JOURNALIST IAN Bailey is seeking leave to appeal to the Supreme Court against a High Court decision permitting his extradition to France in connection with the killing of French film-maker Sophie Toscan du Plantier in Co Cork some 14 years ago.
Mr Justice Michael Peart will hear legal submissions next Tuesday before deciding whether to grant leave to Mr Bailey to bring his appeal. The State is contending there is no basis for an appeal.
Under the European Arrest Warrant Act (EAW) 2003, an appeal against an extradition order may only be brought if the High Court certifies the case raises points of law of such exceptional importance the public interest requires those points should be determined by the Supreme Court.
Mr Bailey was in court yesterday when his counsel Ronan Munroe told Mr Justice Peart his client wished to appeal against the judge’s decision last Friday clearing the way for his extradition and was contending the decision raised issues of public importance.
Counsel handed in three draft points of law identified from the court’s decision but asked, given what is at stake for his client, for more time to finalise those points. He asked the court to receive the draft points and adjourn the matter so the issues can be further clarified.
Robert Barron SC, for the State, said his side disagreed the case raised exceptional points of law and would be opposing certification. His side would also be seeking costs, counsel indicated.
Mr Justice Peart said it was clear more time was required to draft the points of law and it was not clear in particular what the third point was in the draft handed in.
The judge said he appreciated Mr Bailey’s side had only a short time to consider his judgment and said he would adjourn the matter to next Tuesday when he would hear submissions on the matter of certification. He remanded Mr Bailey on continuing bail.
Unless overturned by the Supreme Court, the High Court decision leaves it to the French authorities to decide whether or not Mr Bailey is prosecuted in connection with the death of Ms Toscan du Plantier.
Mr Bailey (53), The Prairie, Schull, Co Cork, has always denied any involvement in the murder of Ms Toscan du Plantier (39), whose body was discovered near her holiday home in Schull on December 23rd, 1996. He was arrested by investigating gardaí and the DPP found no basis to charge him but the French authorities subsequently sought his extradition.
In his decision last week, Mr Justice Peart found the warrant issued by the French authorities clearly stated its purpose was to “prosecute” Mr Bailey as required under the European Arrest Warrant Act 2003, did not state the purpose was “investigation” and indicated the French view was that there was sufficient evidence to charge Mr Bailey.
The EAW set out the evidence available to the French authorities and stated, during the Garda investigation here, “serious and convincing clues” were accumulated against Mr Bailey “of such a nature as to justify that he be charged”, the judge said.
The issuing of the warrant indicated, in the opinion of the French authorities, there was “under French law” sufficient evidence to charge Mr Bailey.
The French procedure requires Mr Bailey to be brought before an examining magistrate and given the opportunity to respond to the evidence before any decision is made whether to put him on trial or not, the judge outlined. The fact a decision may be made not to try him at the end of that procedure did not entitle Mr Bailey to an order preventing his surrender.
Any comfort which Mr Bailey may have derived from the fact the DPP here had decided, after several reviews of the case, not to prosecute him did not confer any right to the effect he could or would not be surrendered, the judge added.
