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

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  • Registered Users Posts: 30,116 ✭✭✭✭odyssey06


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



  • Registered Users Posts: 148 ✭✭jesuisjuste


    Luckily, the last time I checked, nobody in this country has to prove their innocence in the eyes of the law, it is the standard the justice system set for us all. We are innocent until proven guilty.

    The scene was a mess, blood everywhere, over multiple locations, as well as hair, boot prints, fingermarks etc. There is no possible way for a perpetrator to know that there was no forensic evidence left, this is pretty much what catches out murder perpetrators in a huge amount of cases. Even if they didn't bleed, any number of things could have been picked up, saliva, hair, skin, sweat, fibres etc. Even if he didn't bleed (how would that be possible though if he had scratches), Bailey knew that hair was found, which at that time could have tied him to the scene.

    In fact there was DNA found at the scene that was not Bailey's. This may well have been picked up at the time, it's just unlucky that it was not, what would you have proposed the gardai do with it, ignore it?

    If that DNA had flagged at the time, it would have opened up a line of enquiry, that could have led to someone, if that person was capable of carrying out the murder, if they did not have an alibi or a reason for it to be there, then they almost certainly would have been convicted on that evidence alone. One piece of evidence. People have been convicted on less in fact. What do you think about that?



  • Registered Users Posts: 30,116 ✭✭✭✭odyssey06


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



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


    I was referring to the Met rulebook section previously quoted but maybe you can show us that AGS are different because gardai should assume a victim is dead and not bother checking for signs of life. Is that the case or does AGS recognise that humanity should prevail and then initial priority is to check to see if the victim is alive?



  • Registered Users Posts: 280 ✭✭bjsc


    You miss my point - she may well have been dead but someone, anyone should have checked.



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


    I said they would have known they left no blood at the scene. The section I cited makes no mention of dna.

    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.

    So you deliberately changed what I said.

    There is no conclusive evidence the murderer, be it Bailey or otherwise was scratched at the scene. You know this. We've been over it a hundred times now. This is something the murderer would have known they were safe on. Didn't leave any blood behind, safe to give a blood sample.



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


    Can you show me where AGS used the Met rulebook in 1996?

    I ask again, were you there, or just surmising like others?



  • Registered Users Posts: 280 ✭✭bjsc




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


    Can you show where AGS were instructed to not check for signs of life in a victim of a viscous and possibly fatal assault?



  • Registered Users Posts: 280 ✭✭bjsc


    It's not The Met handbook it's The College of Policing.



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


    Last week you were giving out about the gardai ruining the crime scene by driving a car over it. Today you're giving out they didn't walk all over the most important part of the crime scene to check on an obviously dead woman, thus potentially destroying vital clues such as a boot print. And if they drove an ambulance there, you'd no doubt be giving out about that too. Armchair general much?



  • Registered Users Posts: 148 ✭✭jesuisjuste


    I think both of your comments can be summed up by the point that @odyssey06 is frustrated that no protocol was followed in the investigation of the scene. Are you not in agreement with his points in that respect?



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


    He's only became an expert in protocol in the last few days from what I can see. He never mentioned this before.

    My frustration with him is he's critical of everything the gardai do. They are damned if they do, damned if they don't. If they don't check, they are damned. If they did check, he'd likely say they contaminated the scene with footprints. Its tiresome at this stage.



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


    Someone will have to dig out their training handbook from the era for that.

    At least you acknowledge they weren't using the college of policing handbook!



  • Registered Users Posts: 148 ✭✭jesuisjuste


    The protocol has just come to light for many of the people on here. The frustrations people have are borne out of things that haven't quite seemed right for decades. Fortunately that is why protocols exist and it turns out we can now, instead of just giving our opinions on what we feel are right, point to something that tells us what is right. We can identify why those frustrations are there and we should all be able to get behind the protocols as the standard to which we compare the activities of the police.

    This is the solution to your tiredness with the situation, do you agree we should do this moving forward?



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


    Wouldn't the cold conditions have slowed rigor mortis down considerably? If noted (in dispute I know) it would indicate an earlier death than morning?



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


    There was dna on the boot. This has never been stated to be blood. There is no conclusive evidence of the murderer being scraped or suffering any blood loss, and nothing has ever been found to indicate this.

    Regards DNA, nothing found either pointing to this. No evidence of the murderers dna or skin on briars for example. There is no evidence of a frenzied struggle either.

    So yes the murderer potentially got lucky or else was somewhat forensically aware.

    The boot print is the only possible clue from what I can see, which was thankfully preserved and photographed.



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


    It appears that many gardai involved in this case weren't using any kind of policing handbook!



  • Registered Users Posts: 148 ✭✭jesuisjuste


    I appreciate you taking the time to answer, and to be honest I do appreciate that you have a general scepticism on numerous aspects of the case. Scepticism should work both ways. I'll ask it the question again though, regarding the DNA:

    If the person could be identified and that person was capable of carrying out the murder, if they did not have an alibi or a reason for their DNA to be there, then they almost certainly would have been convicted on that evidence alone.

