Courts / Cork / Report

Judgement expected next month in Ian Bailey case

Date
2017-06-14
Stage
Hearing Or Decision
Primary locality
Schull
County
Cork

Summary

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.

Who, what, where, when and why

What: Report matter: Judgement expected next month in Ian Bailey case. Procedural stage: hearing_or_decision

When:

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

Places mentioned

Court Venue
  • The High Court
  • Supreme Court
  • High Court
Residence
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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