2 weeks to file Bailey papers

LAWYERS for the state have been given two more weeks to file their legal submissions in the appeal by Ian Bailey against an order for his extradition to France in connection with the killing of French filmmaker Sophie Toscan du Plantier.

At the Supreme Court yesterday, Garret Simons SC, for Mr Bailey, told the Chief Justice, Ms Justice Susan Denham, the state was to have filed its submissions last July. Counsel for the state said they required two more weeks. Ms Justice Denham allowed that and listed the matter for mention in three weeks, when a date for the hearing of the appeal may be sought.

Mr Bailey is wanted for questioning by a judge in France. Last March, the High Court ruled he should be extradited. Mr Justice Michael Peart granted the certificate for an appeal to the Supreme Court after certifying an issue arose from his judgment which was of such public importance the Supreme Court should determine it.

That issue is whether the surrender of a person is prohibited by Section 44 of the European Arrest Warrant Act 2003, where the offence for which surrender is sought is committed here and where the victim is a national of the state requesting extradition, which seeks to exercise an extra-territorial jurisdiction to prosecute the offence under its laws when the DPP has decided not to prosecute the person.

Mr Bailey, aged 53, of The Prairie, Schull, Co Cork, has denied any involvement in the murder of Ms Toscan du Plantier, aged 39, whose body was found in Schull, Co Cork, on December 23, 1996.