
I was withdrawing the statements,
551
00:31:30,263 --> 00:31:34,392
and I was crying, and I told him. I said,
"This is it. I'm withdrawing everything."
552
00:31:34,475 --> 00:31:37,478
"I don't want any more of this.
I can't handle it. I can't take any more."
553
00:31:38,771 --> 00:31:39,689
Well, now...
554
00:31:41,024 --> 00:31:42,358
...I don't know. You see,
555
00:31:44,110 --> 00:31:47,780
she kept to her story for ten years,
556
00:31:47,864 --> 00:31:50,158
which I believed was right.
557
00:31:51,409 --> 00:31:53,244
What made her change her story?
558
00:31:54,370 --> 00:31:55,455
What do you think?
559
00:31:55,538 --> 00:31:56,998
I am telling the truth now.
560
00:31:57,081 --> 00:32:00,793
Why would I put myself
in the spotlight like this
561
00:32:00,877 --> 00:32:02,503
if I wasn't telling the truth?
562
00:32:02,587 --> 00:32:06,132
Maybe you could be doing it
if Ian Bailey was threatening you
563
00:32:06,215 --> 00:32:07,300
or intimidating you,
564
00:32:07,383 --> 00:32:09,886
as the evidence
has been in court hitherto,
565
00:32:09,969 --> 00:32:13,473
from your own mouth, indeed, you know,
that you could be scared of him,
566
00:32:13,556 --> 00:32:15,892
and this is your way
to get him off your back.
567
00:32:16,809 --> 00:32:19,729
No, I have not been intimidated
in any way by Ian Bailey.
568
00:32:21,272 --> 00:32:23,441
Our family's great regret
569
00:32:23,524 --> 00:32:25,234
is that we didn't stop the pressure
570
00:32:25,318 --> 00:32:27,403
that Bailey exerted on Marie Farrell.
571
00:32:28,154 --> 00:32:29,405
For many years,
572
00:32:30,073 --> 00:32:32,825
she lived in the same village
as Bailey, in Schull,
573
00:32:33,368 --> 00:32:35,745
and she was put under enormous pressure.
574
00:32:37,914 --> 00:32:41,417
The case swung,
and Ian Bailey started to bounce back.
575
00:32:44,212 --> 00:32:46,339
Bailey was thrilled.
576
00:32:46,839 --> 00:32:50,301
As he said,
"Welcome onto the side of good."
577
00:32:52,845 --> 00:32:54,973
They now had a witness on their side
578
00:32:55,473 --> 00:32:59,310
who would claim, uh,
that the Gardaí were corrupt.
579
00:33:00,687 --> 00:33:04,691
Bailey has always said
that the treatment that he has received
580
00:33:04,774 --> 00:33:07,318
at the hands of the Irish police
has been corrupt.
581
00:33:14,534 --> 00:33:16,452
Was the investigation corrupt
582
00:33:16,536 --> 00:33:19,998
with the intent of framing somebody
they knew to be innocent?
583
00:33:20,081 --> 00:33:23,042
I would contend
that was more to incompetence
584
00:33:23,126 --> 00:33:25,461
rather than
anything deliberate or malicious.
585
00:33:26,754 --> 00:33:29,465
Unfortunately,
I think the whole debacle
586
00:33:29,549 --> 00:33:33,761
hinges on the way
the guards handled this from day one.
587
00:33:37,974 --> 00:33:41,853
Big mistakes from the beginning,
588
00:33:41,936 --> 00:33:46,232
from the crime scene
that wasn't preserved.
589
00:33:48,526 --> 00:33:50,528
People could walk over it.
590
00:33:53,031 --> 00:33:57,160
Exhibits have gone missing.
Let's be frank about that. There's a gate.
591
00:33:58,119 --> 00:34:01,122
A big,
bloodstained gate from a farmyard
592
00:34:01,205 --> 00:34:03,291
in this investigation went missing.
593
00:34:03,374 --> 00:34:06,502
How in the name of God
can something like that go missing?
594
00:34:08,421 --> 00:34:10,261
Why didn't they have
an identity parade
595
00:34:10,298 --> 00:34:13,760
after Marie Farrell identified him
as the man she'd seen at Kealfadda Bridge?
596
00:34:14,260 --> 00:34:15,845
That was just one aspect, I think,
597
00:34:15,928 --> 00:34:18,973
that the Gardaí would concede privately
that they fell down on.
598
00:34:20,224 --> 00:34:23,144
We're like any police force.
We're not perfect.
599
00:34:23,227 --> 00:34:26,814
I'm not saying we didn't make mistakes,
but there was no...
600
00:34:26,898 --> 00:34:29,859
I'd say that anyplace.
There was no corruption.
601
00:34:29,942 --> 00:34:31,819
There was no setting people up.
602
00:34:31,903 --> 00:34:33,488
It was done on the level.
603
00:34:34,697 --> 00:34:37,097
I don't think anybody
would hold up the investigation
604
00:34:37,158 --> 00:34:38,868
as a model of how it should be done.
605
00:34:39,619 --> 00:34:41,889
But because there are failings
in the Garda investigation,
606
00:34:41,913 --> 00:34:44,707
does that automatically mean
that he's innocent?
607
00:34:50,838 --> 00:34:54,092
Six months went by, a year,
then two, three, four years,
608
00:34:54,175 --> 00:34:57,845
and you're thinking, "Why on earth
isn't something being done?"
609
00:34:58,513 --> 00:35:02,934
I just don't understand
why the DPP didn't prosecute.
610
00:35:05,186 --> 00:35:08,523
Newly uncovered
official files have begun to emerge.
611
00:35:08,606 --> 00:35:14,445
Ten years ago, the DPP's office said
a prosecution of Bailey was not warranted.
