Bailey could be tried in France in his absence, solicitor claims

LAW GRADUATE Ian Bailey could be tried in France in his absence for the murder of French film producer Sophie Toscan du Plantier…

LAW GRADUATE Ian Bailey could be tried in France in his absence for the murder of French film producer Sophie Toscan du Plantier in west Cork nearly 15 years ago, Mr Bailey’s solicitor Frank Buttimer said yesterday.

Mr Buttimer, who is fighting a European arrest warrant issued by a French magistrate to send Mr Bailey (54) to France for prosecution, said he believed the French could well proceed with a trial against Mr Bailey if they failed in the extradition bid.

Mr Bailey yesterday lodged an appeal to the Supreme Court against a decision by Mr Justice Michael Peart in the High Court to order his surrender to the French authorities on foot of the 2010 European arrest warrant.

Mr Buttimer said he was aware of the case of an Englishwoman who was originally acquitted on a drugs charge in France, but the acquittal was appealed and she was later convicted in her absence in the French appeal court.

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He said he had seen media reports of an unnamed French official saying it could happen that the French authorities would proceed to try Mr Bailey in his absence if he successfully fought his extradition in the Supreme Court.

“Not only will they in all probability proceed in Mr Bailey’s absence but what is clearly the case is that if he were to be brought there, which hopefully he won’t, the trial can proceed without any witnesses coming from Ireland.”

Mr Buttimer said that he was concerned that in such an event, it appeared the French would rely solely on the original statement made by key witness Marie Farrell implicating his client without ever acknowledging that she had since recanted that statement.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times