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Irish Mirror
Irish Mirror
National
Press Association & Tess De La Mare

Ian Bailey's French trial over murder of Sophie Toscan du Plantier to be decided in a 'matter of days'

The trial of Ian Bailey in France will be different from anything he would have faced had he been prosecuted in Ireland.

Instead of a trial lasting weeks and decided by 12 jurors, the complicated murder case is due to be decided in a matter of days by a judge and two professional magistrates at the Cour d'Assises in Paris - the region's highest criminal court.

In France, the victim's family have the right to instruct their own lawyers to interrogate witnesses and examine evidence alongside lawyers for the defence.

Bailey has repeatedly branded the case in Paris a "show trial" and it is understood that no-one from his legal team will attend.

Instead of seeking a conviction at all costs, the public prosecutor is supposed to work in the interests of the law and the interests of the people of France and examine the facts of the case as the trial progresses.

If, by the end of the trial, they are convinced of the defendant's guilt, the public prosecutor must explain why and what they think the sentence should be.

Sophie Toscan du Plantier (PA)

But, if they decide a defendant is innocent, they can call for them to be acquitted.

Once they have heard all the evidence, the judge and two presiding magistrates retire to a private room and are not allowed to leave until they have decided their verdict - even if that means sitting long into the night.

Bailey said in a recent Guardian interview that he would "almost certainly" be convicted and those used to the Irish or UK legal system might be alarmed that he could face up to 30 years in prison after a trial of only four days.

But it is easier to look at this week's case as just another step in France's battle to force Ireland to comply with a European arrest warrant and extradite Bailey.

If he were to be extradited, the whole process would start again and Bailey would be re-tried by a jury of six people and three judges with the opportunity for him to mount a defence.

It is unusual for a defendant to be tried in their absence for a crime committed in another country, but will be done when the French feel they have no alternative.

In recent years, terrorists who have travelled to foreign conflicts whom the French authorities have been unable to extradite have often been tried in their absence.

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