Decision on Ian Bailey extradition due on March 18
Mr Bailey, aged 53, The Prairie, Schull, Co Cork, was in the High Court when Mr Justice Michael Peart heard final legal submissions on the extradition proceedings.
Mr Bailey 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.
No charges were ever preferred against Mr Bailey, but the French authorities are seeking his extradition.
Yesterday, Mr Justice Peart heard submissions related to a recent judgment of the Supreme Court ordering the extradition of a Swedish man, Thomas Olsson, arrested here in 2008 under a 2006 European Arrest Warrant (EAW) in relation to four offences of organised or armed robbery and arson in Sweden.
Mr Olsson’s appeal against extradition centred on two issues — the nature of the legal assistance available to him; and his claim 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.
The Supreme Court dismissed his argument that legal assistance under the Attorney General’s scheme falls short of that required for a person whose return is sought under a EAW.
On the second argument, that no “decision” was made by the Swedish authorities to prosecute Mr Olsson, the Supreme Court said there was a clear intention by the Swedish authorities to bring proceedings against Mr Olsson.
Yesterday, Ronan Munro, for Mr Bailey, said a decision to charge and try his client was required under the EAW Act 2003 but there was no such decision here.
There could be no surrender of a person for the purposes of investigation and it was not permissible to send Mr Bailey to France “just to ask him some questions”.
The Olsson case was “clearly distinguishable” as there was sworn evidence to contradict claims there was no “decision” to try Mr Olsson but no such evidence here, counsel said.
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