Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Cold Case Review of Sophie Tuscan du Plantier murder to proceed. **Threadbans in OP**

Options
1199200202204205250

Comments

  • Registered Users Posts: 4,651 ✭✭✭Day Lewin


    He was too handsome for his own good, and that's a fact.

    And even if he DID have a cut at the hairline, what then? Was it inflicted by a murder victim in the throes of a death struggle? (a human one, not a turkey)

    If it had been, the DNA would have been on hands of the victim; or if by a weapon - what weapon?

    (And where is the hatchet that used to hang by the back door of Sophie's house, now missing?) - I've always been puzzled by this - and it gets no traction, barely a mention.



  • Registered Users Posts: 1,463 ✭✭✭Caquas


    I posted on this thread over the years but I stopped when I realised that her murderer will never be identified (unless they confess). The investigation was so disastrously mishandled from the beginning that there is no forensic evidence and the only relevant witness the Gardai presented was a perjurer of the worst sort.

    However, you have raised a question in my mind because, based on your long experience and your reading of the investigative files, you are saying Sophie could have been murdered much later than the Gardai assumed i.e. in the morning, after she had breakfast. You speculate as to whether Sophie was actually dead when she was discovered by Shirley Foster around 10am. And whether she might even have still been alive when the Gardai arrived about 10.40 or when the local GP arrived about 11 am.

    Does that mean - and I hesitate to ask what must seem like an provocative question - that no one ever checked her body for signs of rigor mortis?

    This is an elementary step in any murder investigation for the last 200 years and it requires only an ordinary thermometer. Obviously, it was much too late when Dr. Harbison arrived the following day.

    Please tell me that this omnishambles investigation did not sink to this level!



  • Registered Users Posts: 150 ✭✭jesuisjuste


    I believe Sophie had a relatively friendly relationship with Yvonne and passed by and chatted to her numerous times, perhaps even been into the house when Tomi was travelling etc. She periodically had saluted Tomi, perhaps said hello in passing, however she had only just recently actually sat down with him and had an extended conversation. They lived at a location she liked to walk at three castle head.



  • Registered Users Posts: 150 ✭✭jesuisjuste


    To be fair @tobefrank321 I think the concerns that people have is that you can make a statement that you are open-minded, and even believe that you are, but it doesn't come across as open-minded when you respond to some people, and so they don't believe that you truly are open-minded. In addition when people give you an opportunity to demonstrate open-mindedness by conceding a point, you sometimes don't acknowledge it or move on to another point altogether, or concede it in the most minor way, like "anything is possible".

    Having said this you don't have to prove yourself to anyone, and are entitled to have your own opinions.



  • Registered Users Posts: 150 ✭✭jesuisjuste


    We don't need to reproduce the injuries, there is already evidence of briar cuts at the scene on the victim. If the cuts on Bailey's hands do not match the briar cuts of the victim, then they must have happened another way.

    I would say most people, who are working out doors, doing handyman work etc. would have some cuts and bruises the majority of the time. They wouldn't even pass notice to them unless specifically asked. The way they got them is could be any number of things. He probably even had more cuts that couldn't be seen.

    Bailey can legitimately answer a number of activities he had carried out over the previous days, there were probably many more tasks he could have mentioned too by the way. Does referencing these activities in combination with the fact his scratches did not look like those of the victim prove he is innocent, no, is it plausible, yes. Is it reasonable doubt, yes, imo. Do you agree?



  • Advertisement
  • Registered Users Posts: 280 ✭✭bjsc


    Unfortunately that is exactly what appears to have happened.



  • Registered Users Posts: 150 ✭✭jesuisjuste


    Agreed, this puts even more scepticism to the scratches being meaningful. Someone could legitimately say why is there no one else's DNA on the briars either. I would propose that nobody, except the victim got scratched by the briars. When we put this together what does this imply. I would propose the following:

    The fact is the body was found right beside the briars with her clothes caught up in them. This means that the briar scratching of the victim happened at the very end of an ongoing confrontation after coming down from the house, when Sophie was at her weakest point just before death. There would be no need for the perpetrator to reach in there to help her out, and likely they waited and watched her struggle to break free tearing herself up in the process. Maybe as they did this they had the time to grab a block, ready to finish her off. It is reasonable to expect that the perpetrator was able to avoid getting scratched altogether imo, and this is backed up by the lack of forensic evidence.



