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Minister for Justice "insulting" Irish courts by seeking re-open Bailey extradition, lawyers say
Summary
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.
Who, what, where, when and why
What: Report matter: Minister for Justice "insulting" Irish courts by seeking re-open Bailey extradition, lawyers say. Procedural stage: hearing_or_decision
When:
- December 1996 Hearing Or Sentence
- 2017-05-31 Publication
Why: A five-judge panel of the Supreme Court refused to surrender Mr Bailey in 2012 and four of the five judges upheld Mr Bailey's argument that section 44 prohibits surrender because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence when committed outside its territory by a non-Irish citizen. Prosecution account reported by CNI
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- Tragic death of Sophie Toscan du Planiter not forgotten, judge says
- Ian Bailey has 'ironclad right' not to be extradited to France over filmmaker's murder, High Court told
- French request for Bailey extradition points 'a storm in a teacup'
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