BACKGROUND:The High Court will rule on the warrant and either side can challenge the ruling to the Supreme Court, or go to the European Court of Justice if they wish to appeal a Supreme Court decision, writes BARRY ROCHE
THE ISSUING of a European Arrest Warrant for English journalist Ian Bailey by a French magistrate investigating the murder of Sophie Toscan du Plantier is likely to lead to a protracted process which potentially could take months, if not longer, to reach a conclusion.
The Irish Timesunderstands that the Department of Justice has sent the warrant for Mr Bailey to Attorney General Paul Gallagher to examine if it is legally sound and whether any additional information is needed from the French authorities before submitting it to the High Court.
It is expected that the warrant will be submitted to a High Court judge by the Department of Justice within a month.
It is then open to the judge to endorse or reject the warrant if they believe it is flawed or legally unsound.
If the warrant is endorsed, it will then be sent to the Garda Síochána and executed by officers from the extradition section, whereupon Mr Bailey would be arrested and brought before the High Court, where it would be open to him to challenge the validity of the warrant.
The High Court would rule on the warrant and it would be open to either side to challenge the High Court’s ruling by way of appeal to the Supreme Court, with the further option for either side to go to the European Court of Justice if they wished to appeal a Supreme Court decision.
Mr Bailey’s solicitor, Frank Buttimer, yesterday said it would be speculation on his part to comment on the matter given that he had received no communication from the French authorities and did not know the specific terms and purpose of the warrant.
However, Mr Buttimer believed his client’s position was secure as, under section 42 of the European Arrest Warrant Act, someone could not be extradited from Ireland for an offence abroad if the Director of Public Prosecutions had ruled against a prosecution in respect of a similar or connected offence here in Ireland.