COURT REPORT:IAN BAILEY, who is wanted by the French authorities in connection with the investigation into the murder of film producer Sophie Toscan du Plantier in west Cork 13 years ago, was remanded on bail at a special sitting of the High Court in Dublin at the weekend.
Mr Justice Michael Peart granted bail without an independent surety to Mr Bailey of Schull, Co Cork, under a number of conditions
The 53-year-old, who is studying law at UCC, is wanted by the French authorities for the alleged “wilful homicide and serious assault and battery” of Sophie Toscan du Plantier.
The body of Toscan du Plantier (39) was discovered at her holiday home in Co Cork in late December 1996. Mr Bailey has always denied any involvement in her death and is expected to contest the extradition request.
At the High Court on Saturday Mr Bailey, dressed in light-coloured trousers, blue blazer and a shirt and tie spoke only to tell the court that “I am happy to accept those terms”, of bail.
Patrick McGrath, for the State, told the court Mr Bailey was arrested shortly before midnight on Friday after the High Court earlier endorsed a European Arrest Warrant.
In reply to Mr McGrath, Sgt Jim Kirwin of the Garda Extradition Unit told the court he called to Mr Bailey’s home late on Friday night and asked the man who answered if he was Mr Bailey.
Sgt Kirwin said Mr Bailey said: “You know who I am. Yes I am Ian Bailey.”
Sgt Kirwin said Mr Bailey further acknowledged his date of birth and that Manchester was his place of birth.
When asked if he knew what the charges were about, Sgt Kirwin said Mr Bailey replied, “this is an illegal arrest based on false information”.
Sgt Kirwin added that Mr Bailey asked for, and was provided with, more details of charges contained in the European arrest warrant.
Sgt Kirwin said he had no objection to bail being granted as he did not believe Mr Bailey was “a major flight risk”. However, given the serious nature of the charge, Sgt Kirwin said an independent surety of €30,000 should be included as part of the bail terms.
Under cross-examination by Martin Giblin SC, who argued that the independent surety was not required, Sgt Kirwin accepted Mr Bailey had lived at the same address in Schull for almost 20 years.
Counsel said it had been widely reported in the media that a request for Mr Bailey’s extradition was pending. While all this had been going on Mr Bailey had continued to reside in west Cork.
Counsel also stated that Mr Bailey had been questioned about Toscan du Plantier and that the DPP had decided not to prosecute his client.
Mr Justice Peart ruled that an independent surety was not required. As part of the terms of bail, the judge said Mr Bailey would enter into his own bond of €15,000, none of which had to be cash.
As part of the conditions of bail, Mr Bailey would also have to reside at his home address, sign on once a week with the gardaí in Bantry, surrender his passport, and give undertakings not to leave the jurisdiction or seek new travel documents.
The case would be mentioned before the High Court next Wednesday, when it is likely to be further adjourned. Mr Bailey, the judge added, would not have to attend next week’s hearing.
The court heard the warrant seeking Mr Bailey’s arrest was endorsed by Mr Justice Peart at the High Court on Friday afternoon.
The judge endorsed the warrant after lawyers from the Chief State Solicitor’s Office presented the court with the original warrant issued by French magistrate Judge Patrick Gachon last month.
Previously Mr Justice Peart had asked for the original warrant having expressed concerns about the legality of endorsing a copy of the warrant.
Following yesterday’s brief hearing Mr Bailey’s solicitor, Frank Buttimer, declined to comment.
Toscan du Plantier was the wife of renowned French film producer Daniel Toscan du Plantier, who died in February 2003.