612
00:35:14,529 --> 00:35:18,116
In 2011,
we learned why the DPP concluded
613
00:35:18,199 --> 00:35:21,452
that the evidence didn't merit
a charge against Ian Bailey.
614
00:35:21,536 --> 00:35:24,413
The documents included
the opinion of Eamonn Barnes,
615
00:35:24,497 --> 00:35:26,624
who was
the director of public prosecutions
616
00:35:26,707 --> 00:35:29,168
who made the decision
not to prosecute Mr. Bailey.
617
00:35:29,252 --> 00:35:31,629
He said in his opinion,
the evidence in the case
618
00:35:31,712 --> 00:35:34,715
came nowhere near
warranting a charge against Mr. Bailey.
619
00:35:34,799 --> 00:35:39,303
Mr. Barnes said the Garda investigation
was thoroughly flawed and prejudiced
620
00:35:39,387 --> 00:35:40,596
in relation to Mr. Bailey.
621
00:35:40,680 --> 00:35:44,058
The DPP decided that there were
some very questionable practices
622
00:35:44,142 --> 00:35:47,145
being, eh, used by Gardaí
in the course of the investigation.
623
00:35:50,606 --> 00:35:53,943
I was very disappointed
with a whole lot of things.
624
00:35:55,319 --> 00:35:56,237
I'm a cop.
625
00:35:56,320 --> 00:35:59,115
My job as a cop is to collect
what evidence we have
626
00:35:59,198 --> 00:36:01,617
and submit it to the DPP's office.
627
00:36:01,701 --> 00:36:03,953
And 'tis they make the decisions.
628
00:36:04,036 --> 00:36:06,455
We're not in a position
to dispute anything with them,
629
00:36:06,539 --> 00:36:08,457
despite the fact
that you see things there,
630
00:36:08,541 --> 00:36:11,502
and they say, "How can he ignore that?
How can he ignore this?"
631
00:36:13,754 --> 00:36:15,548
In almost every single case
632
00:36:15,631 --> 00:36:18,676
where a witness gives a statement
and Ian gives a different version,
633
00:36:18,759 --> 00:36:20,970
the DPP tends to side
with Ian's interpretation.
634
00:36:22,638 --> 00:36:26,434
He argued
with every single witness
635
00:36:26,517 --> 00:36:28,436
in terms of their credibility.
636
00:36:28,519 --> 00:36:31,230
People like the Shelleys,
Malachi Reed,
637
00:36:31,314 --> 00:36:34,609
he questions on the basis that
they didn't make the statement immediately
638
00:36:34,692 --> 00:36:36,402
and therefore they can't be reliable.
639
00:36:37,153 --> 00:36:39,530
For example, Malachi Reed, at 14,
640
00:36:39,614 --> 00:36:42,116
didn't say to his mother
that evening when he came home.
641
00:36:42,200 --> 00:36:45,786
He waited till the following day,
so the DPP dismissed that statement.
642
00:36:45,870 --> 00:36:47,455
Ordinary witnesses
643
00:36:47,538 --> 00:36:52,376
who had no reason whatsoever, uh, to lie.
644
00:36:53,377 --> 00:36:57,340
His interpretation
of Ian Bailey's previous behaviour,
645
00:36:58,883 --> 00:37:00,843
I'm not sure how
you can interpret something
646
00:37:00,927 --> 00:37:03,054
as being sarcastic from a written script.
647
00:37:03,596 --> 00:37:05,765
One of the most shocking things
about the report
648
00:37:05,848 --> 00:37:10,019
is it says, "Well, yes, Bailey had been
very violent towards women,
649
00:37:10,102 --> 00:37:13,773
but then, unfortunately,
this happens all the time," you know.
650
00:37:13,856 --> 00:37:15,107
Sort of excusing it
651
00:37:15,191 --> 00:37:18,277
and saying that the fact he had
a history of violence against women
652
00:37:18,361 --> 00:37:21,989
was not relevant to the case
that this woman was beaten to a pulp.
653
00:37:23,866 --> 00:37:26,452
Indeed, the conclusion
at the end of the report is,
654
00:37:26,535 --> 00:37:29,789
"We believe there are not
sufficient grounds to send him to trial."
655
00:37:29,872 --> 00:37:32,959
James Hamilton said
there was insufficient evidence
656
00:37:33,042 --> 00:37:36,671
to charge Ian Bailey with the murder
of Sophie Toscan du Plantier.
657
00:37:36,754 --> 00:37:39,257
He said
investigators can act on suspicion,
658
00:37:39,340 --> 00:37:41,968
but the DPP must act on evidence.
659
00:37:45,137 --> 00:37:47,265
Sophie Toscan du Plantier's family
660
00:37:47,348 --> 00:37:51,018
have established an association
to maintain pressure on authorities
661
00:37:51,102 --> 00:37:52,853
in Ireland and France.
662
00:37:52,937 --> 00:37:55,606
That pressure led to the decision
by the Garda commissioner
663
00:37:55,690 --> 00:37:58,526
and the minister for justice
to hand over the Garda file
664
00:37:58,609 --> 00:38:01,279
on Madame Toscan du Plantier's murder
last month
665
00:38:01,362 --> 00:38:03,155
to a magistrate in Paris,
666
00:38:03,239 --> 00:38:06,534
who's conducting
his own investigation under French law.
667
00:38:07,868 --> 00:38:11,455
When a French citizen is murdered abroad,
668
00:38:11,539 --> 00:38:15,293
France has the right
to carry out its own inquiry
669
00:38:15,376 --> 00:38:18,170
and after that to prosecute
670
00:38:19,005 --> 00:38:20,339
the suspect.
671
00:38:21,007 --> 00:38:24,969
I think, and I hope,
there will be a prosecution in this case.
