Bou-Simon v Attorney General [2000] FCA 24

FEDERAL COURT OF AUSTRALIA

Bou-Simon v Attorney-General [2000] FCA 24 EXTRADITION – abuse of process – intervention in foreign extradition process – intervention in local criminal proceeding – application by Commonwealth Attorney-General to French Government for extradition of appellant from France to Australia to face criminal prosecution for alleged offences under s 232(6) of the Corporations Law – extradition application supported by supplementary affidavit prepared by officer of the Office of the Commonwealth Director of Public Prosecutions – whether supplementary affidavit misleading and an abuse of or fraud upon the extradition process – whether intervention in the extradition process or the criminal proceeding warranted. Corporations Law s 232(6) R v Horseferry Road Magistrates' Court; Ex parte Bennett [1994] 1 AC 42, considered R v Martin [1998] 2 WLR 1, considered R v Staines Magistrates' Court: ex parte Westfallen [1998] 4 All ER 210, considered Director of Public Prosecutions v Shirvanian (1998) 44 NSWLR 129, considered Rogers v The Queen (1994) 181 CLR 251, considered Yates v Wilson (1989) 168 CLR 338, applied Ridgeway v The Queen (1995) 184 CLR 19, considered

ROBERT ANTHONY BOU-SIMON v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA AND ANOR NG 961 OF 1998 JUDGES: BLACK CJ, TAMBERLIN and KATZ JJ DATE: 21 JANUARY 2000 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 961 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ROBERT ANTHONY BOU-SIMON

Appellant AND: ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA

First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)

Second Respondent

JUDGES: BLACK CJ, TAMBERLIN & KATZ JJ DATE: 21 JANUARY 2000 PLACE: SYDNEY