Court archive
Court reports mentioning Schull, Cork
2020-10-27 · Cork
In a High Court hearing on 27 October 2020, the State announced it would not appeal the court's refusal to surrender Ian Bailey to French authorities for a 25‑year sentence imposed by a French court for the murder of Sophie Toscan du Plantier. Robert Barron SC represented the Minister for Justice and informed Mr Justice Paul Burns that the State was not seeking a certificate to appeal. Mr Burns ordered that Mr Bailey recover legal costs for two senior barristers, a junior barrister and a solicitor from the State. He also directed that a copy of the judgment be made available to Ms Toscan du Plantier's family and the French authorities. Mr Bailey, aged 63 and resident in Schull, denies any involvement in Ms du Plantier's death.
2020-10-12 · Cork
In a High Court hearing on 12 October 2020, Mr Justice Paul Burns refused to order the extradition of British citizen Ian Bailey to France, where he faces a 25‑year prison sentence for the murder of filmmaker Sophie Toscan du Plantier. The judge held that Bailey's surrender remains precluded under Section 44 of the European Arrest Warrant Act 2003, citing an "accrued or vested right" from earlier judicial determinations that barred his surrender. The decision follows two prior French extradition attempts: a 2010 request that was overturned by the Supreme Court in 2012, and a 2017 High Court ruling that deemed the request an abuse of process. Bailey, aged 63, was arrested in December 2019 on a European Arrest Warrant and has been remanded on bail. The judge adjourned formal orders for two weeks to allow the State to seek leave to appeal.
2020-07-17 · Cork
In a High Court hearing, the State's counsel argued that Ireland has become a "safe haven" for Ian Bailey, who faces a 25‑year prison sentence in France for the murder of Sophie Toscan du Plantier. The counsel said the court had a prima facie obligation to surrender Bailey, citing a strong public interest and the risk of losing sight of the case. Bailey, 63, was convicted in absentia by a Paris court in May 2019 and denied any involvement. He was arrested in December 2019 under a European Arrest Warrant and remanded on bail. The judge, Mr Justice Paul Burns, reserved judgment, to be delivered on 12 October, and Bailey remains on continuing bail until that date. The hearing highlighted the procedural status of the extradition request and the State's obligation to comply with the warrant.
2020-07-16 · Cork
During an Irish High Court extradition hearing, Mr Justice Paul Burns expressed condolences to the family of Sophie Toscan du Plantier, whose body was found outside her holiday home in Schull 24 years ago. The judge noted that extradition proceedings can feel "dry" but should not suggest the tragedy has been forgotten. Mr Ian Bailey, 63, is wanted in France for a 25‑year prison sentence for the murder of Ms du Plantier. He was convicted in absentia by a Paris court in May 2019, after French authorities had sought his surrender in 2010 and 2017, the latter being dismissed as an abuse of process. Bailey denies involvement, describing the proceedings as a "farce," and has been living openly in Ireland since his arrest under a European Arrest Warrant in December 2019. The hearing, the third attempt by France, continues to address the legal and procedural aspects of his extradition.
2020-07-15 · Cork
In a High Court hearing on 15 July 2020, Mr Ian Bailey, aged 63, defended his right not to be extradited to France for a third time over the 1996 murder of filmmaker Sophie Toscan du Plantier. His counsel, Ronan Munro SC, argued that the 2012 Supreme Court decision in Minister for Justice v Tobin, applying section 44 of the European Arrest Warrant Act 2003, gave Bailey an "ironclad right" against surrender because the offence was committed outside France and Irish law did not allow prosecution for it abroad. Munro contended that the 2019 Criminal Law (Extraterritorial Jurisdiction) Act did not materially alter this right and that the repeated extradition attempts constituted an abuse of process. The case, which had previously seen a 2017 extradition request dismissed as an abuse of process, was set to continue for three days in the Irish High Court. Ian Bailey was convicted.
2020-05-18 · Cork
In a High Court hearing on 18 May 2020, Mr Justice Paul Burns dismissed two letters from French authorities that sought access to Ian Bailey's legal submissions regarding his extradition. The judge ruled the correspondence was not from the Issuing Judicial Authority and therefore irrelevant to the proceedings, describing the request as "a storm in a teacup." Bailey, 63, faces a 25‑year sentence for the murder of Sophie Toscan du Plantier and is scheduled to contest the extradition on 15 July. Counsel for the Minister, Robert Barron SC, noted the State had brought the letters to the court's attention, while Bailey's solicitor, Ronan Munro SC, argued the request was non‑justiciable and outside statutory procedure. Mr Justice Burns emphasised that proper communication should have been with the Issuing Judicial Authority, and the court would treat the letters as a matter of caution until further instruction.
