Prevato, L.W. v The Governor Metropolitan Remand Centre & Ors Prevato, L.W. v R.P. Miszalski & Anor [1986] FCA 13

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HWORDS

EXTRADITION - Review of decision of magistrate to commit fugitive to prison to await warrant for surrender to Republic of Italy - Alleged offences committed in 1975 and 1980 in course of campaign of opposition to school selection system - Powers of court reviewing magistrate's decision - Meaning of requirement in extradition Treaty that offences be "punishable" by not less than two years imprisonment - Admissibility in extradition proceedings of statements made by co-accused persons - Whether evidence in relation to charge of malicious damage showed necessary criminal intent - Admissibility, on tender by fugitive, of subsequent statements

made by prosecution witnesses retracting or qualifying

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nee relied on by prosecution - Admissibility of statement optained as result of improper or unlawrul questioning -

Whether prima facie case against fugitive in respect of each

- Whether chis formula involves consideration of

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putting fugitive on trial - Relevance cf fact that evidence against fugitive is from accomplices in determining whether a jury "would not be likely to convict" the fugitive at a trial in New South Wales - Whether offences charged against fugitive are "offences of a political character" - Entitlement of magistrate to consider this

question.

be

int

Extradition iFore1an States) Act 1966 ss.13, 15, 16, 17, 18, 182, 26 Extradition (Republic af Italy) Recuiations Treaty cf Extradition between Australia and the Republic of staly Arts.11, ¥(2), ¥I(1) Administrative Decisions (Judicial Review) Act 1377 ss.5, ll, 15, 16 Justices Act 1902 (NSW) 5.41 Bedaood v Keener of Her Maiesty's Penitentiary at Malabar £i975] 2 NSWLR 144, Cariin v Chidkhunthod (13 November 1985, nov reported), | Rv Baskerville £1916] 2 KB 658, In re Castioni C1891] 1 QB 149 applied. Riler and Butler Vv Commonwealth of Australia (1983) 50 ALR 592 (Fox J.), (1984) ALR 249 (Full Federal Court), i9 December 1985 (Hich tourt. not yet reported), Alpaslan Vv Minister for Immicration and Ethaie Affairs 'unreported Gray o., 16 July 1985), Puharka v Webb £19823] 2 NSWLR 31, Fov ireland (1870) 126 CLR 321, Bunning v Cross (1978) 141 CLR 54, Cieland v The Queen (1982) 151 CLR 1, Tripodi v The Queen (1361) 104 CLR 1, Rv Freeman (25 October 1285, New South Wales Court of Criminal Appeal, not reported), m v Governor of Brixton Prison; ¢x parte Schtraks £19643 AC 556, Beese v