Coletti, M. v. Director of Public Prosecutions [1988] FCA 96

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 192 of 1988

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"GENERAL DIVISION

BETWEEN: MASSIMO COLETTI - ' Appellant AND: DIRECTOR OF PUBLIC PROSECUTIONS Respondent CORAM: Davies J. DATE: 26 February 1988 PLACE: Sydney

REASONS FOR JUDGMENT EX TEMPORE

This is a review of a decision of Mr K.P. Quinn, Stipendiary Magistrate, made under s.25 of the Extradition (Commonwealth Countries) Act 1966 (Cth)("the Act"). The appeal is brought under s.28 of the Act. Sub-section (3) provides:-

"The review of the order shall be by way of rehearing, and evidence in addition to, or in substitution for the evidence given on the making of the order may be given on or in connexion with the review."

Part III of the Act, in which these provisions appear, deals with extradition to and from New Zealand. This part of the Act does not require that there be proof of a prima facie case

that the accused - or "fugitive" as he is called in the Act - has

committed the offence for which the extradition to New Zealand is

sought.

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2. As to compliance with the matters of a technical nature which the Act specifies - matters such as the issue in New Zealand by a judge or other duly authorized person of a warrant for the arrest of the fugitive - the onus of proof thereof is, I take it, on the

party seeking the extradition.

However, that 1s not the only matter which may be raised under the part. Section 27 provides that the fugitive may show reasons such as the trivial nature of the alleged offence or that the accusation against the fugitive was not made in good faith or that the passage of time since the commission of the offence has been unduly long and otherwise why it would be unjust, oppressive or too severe a punishment to surrender the person to New

Zealand.

I take the words "any other reason" in s.27 to encompass every reason which, as a matter of logical rationality, may show it to be unjust or oppressive or too severe a punishment to extradite the fugitive to New Zealand. I take those words to encompass the ground that the fugitive would have no case to