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Ian Bailey has 'ironclad right' not to be extradited to France over filmmaker's murder, High Court told
Summary
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.
Who, what, where, when and why
What: Report matter: Ian Bailey has 'ironclad right' not to be extradited to France over filmmaker's murder, High Court told. Charges or matters: the French woman's murder in his absence in a Paris court in May 2019. Procedural stage: sentence. Findings: Convicted
When:
- December 1996 Hearing Or Sentence
- May 2019 Hearing Or Sentence
- December 2019 Adjournment
- July 2017 Incident
- 2020-07-15 Publication
Why: "I think what they mean is if an Englishman ordinarily resident in Ireland is sought today for the murder of Ms du Plantier in 1996 then that person wouldn't have the benefit of the interpretation of section 44 because of legislative change," said Mr Munro, adding that he did not accept this proposition for one second. CNI source report
Case subjects
Defendant
Charges: the French woman's murder in his absence in a Paris court in May 2019 (Proven)
Finding: Convicted
Outcome: Convicted; Credit: Collins) A request to extradite Ian Bailey to France for a third time, where he is facing a 25-year prison sentence for the murder of filmmaker Sophie Toscan du Plantier, is an "abuse of process", his lawyers have told the High Court. The three-judge Cour d'Assises (criminal trial court) in Paris accordingly imposed a 25-year prison sentence on Mr Bailey in his absence.; He was remanded on bail after a High Court judge subsequently endorsed the third European Arrest Warrant (EAW) seeking his extradition to France.
Places mentioned
Topics
Related court reports
- State won't appeal refusal to surrender Bailey
- France fails in third bid to extradite Ian Bailey for filmmaker's murder
- Ireland has bizarrely become 'safe haven' for Ian Bailey, State tells hearing
- Tragic death of Sophie Toscan du Planiter not forgotten, judge says
- French request for Bailey extradition points 'a storm in a teacup'
- French request for Bailey extradition submissions 'unprecedented'
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