2020-05-12 · Cork
In a High Court hearing, French authorities requested to view Ian Bailey's legal submissions regarding his extradition to France for the murder of Sophie Toscan du Plantier. Bailey faces a 25‑year sentence in France and will contest the extradition at a three‑day hearing scheduled for July 15. His counsel, Ronan Munro, said the submissions are about 40 pages and will be finalised in two weeks. French officials sent letters on March 18 and April 14 requesting the documents, a move Munro described as unprecedented and outside normal statutory procedure. The Minister for Justice will not release the submissions without a court ruling. Bailey, who denies involvement, is remanded on bail and will not attend the next court session. The case follows two prior French extradition attempts that were dismissed in 2012 and 2017. The hearing will address whether the French request is permissible under Irish law. The unnamed 63-year-old was convicted.
2020-03-23 · Dublin
Petronel Pal, 36, faces extradition to Romania for an alleged murder committed in Meath in 2014. He was arrested in Dublin in 2019 and is wanted for creating an organised crime group and for the aggravated murder of Virgil Busa, who died three days after being assaulted. While in Ireland, Pal and others are alleged to have formed a group headed by a relative of Pal. The High Court has considered surrendering him, but a formal order has not yet been issued. Pal's lawyers have applied to the High Court for leave to appeal, arguing that the case raises a point of law of exceptional public importance and that the High Court's approach to extraterritoriality may be incorrect. The appeal will be decided on March 30, with Pal remanded in custody. The case hinges on whether Irish law allows prosecution for crimes committed abroad by non‑Irish citizens.
2020-03-20 · Cork
The High Court heard that European countries most active in issuing European Arrest Warrants (EAWs) are no longer accepting suspected criminals surrendered from Ireland because of travel restrictions aimed at curbing the coronavirus outbreak. Poland and Lithuania have closed their borders to almost all incoming travel, effectively suspending EAWs. Other countries, including Latvia and the United Kingdom, have adopted similar measures, though official confirmation is pending. Mr Justice Paul Coffey, overseeing several international extradition cases, adjourned all unheard matters to 18 May and all part‑heard matters to 6 July, allowing the Minister for Justice to apply for earlier dates if circumstances change. He noted that Poland and Lithuania are not accepting surrender at present and that the EAW mechanism is effectively suspended until further notice. Bail conditions remain in force, with a relaxed requirement for sign‑on at Garda stations but a mandatory provision of a mobile phone number and continuous availability for Gardaí.
2020-03-19 · Cork
The High Court has confirmed that the hearing on the proposed extradition of Ian Bailey to France will take place on May 5, 2020, as a three‑day proceeding. The case concerns Bailey's alleged involvement in the 1996 murder of filmmaker Sophie Toscan du Plantier, for which he was convicted in absentia in Paris and sentenced to 25 years' imprisonment. Bailey, aged 63, denies any role in the death and has described the French proceedings as a "farce." He has not appeared in the French court and has no legal representation there. The Irish court has noted that Bailey's senior counsel will oppose the extradition on grounds of fundamental rights, citing previous extradition attempts that were dismissed as abuses of process. The hearing will be mentioned on April 20 to confirm whether it will proceed, following a general practice direction to limit court attendance amid the coronavirus outbreak.
2020-02-24 · Cork
In early May, a High Court hearing will consider the French request to extradite Ian Bailey to France, where he faces a 25‑year prison sentence for the murder of filmmaker Sophie Toscan du Plantier. The case is the third French attempt to secure Bailey's surrender. Bailey, 63, lives in Schull, Cork, and was convicted in absentia by a Paris court last year, receiving the 25‑year sentence. He denies any involvement, did not attend the French proceedings, and has described them as a "farce." Lawyers for the Irish Minister for Justice have received a voluminous affidavit from Bailey's solicitor, Frank Buttimer, and will need time to review it. Judge Donald Binchy set a provisional hearing date of 5 May, expected to last three days, and has remanded Bailey on continuing bail until then. The hearing will be mentioned on 30 March, but Bailey need not attend that day.
2020-02-10 · Cork
The High Court has been informed that lawyers for the Minister for Justice need time to consider Ian Bailey's objections to extradition to France for the murder of filmmaker Sophie Toscan du Plantier. This is the third attempt by French authorities to secure Bailey's surrender. The 62‑year‑old Englishman, who lives in Schull, Cork, was convicted in absentia by a Paris court last summer and sentenced to 25 years in prison. Bailey, who denies any involvement, was arrested under a European Arrest Warrant in December and has described the French proceedings as a "farce". His counsel, Ronan Munro SC, has submitted an affidavit raising factual matters, particularly concerning Bailey's health, which the Justice Minister's lawyers must review. Bailey remains on bail until February 24, when a hearing date is expected to be set.
