Rahardja v Republic of Indonesia [1999] FCA 1413

FEDERAL COURT OF AUSTRALIA

Rahardja v Republic of Indonesia [1999] FCA 1413 EXTRADITION – bail application pending appeal from decision of Magistrate that the applicant is eligible for extradition to the Republic of Indonesia – requirement of special circumstances – discretion – applicant alleged to have committed offences concerning Indonesian banking law – seriousness of alleged offences – risk of absconding

Extradition Act 1988 (Cth) ss 7, 15, 19, 21, 22, 34 Extradition (Republic of Indonesia) Regulations 1994 (Cth) reg 5 Extradition Treaty Between Australia and The Republic of Indonesia Article 9(2) Prabowo v Republic of Indonesia (1995) 61 FCR 258, distinguished Bertran v Minister for Justice (1999) 165 ALR 155, followed Schoenmakers v Director of Public Prosecutions (1991) 30 FCR 70, cited Schoenmakers v Director of Public Prosecutions (1991) 105 ALR 273, cited Holt v Hogan (No 1) (1993) 44 FCR 572, cited Kainhoffer v Director of Public Prosecutions (1993) 48 FCR 9, cited Bannister v New Zealand [1999] FCA 362, distinguished HENDRA RAHARDJA v THE REPUBLIC OF INDONESIA N 1098 OF 1999

TAMBERLIN J SYDNEY 15 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1098 OF 1999

BETWEEN: HENDRA RAHARDJA

Applicant

AND: THE REPUBLIC OF INDONESIA

Respondent

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for bail is dismissed. 2. The applicant is to pay the respondent's 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 1098 OF 1999

BETWEEN: HENDRA RAHARDJA

Applicant

AND: THE REPUBLIC OF INDONESIA

Respondent