Bailey gets garda probe in appeal of extradition

IAN BAILEY is entitled to rely on recently disclosed material critical of the Garda investigation into the murder of French film-maker Sophie Toscan Du Plantier in his appeal against his extradition to France in connection with her murder.

The High Court ordered Mr Bailey’s extradition last March, but he went to the Supreme Court which adjourned the case to allow his lawyers consider the new material disclosed last November.

Mr Bailey’s side argued that material disclosed a “breath-taking” level of wrongdoing by state officials and, had it been available to them for the High Court hearing, they would have been able to make “a much stronger case” concerning allegations of Garda misbehaviour in the murder investigation.

In those circumstances, they sought orders admitting the evidence and a fresh High Court hearing.

Yesterday, the five-judge Supreme Court ruled the new material was admissible as evidence in his appeal to the Supreme Court. The appeal will now proceed as scheduled on Monday.

The material includes a 2001 review critical of the conduct of the murder investigation and outlining the reasons why former DPP Eamonn Barnes decided Mr Bailey should not be prosecuted.

Mr Barnes contacted the DPP’s office last October to alert officials to the existence of the review, after which Attorney General Máire Whelan advised the DPP the material should be disclosed to Mr Bailey’s lawyers.

The 44-page review, entitled Analysis of the Evidence to Link Ian Bailey to Sophie Toscan du Plantier’s Murder, was sent to senior gardaí in 2001.

Yesterday, the Supreme Court rejected arguments on behalf of the state that the material was not admissible. Several of the judges noted the chief prosecution solicitor informed Mr Bailey’s lawyers in a letter last November the attorney general had advised the material was “very significant” and should be disclosed to them.

The Minister for Justice had also stated in a letter it was in the “interests of justice” the material be disclosed, the court heard.

In those circumstances, several of the judges remarked they could not see how the State was contending the material should not be admitted.

Mr Bailey is wanted for questioning by an investigating judge in France in connection with the death of Ms Toscan du Plantier. The body of the 39-year-old film maker was discovered near her holiday home in Schull, Co Cork on December 23, 1996.

Mr Bailey has always denied any involvement in the murder.