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Ian Bailey to appeal case against gardai

September 17th, 2015 10:02 AM

By Southern Star Team

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Ian Bailey is to appeal his unsuccessful civil action against the gardai and the State. Ian Bailey is to appeal his unsuccessful civil action against the gardai and the State. Ian Bailey is to appeal his unsuccessful civil action against the gardai and the State. Ian Bailey is to appeal his unsuccessful civil action against the gardai and the State. Ian Bailey is to appeal his unsuccessful civil action against the gardai and the State.

The French authorities have issued an international arrest warrant for mature law student Ian Bailey from West Cork in relation to the unlawful killing of Sophie Toscan du Plantier in December, 1996 at Toormore near Schull. (Photo: Billy macGill)BY JACKIE KEOGH

IAN Bailey is to appeal his unsuccessful civil action against the gardai and the State.

Mr Bailey – who lives at the Prairie, Schull – sued the over claims that the gardai attempted to frame him for the murder of Frenchwoman Sophie Toscan du Plantier at Toormore in December 1996.

He sued and lost when the case – which lasted 64-days in the High Court – was dismissed in March. A subsequent order for costs, which have yet to be fully determined, but are believed to be in the millions, was made against Mr Bailey.

But by bringing his case to the Court of Appeal – a case that is not likely to be heard until early to mid-2016 – it will mean that there is an effective stay on the costs, because an appeal renders costs unenforceable, pending an appeal.

The costs cover more than a decade of legal expenses, including the lodging of Mr Bailey’s civil action in 2007.

Like Mr Bailey, his partner Jules Thomas, also of the Prairie, Schull, is seeking to sue the gardai and the State for wrongful arrest and a hearing in the High Court later this year will consider a State submission that Ms Thomas’s claim is statute-barred – an assertion that she is, effectively, out of time.

The French authorities have issued an international arrest warrant for mature law student Ian Bailey from West Cork in relation to the unlawful killing of Sophie Toscan du Plantier in December, 1996 at Toormore near Schull. (Photo: Billy macGill)BY JACKIE KEOGH

IAN Bailey is to appeal his unsuccessful civil action against the gardai and the State.

Mr Bailey – who lives at the Prairie, Schull – sued the over claims that the gardai attempted to frame him for the murder of Frenchwoman Sophie Toscan du Plantier at Toormore in December 1996.

He sued and lost when the case – which lasted 64-days in the High Court – was dismissed in March. A subsequent order for costs, which have yet to be fully determined, but are believed to be in the millions, was made against Mr Bailey.

But by bringing his case to the Court of Appeal – a case that is not likely to be heard until early to mid-2016 – it will mean that there is an effective stay on the costs, because an appeal renders costs unenforceable, pending an appeal.

The costs cover more than a decade of legal expenses, including the lodging of Mr Bailey’s civil action in 2007.

Like Mr Bailey, his partner Jules Thomas, also of the Prairie, Schull, is seeking to sue the gardai and the State for wrongful arrest and a hearing in the High Court later this year will consider a State submission that Ms Thomas’s claim is statute-barred – an assertion that she is, effectively, out of time.

The French authorities have issued an international arrest warrant for mature law student Ian Bailey from West Cork in relation to the unlawful killing of Sophie Toscan du Plantier in December, 1996 at Toormore near Schull. (Photo: Billy macGill)BY JACKIE KEOGH

IAN Bailey is to appeal his unsuccessful civil action against the gardai and the State.

Mr Bailey – who lives at the Prairie, Schull – sued the over claims that the gardai attempted to frame him for the murder of Frenchwoman Sophie Toscan du Plantier at Toormore in December 1996.

He sued and lost when the case – which lasted 64-days in the High Court – was dismissed in March. A subsequent order for costs, which have yet to be fully determined, but are believed to be in the millions, was made against Mr Bailey.

But by bringing his case to the Court of Appeal – a case that is not likely to be heard until early to mid-2016 – it will mean that there is an effective stay on the costs, because an appeal renders costs unenforceable, pending an appeal.

The costs cover more than a decade of legal expenses, including the lodging of Mr Bailey’s civil action in 2007.

Like Mr Bailey, his partner Jules Thomas, also of the Prairie, Schull, is seeking to sue the gardai and the State for wrongful arrest and a hearing in the High Court later this year will consider a State submission that Ms Thomas’s claim is statute-barred – an assertion that she is, effectively, out of time.

The French authorities have issued an international arrest warrant for mature law student Ian Bailey from West Cork in relation to the unlawful killing of Sophie Toscan du Plantier in December, 1996 at Toormore near Schull. (Photo: Billy macGill)BY JACKIE KEOGH

IAN Bailey is to appeal his unsuccessful civil action against the gardai and the State.

Mr Bailey – who lives at the Prairie, Schull – sued the over claims that the gardai attempted to frame him for the murder of Frenchwoman Sophie Toscan du Plantier at Toormore in December 1996.

He sued and lost when the case – which lasted 64-days in the High Court – was dismissed in March. A subsequent order for costs, which have yet to be fully determined, but are believed to be in the millions, was made against Mr Bailey.

But by bringing his case to the Court of Appeal – a case that is not likely to be heard until early to mid-2016 – it will mean that there is an effective stay on the costs, because an appeal renders costs unenforceable, pending an appeal.

The costs cover more than a decade of legal expenses, including the lodging of Mr Bailey’s civil action in 2007.

Like Mr Bailey, his partner Jules Thomas, also of the Prairie, Schull, is seeking to sue the gardai and the State for wrongful arrest and a hearing in the High Court later this year will consider a State submission that Ms Thomas’s claim is statute-barred – an assertion that she is, effectively, out of time.

The French authorities have issued an international arrest warrant for mature law student Ian Bailey from West Cork in relation to the unlawful killing of Sophie Toscan du Plantier in December, 1996 at Toormore near Schull. (Photo: Billy macGill)BY JACKIE KEOGH

IAN Bailey is to appeal his unsuccessful civil action against the gardai and the State.

Mr Bailey – who lives at the Prairie, Schull – sued the over claims that the gardai attempted to frame him for the murder of Frenchwoman Sophie Toscan du Plantier at Toormore in December 1996.

He sued and lost when the case – which lasted 64-days in the High Court – was dismissed in March. A subsequent order for costs, which have yet to be fully determined, but are believed to be in the millions, was made against Mr Bailey.

But by bringing his case to the Court of Appeal – a case that is not likely to be heard until early to mid-2016 – it will mean that there is an effective stay on the costs, because an appeal renders costs unenforceable, pending an appeal.

The costs cover more than a decade of legal expenses, including the lodging of Mr Bailey’s civil action in 2007.

Like Mr Bailey, his partner Jules Thomas, also of the Prairie, Schull, is seeking to sue the gardai and the State for wrongful arrest and a hearing in the High Court later this year will consider a State submission that Ms Thomas’s claim is statute-barred – an assertion that she is, effectively, out of time.

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