Court to rule on Bailey extradition in January

A High Court judge has reserved judgement on whether to extradite Ian Bailey to France, where he is wanted in connection with the killing of a French film-maker here 14 years ago.

Gardaí arrested the Cork-based Briton in 1997 on suspicion of murdering Sophie Toscan du Plantier, whose body was discovered near her holiday home in Schull in West Cork on December 23, 1996.

Mr Bailey of The Pararie, Schull has always denied any involvement in the killing of the 39-year-old and the Director of Public Prosecutions decided not to charge him. France now wants to prosecute the 53-year-old journalist-turned law student. The case is said to be unprecedented in Europe.

Mr Justice Michael Peart today asked both sides about double jeopardy legislation regarding European arrest warrants.

He noted that a person cannot be surrendered to another country where this state has given a final judgement in the case.

“We would consider final judgement to be a conviction or an acquittal,” he said. “But the European Court of Justice says it can also be a decision not to prosecute.”

He pointed to a letter from the DPP handed to the court on Thursday, which said that a decision had been taken not to prosecute Mr Bailey.

Patrick McGrath BL, prosecuting, said this was not a decision for all time and the DPP could re-open the case at any time.

“The DPP never, as far as I understand it, says you’ll never be prosecuted,” he said.

Ronan Munro BL, defending, said the DPP’s letter went out of its way to say the case had been exhaustively reviewed and that there was no suggestion of new evidence.

He added that if an English citizen killed an Irish citizen in France, it wouldn’t be possible for Ireland to prosecute.

“Not only is this situation rare, it’s unprecedented and will probably never happen again,” he said.

He argued that this was not what the European Arrest Warrant was designed for.

“It’s to make sure people don’t avoid justice by going to another country. The opposite has happened here. He has cooperated all along,” he said. “If the French have new evidence they should pass it on to the Irish authorities.”

“Mr Bailey isn’t going anywhere,” he said, suggesting that if a trial were to take place, it should happen here. “In fact, he’d welcome it, an opportunity to clear his name.”

Finally he argued that the court had no jurisdiction to extradite his client.

“The court’s hands are tied,” he concluded. “It must refuse.”

Mr Justice Peart has now reserved his judgement until January 21.

He remanded Mr Bailey on continuing bail and excused him from his weekly signing on dates on both Christmas Day and New Year’s Day.