  • Registered Users Posts: 8,208 ✭✭✭saabsaab


    It was reported that Dr L O'Connor arrived from Schull at 11.00 am and pronounced death. He made detailed notes and also noted that rigor mortis had set in.

    I believe that cold slows down the onset of Rigor Mortis considerably so indicating many hours earlier? perhaps Bjsc can elaborate?



  • Registered Users Posts: 30,122 ✭✭✭✭odyssey06


    Where is that reported?

    This was discussed earlier on the thread, and that claim was queried before too.


    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Advertisement
  • Registered Users Posts: 4,511 ✭✭✭tobefrank321


    There's no mention of the cut to the head in the DPP's report. There's no mention of Jules Thomas's account of the cut or her retracting it. Bailey has admitted he received the cut to the head from the turkey. Thomas said in recent years he said he got the cut from a stick or a turkey.

    Yet there is no mention whatsoever in the DPP report about this cut to the head or scalp.

    Also rereading the DPP report again, Yvonne Ungerer is another who reported Bailey told her he met Sophie.

    Yvonne Ungerer at p.3 of her statement no. 46B says that "in another conversation I had with Bailey he said he knew Sophie the deceased, that he had met her when he was up at Alfie's one day. I don't know for sure if he saw her one day at Alfie's or met her another day or whether he met her the day he first saw her while he was working at Alfie Lyons'."



  • Registered Users Posts: 30,122 ✭✭✭✭odyssey06


    Well the DPP report does cover Jules withdrawing the statement as a whole.

    The DPP assess what the Guards presented. So it may not have even been included in what the Guards presented.

    So possibly even the Guards didn't think it of evidential value, and that is saying something given the poor quality evidence they tried to present.

    The DPP also says that: Bailey has steadfastly maintained that he did not know Sophie Toscan du Plantier on a personal basis.

    It is arguable whether a very brief introduction while gardening meets the definition of knowing someone, if that introduction even happened.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users Posts: 150 ✭✭jesuisjuste


    I wouldn't say this is gaslighting as such.

    Scepticism is necessary and should be carried out in good faith and the person having that scepticism should be willing to change their mind about that specific concern when presented with evidence that runs counter to their opinion.

    This doesn't mean anyone has to change their mind on any specific point, but if there is a track-record of never changing their mind on anything, then it is reasonable to propose that they are not arguing in good faith, or not willing to change their mind, and therefore there not truly being sceptical, just contrarian. Not saying that is the case on this occasion.



  • Registered Users Posts: 30,122 ✭✭✭✭odyssey06


    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users Posts: 150 ✭✭jesuisjuste


    Within the DPP report the guards would have presented what they felt was the best available evidence to convict Bailey, they also would have excluded evidence that they felt would not help convict Bailey, this is not unusual. There would be loads of evidence that is inconsequential to the investigation of Bailey. Was there any evidence that they felt would have undermined their case too? It is reasonable to assume so.

    Interestingly some of the evidence they included they thought would help make their case, actually helped undermine their case. Stellar work right there.



  • Registered Users Posts: 280 ✭✭bjsc


    It may be in Michael Sheridan's book but unfortunately Dr O'Connor makes no mention of either body temperature or rigour. Indeed his report reads as though he only observed her from a distance.



  • Registered Users Posts: 280 ✭✭bjsc


    Furthermore some on this forum seem to think that it was more important to preserve the scene thn to check on the poor woman.



  • Registered Users Posts: 4,511 ✭✭✭tobefrank321



    Unfortunately the DPP report is full of holes, logical fallacies and mistakes. For example on page 1.

