Bailey can be extradited, court rules
Mr Bailey, 53, has been given until next Tuesday to lodge his appeal against plans by High Court judge Michael Peart to formally grant an extradition order that day surrendering him to French police.
The former journalist, of The Prairie, Schull, Co Cork has always denied killing Ms Toscan du Plantier, a 39-year-old French film-maker whose battered body was found outside her holiday home at Toormore, Schull, on December 23 1996.
He was twice arrested and questioned by gardaí about the murder but when the Director of Public Prosecutions decided he should not be charged, Ms Toscan du Plantier’s family pressed the French authorities to launch their own investigation.
Her uncle, Jean Pierre Gazeau, said yesterday the family were somewhat surprised but very pleased with the High Court’s decision. “We had so many disappointments during the last 15 years so we learnt to be quite pragmatic and even pessimistic but today was a great event, a major step.”
Extraditions are uncommon in Ireland and Judge Peart acknowledged there were numerous “unusual” aspects to the Bailey case, in particular the fact that the alleged crime was committed in Ireland, not France.
But he dismissed Mr Bailey’s main arguments that he would not get a fair trial in France and that the European Arrest Warrant (EAW) issued by France against him was invalid because, he contended, the French authorities wanted him primarily to interview him and not to prosecute him as required under EAW legislation.
He adjourned making any order to allow lawyers for Mr Bailey consider an appeal to the Supreme Court and Mr Bailey was remanded on continuing bail to Tuesday next.
Judge Peart said it was true that French prosecution procedures “differ completely” from those under Irish law but he added: “This court must operate under the presumption that such procedures conform with at the least minimum standards of fairness under the European Convention on Human Rights.”
In his decision, the judge relied on a recent Supreme Court decision ordering the surrender of a Swedish man, Thomas Olsson, when dismissing arguments Mr Bailey’s extradition must be refused under Sections 10 and 21.A of the EAW Act.
These provisions state an EAW must be issued against a person against whom the requesting state “intends” to bring proceedings and the High Court must be satisfied a decision has been made to “charge and try” the person for the offence.
The EAW in this case stated its purpose was so Mr Bailey can be prosecuted, set out the evidence available to the French authorities and stated, during the Garda investigation here, “serious and convincing clues” were accumulated against Mr Bailey “of such a nature as to justify that he be charged”, the judge said.
The issuing of the warrant indicated, in the opinion of the French authorities, that there was “under French law” sufficient evidence to charge Mr Bailey.
He also ruled that the French authorities had complied with EAW regulations and concluded: “I am satisfied there is no reason why surrender must be refused.”
Mr Bailey, a British citizen but long-time resident of Co Cork, was accompanied in court by his partner Jules Thomas. He was impassive as the decision was announced and made no comment afterwards.
His solicitor Frank Buttimer said: “We will have to take our time to analyse the judgement and consider its implications and we also have to appear before the court on Tuesday so it would be inappropriate to comment further.”
The Supreme Court has the power to overrule the High Court, but even if it upholds the High Court ruling, Mr Bailey has the possibility of appealing further to the European Court of Human Rights.
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