A dob in the eye for Johnny Frog..

The wretched European Arrest Warrant has just had a big set-back for the French.

It happened thus.

In 1996, a French woman was murdered in Ireland.

The Gardai arrested one Ian Bailey, an English journalist, but the Irish DPP decided that there was not a shred of evidence against him.

Last year, the French authorities issued an EWA against Bailey even though no crime had been committed in the French jurisdiction and despite the fact that no charge was brought. Astonishingly, a lower court granted the EWA. Mr Bailey not unnaturally appealed.

The Irish Supreme Court has now ruled in Mr Bailey’s favour; here is the report of the judgment:

All five judges upheld Mr Bailey's argument that his extradition should be refused on the ground there is no actual intention by the French authorities to "try" him at this stage, as required by the European Arrest Warrant Act 2003 which implemented the European Framework Decision on Extradition.

The Chief Justice, Ms Justice Susan Denham, said it was clear from the facts of the case, including a document from the French prosecuting authorities which was only provided to the court in January during the appeal hearing, that while a decision had been made in France equivalent to charging Mr Bailey, that did not incorporate a decision to "try" him for murder.

Four of the judges also upheld Mr Bailey's argument that Section 44 of the European Arrest Warrant Act 2003 prohibits surrender because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence when committed outside its territory by a non-Irish citizen.

Not much doubt about that, then.

There are serious allegations that Mr Bailey was ‘fitted-up’ by the Gardai, and he is suing. This will run and run!

Scarcely had I written this when up pops another scandalous case.

The Portuguese have served an EWA on one Graham Mitchell for murder 16 years ago.

Two things are wrong.

No murder was ever committed.

And Mr Mitchell was acquitted of the real offence, assault on a German tourist, after spending a year on remand.

I was under the impression that an EWA could not be served when the offence had already been tried; this is what allowed an Afro-German doctor to escape a manslaughter charge in the UK when he overdosed a patient on his first shift and the scarpered back to Germany, where he was fined!

Perhaps they make it up as they go along.