Sophie Tuscan Du Plantier Case

censuspro

For those of you old enough to remember the case, wasnt the Garda file on this handed over to French authorities last year?

Even if French police came up with something, how could they prosecute if it's outside their jurisdiction?

Shield

Moved to Legal Discussion with redirect.

McCrack

I am assuming (I might be wrong) that the French authorities have a suspect/s living in France. If sufficient evidence is gained over there the file will be handed back to the Garda for them to seek extradition under the European Arrest Warrant Act 2003 to have that person/s charged and tried in this jurisdiction.

Jimbo

McCrack wrote: »

I am assuming (I might be wrong) that the French authorities have a suspect/s living in France. If sufficient evidence is gained over there the file will be handed back to the Garda for them to seek extradition under the European Arrest Warrant Act 2003 to have that person/s charged and tried in this jurisdiction.

I don't think so.


French laws allow them to investigate suspicious murder cases which happened outside their jurisdiction.

The descion to hand over the file to the French authorities had to be made by a judge here.

Our man in Havana

Therefore the French could try a person in France for a murder committed here.

McCrack

That's interesting. I am aware that Ireland has reciprocal prosecution rights with N.I and G.B. but I didnt know it might apply to other European countries, if anybody could point to Irish or European legislation on this I'd be grateful.

Bren1609

Interesting to see how that would pan out. Would a witness be summonsed to France to give evidence?

Victor

Jimbo wrote: »

French laws allow them to investigate suspicious murder cases which happened outside their jurisdiction.

Aren't all murders considered suspicious? :pac:

censuspro

Realistically what are the chances of Bailey being extradicted and what exactly is it that the French authorities feel that the could prove that the Gardai could not.

seamus

censuspro wrote: »

Realistically what are the chances of Bailey being extradicted and what exactly is it that the French authorities feel that the could prove that the Gardai could not.

The French just have to obtain a European Arrest Warrant in order to have Bailey extradited.

Unlike non-EU extraditions, the strength of the French authorities' case is irrelevant because it's assumed (by way of treaty) that Bailey will receive a fair trial in France.

As the link says above, there are only a couple of reasons why an EAW can be turned down, none of which I think can apply to Bailey.

As to what the French authorities think they have which the Irish authorities don't, I've no idea.

Our man in Havana

You never know how the Supreme Court would deal with it.

Tom Young

This is shut. This is back before the Courts on Wednesday. Sorry folks.