State lawyer Robert Barron told the court: “We have before the court a European arrest warrant (EWA) issued by the French Republic … At first glance, there is an obligation to execute or hand Mr. Bailey over to France. ”
He said: “There is great public interest in his surrender. Mr. Bailey is a man who has been suspected of this murder for 24 years, he has been the subject of Garda investigations, his alleged involvement has been examined by the director of public services Prosecutions and has been arrested twice for of the execution of the EWA. ”
Justice Paul Burns reserved his judgment and said he would make his decision on October 12.
He added that there were difficult questions and a lot of subjects to consider regarding different aspects of the law.
Barron said these questions are “important and important considerations” for the judge to consider.
He told the court that despite Mr Bailey’s ongoing legal battles, Ireland had become a safe haven for him.
Mr Barron said: ‘Ireland has become a safe haven in a strange way for Mr Bailey as he cannot travel outside Ireland to anywhere in the European Union at risk to be arrested.
“He did not surrender to the French authorities. We are in a situation where the French authorities and Du Plantier’s family believe they have not done justice. ”
Judge Paul Burns suggested to the court that Mr. Bailey feared that if he left his home in Ireland he would risk being arrested again and having another legal file to add to the existing file.
Barron said he sympathized with Mr. Bailey for missing his mother’s funeral in 2013 because he could not travel, but wondered how that amounted to an abuse of process, as pointed out by Mr. Bailey’s defense.
Ronan Munro told the High Court on Thursday that another attempt to extradite his client was “abuse of process”.
He said the court should “put an end to this” and let Mr. Bailey go on with his life and allow the Gardaí to continue their work.
He told the court that the French authorities were paying “little attention” to the detrimental effects and the impact on Mr Bailey.
Summing up on Friday, Munro said Barron had suggested referring the matter to Europe, but argued that initiating new lawsuits after 23 years against Bailey “would be on the verge of persecution ”.
Bailey, 63, was arrested last year after a High Court judge approved an EAW issued by the French authorities.
He is wanted in France for the murder of Mme Toscan du Plantier in Schull, Co Cork, in December 1996.
Bailey, having an address at The Prairie in Schull, was convicted of murder in his absence by a Paris court in May of last year.
The court of three judges imposed a sentence of 25 years.
He had no legal representation for the case, did not appear in court and at the time called it a farce.
He denies any involvement in the death of the Frenchwoman.
Oscar-nominated director Jim Sheridan attended each day of the hearing as he directed a documentary on Mr. Bailey.