Bailey extradition appeal adjourned

Ian Bailey's appeal against an order for his extradition to France in connection with the killing of French film-maker Sophie Toscan du Plantier has been adjourned by the Supreme Court because of "highly relevant" new material just provided by the State to his lawyers.

The new material, provided by the DPP and Department of Justice to the Bailey side earlier this week on the advice of the Attorney General is "highly relevant" to the extradition proceedings and discloses a "breathtaking" level of wrongdoing by State officials, Martin Giblin SC, for Mr Bailey, told the Chief Justice, Ms Justice Susan Denham today.

Had his side that material during the High Court extradition proceedings, they would have been able to make a much stronger case concerning allegations of Garda misbehaviour in the murder investigation, counsel said.

The material had also been provided to the French judicial authorities who may or may not wish to take it into account in the proceedings, counsel added.

Robert Barron SC, for the State, said his side were not saying at this stage that the material was irrelevant and were not opposing an adjournment of the appeal. This was not a situation where material had been withheld, counsel added.

Given the developments, Mr Giblin said he was seeking an adjournment of the appeal so his side would have an opportunity to examine the material in detail. His side may also bring a motion seeking directions concerning how they could bring a motion for discovery of other material against the DPP in circumstances where his side had no quarrel with the DPP, counsel said.

The Chief Justice said, given the developments, the appeal - which was fixed for hearing on Monday - will be adjourned.

Mr Giblin also said Mr Bailey, who was in court today, was on bail on "highly onerous" conditions. Given what was in the new material, cousnel indicated he would be brining a motion to alter the nature of those conditions.

Ms Justice Denham said she could not deal with the bail issue in a case management list but counsel could bring a motion at short notice at a later stage to deal with the bail issue.

A five judge Supreme Court had been convened to hear the appeal, listed to run for three days. However, lawyers for the State had told the Chief Justice, last week there might be "some developments outside the control of the State" which may impact on the appeal. No detail was given concerning those "developments".

The Chief Justice had asked to be informed of anything which may happen to affect the listing of the appeal and the matter has been listed for mention before her this morning.

Mr Bailey remains on bail. A former journalist, he is wanted for questioning by an investigating judge in France in connection with the murder of Ms Toscan du Plantier (39), whose body was discovered near her holiday home in Schull on December 23rd 1996.

Mr Bailey (53), The Prairie, Schull, Co Cork, has always denied any involvement in the murder. He was arrested by investigating gardaí and the DPP found no basis to charge him.

Last March, the High Court ruled Mr Bailey should be extradited. Mr Justice Michael Peart subsequently granted the certificate necessary for Mr Bailey to bring an appeal to the Supreme Court after certifying an issue arose from his judgment which was of such exceptional public importance it should be determined by the Supreme Court.

That issue is whether the surrender of a person is prohibited by Section 44 of the European Arrest Warrant Act 2003 where the offence for which surrender is sought is committed here and where the victim is a national of the State requesting extradition which seeks to exercise an extra-territorial jurisdiction to prosecute the offence under its own laws when the DPP here has decided not to prosecute the person.