2020-01-20 · Cork
In a High Court hearing scheduled for February 10, 2020, lawyers for Ian Bailey will argue that the proposed extradition to France for the murder of Sophie Toscan du Plantier violates his fundamental rights. Bailey, 62, was convicted in absentia by a Paris court and sentenced to 25 years' imprisonment. He denies any involvement in the death of the French filmmaker, whose body was found beaten outside her holiday home in Schull in 1996. Bailey's counsel, Ronan Munro SC, will reference the two prior extradition attempts, which were dismissed by Irish courts, including a 2017 ruling that the case was an abuse of process. The Supreme Court's 2012 refusal to extradite Bailey was based on the offence occurring outside French territory and Irish law's prohibition of double prosecution for the same offence abroad. The court has remanded Bailey on continuing bail and adjourned the case for three weeks.
2019-12-20 · Cork
In a High Court hearing on 20 December 2019, a fresh translation of the French court judgment that found Ian Bailey guilty of Sophie Toscan du Plantier's murder in absentia was returned to the State after the judge noted it was still difficult to understand. Mr Bailey, who was not present, had been previously convicted in Paris and sentenced to 25 years' imprisonment. The court endorsed a European Arrest Warrant for him, marking the third French request for his surrender. Mr Ronan Munro SC argued that the extradition should be challenged on the basis of a better translation of the judgment, citing "difficult to follow" passages. Mr Justice Donald Binchy agreed that a clearer translation was needed, and the court scheduled Mr Bailey's next appearance for 20 January 2020. The hearing was a notional one, with Mr Bailey not required to attend. The State's counsel, Leo Mulrooney BL, indicated that a new translation would be prepared.
2019-12-16 · Dublin
Ian Bailey, aged 62, was arrested in Dublin after a High Court judge endorsed a third European Arrest Warrant issued by France for the 1996 murder of filmmaker Sophie Toscan du Plantier. The warrant was endorsed by Mr Justice Donald Binchy following changes in Irish law and Bailey's conviction in absentia in France, where a Paris court sentenced him to 25 years. Bailey was taken outside the Criminal Courts of Justice, cautioned, and shown the warrant in English and French. He was remanded on bail, required to post a €15,000 bond, surrender his passport, and remain within the jurisdiction. A full hearing is scheduled for 20 January 2020; Bailey denied any involvement in the murder and described the French proceedings as a farce. The case follows earlier French extradition requests that were dismissed as abuse of process in 2017.
2019-12-02 · Cork
The High Court will decide later this month whether to endorse a French warrant for the extradition of Ian Bailey to France for the murder of filmmaker Sophie Toscan du Plantier. This is the third French attempt to secure Bailey's surrender. Bailey, 62, lives in Schull, Cork, and was convicted in absentia by a Paris court earlier this year, receiving a 25‑year prison sentence. He denies any involvement, did not attend the French trial, and has called the proceedings a "farce." Lawyers for the Minister for Justice presented a third European Arrest Warrant and noted that previous extradition attempts failed because the Supreme Court had ruled in 2012 that extradition was prohibited on extraterritoriality grounds. The Minister argued that new provisions in the Criminal Law (Extraterritorial Jurisdiction) Act 2019 might allow a different interpretation. Bailey's counsel, Ronan Munro SC, urged the court not to endorse the warrant, citing potential liberty loss.
2017-08-17 · Cork
The State has decided not to appeal the High Court's refusal to extradite 60‑year‑old Ian Bailey to France over the 1996 death of Sophie Tuscan du Plantier. Bailey, who denies any role in the death, was previously sought by French authorities in 2010 and again last summer for alleged voluntary homicide. Mr Justice Tony Hunt dismissed the Minister for Justice's application as an abuse of process. During the hearing, solicitor Gareth Lynch informed the court of the State's decision, and Mr Justice Hunt granted Mr Bailey costs for the case.
2017-08-02 · Cork
The High Court heard that Ian Bailey, 60, of The Prairie, Liscaha, Schull, west Cork, will apply next month for legal costs after the court refused to order his extradition to France over the death of Sophie Tuscan du Plantier. Bailey denies any involvement in her 1996 death outside her holiday home in Schull. French authorities had sought his surrender in 2010 and again last summer for alleged voluntary homicide, but the Supreme Court and the High Court dismissed the requests, citing abuse of process. The matter was adjourned to 17 August.
2017-06-14 · Cork
The High Court will give judgment on July 24 on a second extradition request for Ian Bailey, 60, to France over the 1996 death of Sophie Tuscan du Plantier. Bailey denies any involvement. French authorities first sought his surrender in 2010, but the Supreme Court refused in 2012, ruling that Section 44 of the European Arrest Warrant Act barred extradition because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence abroad by a non‑Irish citizen. The 2016 warrant was issued again, prompting the State to ask the High Court to refer the Supreme Court's 4‑1 interpretation of Section 44 to the European Court of Justice. Counsel for Bailey argues the Supreme Court decision is an absolute jurisdictional bar, while counsel for the Justice Minister seeks a reference to correct the interpretation. The High Court will consider whether any matters remain for further hearing.
