Narain, A. v. Director of Public Prosecutions & Ors [1986] FCA 393

CATCHWORDS

EXTRADITION - to New Zealand - relevance of strength of prosecution case - lack of definition of accusation - admissibility of evidence of prosecution case - onus of proof - absence of evidence from prosecution - effect of amendment of statute - relevance of authorities on interstate extradition within Australia - what can be "any other reason" for refusal of extradition.

Extradition (Commonwealth Countries) Act, 1966 5s.24, 25, 26, 27, 28 Extradition (Commonwealth Countries) Amendment Act 1985 Service and Execution of Process Act 1901 s.18(6)

Amrit Lal Narain v. Director of Public Prosecutions & Ors. NSW G367 of 1986

PINCUS J. BRISBANE 17 SEPTEMBER 1986

IN THE FEDERAL COURT OF AUSTRALTA }

NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G367 of 1986 GENERAL DIVISION )

BETWEEN: AMRIT LAL NARAIN

Applicant AND: DIRECTOR OF PUBLIC PROSECUTIONS

BRUCE ADAM CURRIE

DAVID KITCHENER HYDE

Respondents MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 17 SEPTEMBER 1986 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. As to the Warrant for Surrender under sub-section

26(5) of the Extradition (Commonwealth Countries) Act 1966 issued by the third respondent in respect of the applicant as a person accused of the offence of unlawfully detaining Nell Grace Armitt ina garage pit at 182 West Street, without her consent, with intent to cause her to be confined against the law of New Zealand - it 1s ordered that the said warrant and the order for surrender contained therein be set aside.

2. The application be otherwise dismissed. 3. No order as to costs. NOTE: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) N.5.W. G367 of 1986 GENERAL DIVISION )

BETWEEN: AMRIT LAL NARAIN Applicant AND: DIRECTOR OF PUBLIC PROSECUTIONS