Three months on, still no moves made to extradite Bailey to France
THE French judiciary issued a warrant for the extradition of Ian Bailey for the murder of Sophie Toscan du Plantier almost three months ago – but it has yet to be executed by the Irish authorities.
The Mail can reveal that the French issued the warrant on June 21, but there has been no move by the authorities here to arrest the 62-year-old former journalist.
A spokesman for the French judiciary told the Mail this weekend: ‘The European Arrest Warrant was issued by the French judicial authorities on 21 June 2019. It is now up to the Irish authorities to execute it.’
However, a spokesman for Minister Charlie Flanagan’s Department of Justice declined to comment on the status of the extradition warrant, saying: ‘On the specifics you asked about, unfortunately we are unable to comment on individual cases.’
Well-placed security sources told the Mail this weekend that gardaí have not been contacted about the execution of the extradition warrant. A senior security source added: ‘There might be something going on behind the scenes in terms of the validity of the warrant or some other unknown matter that is a legal issue between the two nations.
‘But gardaí have not been consulted yet. This is a very high profile case. This has a potential to cause a diplomatic incident between the two nations.’
Mr Bailey was found guilty in Paris in France on June 1, in his absence, of the murder of Ms Toscan du Plantier, 39, near Schull, Co. Cork, in 1996.
The French High Court ordered that a new European arrest warrant be issued. The process is that the extradition warrant is sent to the Department of Justice, who asserts is validly before sending it to the Garda Extradition Unit.
It is the role of this unit to then move to arrest Mr Bailey and bring him before the High Court as part of the initial extradition proceedings.
Mr Bailey himself told the Mail in early June that he had ‘an overnight bag packed’ as he waited for gardaí to arrive.
From his home in Schull, west Cork, Mr Bailey said at the time: ‘I’m anticipating my third arrest, this week. I’m stoic, I’m ready. I have an overnight bag ready.’
The French court sentenced Mr Bailey to 25 years in prison following the non-jury trial. However, Alain Spilliaert, lawyer for the Ms Toscan du Plantier’s family, later confirmed that if the extradition is successful, Mr Bailey will still have to stand trial in France.
Mr Spilliaert said: ‘While he has been sentenced to 25 years in absentia, it does not mean he can simply be jailed here if and when he is extradited. There must be another trial with him present.’
Should his extradition proceed, it is expected Mr Bailey will appeal his extradition to the Supreme Court, and the entire process could take many months.
He denies any involvement in the French filmmaker’s murder.
Mr Bailey was twice previously arrested on a European arrest warrant issued by the French justice system and brought before the High Court on both occasions.
In February 2010, French magistrate Judge Patrick Gachon issued a warrant for Mr Bailey’s extradition in connection with the murder of film producer. Judge Michael Peart granted the order in the High Court but lawyers for Mr Bailey appealed to the Supreme Court which ruled in his favour, overturning the 2012 order
In July 2016, Judge Gachon’s successor in the case, Judge Nathalie Turquey, issued an ordonnance de renvoi, summarising evidence against Mr Bailey in relation to the murder. And in February 2017, Mr Bailey confirmed he had been served with an indictment by the judge for the voluntary homicide of Ms Toscan du Plantier in December 1996.
A month later, Mr Bailey was arrested at the Criminal Courts of Justice after Judge Tony Hunt endorsed a second European arrest warrant issued by the French. But in July 2017, Judge Hunt refused to order his extradition on foot of the latest warrant issued by Judge Turquey.
It was ruled that Mr Bailey could not be surrendered, on foot of the 2012 Supreme Court decision which was based on identical relevant facts when the French issued the first warrant.
Mr Bailey has consistently denied any involvement in Ms Toscan du Plantier’s killing and has also denied ever making any admissions that he killed her at her west Cork holiday home. ali.bracken@dailymail.ie
‘ Could cause a diplomatic incident’ Twice previously arrested