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Thread: Ian Bailey extradition case adjourned to consider 'new material'

  1. #346
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    The Irish State has now agreed to co-operate with the French investigation.

    A trial of Bailey is likely to go ahead in his absence, in France.

    The French system is adversarial, with a State Prosecutor. A conviction is therefore quite likely, if there is no defence.

    If that happens, then the Toscan du Plantier family will seek an extradition.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  2. #347
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by C. Flower View Post
    The Irish State has now agreed to co-operate with the French investigation.

    A trial of Bailey is likely to go ahead in his absence, in France.

    The French system is adversarial, with a State Prosecutor. A conviction is therefore quite likely, if there is no defence.

    If that happens, then the Toscan du Plantier family will seek an extradition.
    Just to note in passing that several young Irish people were murdered or are missing presumed dead in France in cases going back to the 1980s, there has been very little media publicity around these cases by contrast to the du Plantier murder.

    http://www.irishtimes.com/culture/be...ustice-1.48719

  3. #348
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    French investigators arrived in Ireland yesterday and are based at Bandon Garda station, according to the Evening Echo. They want to interview 20 potential witnesses.

  4. #349
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by PaddyJoe View Post
    French investigators arrived in Ireland yesterday and are based at Bandon Garda station, according to the Evening Echo. They want to interview 20 potential witnesses.
    Could be interesting, Boucher Hayes has been pointing to the sighting by a credible witness of the victim with a tall dark man when leaving the airport (at a petrol station) on arrival from France, a couple of days before she was killed.

    The police apparently made little or no attempt at finding out who he was. Perhaps the French will have a go.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  5. #350
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Why is Hedigan dealing with the Jules Thomas case? He's already presided over Bailey's most recent case and has been appointed to preside on the Garda/DOJ case against the Phoenix.
    Telling that he wants to shorten or strike it out as quickly as possible. Doesn't say much for his impartiality, does it?

    Ian Bailey’s partner Jules Thomas claims she has suffered psychiatric illness and “incalculable” damage due to alleged actions by gardaí and the State concerning the investigation into Sophie Toscan du Plantier’s murder.Mr Justice John Hedigan on Tuesday granted an application by the State for a preliminary hearing of issues which, if decided against Ms Thomas, may either completely halt, or shorten, her civil action for damages, brought on grounds including alleged wrongful arrest of her in connection with the murder, false imprisonment, conspiracy and terrorising behaviour.
    Having dealt with Mr Bailey’s separate case over 64 days earlier this year, the judge said he believed anything that can be done to shorten or even fully strike out Ms Thomas’ case at an early stage should be done. That was in everyone’s interests, including Ms Thomas, as the proceedings caused “enormous” trauma and strain on her and the defendants.
    http://www.irishtimes.com/news/crime...ment-1.2380823

  6. #351
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Hedigan asked to recuse himself once again.

    Lawyers for Ian Bailey’s partner Jules Thomas are to ask a High Court judge to stop dealing with matters in her case due to alleged objective bias on the judge’s part.Michael Lynn SC, for Ms Thomas, told Mr Justice John Hedigan he was instructed to ask the judge to recuse himself from further dealing with matters in Ms Thomas’ action for damages, brought against the Garda Commissioner and State arising from her arrests in connection with the late 1996 murder in west Cork of French film-maker Sophie Toscan du Plantier.
    Mr Lynn said the recusal application was on grounds of objective bias only and arose from comments previously made by the judge.
    Mr Justice Hedigan, who has presided over all matters in Ms Thomas’ case as well as in Mr Bailey’s own failed lengthy civil action for damages, said he did not take the recusal application personally and will deal with it on Wednesday. While he had no problem passing the case over to another judge, he was familiar with matters having managed the proceedings for some two years, the judge observed. It would “take a lot of persuasion” to show something said during these long running matters required him to recuse himself and his mind was “open”.
    He has a duty as a High Court judge to ensure cases run as efficiently as possible and it might be more time consuming if the case was now to be managed by another judge, he added.
    The court heard the Phoenix magazine has also appealed the judge’s refusal to recuse himself from dealing with proceedings by the Garda Commissioner and State alleging contempt in relation to articles published before and after Mr Bailey’s action.
    http://www.irishtimes.com/news/crime...case-1.2414115

  7. #352
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    As expected....