672
00:38:25,052 --> 00:38:27,346
We are working for this.
673
00:38:28,472 --> 00:38:30,057
It was the French family
674
00:38:30,141 --> 00:38:33,269
that kept knocking on the door
of the French government.
675
00:38:33,769 --> 00:38:36,564
"Get the Irish justice system
to sort this out."
676
00:38:36,647 --> 00:38:38,065
"Get somebody on trial."
677
00:38:44,989 --> 00:38:49,368
I've got a stick which now contains
all of the major documents.
678
00:38:49,452 --> 00:38:50,536
The French file.
679
00:38:51,579 --> 00:38:53,706
I'm fully sympathetic to the family,
680
00:38:54,498 --> 00:38:57,126
but I cannot understand why it is
681
00:38:57,209 --> 00:39:01,881
that they are so convinced by the evidence
that we have shown in this country.
682
00:39:01,964 --> 00:39:04,091
It's dodgy, to say the least.
683
00:39:04,175 --> 00:39:07,386
There had been a conspiracy
to pervert the course of justice
684
00:39:07,470 --> 00:39:10,389
by getting Marie Farrell
to make false statements.
685
00:39:10,890 --> 00:39:14,602
So I was battling and trying to take
legal actions to... to clear my name.
686
00:39:18,314 --> 00:39:20,691
Here in the place
they call Ireland's Riviera,
687
00:39:20,775 --> 00:39:23,819
they are bracing themselves
for more revelations.
688
00:39:23,903 --> 00:39:26,030
Ian Bailey is suing the state
689
00:39:26,113 --> 00:39:29,575
amid claims that he was wrongly targeted
as a suspect in the murder.
690
00:39:29,658 --> 00:39:31,702
Bailey was taking us to court.
691
00:39:32,453 --> 00:39:34,705
The truth always comes out at the end.
692
00:39:34,789 --> 00:39:37,416
It might be a long time,
but 'twill happen.
693
00:39:39,627 --> 00:39:40,878
The jury was told
694
00:39:40,961 --> 00:39:43,714
some Gardaí conspired
to implicate Ian Bailey
695
00:39:43,798 --> 00:39:46,342
in the murder of Sophie Toscan du Plantier
696
00:39:46,425 --> 00:39:49,345
and set out to blame him
for a crime he didn't commit.
697
00:39:49,428 --> 00:39:51,347
Certainly the way it was shaping up,
698
00:39:51,430 --> 00:39:53,766
it looked as though
Ian Bailey was going to win.
699
00:39:54,725 --> 00:39:58,604
Farrell said she'd come
to court without any threat or inducement
700
00:39:58,687 --> 00:40:00,856
and was under oath to tell the truth.
701
00:40:00,940 --> 00:40:04,735
Of course, Marie Farrell,
when she came up on the stand,
702
00:40:04,819 --> 00:40:07,613
she was considered the star witness.
703
00:40:07,696 --> 00:40:10,991
Marie Farrell's time
in the witness box was dramatic.
704
00:40:11,075 --> 00:40:13,119
But the defence counsel said
705
00:40:13,202 --> 00:40:16,705
that her evidence was not credible
in many matters.
706
00:40:17,540 --> 00:40:22,128
And then it came to the issue
of the man she was with
707
00:40:22,753 --> 00:40:25,756
on the night
she saw Bailey at Kealfadda Bridge.
708
00:40:26,340 --> 00:40:28,968
Farrell has never revealed the identity
709
00:40:29,051 --> 00:40:32,930
of a man she was with
on 23rd December 1996.
710
00:40:33,013 --> 00:40:34,515
In the witness box today,
711
00:40:34,598 --> 00:40:37,476
she still refused to name
the man she was with that night.
712
00:40:37,560 --> 00:40:39,186
"I will not do that," she said.
713
00:40:39,270 --> 00:40:42,815
He pressed her further,
and then she says,
714
00:40:42,898 --> 00:40:46,152
"I'm sick to death of this.
It's all about my personal relationship."
715
00:40:46,235 --> 00:40:47,987
"I'm not putting up with any more."
716
00:40:48,070 --> 00:40:51,282
She took her handbag and her coat,
and she left the witness stand
717
00:40:51,365 --> 00:40:52,783
and departed the court,
718
00:40:52,867 --> 00:40:56,162
to the horror of Bailey and his team.
719
00:40:56,245 --> 00:40:59,373
And, I mean, Marie Farrell's walkout was,
you know, box office.
720
00:41:01,375 --> 00:41:03,544
The cameraman from RTÉ was really sharp.
721
00:41:03,627 --> 00:41:05,296
He raced around from the front,
722
00:41:05,379 --> 00:41:07,673
around the back,
and got her walking out the back.
723
00:41:08,174 --> 00:41:10,259
Frank Buttimer
had to persuade her to come back.
724
00:41:11,594 --> 00:41:15,681
The judge warned her.
He says, "This will be your last walkout."
725
00:41:16,432 --> 00:41:18,309
He then said,
726
00:41:18,392 --> 00:41:21,604
"You will have to give
the name of this man."
727
00:41:21,687 --> 00:41:25,107
"There's going to be
no secrets in this trial. Name him."
728
00:41:25,191 --> 00:41:26,317
She named a man.
729
00:41:27,067 --> 00:41:28,277
It was another lie.
730
00:41:29,320 --> 00:41:33,324
She had just actually lied
to the court under oath.
731
00:41:33,407 --> 00:41:35,367
Lawyers for the Gardaí and the state
732
00:41:35,409 --> 00:41:37,953
said Marie Farrell's story
had varied so often over the years
733
00:41:38,037 --> 00:41:39,830
that she couldn't be believed.
734
00:41:41,665 --> 00:41:44,084
Poor woman,
she was telling lies nonstop.
