Decision over Bailey extradition this month
The High Court will decide later this month whether it will formally approve a warrant seeking Ian Bailey's extradition to France for the murder of Sophie Toscan du Plantier.
It is the third time French authorities have sought Mr Bailey's surrender in relation to the death of Ms du Plantier, who was found dead outside her holiday home in Schull in December 1996. Extradition proceedings cannot begin in Ireland until the High Court endorses the French warrant.
Mr Bailey, of Liscaha, Schull, west Cork, was convicted of murder in his absence in a Paris court earlier this year. The three-judge Cour d'Assises in Paris imposed a 25-year prison sentence on him.
The 62-year-old Englishman denies any involvement in the mother-of-one's death.
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Robert Barron SC, counsel for Justice Minister Charlie Flanagan, said it was the minister's practice to draw the court's attention to matters that might prohibit surrender.
He said the minister would "more or less" be asking the court not to endorse the warrant on the basis that it was prohibited by the Supreme Court's finding on "extraterritoriality" in 2012. The Supreme Court refused to extradite Mr Bailey in 2012 because the alleged offence was committed outside French territory.
Counsel for Mr Bailey, Ronan Munro SC, said his client would be asking the court not to endorse the warrant as it would result in his liberty being curtailed.
Mr Justice Donald Binchy said he would adjourn endorsing the warrant to allow both sides make legal submissions.