THE HEARING of Ian Bailey’s appeal against an order for his extradition to France has been fixed by the Supreme Court for January 16th. The appeal will be heard by a five-judge court and is expected to last three days.
Mr Bailey (53) is wanted for questioning by an investigating judge in France in connection with the murder of Sophie Toscan du Plantier (39), a French film-maker whose body was discovered near her holiday home in Schull on December 23rd, 1996. He has always denied any involvement in the murder.
The appeal was scheduled for November 15th last but was adjourned after the Supreme Court was told days earlier by his lawyers that “highly relevant” new material had just been provided to them by the State.
Martin Giblin SC, for Mr Bailey, said if his side had had the material for Mr Bailey’s unsuccessful High Court challenge to the warrant for his extradition, they would have been able to make “a much stronger case” in that court concerning allegations of Garda misbehaviour in the murder investigation.
The matter was adjourned to allow Mr Bailey’s side consider whether to seek further material from the Director of Public Prosecutions.
Yesterday, the court heard no further material had been sought but the State had on Wednesday night received a letter from Mr Bailey’s team which raised “certain queries” to which the State would respond.
The Chief Justice, Mrs Justice Susan Denham, said she proposed to list the appeal for hearing soon after the next law term opened in January because the matter was “urgent”.
The case was also listed for mention next week to allow lawyers for Mr Bailey consider the responses to the queries they had raised with the State.
The High Court had last March ruled Mr Bailey should be extradited but Mr Justice Michael Peart subsequently granted the certificate necessary for Mr Bailey to bring an appeal to the Supreme Court.
The judge certified 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.