735
00:41:44,168 --> 00:41:47,671
Eventually, she didn't know what
she was saying. She was talking rubbish.
736
00:41:47,755 --> 00:41:50,549
The critical witness for Ian
is Marie Farrell.
737
00:41:50,633 --> 00:41:53,093
It really is
the most important thing to his case,
738
00:41:53,177 --> 00:41:54,777
and her credibility was completely shot,
739
00:41:54,803 --> 00:41:57,681
and he was struggling after that
and lost the High Court action.
740
00:41:57,765 --> 00:41:59,016
Can't say anything at present.
741
00:41:59,099 --> 00:42:03,187
Bailey left the High Court
having lost a marathon legal battle
742
00:42:03,270 --> 00:42:06,148
to face
a multi-million euro bill for costs.
743
00:42:06,232 --> 00:42:08,192
Can't say anything at the moment. Sorry.
744
00:42:08,275 --> 00:42:10,736
The bottom line, as far as I'm concerned,
745
00:42:10,819 --> 00:42:12,571
'twas she came forward to us.
746
00:42:12,655 --> 00:42:16,367
We didn't go looking for her,
and that's a very important issue.
747
00:42:21,580 --> 00:42:22,998
I remember her well.
748
00:42:24,833 --> 00:42:29,421
I actually remember
Sophie sitting here in the bar.
749
00:42:31,674 --> 00:42:33,259
Always very low-key,
750
00:42:33,342 --> 00:42:34,677
sat there quietly.
751
00:42:36,845 --> 00:42:38,347
No bother to anybody.
752
00:42:40,307 --> 00:42:42,059
You've certainly brought it all back.
753
00:42:43,018 --> 00:42:45,312
Do you know, 24 years is a long time.
754
00:42:46,772 --> 00:42:49,942
And, uh, you know, the memory goes thin,
755
00:42:50,859 --> 00:42:53,445
and it's hard to remember
everything in detail.
756
00:42:53,529 --> 00:42:56,448
There's been court cases for libel,
757
00:42:56,532 --> 00:42:58,617
court cases for other things,
758
00:42:58,701 --> 00:43:01,120
and it's been known as
the Bailey case ever since,
759
00:43:01,203 --> 00:43:04,123
and I think the focus
has to go back to Sophie,
760
00:43:04,206 --> 00:43:08,043
the innocent victim of some terrible deed.
761
00:43:10,254 --> 00:43:12,381
At the time,
there were all these questions
762
00:43:12,464 --> 00:43:14,842
that were not being properly answered.
763
00:43:16,093 --> 00:43:18,804
We were all looking for the clue.
764
00:43:19,430 --> 00:43:23,517
If only we could find the answer
to make everything okay again.
765
00:43:23,601 --> 00:43:26,604
There was a lot of local networking where...
766
00:43:28,439 --> 00:43:30,566
It's like putting together a jigsaw.
767
00:43:31,692 --> 00:43:37,156
We were all trying to make sense
of all the little tiny bits of information
768
00:43:37,239 --> 00:43:39,408
that everybody was
trying to thread together
769
00:43:39,491 --> 00:43:40,868
in some kind of narrative,
770
00:43:41,452 --> 00:43:43,412
which all kept falling apart.
771
00:43:46,874 --> 00:43:48,834
There were good reasons,
in some cases,
772
00:43:48,917 --> 00:43:52,421
why Gardaí didn't get statements
until weeks, months, or years later.
773
00:43:54,214 --> 00:43:57,259
They didn't realise the significance
of what the person had to say.
774
00:44:00,220 --> 00:44:03,349
I remember the frustration
of being interviewed by the Garda
775
00:44:03,432 --> 00:44:04,850
years after the fact.
776
00:44:06,352 --> 00:44:10,064
I was the person in the suspect's house
777
00:44:10,147 --> 00:44:12,775
the day after it happened.
778
00:44:14,109 --> 00:44:17,321
And that was something
that I could never, uh,
779
00:44:17,404 --> 00:44:18,781
remove from my memory.
780
00:44:20,574 --> 00:44:23,994
When I was 20, I left Italy
781
00:44:24,078 --> 00:44:26,914
and moved to Ireland,
where I met Ginny Thomas.
782
00:44:27,706 --> 00:44:30,793
I remember she was pretty open
about her family, you know,
783
00:44:30,876 --> 00:44:33,420
her, um, mum, uh, Jules,
784
00:44:33,504 --> 00:44:35,714
and, uh, her notorious...
785
00:44:37,007 --> 00:44:38,175
boyfriend, Ian.
786
00:44:39,301 --> 00:44:42,680
I ended up actually
going to stay with them at Christmas.
787
00:44:43,722 --> 00:44:47,476
I remember on the bus ride
from Cork to West Cork,
788
00:44:47,559 --> 00:44:49,269
hearing about the murder.
789
00:44:51,980 --> 00:44:53,357
Once I got there, you know,
790
00:44:53,440 --> 00:44:55,734
I remember things being weird in a way.
791
00:44:57,778 --> 00:45:01,949
I remember Ian covering the case
as he was a journalist.
792
00:45:04,410 --> 00:45:07,287
He was a big guy with a big personality,
793
00:45:07,996 --> 00:45:11,792
and, uh, I remember seeing
the scratches on his arms.
794
00:45:15,003 --> 00:45:17,005
The scratches were visible,
795
00:45:17,089 --> 00:45:18,590
and, um...
796
00:45:18,674 --> 00:45:21,552
I don't, uh, think
they were caused by a Christmas tree
797
00:45:21,635 --> 00:45:23,929
or from killing a turkey.
798
00:45:24,012 --> 00:45:26,807
It's not like I was, uh, scrutinising him,
799
00:45:26,890 --> 00:45:29,017
but, uh, you know, I can comfortably say
800
00:45:29,101 --> 00:45:33,063
that maybe
some thorns caused the scratches.
