IAN BAILEY HAS won his Supreme Court appeal against being extradited to France to be questioned about the murder of Sophie Toscan du Plantier.
Toscan du Plantier was murdered near her holiday home in Schull, in West Cork, more than 15 years ago.
Bailey, a former journalist, denies any involvement in her murder.
According to Supreme Court documents released today, under Irish law, section 21A of the European Arrest Warrant Act, 2003, as amended, ensures people are not surrendered for the purposes of investigation.
A Court shall refuse to surrender a person if it is satisfied that a decision has not been made to charge the person and, in Bailey’s case, try him for the offence of murder of Mme Toscan du Plantier.
Chief Justice Susan Denham states:
[I]t is clear that a decision has been made equivalent to charge the appellant [Ian Bailey]. However, no further decision has been made. The appellant is sought for a criminal investigation, for the investigation procedure in France, and no decision has yet been made in France to try him for the murder. Consequently, he may not be surrendered in accordance with section 21A of the Act of 2003, as amended.
Bailey has been fighting a High Court order for his extradition to France, where authorities want to question him over the murder.
The court ruled in March 2011 that he should be extradited. Bailey then appealed the decision to the Supreme Court.
French detectives arrived in Cork in October 2011 as part of their investigation into Toscan du Plantier’s death, where they were joined by two forensic scientists.
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