Ian Bailey is seeking a fresh High Court hearing of his bid to prevent his extradition to France in connection with the murder of Sophie Toscan du Plantier on the basis of new information provided to his lawyers by the State, the Supreme Court heard today.
The High Court earlier this year dismissed Mr Bailey’s case but his lawyers claim that the outcome may have been different if the recently disclosed information had been available.
Mr Bailey’s Supreme Court appeal was due to be heard last month but was deferred to allow his lawyers consider the new material. Last week, a new date for the appeal was set for January 16th.
When the matter was mentioned today, the Chief Justice, Ms Justice Susan Denham was told Mr Bailey’s lawyers wished to bring a motion seeking to have “some issues” re-heard in the High Court.
The Chief Justice listed the matter for mention next Thursday to consider the motion and any response filed by the State. She said the court will then consider whether the motion can be heard on Friday next or has to be adjourned to a later date.
Mr Bailey (53) is wanted for questioning by an investigating judge in France in connection with the murder of Ms Toscan du Plantier, a 39-year-old French film maker whose body was discovered near her holiday home in Schull, Co Cork on December 23rd, 1996.
Mr Bailey has always denied any involvement in the murder. He was arrested by investigating gardaí and the DPP found no basis to charge him.
Mr Bailey’s lawyers told the Supreme Court last month they had received material from the State which was “highly relevant” to his bid to prevent his extradition to France. The material disclosed a “breath-taking” level of wrongdoing by State officials, it was stated.
If this material had been available for Mr Bailey’s unsuccessful High Court challenge to the warrant for his extradition, his team would have been able to make “a much stronger case” in that court concerning allegations of Garda misbehaviour in the murder investigation, Martin Giblin SC, for Mr Bailey said.