801
00:45:39,278 --> 00:45:41,739
I remember, uh, you know, taking a shower.
802
00:45:44,324 --> 00:45:46,827
There was a large bucket in the shower.
803
00:45:48,620 --> 00:45:52,374
A dark coat soaked in there.
804
00:45:53,709 --> 00:45:55,043
Heavy material.
805
00:45:56,003 --> 00:45:57,921
I believe it was Ian's coat.
806
00:45:59,923 --> 00:46:02,176
I would say that's unusual, you know,
807
00:46:02,259 --> 00:46:05,721
you're washing such a large item
that is not easy to dry,
808
00:46:05,804 --> 00:46:08,640
you know,
in the middle of winter, but, uh...
809
00:46:10,934 --> 00:46:13,812
It's significant, and I remember clearly
810
00:46:15,189 --> 00:46:16,398
that it was unusual.
811
00:46:24,114 --> 00:46:27,659
I still think there are
a huge number of questions about the case
812
00:46:27,743 --> 00:46:30,829
that he's never answered satisfactorily.
813
00:46:32,873 --> 00:46:36,001
There are just so many contradictions
between his version of it
814
00:46:36,084 --> 00:46:38,879
with the witnesses
who'd given statements to the Gardaí.
815
00:46:40,589 --> 00:46:42,841
Take for example, did he know Sophie?
816
00:46:45,761 --> 00:46:48,072
Had you
previous knowledge of this woman?
817
00:46:48,096 --> 00:46:50,474
Had you met her?
Were you acquainted with her?
818
00:46:50,557 --> 00:46:51,809
Had you seen her before?
819
00:46:51,892 --> 00:46:54,812
Um, I'd never met her,
never been introduced to her.
820
00:46:54,895 --> 00:46:56,188
I'd never spoken to her.
821
00:46:56,271 --> 00:46:58,607
Did you know
Sophie Toscan du Plantier?
822
00:46:58,732 --> 00:47:01,652
I didn't know her
inasmuch that I had never met her,
823
00:47:01,735 --> 00:47:04,279
but I had seen her once,
and she was pointed out to me.
824
00:47:04,363 --> 00:47:06,448
Did you know
Sophie Toscan du Plantier?
825
00:47:06,532 --> 00:47:09,284
I had never met her,
never spoken with her.
826
00:47:09,368 --> 00:47:12,955
I had seen her on one occasion
when it was pointed out by a neighbour.
827
00:47:17,084 --> 00:47:20,587
When Sophie died, it was such a shock.
828
00:47:21,588 --> 00:47:24,258
As a result, I closed all the doors.
829
00:47:24,341 --> 00:47:27,427
I didn't read, listen, or watch anything.
830
00:47:28,971 --> 00:47:30,806
I didn't want to know anything.
831
00:47:33,100 --> 00:47:36,728
The memory only came back
because we created the association,
832
00:47:37,437 --> 00:47:39,606
so it was a very long time afterwards.
833
00:47:39,690 --> 00:47:41,942
It's one of those curiosities
of the memory.
834
00:47:42,025 --> 00:47:46,780
"A man who wrote poems"
flooded back into my mind.
835
00:47:49,575 --> 00:47:52,578
It may have been
the first night she was in Ireland.
836
00:47:52,661 --> 00:47:55,581
A few days before my birthday,
she called me,
837
00:47:55,664 --> 00:47:58,250
and we talked about everything,
838
00:47:58,333 --> 00:48:02,421
about her life, her husband,
her work, what she'd done that day.
839
00:48:04,423 --> 00:48:08,176
At a point in the conversation
where she was talking about her work,
840
00:48:08,260 --> 00:48:10,262
she told me about this man.
841
00:48:11,305 --> 00:48:14,349
This man wanted to meet her
to tell her about a project
842
00:48:15,434 --> 00:48:16,476
about poetry,
843
00:48:18,020 --> 00:48:19,605
and she found him strange.
844
00:48:20,230 --> 00:48:22,608
She found him
a bit worrying as a character.
845
00:48:23,692 --> 00:48:27,321
I said, "Don't see him alone.
See him in a public place."
846
00:48:29,531 --> 00:48:33,201
He said
he never met her. You've all these people,
847
00:48:33,285 --> 00:48:35,537
at least eight other people,
848
00:48:35,621 --> 00:48:39,374
giving statements that contradict Ian
where he says he doesn't know her.
849
00:48:44,588 --> 00:48:47,507
Perhaps the most significant of all
is Guy Girard,
850
00:48:47,591 --> 00:48:50,218
a film producer who worked with Sophie
851
00:48:50,302 --> 00:48:52,721
and spoke to her
before she left for Ireland,
852
00:48:52,804 --> 00:48:54,264
and she again mentioned
853
00:48:54,348 --> 00:48:58,310
that she was going to meet this man
living in Schull who was a writer.
854
00:49:00,187 --> 00:49:05,275
This story extremely affected me deeply.
855
00:49:06,068 --> 00:49:08,654
It profoundly affected me.
856
00:49:10,113 --> 00:49:13,909
It was the evening before her departure.
857
00:49:15,827 --> 00:49:19,247
I thought
she was talking about a Breton director
858
00:49:19,331 --> 00:49:21,792
who had a similar-sounding name.
859
00:49:22,668 --> 00:49:25,963
So I said to her, "Oh yes, I know him.
I've seen this film, that film."
860
00:49:26,046 --> 00:49:28,340
She said, "No, you can't know him."
861
00:49:28,423 --> 00:49:31,385
"Eoin Bailey lives
next door to me in Cork."
