Bailey team seeks return of appeal to High Court

LAWYERS for Ian Bailey are seeking to have his appeal against his extradition order returned to the High Court in light of new information received from the state.

The Chief Justice, Ms Justice Susan Denham, was told yesterday Mr Bailey’s lawyers were seeking the motion so that “some issues” could be re-heard in the High Court.

Lawyers for the state said they do not know what the arguments to be raised by Mr Bailey’s team are.

The matter is to be returned to the Supreme Court next Thursday when Ms Justice Denham will consider the motion filed and any response filed by the state. She said the court will then consider whether the motion will go ahead next Friday or be adjourned to a later date.

Mr Bailey, aged 53, is wanted for questioning by an investigating judge in France in connection with the murder of Sophie Toscan du Plantier. The body of the 39-year-old French film-maker was found near her holiday home in Schull, Co Cork, on December 23, 1996. Mr Bailey has always denied any involvement in the murder. He was arrested and the DPP found no basis to charge him.

His appeal against the extradition order had been scheduled to take place last month, but was adjourned because of “highly relevant” new material provided to Mr Bailey’s lawyers by the state. Last week, a date for the appeal was set for January 16 next year, but Mr Bailey’s team is now seeking to have the matter re-heard in the High Court.

Mr Bailey’s lawyers previously told the court they had received material from the state which was “highly relevant” to his bid to prevent his extradition. They said the material discloses a “breath-taking” level of wrongdoing by state officials.

Martin Giblin SC, for Mr Bailey said if it had been available for Mr Bailey’s unsuccessful High Court challenge to the warrant for his extradition, his team would have been able to make “a much stronger case” in that court concerning allegations of Garda misbehaviour in the murder investigation.