    Would you agree with that statement?



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


    And yet proper murder scene preservation is critical to all murder investigations. So I can 100% understand if a garda strongly believed someone is dead they would be nervous about contaminating the scene. And don't forget we've had the randy garda theory doing the rounds! You can be sure the garda themselves would be accused by the usual crowd given some of the wild theories that have done the rounds.



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


    You shouldn't need a handbook.

    It's basic human instinct to look out for your fellow being



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


    On the first count, Bailey changed his alibi. Do you agree that raises question marks?

    On the second, as I have said, there's potential for forensic awareness. That includes potentially wearing a cap or even balaclava (not provable of course). Not a single hair fibre was found pointing to a suspect from my reading of the case. There's no evidence of a frenzied struggle (a garda contention but one not supported by evidence).

    Without a frenzied struggle where the murderer was scraped by briars or Sophie, there's little actual DNA to go on, regardless of who the murderer was.

    Sweat? Not sure outdoors in December would be easy to find. I would say impossible.

    As an aside, the DPP clearly references the fact Bailey was a crime scene reporter in the UK and forensically aware.



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


    Again, unless you were there, you are just surmising she might have been alive. Realistically looking at the timeframes and the fact Shirley believed she was dead, and the first garda didn't arrive until about 40 minutes later, and the nature of her injuries, its fairly safe to say she was dead. The blood loss alone would indicate this.

    If there was a strong indication she was dead, would you walk up to her and start doing some checks? Given that you might disrupt evidence. Even something as simple as a hair sample can stick to a persons shoe and be carried off. And a footprint could be destroyed. Its a fair question.



  • Registered Users Posts: 158 ✭✭Mackinac


    Thanks that explains it, if Tomi spent a lot of time away then that must be why he “didn’t know her” until Sunday 22nd as he said in his statement. Assume he meant “met” as in “know”.

    I had no idea he was the Flat Stanley illustrator - every day is a school day!



  • Registered Users Posts: 148 ✭✭jesuisjuste


    Thanks for your response. If you take anything away from this response and respond in kind, I would appreciate if it prioritised by the question highlighted in bold below.

    I agree that raises question marks about Bailey, it's not a great look. Like almost all the evidence against him, he's his own worst enemy. Every time I hear him talk about the specifics of the case I bristle a little tbh. I imagine the Gardai felt the same way, and it could have influenced their decision-making. The recommendation of any lawyer worth his salt, and any policeman who is honest, is don't say anything at all to the police if you are accused of a crime, don't give anything away that you don't have to, whether guilty or innocent, are you aware of this? They will only use your statements against you, never to help you. Do you think that is reasonable justification, albeit risky, for holding it back?

    Regarding the DNA though, with respect you're creating a straw-man argument.

    DNA has been used to convict many people in countless crimes. It is about the most valuable evidence there is tbh aside from a video or photo of the person carrying out the crime. Whether it is blood or not is fairly meaningless in this context. The most important evidence when it comes to DNA is not if it was blood, it is that the person was in extremely close proximity to a murder victim and could have done it.

    That person imo shoots to the very top of the viable suspect list, right to the top in this case, above Bailey, unless or until they can verify that they have an iron-clad alibi, or a reason for it to be there. There are many legitimate innocent reasons for it to be there, but there is one extremely illegitimate reason it could be. You may not agree with me, and that is ok, but do you think that this person is at least a viable suspect?



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




  • Registered Users Posts: 148 ✭✭jesuisjuste


    I agree the murderer would have known that they did not bleed at the scene, and it is reasonable to criticise the DPP report in that respect. He's not the pope though, and is fallible, just like the guards, and everyone else, both parties made mistakes, but we're stuck with them, there is no one else going to come along to save the day.

    However, even though he doesn't mention it, his reasoning is correct when it comes to giving the sample as the perpetrator would have to have known he did not leave any DNA at the scene, as blood includes much more powerful DNA evidence. "Didn't leave any DNA behind, safe to give a blood sample", a far higher bar of knowledge imo.



  • Registered Users Posts: 2,398 ✭✭✭tinytobe


    All agreed, but the problem is or would be as follows:

    The gates could have been touched by anybody coming and going, and visiting.

    The cavity block was also available to be touched by anybody coming and going, it was in plain sight.

    Anybody could have scratched him or herself on the brambles or briars prior the night of the murder whilst coming and going.



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


    " the DPP clearly references the fact Bailey was a crime scene reporter in the UK and forensically aware."

    If he was so forensically aware Bailey would have realised that after such attack it was probable his DNA was left at the scene regardless of how careful he was. The idea that during such an attack the perpetrator is mindful of not leaving DNA evidence is unrealistic.



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  • Registered Users Posts: 148 ✭✭jesuisjuste


    That is such an unbelievable yet tragic story, and very relevant thanks for sharing. It is remarkable the will she had to survive that, it is amazing really.

    The thing people seem to get hung up on is what "justice for Sophie" actually means. It means understanding how and why she died, holding the person responsible who actually killed her, and in addition holding anybody else to account who helped pervert the course of justice to prevent it from happening.



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