Bailey legal team given two weeks to prepare case
The High Court gave Ian Bailey’s legal team two weeks “to get its house in order” today, stating it did not want the case “to drift off into Never Never land”.
Mr Justice Michael Peart, sitting at Court 21 of the Criminal Courts of Justice in Dublin’s Parkgate Street, said there was “no doubt” there were “unusual aspects” to the case but added that “a lot of time has passed” and he was “anxious” a date be fixed for the hearing of the matter next month.
Authorities in France are seeking Mr Bailey’s surrender in connection with the murder of French woman Sophie Toscan du Plantier 13 years ago. He is wanted for the alleged "wilful homicide and serious assault and battery".
The 53-year-old, with an address in Toormore, Schull, Co Cork, has always denied any involvement in the film producer's death whose body was discovered at her holiday home in Co Cork in late December 1996.
Yesterday lawyers for Mr Bailey sought further time to “process evidence” concerning the decision of authorities here not to prosecute their client, and to prepare evidence in relation to a “factual error” said to be contained in the “warrant”.
The High Court has already heard that among the “points of objection” being raised by Mr Bailey, in the fight against his extradition, are an unlawful attempt to “subvert” the DPP’s decision not to prosecute him in connection with the investigation into the French woman’s death, and an unlawful interference with Mr Bailey’s constitutional right to liberty.
Yesterday the court was told a sworn affidavit was to be taken from a French lawyer on issues of French law.
Lawyers said an argument of extraterritoriality, whether in the circumstances a legal basis existed allowing France to extradite Mr Bailey, “may dispose” of the matter in which case “other arguments” would not need to be raised.
Judge Peart remanded Mr Bailey on continuing bail until July 21 next, indicating it would be “the final adjournment” afforded to lawyers representing him.