    At page 23 of Dr. Geraldine O'Donnell's statement, she refers to light bloodstaining of human origin being found on the outside surface of Sophie's back door. (E.G.9) She was provided with an insufficient sample to identify the blood grouping. Jules Thomas has stated that on 23 December 1996 (within hours of the murder) Alfie Lyons told Bailey about the bloodstain on the back door of Sophie’s house yet on 10 February 1997 while in custody Bailey willingly gave a sample of blood for analysis. At law he was under no obligation to do so.

    My understanding is the bloodstain on the back door was Sophie's, otherwise we have another source of the murderer's dna. So Bailey providing a blood sample to match against this would prove little. Likewise providing hair samples to match against the hair in Sophies hands would have proved little.

    In other words already on page 1, the DPP is working off flawed logic. And that's only on page 1!

    On page 2, Bailey is quoted as saying he doesn't recall being up in the direction of Sophie/Alfies in the last 12 months. Yet we know Bailey was at the bbq to celebrate Shirley's retirement in the Summer of '96, not more than 5 or 6 months before the murder.

    On page 3, Yvonne Ungerer reports a conversation with Bailey in which he said he met Sophie up at Alfie's one day. Yet the DPP completely ignores this statement and makes no mention of it when summing up if they knew each other or not.

    And that's only the first 3 pages.



  • Registered Users Posts: 150 ✭✭jesuisjuste


    The Gardai is not a single minded entity, this is evidenced by the exceptionally critical response of the DPP to what are effectively colleagues in a different section of the same workplace, the Irish justice system. Many may have had differences of opinion, many may still have those opinions to this day, many may have their own viewpoints on the evidence, just like we have here. There probably is a bunch of other evidence that points one way or another. I believe there is probably enough to revisit in a cold-case review that could bring this information and these opinions to light and truly get justice for Sophie.

    Unfortunately the normally very high bar for prosecution, which they were miles away from, is actually now pushed even higher in this case, probably close to impossible to reach, as we have now clear evidence of the court of public opinion having no issue with completely devastating many people's lives, whether they did it or not. If even a sniff of evidence pointed elsewhere then, the person who it pointed to's life could be completely f*cked to put it lightly. Everyone down there would feel a collective responsibility not to say anything about anyone, unless they were 100% sure. It is also why bjsc is not willing to put names out there, and to be honest, nobody on here should be either imo. It's a horrible situation.

    This is just one of the many logical reasons whereby the guards and other people in the location would not want to release information to the public, are not following up on other leads, and are ok with the questions remaining unanswered. It is why there is complete silence from some individuals associated with the case, and it is also why people are pretty much only willing to discuss evidence against Bailey.



  • Registered Users Posts: 30,122 ✭✭✭✭odyssey06


    How did Bailey know that when he gave the evidence whose bloodstain it was?

    If the Garda submission didnt mention the bbq then how do you expect the DPP report to?

    You are committing the fallacy of not reading the report from its time but with hindsight.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Advertisement
  • Registered Users Posts: 4,511 ✭✭✭tobefrank321


    If you are referring to me, again none of us were there on the day, including yourself. If you think some of us are monsters who wouldn't check to see she was still alive, that's blatently false. It would have appeared to those who were actually there, there was no chance she was alive.

    Have you seen the photos of her head by any chance? Do you think there was the remotest possibility she was still alive when the first garda arrived?

    And what effect do you think driving an ambulance over the scene would have?

    I'm all for justice for Sophie. The boot print beside her body is one of the few clues we have to go on, and was thankfully preserved.

    As I said the other day, time of death without hard clues is utterly meaningless. This is basic logic.



  • Moderators, Politics Moderators Posts: 39,749 Mod ✭✭✭✭Seth Brundle


    Do you think there was the remotest possibility she was still alive when the first garda arrived?

    The rule book says that you check regardless simply because you never know. As it stands, we now can't say for sure if she was dead or alive when the gardai arrived.



  • Registered Users Posts: 280 ✭✭bjsc


    Just on your first point. The blood on the door was not identified until years later when DNA analysis had improved. Therefore, in 1996/7, there was no way of knowing that it wasn't the suspects' blood and it was believed that said suspect must have been injured. Geraldine O'Donnell's report, which states that the sample was insufficient for grouping, was not written until long after Bailey had given a blood sample. Indeed she didn't receive Bailey's blood sample until 19th February.



