EFFORTS BY Ian Bailey to fight an attempt by France to extradite him raise “complex issues” including a claim of “abuse of process” and allegations of Garda misconduct, the High Court heard yesterday.
The matter was adjourned until next month, when the court said it would be “anxious” to fix a hearing date for the request.
French authorities are seeking the surrender of Mr Bailey with an address at The Pararie, Toormore, Schull, Co Cork, in connection with the murder of French woman Sophie Toscan du Plantier 13 years ago. The 53-year-old journalist has always denied any involvement in the film producer’s death whose body was discovered at her holiday home in Co Cork in late December 1996.
Lawyers for Bailey yesterday said their client’s points of objection to the French request would be completed shortly.
The High Court, with Mr Justice Michael Peart presiding, was told these include preliminary issues; an abuse of process claim concerning the Irish courts and allegations of Garda misconduct.
The court heard France was seeking to extradite Mr Bailey, despite a declaration before Cork Circuit Court that he was no longer a suspect in the investigation of Ms Toscan du Plantier’s death.
Martin Giblin SC, for Mr Bailey, said it would be argued that the request for an Irish court to send a person to another jurisdiction in such circumstances, amounted to an abuse of process.
The High Court, sitting at the Criminal Courts of Justice in Dublin’s Parkgate Street, also heard there was a possibility of a “split hearing” of the request because of the preliminary issues raised. Mr Bailey was in court yesterday.
Patrick McGrath SC, for the State, said the case raised a number of “complex issues”, and agreed for an adjournment to allow for further contact with legal representatives in France.
Mr Justice Peart scheduled the matter for July 8th next and remanded Mr Bailey on continuing bail.