Bailey counsel contests French rights

COUNSEL for Ian Bailey in his appeal against his extradition to France for questioning in connection with the murder of Sophie Toscan Du Plantier have claimed the French legal system has no right to exercise authority over the case in Ireland.

Mr Bailey, 54, was in the Supreme Court yesterday with his partner Jules Thomas for the opening of his appeal, to run for three days. He has always denied any involvement in the murder of Ms Du Plantier, 39, whose body was discovered near her holiday home in Schull, Co Cork, on December 23, 1996.

The French authorities have sought his surrender for questioning by an investigating judge and he is appealing against an order for his extradition made last March by the High Court.

Last week, the Supreme Court ruled Mr Bailey was entitled to rely in his appeal on material disclosed to them last November by the DPP. The material includes a 2001 review by a solicitor in the DPP’s office which was critical of the conduct of the murder investigation and also outlined the reasons why former DPP Eamonn Barnes decided Mr Bailey should not be prosecuted.

The 44-page review was sent to senior gardaí in 2001 and expressed reservations about the reliability of witness statements which gardaí believed provided enough circumstantial evidence to charge Mr Bailey.

In response to Mr Justice John Murray yesterday, Robert Barron SC, for the Minister for Justice, said he understood the Department of Justice only became aware last October of the existence of that material.

Outlining Mr Bailey’s appeal, his lawyer Garret Simons SC argued section 44 of the European Arrest Warrant Act 2003 (enacted here to give effect to the European Framework Decision providing for extradition between member states) prohibited Mr Bailey’s surrender. This prohibition arose in circumstances including where the offence was committed outside the issuing state (France), it was seeking to exercise an extra-territorial jurisdiction to prosecute the offence under its own laws and where the DPP here had decided not to prosecute, he said.

The High Court appeared to have disregarded the fact the Framework Decision gives member states an absolute discretion whether or not to extradite in cases where the state seeking extradition asserts extra-territorial criminal jurisdiction.

Section 44 prevented Mr Bailey’s surrender in circumstances where he is an English citizen, the offence occurred in Ireland, the victim was a French citizen and the necessary reciprocity was not in place between the Irish and French systems.

The appeal continues today.