The High Court has cleared the way for the extradition of Ian Bailey to France.
Mr Bailey is wanted by French authorities in connection with the killing of Sophie Toscan Du Plantier in Cork in 1996.
The 53-year-old from the Prairie, Schull, Co Cork, was arrested during the garda investigation into the French woman's death but was never charged.
The French authorities later sought his extradition. He has always denied any involvement in the killing.
Mr Justice Michael Peart said he was satisfied he was required to make an order for the surrender of Mr Bailey to the French authorities.
Lawyers for Mr Bailey had argued that his extradition was prevented under the Extradition Act because the offence was committed outside France.
However, the judge ruled against the objection and said there was nothing in the Extradition Act prohibiting his surrender to the French authorities on these grounds.
Mr Bailey had also contended that he could not be extradited for the purpose of an investigation only but that instead the French authorities must make a decision to prosecute.
Mr Justice Peart said he was satisfied that the European Arrest Warrant was issued with the intention of bringing proceedings.
The DPP's decision not to prosecute him was ‘immaterial’ to this objection, the judge said.
He also ruled that any comfort Mr Bailey may have derived from the DPP's decision not to prosecute did not confer upon him a right or privilege to the effect that he could not be surrendered to France.
He also rejected arguments that Mr Bailey had been denied a right to fair procedures and said a vital distinction in this case was the fact that he DPP could re-open the case if new evidence became available.
The judge also said there was no ‘cogent or compelling’ evidence that Mr Bailey would not receive a fair trial if surrendered to France.
Mr Justice Peart postponed making a formal order to extradite Mr Bailey until next Tuesday to give him time to read the judgment and consider lodging an appeal.
Ms Toscan du Plantier, 39, was found dead outside her holiday home at Toormore, near Schull in west Cork, two days before Christmas 1996.
