Rahardja v Republic of Indonesia [2000] FCA 639

FEDERAL COURT OF AUSTRALIA

Rahardja v The Republic of Indonesia [2000] FCA 639 EXTRADITION – whether there were "substantial grounds for believing that there is an extradition objection" within the meaning of subs 19(2) of the Extradition Act 1999 (Cth) – whether applicant's trial or punishment may be prejudiced on the ground of his race – whether evidence of general judicial corruption provides substantial grounds for an extradition objection – whether generalised evidence of racism in society and government provides substantial grounds for an extradition objection EXTRADITION – whether supporting documents were duly authenticated as required by subs 19(7) of the Extradition Act 1999 (Cth) – whether documents purported to be sealed with a public or official seal – meaning of "purport" - whether Court could determine the issue when the seal was not in English – the only evidence of the text of the seal was a translation, written on the supporting documents themselves and signed – whether supporting documents sufficient EXTRADITION – rule of specialty - whether the statement of acts and omissions must separately state the conduct constituting each offence WORDS & PHRASES - "purport" Extradition Treaty Between Australia and the Republic of Indonesia done at Jakarta on 22 April 1992 Article 8(1) Extradition Act 1988 (Cth) ss 7, 19 & 21 Federal Republic of Germany v Haddad (1990) 21 FCR 496 at 499, distinguished McDade v United Kingdom (1999) FCA 1868 at [13-17], applied Prabowo v Republic of Indonesia (1995) 61 FCR 258. at 268, distinguished Rahardja v Republic of Indonesia [1999] FCA 1413 at [10-22], approved Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538, cited Zoeller v Republic of Germany (1989) 23 FCR 282 at 290, distinguished HENDRA RAHARDJA v THE REPUBLIC OF INDONESIA N 1098 OF 1999 TAMBERLIN J SYDNEY 16 MAY 2000