The Irish schoolteacher who has been held in a southern French prison since February 14th, on suspicion of being an accessory to the murder of a newborn infant, is to be released on bail, probably today.
The man attended his own bail hearing at the appeals court in Aix on Tuesday and the judge announced yesterday that he will be freed as soon as €15,000 in bail is paid. Mr Gérard-Georges Girard, the Irishman's lawyer, telephoned the accused man's brother, who broke the news to him in Grasse prison.
The brother abandoned his business in Ireland to be near the imprisoned man for the past three weeks. A second brother and sister have also travelled to Grasse. After his release, the Irishman will be required to stay with a Franco-Irish family in the Paris region for about two weeks, or until his companion, a 21-year-old Irish woman, is well enough to be questioned by Judge Thierry Laurent. After that, he will probably be required to check in with French gendarmes every month or two.
The woman is still in a prison ward of Pasteur Hospital in Nice, after being placed under investigation on suspicion of killing her newborn son on February 12th.
The man was accused of failing to help a person in danger - his companion's newborn infant - and of failing to denounce a crime - the baby's alleged murder. The dead infant was discovered in a plastic bag in a luxury hotel on the French Riviera.
The failure to intervene in such circumstances is a crime that can result in a 10-year prison sentence.
It is rare for French authorities to accept bail in such cases, and Mr Girard accredited his client's success in getting bail to his own speech in court.
"I showed that they had deprived him of his freedom, but they aren't even sure a crime was committed. So how can they accuse him of misdemeanours connected to the crime?"
Mr Girard received about a half dozen character references from education authorities, church and political figures in Ireland. "I didn't use them in court," he said. "For the simple reason that I am sure his defence is solid, so I didn't need to prove he is a good man."
Senator Avril Doyle, the Fine Gael MEP who spoke out publicly in the man's favour, issued a written statement saying she "very much welcomed" his release from Grasse prison.
The public prosecutor who opposed the release, Mr Raymond Doumas, said he was "a little surprised" by the court's decision, which seemed "hasty". The Irishman's lawyer interpreted his release as a sign he will be cleared, but the prosecutor said it in no way prejudges the outcome.