862
00:49:33,053 --> 00:49:35,931
She told me
that he earned a living as a writer,
863
00:49:36,014 --> 00:49:38,392
that is to say
he's a journalist or a poet,
864
00:49:39,434 --> 00:49:44,106
and that he was interested
in stories about domestic violence.
865
00:49:47,234 --> 00:49:49,861
Sophie knew Bailey.
Bailey knew Sophie.
866
00:49:51,571 --> 00:49:54,741
The second point is Bailey's confessions.
867
00:49:55,951 --> 00:50:00,247
Bailey's confession to Malachi Reed,
to different people,
868
00:50:00,330 --> 00:50:02,207
"I did it. I did it"
869
00:50:02,290 --> 00:50:06,712
The third point is Bailey's timetable
during the night of the murder.
870
00:50:08,255 --> 00:50:12,342
He himself confessed that he went out
on the night of the murder.
871
00:50:12,926 --> 00:50:14,928
So no alibi for Bailey.
872
00:50:15,971 --> 00:50:18,557
The other point is, of course,
873
00:50:18,640 --> 00:50:21,643
the scratches
and the mark on the forehead.
874
00:50:23,478 --> 00:50:26,398
I mean, all of that
is part of that faisceau de preuves.
875
00:50:26,481 --> 00:50:30,694
The French say
it's part of that bouquet of indications.
876
00:50:32,487 --> 00:50:35,365
When you put it all together,
it... it's pretty damning.
877
00:50:37,367 --> 00:50:39,286
We came to a situation then
878
00:50:39,369 --> 00:50:44,291
that the French decided to proceed
with the trial of Ian Bailey in absentia.
879
00:50:45,333 --> 00:50:48,545
We had a trial
that we'd waited for 22, 23 years for.
880
00:50:53,842 --> 00:50:57,095
Tomorrow in Paris,
over 1,000 kilometres away,
881
00:50:57,179 --> 00:51:01,641
Ian Bailey will be tried for the murder
in his absence under French law.
882
00:51:01,725 --> 00:51:05,896
Legally, it's unprecedented
in Franco-Irish relations.
883
00:51:07,898 --> 00:51:10,126
Just before the trial in France,
884
00:51:10,150 --> 00:51:13,236
I wanted to go to Ireland
with my uncle, Bertrand,
885
00:51:13,320 --> 00:51:15,614
to explain what was happening
886
00:51:16,156 --> 00:51:19,034
to the local community.
887
00:51:21,286 --> 00:51:23,163
And why it was important for them
888
00:51:23,830 --> 00:51:25,332
that I was fighting
889
00:51:26,374 --> 00:51:28,126
for justice for my mother,
890
00:51:29,211 --> 00:51:32,547
to clear their land's name.
891
00:51:33,507 --> 00:51:35,842
This is a speech
that I read out in the church.
892
00:51:37,427 --> 00:51:39,763
"Dear friends, dear families,
893
00:51:40,388 --> 00:51:42,140
dear Irish people,
894
00:51:42,891 --> 00:51:44,184
in a few days' time,
895
00:51:44,267 --> 00:51:47,562
the trial of the man
accused of killing my mother
896
00:51:47,646 --> 00:51:48,939
will begin at last."
897
00:51:52,192 --> 00:51:54,694
"This is a trial of a crime
898
00:51:54,778 --> 00:51:56,113
that does not fit
899
00:51:57,030 --> 00:51:59,407
with what Ireland is like."
900
00:52:01,993 --> 00:52:03,662
"This is a trial of a crime
901
00:52:03,745 --> 00:52:06,915
that you and I didn't deserve."
902
00:52:14,506 --> 00:52:18,426
I have fought like a dog for years.
903
00:52:20,512 --> 00:52:22,973
I've suffered for years.
904
00:52:23,765 --> 00:52:28,228
My conviction for the past 15 years
905
00:52:28,311 --> 00:52:31,231
is that everything points to Bailey.
906
00:52:31,857 --> 00:52:36,027
Everything, everything,
everything shows that it's Bailey.
907
00:52:36,862 --> 00:52:38,071
There's no question.
908
00:52:39,156 --> 00:52:41,196
Pierre-Louis Baudey-Vignaud
909
00:52:41,241 --> 00:52:42,951
arriving at the criminal court of Paris
910
00:52:43,034 --> 00:52:45,287
where the man
accused of murdering his mother
911
00:52:45,370 --> 00:52:47,330
has gone on trial in absentia.
912
00:52:47,914 --> 00:52:49,249
There's no jury.
913
00:52:49,332 --> 00:52:52,419
The case will instead
be decided by three magistrates.
914
00:52:53,420 --> 00:52:54,921
I think it's bizarre.
915
00:52:55,005 --> 00:52:57,966
I mean, I interviewed Frank Buttimer
prior to that,
916
00:52:58,049 --> 00:53:00,886
and I said,
"Are you going to send anybody over?"
917
00:53:00,969 --> 00:53:03,430
He said, "Why should I?
He's going to be found guilty."
918
00:53:03,513 --> 00:53:06,433
The lawyer
who has represented Ian Bailey
919
00:53:06,516 --> 00:53:10,145
for most of the past 23 years
since the murder
920
00:53:10,228 --> 00:53:13,440
has dismissed the proceedings as invalid.
921
00:53:13,523 --> 00:53:15,233
No, he doesn't... he doesn't recognise
922
00:53:15,317 --> 00:53:18,069
that the proceedings are,
in fact, valid or just.
923
00:53:18,153 --> 00:53:20,906
He will not be attending.
He will not be represented.
924
00:53:22,532 --> 00:53:24,659
I won't let it go.
925
00:53:28,121 --> 00:53:29,539
I won't leave him alone.
926
00:53:31,958 --> 00:53:35,503
More than 30 witnesses
have been called to give evidence.
