Bailey hearing next week
Mr Justice Michael Peart will hear legal submissions next Tuesday before deciding whether to grant leave to appeal. The state is contending there is no basis for an appeal.
Under the European Arrest Warrant Act 2003, an appeal against an extradition order may only be brought if the High Court certifies the case raises points of law of such exceptional importance the public interest requires those points should be determined by the Supreme Court.
Mr Bailey was in court yesterday when his counsel Ronan Munroe said his client was contending the decision raised issues of public importance.
Counsel handed in three draft points of law identified from the court’s decision but asked, given what is at stake for his client, for more time to finalise those points.
Robert Barron SC, for the state, said his side disagreed the case raised exceptional points of law and would be opposing certification. His side would also be seeking costs, counsel indicated.
Mr Justice Peart said it was clear more time was required to draft the points of law and it was not clear in particular what the third point in the draft was.
The judge said he appreciated Mr Bailey’s side had only had a short time to consider his judgment and he would adjourn the matter to next Tuesday. He remanded Mr Bailey on continuing bail.
Unless overturned by the Supreme Court, the High Court decision leaves it to the French authorities to decide whether or not Mr Bailey is prosecuted in connection with the death of Ms du Plantier.
Mr Bailey, 53, The Prairie, Schull, Co Cork, has always denied any involvement in the murder of Ms Toscan du Plantier, 39, whose body was discovered near her holiday home in Schull on December 23, 1996. He was arrested by investigating gardaí and the DPP found no basis to charge him, but the French authorities subsequently sought his extradition.
In his decision last week, Mr Justice Peart found the warrant issued by the French authorities clearly stated its purpose was to “prosecute” Mr Bailey as required under the European Arrest Warrant Act (EAW) 2003, did not state the purpose was “investigation” and indicated the French view was that there was sufficient evidence to charge Mr Bailey.
The EAW 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.