    Cork-based artist Jules Thomas has failed in her effort to have a different judge take over the case management of her action for damages against An Garda Síochána and the State.
    Her concerns relate to comments made by Judge Hedigan during earlier preliminary proceedings.Mr Lynn said the judge's comments that "having dealt with the Bailey case anything that could be done to shorten, truncate or strike out the case ought to be done."
    Mr Lynn said the judge's referral to the length of the Bailey case and the need to avoid another lengthy case would give rise to the possibility that she would not receive a fair hearing.
    He said she was entitled to a full and fair hearing unencumbered by a pre-determination about the nature of the trial.
    He said a reasonable person having heard the comments might form a similar view. This, he said, was the test to be applied for objective bias, on which the application to recuse was grounded.
    Mr Lynn said a judge was obliged to err on the side of caution and ensure justice must be seen to be done.
    He said in light of the comments a reasonable person would have the apprehension that there was a desire to shorten, truncate or even strike out the action.
    He also said the judge had commented that Ms Thomas' attempt to amend her proceedings at this stage would be a "mighty high hurdle".
    This afternoon Judge Hedigan refused the application and said she had failed to establish that as a result of comments made in court that any reasonable person might reasonably doubt that she had the possibility a fair and independent hearing.The judge said his comments about the need to avoid a repeat of the lengthy trial as happened in the Bailey case was obvious.
    He said in his comments about the need to shorten or truncate the trial he twice used the words "if possible".
    His statement about the application to amend her pleadings eight years on being a mighty hurdle was also stating the obvious, he said.
    http://www.rte.ie/news/2015/1104/739...mas-new-judge/

  8. #353
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Well, the case against Bailey in France is going ahead, entirely based on the evidence that went to the DPP in Ireland.

    Given that the DPP's attitude appeared to me to based on the notion that Bailey was an educated man in a suit and the West Cork Gardaí only hicks, I would not be surprised if the French take a different view.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  9. #354
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by C. Flower View Post
    Well, the case against Bailey in France is going ahead, entirely based on the evidence that went to the DPP in Ireland.

    Given that the DPP's attitude appeared to me to based on the notion that Bailey was an educated man in a suit and the West Cork Gardaí only hicks, I would not be surprised if the French take a different view.
    Yes, probably The body was outside for 24hrs + 'cos no State Pathologist available. Local plods didn't even cover it immediately. Word is the accused was seen around the site a few times, in his role as journo. Plenty for the French to question.

    My constant question, who is paying the legal fees? Us?

  10. #355
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Quote Originally Posted by barrym View Post
    Yes, probably The body was outside for 24hrs + 'cos no State Pathologist available. Local plods didn't even cover it immediately. Word is the accused was seen around the site a few times, in his role as journo. Plenty for the French to question.

    My constant question, who is paying the legal fees? Us?
    My understanding is that Bailey is not going to the trial (which makes a conviction more likely, perhaps) and I assume that the French system which is adversarial prosecution by the State will afford him some kind of representation ? or maybe not ? He certainly has no money himself, by his own account.

    He didn't go to bed that night, and had scratches on his face and arms. He was known to be violent to women. He gave explanations for these things, but I guess that was enough for the Gardai to make up their minds.

    To my mind, surely if he had killed her he would have been less, not more likely to visit the scene the next day ? Unless it was shown that he had knowledge of the event before anyone else told him, it's not really evidence of anything.

    I believe there was some material gathered for forensic examination but DNA testing results were said to be inconclusive.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

  11. #356
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Just to keep us up to date-
    https://www.irishtimes.com/news/crim...cork-1.3367377

    The French investigators seem to have turned over some stones....

  12. #357
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Interesting development and fair play to Hamilton for speaking out publically.

    https://www.independent.ie/irish-new...-36582792.html
    Last edited by pluralist; 08-02-2018 at 08:58 PM.
    "If you go far enough to either extreme of the political spectrum, Communist or fascist, you'll find hard-eyed men with guns who believe that anybody who doesn't think as they do should be incarcerated or exterminated. " - Jim Garrison, Former DA, New Orleans.

  13. #358
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    Inevitable, the French see the whole thing as a cockup by an incompetent third world country.

    OTOH, where did those bits about the irish journo phone call and the question of whether Baily had met her on not, come from?

    Is the podcast of French origin? I thought it was a US thing.

  14. #359
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    Default Re: Ian Bailey extradition case adjourned to consider 'new material'

    For those following this case, interesting to note that Ian Bailey has for the first time, via the French legal system, had sight of the Garda forensic report, and he is saying that the DNA of another person, neither Sophie Toscan du Plantier nor himself, was found at the scene.

    https://www.msn.com/en-ie/news/newsi...id=mailsignout
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

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