Bailey extradition decision deferred until later in year

A DECISION on whether to extradite journalist Ian Bailey to France in connection with the killing of French filmmaker Sophie Toscan du Plantier in Co Cork 14 years ago has been deferred by a High Court judge.

Mr Justice Michael Peart said yesterday, before giving his decision, he wants to hear submissions from lawyers for Mr Bailey and the DPP relating to a recent judgment of the Supreme Court ordering the extradition of a Swedish man, Thomas Olsson.

He adjourned the matter to February 10 when he will hear those submissions. Judgment will be given at some date after that.

Mr Bailey, 53, of The Prairie, Schull, Co Cork, has always denied any involvement in the killing of Ms Toscan du Plantier, 39, whose body was discovered near her holiday home in Schull on December 23, 1996.

Mr Bailey was arrested by gardaí investigating the killing but no charges were preferred against him.

However, the Frenchauthorities are now seeking to prosecute him.

Yesterday, Mr Justice Peart said he particularly wanted to hear submissions from lawyers about those aspects of the Supreme Court’s Olsson judgment related to extradition requests for the purpose of investigation.

He also asked counsel to address the findings of the Supreme Court in theOlsson case related to legal assistance under the Attorney General’s scheme for persons opposing extradition.

The Supreme Court judgment given earlier this month relates to Thomas Olsson, the first person to be extradited to Sweden under the European Arrest Warrant Act 2003.

Olsson was arrested here in July 2008 under a 2006 European Arrest Warrant (EAW) in relation to four offences of organised or armed robbery and arson in Sweden in October 2005.

His appeal against extradition centred on two issues — the nature of the legal assistance available to him and his claim that a “decision” to charge him with, and try him for, the offences as stated in the EAW was not made as required by the EAW Act 2003.