2017-06-02 · Cork
Lawyers for the Minister for Justice have asked the High Court to refer a 2012 Supreme Court decision that placed an absolute bar on the extradition of Ian Bailey to France to the European Courts of Justice. The case concerns Bailey, 60, who denies involvement in the 1996 death of Sophie Tuscan du Plantier, found dead outside her holiday home in Schull. French authorities sought Bailey's surrender in 2010 and again in 2016, but the Supreme Court ruled in 2012 that Section 44 of the European Arrest Warrant Act created an absolute jurisdictional bar because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence abroad by a non‑Irish citizen. Counsel for the Minister, Robert Barron SC, argues that the Supreme Court's majority interpretation was incorrect and that the dissenting judge's view should be examined by the European Courts.
2017-05-31 · Cork
The Minister for Justice has sought to re‑open an extradition case for Ian Bailey, a 60‑year‑old former resident of Schull, who was denied surrender to France in 2012 by a Supreme Court panel. Lawyers for Bailey argue that the Supreme Court's 2012 decision, based on section 44 of the European Arrest Warrant Act, creates an absolute jurisdictional bar to his extradition for alleged voluntary homicide of Sophie Tuscan du Plantier, who died in 1996 outside her holiday home. Bailey denies any involvement and claims Gardaí attempted to frame him. His counsel, Garrett Simons SC, contends the Minister's new application is an abuse of process, undermining the Supreme Court's judgment and the sovereignty of Irish courts. The Minister's counsel, Robert Barron SC, maintains that the Minister has no power to refuse a warrant and will continue to submit to the High Court. The case remains pending before Mr Justice Tony Hunt.
2017-05-26 · Cork
A hearing to decide whether Ian Bailey should be extradited to France to face a voluntary homicide charge over the death of Sophie Toscan du Plantier will take place next Wednesday. Bailey's legal team has finished their submissions and is ready to proceed. The hearing follows a European Arrest Warrant issued by French authorities. Bailey, 60, denies any involvement in the 1996 murder of Ms du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork. French officials have already served him with an indictment and may try him in absentia.
2017-05-12 · Cork
A hearing has been scheduled to decide whether Ian Bailey should be extradited to France to face trial for the death of Sophie Toscan du Plantier. Justice Tony Hunt of the High Court set the hearing for two days and instructed Bailey's legal team and the Minister for Justice to prepare their arguments by May 31. Bailey, aged 60 and from The Prairie, Liscaha, Schull, is required to attend. Robert Barron SC, representing the justice minister, confirmed receipt of Bailey's objections. Bailey's barrister, Ronan Munro SC, raised a potential issue regarding the validity of the European Arrest Warrant issued by a French prosecutor, questioning whether it constitutes a valid judicial authority. French authorities have already indicted Bailey and seek to try him for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996.
2017-03-30 · Cork
Ian Bailey, aged 60 and resident of The Prairie, Liscaha, Schull, was taken into custody at the Criminal Courts of Justice building on 30 March 2017 after a High Court judge endorsed a European Arrest Warrant issued by French authorities. The warrant seeks to bring Bailey to France to face charges of voluntary homicide in the death of Sophie Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996. Bailey was remanded on bail following a brief hearing. He was given a copy of the warrant and, when asked if he had anything to say, he replied that the warrant was "severely factually flawed." His legal team has indicated that they will oppose the application to send him to France.
2017-03-21 · Cork
A High Court judge, Justice Tony Hunt, said he intends to endorse a European Arrest Warrant that would send Ian Bailey to France to face trial for the intentional homicide of Sophie Toscan du Plantier. He will wait for submissions from Bailey's legal representatives on Thursday before making a final decision. Justice Hunt clarified that endorsing the warrant is not an endorsement of any other matter. If the warrant is endorsed, further hearings will decide whether to send Bailey to France. Bailey denies any involvement in the death and objects to the extradition, alleging a Garda conspiracy to frame him. French authorities have already served Bailey with an indictment and seek his trial in France for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork, in December 1996.
2017-03-20 · Cork
An application to endorse a European Arrest Warrant for Ian Bailey, aged 61, for the alleged voluntary homicide of Sophie Toscan du Plantier will be heard at the High Court tomorrow. Bailey denies any involvement in the French woman's death. Justice Tony Hunt adjourned the hearing when Bailey's legal team did not appear for the 10 am hearing. Ronan Kennedy BL, counsel for the attorney general, said Bailey's solicitor was served notice of the High Court hearing on 16 March, four days ago, and that the hearing could proceed without him or his legal representatives but that any submissions on the European Arrest Warrant should be made to the court. Kennedy added that he was surprised no one was in attendance. Justice Hunt said Bailey and his legal representatives are "on notice" that the hearing will proceed tomorrow.