927
00:53:35,587 --> 00:53:40,383
I went to the trial,
and I was questioned as a witness.
928
00:53:40,884 --> 00:53:45,013
It was very difficult to go through,
very intimidating.
929
00:53:46,056 --> 00:53:49,768
I had to say that Sophie had spoken to me
about this man.
930
00:53:50,268 --> 00:53:51,853
That's what was important.
931
00:53:53,355 --> 00:53:57,692
It was all very intimidating,
but, um, it was the right thing to do.
932
00:53:58,818 --> 00:54:00,779
I can only do my little bit,
933
00:54:00,862 --> 00:54:03,114
and hopefully
if all those bits come together,
934
00:54:03,198 --> 00:54:05,325
then it will make a difference.
935
00:54:06,701 --> 00:54:09,246
My deposition was an important factor.
936
00:54:11,081 --> 00:54:13,333
Which, you know, made me,
937
00:54:13,416 --> 00:54:14,584
uh,
938
00:54:14,668 --> 00:54:16,962
made me feel
that I was doing the right thing,
939
00:54:17,045 --> 00:54:20,048
talking about it, finally,
being open about it.
940
00:54:21,258 --> 00:54:23,468
I think
that my witness statement
941
00:54:23,551 --> 00:54:29,182
and all the other witness statements
were useful for the outcome of the trial.
942
00:54:30,725 --> 00:54:33,120
It was quite nerve-wracking,
but I wanted to say
943
00:54:33,144 --> 00:54:35,438
what I've been holding
for the last 23 years.
944
00:54:35,522 --> 00:54:37,607
I want closure. This is all I want.
945
00:54:37,691 --> 00:54:39,901
That's all everybody wants
at the end of the day.
946
00:54:40,443 --> 00:54:44,948
They did consider that
Marie Farrell's testimony was legitimate,
947
00:54:45,031 --> 00:54:47,158
even though she had retracted it.
948
00:54:47,242 --> 00:54:51,079
I think the assumption in France
was that the initial testimony
949
00:54:51,162 --> 00:54:53,540
was probably the true testimony.
950
00:54:56,167 --> 00:54:57,767
For the first time,
951
00:54:57,836 --> 00:55:00,755
it was people on the outside
of the subject who were judging.
952
00:55:00,839 --> 00:55:03,508
Everything we imagined,
all of our hypotheses
953
00:55:04,175 --> 00:55:07,929
laid out by the judges,
who are objective and professional.
954
00:55:08,638 --> 00:55:11,683
The last day, the verdict, of course,
was the most dramatic moment.
955
00:55:18,857 --> 00:55:22,068
After 22 years of waiting,
956
00:55:23,153 --> 00:55:25,155
22 years of suffering,
957
00:55:25,780 --> 00:55:27,490
22 years of questions,
958
00:55:28,616 --> 00:55:31,036
the judges convicted Ian Bailey,
959
00:55:31,578 --> 00:55:34,247
who killed my mother over 22 years ago,
960
00:55:34,956 --> 00:55:36,291
to 25 years in prison.
961
00:55:36,374 --> 00:55:38,960
Mr. Bailey was guilty.
962
00:55:44,841 --> 00:55:47,802
It's clear. Uh... He killed her.
963
00:55:50,597 --> 00:55:51,681
The judge said it.
964
00:55:56,603 --> 00:55:58,723
Father Georges left the court
965
00:55:58,772 --> 00:56:02,108
a short time after
Ian Bailey was convicted in absentia
966
00:56:02,192 --> 00:56:06,237
and sentenced to 25 years in prison
for his daughter's murder.
967
00:56:18,875 --> 00:56:22,045
It was a very emotional moment,
certainly for the family.
968
00:56:22,837 --> 00:56:25,382
It's a verdict.
It's the first verdict,
969
00:56:26,591 --> 00:56:31,679
and I don't see
how Ireland could refuse to extradite him.
970
00:56:31,763 --> 00:56:34,474
Now justice must be done.
971
00:56:52,325 --> 00:56:55,537
This is the European arrest warrant,
and it's alleging that I am...
972
00:56:56,579 --> 00:56:57,579
guilty of...
973
00:56:58,790 --> 00:57:02,043
wilful homicide
and serious assault and battery...
974
00:57:02,877 --> 00:57:05,088
of Madame Toscan du Plantier.
975
00:57:05,755 --> 00:57:09,426
Well, I now find myself in a situation
where I've been charged with murder
976
00:57:09,926 --> 00:57:12,554
without having ever been
interviewed by the French.
977
00:57:12,637 --> 00:57:15,640
This isn't the end of the matter.
I will be pursuing this.
978
00:57:17,934 --> 00:57:19,394
Even if they do extradite me
979
00:57:19,477 --> 00:57:22,730
and I finish up
rotting in some French prison,
980
00:57:22,814 --> 00:57:26,317
all they will have achieved
is convicting an innocent man
981
00:57:26,401 --> 00:57:28,278
of a crime he had nothing to do with.
982
00:57:30,613 --> 00:57:33,408
News that has broken
just a couple of hours ago
983
00:57:33,491 --> 00:57:35,201
and that is that the High Court ruled
984
00:57:35,285 --> 00:57:37,704
that Ian Bailey
cannot be extradited to France
985
00:57:37,787 --> 00:57:40,081
to serve a 25-year prison sentence.
986
00:57:41,249 --> 00:57:42,917
What happens next?
987
00:57:44,210 --> 00:57:45,420
I don't know.
988
00:57:45,503 --> 00:57:46,671
I don't know.
989
00:57:47,172 --> 00:57:49,841
If Bailey continues
to slip through the net,
990
00:57:50,592 --> 00:57:54,512
I assure you I will make sure
the net comes down on Bailey.
