A LAWYER representing English journalist Ian Bailey yesterday said that he was not surprised at confirmation by a French official that his client could be tried in his absence in France for the murder of Sophie Toscan du Plantier in west Cork almost 15 years ago.
Frank Buttimer said that he had been aware for some time that it was possible for an accused person to be tried in their absence in France on a serious charge.
“Even if the Supreme Court here overturns the High Court order and refuses to allow the extradition of Mr Bailey to France, then the French authorities will proceed with a prosecution against him in his absence,” he said.
Conscious that the matter is still before the Supreme Court Mr Buttimer said he was reluctant to comment further other than to say that comments by French officials highlighted the chasm between the two systems of justice.
On Tuesday, home office attache at the French embassy in the UK, Eric Battesti confirmed it was possible Mr Bailey could be tried in his absence in France if a French magistrate can produce evidence for him to be charged with Ms Toscan du Plantier’s killing.
“I don’t wish to speculate on what the Irish Supreme Court will do or on Ian Bailey but I can comment on French justice procedures and it is possible for someone to be tried in their absence in France if there is enough evidence against them,” said Mr Battesti.
Mr Bailey, who has always denied any involvement in the murder, is appealing a decision by the High Court last March to extradite him to France on foot of a European arrest warrant. A team of French police officers yesterday began interviewing the first of 30 witnesses who made statements to gardaí in the original Irish investigation. Two French forensic scientists began tests on more than 70 exhibits from those gathered by gardaí.
Mr Buttimer reiterated his belief there was no connection between the visit of the French investigation team to west Cork and the appeal by Mr Bailey to the Supreme Court against the High Court decision to extradite him.
He added: “I find it quite bizarre that this French investigation team can come in here and focus their investigation on an individual whom the Irish prosecutor, the DPP, has deemed there isn’t enough evidence to bring to trial here. I find that quite extraordinary”.
