‘Unorthodox’ request by French to see Bailey legal submissions
FRENCH authorities have made an “unprecedented” and “unorthodox” request to view the legal submissions on Ian Bailey’s objections to his extradition there, the High Court has heard.
Mr Bailey is facing a 25-year prison sentence for the murder of French film-maker Sophie Toscan du Plantier and a hearing at which he will contest the request for his surrender was yesterday scheduled to start before the High Court on July 15.
Ronan Munro SC, for Mr Bailey, said the legal submissions were very close to being finalised and came to around 40 pages. He would need around two weeks to finalise them, he added.
However, Mr Munro explained that a request had been received from French authorities to view the submissions from both the State and Mr Bailey ahead of the extradition hearing. He noted that the issuing of such documents seemed to be outside the statutory procedure.
He added he was not aware of any “free-wheeling” statutory right which the issuing State had to ask for this.
“I can say to the court with confidence that it is an unorthodox application but the court is well able to deal with it,” he said.
Counsel for the Justice Minister, Leo Mulrooney BL, said two letters, dated March 18 and April 14, were received from the French authorities. These were handed into the court.
Mr Justice Paul Burns said the French authorities were requesting submissions from both parties, which was nothing to do with the court.
However, Mr Mulrooney said the Justice Minister would not release the submissions without a ruling from the court.
The case was listed for mention next Monday and Mr Justice Burns said he would need to hear legal argument concerning the matter. The judge said the Justice Minister could decide what his position was in relation to the request in the meantime.
Mr Munro said he had reservations about the request and he wanted the proper statutory provisions followed.
“In my experience it is unprecedented. I can’t think of a case where an executing state has sought this,” he added.
In reply, Mr Justice Burns said that although “this certainly had not happened before” it did not mean that it was not allowed.
Mr Bailey was not present in court yesterday and is not required to attend court next Monday. He was remanded on continuing bail until July 15.
In February, the High Court fixed May 5 as the starting date for the three-day hearing but it was adjourned due to the Covid-19 pandemic. The president of the High Court previously gave a general practice direction that only urgent business should be dealt with to minimise the number of people attending court.
This is the third time French authorities have sought Mr Bailey’s surrender in relation to the death of Ms du Plantier, whose badly beaten body was found outside her holiday home in Schull in 1996.