A FIVE-JUDGE Supreme Court has been convened to hear the appeal later this month by Ian Bailey against an order for his extradition to France in connection with the killing of French film-maker Sophie Toscan du Plantier.
Counsel for the State told the Chief Justice, Mrs Justice Susan Denham, yesterday there may be “some developments outside the control of the State” which may affect the appeal but he did not elaborate on the nature of those matters.
The Chief Justice, who asked to be informed of anything which may happen to affect the listing of the appeal, is set to preside over the court hearing the appeal, listed to open on November 15th and scheduled for three days.
The other members of the court are Mr Justice John Murray, Mr Justice Adrian Hardiman, Mr Justice Nial Fennelly and Mr Justice Donal O’Donnell.
The appeal was mentioned at the Supreme Court yesterday when Patrick McGrath, for the State, said the State’s submissions had been filed.
Mr McGrath also said there may be “some developments” outside the control of the State which may affect the appeal and, if that occurred, the court would be informed.
Martin Giblin SC, for Mr Bailey, said his side was ready to go on, subject to a “discrete issue of fact” about which the State had been informed. There would be a consultation tomorrow with French lawyers and any developments would be notified, he indicated.
Mr Bailey was not in court yesterday when the case was briefly mentioned for case management purposes. He remains on bail pending the outcome of the appeal. A former journalist, he is wanted for questioning by an investigating judge in France in connection with the murder of Ms Toscan du Plantier.
Mr Bailey (54), 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 gardaí and the Director of Public Prosecutions found no basis to charge him.
Last March, the High Court ruled the Manchester-born law graduate should be extradited.
Mr Justice Michael Peart subsequently granted the certificate necessary for Mr Bailey to bring an appeal to the Supreme Court after certifying that an issue arose from his judgment which was of such exceptional public importance it should be determined by the Supreme Court.
That issue is whether the surrender of a person is prohibited by section 44 of the European Arrest Warrant Act 2003 where the offence for which surrender is sought is committed here and where the victim is a national of the state requesting extradition (France) which seeks to exercise an extra-territorial jurisdiction to prosecute the offence under its own laws when the DPP here has decided not to prosecute the person.
Lawyers for Mr Bailey contend that the French extra-territorial jurisdiction is very extensive and the Irish courts should scrutinise it carefully.