  • Registered Users Posts: 4,511 ✭✭✭tobefrank321


    And again, Bailey or murderer would have known that providing a blood sample would not only prove nothing, but it would clear them. So looking at this section of the DPP report with hindsight, it can now be disregarded and cannot be used as evidence of Bailey's innocence.

    No evidence has ever been found that the murderer shed blood at the scene, or if they did shed blood, such as for example being struck by a hatchet, the implement was removed. Only the murderer could know this at the time.



  • Registered Users Posts: 3,716 ✭✭✭chooseusername


    Maybe there was confusion with Harbison's report, he mentions rigor mortis;

    Examination of the body

    "I assisted Det. Garda Gilligan to place plastic bags on the extremities. I placed a plastic bag on the head which was difficult because of the quantity of tangled hair. In so doing I noted that the rigor mortis was still firmly present in the neck. It was relatively easily broken down in the left elbow but not in the right elbow. In my presence Det. Garda Gilligan then detached the white pants from the barbed wire. The body was then transferred to the adjacent plastic sheeting and wrapped in my presence. I was able to look at the ground when the body had been moved to note that there was a slight depression with blood on it where the head had lain. This indicated to me that the body bad been in that position when the blows were struck. Beside the cavity block nearer the gate was a navy blue garment, which I subsequently learned was a dressing gown. It is of note that the cavity block rested upon this garment. In the course of my examination I was joined by Chief Supt.Paul Smith and Supt. J.P. Twomey.

    The body was wrapped in my presence and then removed to the Regional Hospital post-mortem room at Cork."

    the full report here;




  • Registered Users Posts: 4,511 ✭✭✭tobefrank321


    Sorry what rulebook is this now?

    Were you on the scene that day? If you were a garda with a strong belief she was dead, would you then walk all over the crime scene, potentially contaminating it, and making a conviction almost impossible? And be forever known as the garda who ruined the crime scene. Just look at the furore on here about moving Shirley's car.

    This is not akin to a car accident or suicide by the way or any accident. A murder scene is completely different and avoiding contamination is the number one priority. Otherwise you'd have people walking all over the scene.



  • Registered Users Posts: 280 ✭✭bjsc


    You are wrong - but I won't waste any more time arguing the point. And yes I have all the scene and post mortem photos and I absolutely stand by what I have said.



  • Registered Users Posts: 1,463 ✭✭✭Caquas


    Thanks. I'll let that sink in but two points occur immediately.

    I watched countless TV reports and documentaries over the years about this terrible murder and I listened to all of the excellent "West Cork" murder podcast but, correct me if I'm wrong, you are the first person to say this in public. Media silence on such an elementary question would make this as much of an issue about our media as about the Garda investigation itself.

    Secondly, the DPP's report stated

    Unfortunately, the forensic evidence is unable to pinpoint the time of Sophie Toscan du Plantier’s death. It is not, therefore, possible to say whether she was killed around the time that the dogs were acting strangely, or at a later time in the night or early morning.

    I read this to mean "in the early hours of the morning" i.e. before dawn. But your analysis goes further and suggests that the DPP could have more properly said

    It is not, therefore, possible to say whether she was attacked around the time that the dogs were acting strangely, or at a later time in the night or at some time in the morning before 10am.

    The DPP may have tempered his report by a wish to limit the humiliation his report would inflict on the Gardai, the local GP and the State Pathologist.



  • Registered Users Posts: 4,511 ✭✭✭tobefrank321


    You weren't on the scene that day. Its not the same thing. You are just surmising. Those actually on the scene formed the opinion she was dead.



  • Advertisement
  • Registered Users Posts: 30,122 ✭✭✭✭odyssey06


    How would the murderer know they left no DNA at the scene?

    Especially for scenario for Bailey of an attack im the dark and supposedly scratched at scene

    You are again reading the report with hindsight. Self discrediting.

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



Advertisement