991
00:57:59,893 --> 00:58:02,573
He was convicted
in France. Now I don't understand
992
00:58:02,645 --> 00:58:05,190
why this man is walking around in Ireland.
993
00:58:05,815 --> 00:58:08,651
Can you explain to me
why this man is free?
994
00:58:09,527 --> 00:58:13,281
I'm writing a poem which
I'm trying to get committed to memory.
995
00:58:14,491 --> 00:58:15,700
Um...
996
00:58:15,783 --> 00:58:18,870
If I write it down repeatedly
and I recite it, it...
997
00:58:19,579 --> 00:58:21,331
It... Eventually, it sticks.
998
00:58:22,874 --> 00:58:23,874
He's aging.
999
00:58:24,542 --> 00:58:25,627
He's slowing down.
1000
00:58:26,211 --> 00:58:27,879
He's got a lot on his mind.
1001
00:58:27,962 --> 00:58:31,883
He's carried this with him
for the past 20-odd years.
1002
00:58:32,842 --> 00:58:34,219
And he's carried it
1003
00:58:34,302 --> 00:58:36,638
whether he's innocent
or whether he's guilty.
1004
00:58:38,306 --> 00:58:39,807
If he is innocent,
1005
00:58:39,891 --> 00:58:44,979
he's been basically persecuted
for the past 23 years.
1006
00:58:46,898 --> 00:58:50,610
His life, it can't be normal.
He knows people are avoiding him.
1007
00:58:50,693 --> 00:58:53,279
He knows
that people aren't talking to him.
1008
00:58:53,363 --> 00:58:54,489
It's not right.
1009
00:58:54,572 --> 00:58:57,283
I think
he's been convicted on his personality.
1010
00:59:00,495 --> 00:59:04,374
Maybe in other parts of Ireland,
neighbours would have harrowed him,
1011
00:59:04,457 --> 00:59:06,125
and he would have had to leave,
1012
00:59:06,209 --> 00:59:08,294
but the fact
that he's still there, I think,
1013
00:59:08,378 --> 00:59:13,174
indicates how, uh, tolerant
his neighbours were even after the murder.
1014
00:59:14,008 --> 00:59:16,844
But it's tremendous trauma
for the community.
1015
00:59:19,597 --> 00:59:21,766
Well, I very rarely go to a market
1016
00:59:22,267 --> 00:59:23,601
for obvious reasons.
1017
00:59:23,685 --> 00:59:25,853
And this is 20 years later.
1018
00:59:27,522 --> 00:59:29,691
I'm good.
I'm just writing a new poem.
1019
00:59:30,441 --> 00:59:32,193
For me, it doesn't sit well
1020
00:59:32,277 --> 00:59:34,112
that this person...
1021
00:59:34,195 --> 00:59:35,655
...can cause so much pain
1022
00:59:35,738 --> 00:59:37,824
and just...
1023
00:59:39,492 --> 00:59:41,369
carries on skipping on by.
1024
00:59:43,413 --> 00:59:46,666
So I wrote this last week,
and this is the second draft.
1025
00:59:47,625 --> 00:59:49,502
I thought I had a handle on it
1026
00:59:50,003 --> 00:59:51,379
I thought I'd seen it all
1027
00:59:51,462 --> 00:59:53,464
But something very strange has happened
1028
00:59:53,548 --> 00:59:55,717
And the handle's fallen off the door...
1029
00:59:55,800 --> 00:59:58,720
I've seen Bailey at least twice.
1030
00:59:59,721 --> 01:00:01,431
He recognised me one time.
1031
01:00:03,099 --> 01:00:05,643
He's convinced himself of his story,
1032
01:00:06,603 --> 01:00:07,895
but...
1033
01:00:08,563 --> 01:00:11,941
I have no empathy. None.
1034
01:00:14,402 --> 01:00:18,948
Just the feeling of having seen a void.
1035
01:00:20,241 --> 01:00:21,242
Nothingness.
1036
01:00:23,077 --> 01:00:25,705
It's never got out of my mind
1037
01:00:25,788 --> 01:00:28,291
because there's something
every day in the paper.
1038
01:00:28,374 --> 01:00:31,419
There's courts coming up.
There's appeals coming up.
1039
01:00:31,502 --> 01:00:33,212
It becomes part of your life.
1040
01:00:34,756 --> 01:00:37,508
But I do feel sorry
for her father and mother.
1041
01:00:38,009 --> 01:00:40,136
How did they live since it happened?
1042
01:00:40,803 --> 01:00:42,513
She was their pride and joy.
1043
01:00:43,556 --> 01:00:45,516
Everything that they were living for.
1044
01:00:46,017 --> 01:00:49,270
What bothers me is
that he hasn't confessed.
1045
01:00:51,064 --> 01:00:54,859
You would feel that justice had been done
if he confessed though?
1046
01:00:54,942 --> 01:00:55,942
Right.
1047
01:00:56,944 --> 01:00:58,946
Marguerite is convinced it's him.
1048
01:01:00,823 --> 01:01:02,825
But would it bring peace?
1049
01:01:03,618 --> 01:01:06,621
You don't get justice
when it's the death of your daughter.
1050
01:01:06,704 --> 01:01:08,331
No.
1051
01:01:12,752 --> 01:01:15,189
The house in Ireland,
for me, is the only place
1052
01:01:15,213 --> 01:01:18,549
I would go with my mother
and where I still go today.
1053
01:01:26,516 --> 01:01:27,975
It's like going to see her.
1054
01:01:32,271 --> 01:01:36,317
It's like going
to stay with her every time.
1055
01:01:44,075 --> 01:01:47,453
My mother is very present in this house.
1056
01:01:49,080 --> 01:01:51,040
Look how white the hail is.
1057
01:01:53,167 --> 01:01:54,567
She is very present.
88906
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