Bailey’s legal costs likely to exceed several million euro

Ian Bailey’s lawyers are looking for legal costs to cover items not normally included in costs orders, the Supreme Court heard yesterday.

The full costs after Mr Bailey won his Supreme Court appeal against a decision to extradite him to France for questioning about the death of film maker Sophie Toscan du Plantier in west Cork in 1996 are likely to exceed several million euro, according to legal sources.

The items that would not normally be covered include the cost of a French lawyer, Martin Giblin SC, for Mr Bailey, told the five-judge Supreme Court yesterday.

Following the court’s unanimous decision last week to overturn a High Court order that Mr Bailey could be extradited to France, Mr Giblin also secured costs against the State for the High and Supreme Court extradition proceedings. He was given liberty to apply for costs at the highest level.

All five judges of the Supreme Court upheld Mr Bailey’s argument that his extradition should be refused on the ground there is no actual intention by the French authorities to “try” Mr Bailey at this stage.

Yesterday, Mr Giblin apologised to the court for seeking an adjournment of the matter because, he said, a difficulty had arisen in terms of his side making an application for costs.

It seemed specific items which had been incurred in the case are not covered by normal cost orders, including the cost of a French lawyer, he said.

He needed an opportunity to write to the Minister for Justice, who had brought the extradition case, about this.

Asked by Chief Justice Susan Denham if he wanted the adjournment to make an application for solicitor/client costs, Mr Giblin said he did.

Following consultation with her fellow judges, the Chief Justice adjourned the matter for three weeks.

In the extradition case, the French authorities had wanted to question Mr Bailey in connection with the murder of French film-maker Sophie Toscan du Plantier in West Cork in 1996. Mr Bailey, 53, a Manchester-born former journalist and law graduate who has lived here for many years, always denied any involvement in the murder.

All five judges gave separate judgments last week allowing Mr Bailey’s appeal with some noting it arose in “unique circumstances” and raised “unprecedented” questions of law.