The Mudcat Café TM
Thread #142561   Message #3287480
Posted By: The Sandman
09-Jan-12 - 08:36 AM
Thread Name: BS: corpse found on the queen's estate
Subject: RE: BS: corpse found on the queen's estate
"But what you must understand is that, once we're sure we're not involved - we Brits do enjoy a good murder,"
not if your name is Ian Bailey, his life has been ruined.the irish DPP, DECIDED THERE WAS INSUFFICENT EVIENCE TO PROSECUTE .we have a sytem called innocent until proved guilty, the french have a system guilty until proved innocent
    Bailey is wanted in France in connection with the death of French filmmaker Sophie Toscan du Plantier in Cork 14 years ago.

His lawyers had argued that the High Court decision to extradite him raised questions of exceptional public importance and set a precedent which could affect every Irish citizen.

A formal order for the detention and surrender of Mr Bailey was made at the High Court this morning. However the order has been put on hold pending the outcome of the Supreme Court appeal, which must be lodged by Friday next.

Mr Justice Michael Peart agreed that one of three questions raised during Mr Bailey's appeal application was of exceptional public importance.

The judge said the question related to France seeking to exercise extra territorial jurisdiction where the offence has been committed here and in circumstances where the Director of Public Prosecutions had decided not to prosecute.

At a previous hearing, Mr Bailey's lawyers said the decision to extradite him was unprecedented and should be considered by the Supreme Court.

They said the multi-judge Supreme Court should be given an opportunity to consider it as the law in the area was not settled.

Mr Bailey's application for an appeal was based on the interpretation of parts of the European Arrest Warrant Act 2003 and the Criminal Justice (Terrorist Offences) Act of 2005.

Senior Counsel Martin Giblin said every Irish citizen was affected by the decision.

Mr Giblin said Irish people may now be viewing Europe in a very different light and could be unaware of the provisions of European Arrest Warrant Act.

On the current interpretation by the High Court, he said any Irish citizen involved in a traffic accident with a French tourist could be 'shipped off' to France for prosecution if the DPP here decides not to prosecute.

'Every citizen is in the firing line,' he said.

He said the Irish State's obligation to surrender citizens under European agreements had to compete with the rights of a person and in many cases the rights of the person could superseded the international obligation.

Counsel for the State Robert Barron said the application by Mr Bailey did not raise points of exceptional public importance but applied only to the facts of this case.

He said the same set of circumstances were unlikely, if ever, to arise again. He said the application was an attack on the European Arrest Warrant system and the French republic.

Outside the court, Mr Bailey's solicitor Frank Buttimer claimed the du Plantier family are misguided in their view his client had anything to do with their daughter's death.

'I'm satisfied he is innocent,' said Mr Buttimer.

'I have looked at this case from every particular point of view that I can.

'I believe, and I've said it publicly, he's been targeted, he's been selected and he continues to be selected as the person who committed the crime which he did not.

'He has had an extremely difficult life since this crime and since he's been associated with it.

'He has had to tolerate this situation for all those years.'