Knauder v Moore [2002] FCA 850

FEDERAL COURT OF AUSTRALIA

Knauder v Moore [2002] FCA 850

EXTRADITION – denial of procedural fairness – dual criminality – due authentication of supporting documents - nature of review of Magistrate's order Extradition Act 1988 (Cth) ss 16, 19 and 21 Crimes Act 1900 (NSW) ss178A, 178BA and 179 Penal Code of the Federal Republic of Germany ss 53 and 263 Twist v Randwick Municipal Council (1976) 136 CLR 106 applied Wiest v Director of Public Prosecutions (1988) 23 FCR 472 followed Zoeller v Federal Republic of Germany (1989) 23 FCR 282 followed Charron v Government of the United States [2000] 1 WLR 1793 considered Republic of South Africa v Dutton (1997) 77 FCR 128 considered De Bruyn v Republic of South Africa (1999) 96 FCR 290 applied Cox v Hakes (1890) App Cas 506 referred to Re Bolton; Ex parte Beane (1987) 162 CLR 514 referred to Prabowo v Republic of Indonesia (1997) 74 FCR 599 referred to Cabal v United Mexican States (No. 3) [2000] FCA 1204 followed Bennett v Government of the United Kingdom [2000] FCA 916 referred to frank andreas knauder v alan moore & The Federal Republic of Germany N207 of 2002 jacobson j 2 july 2002 sydney

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N207 OF 2002

BETWEEN: FRANK ANDREAS KNAUDER

APPLICANT

AND: ALAN MOORE

FIRST RESPONDENT

THE FEDERAL REPUBLIC OF GERMANY

SECOND RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 2 JULY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 21(2)(a) of the Extradition Act 1988 (Cth) the order of Magistrate Moore made on 1 March 2002 under s 19(9) of the Act, Frank Andreas Knauder is eligible for surrender to the Federal Republic of Germany in relation to seven of the ten extradition offences specified in the schedule to the Magistrate's order, namely those extradition offences specified in paragraphs 3-9 of the warrant of arrest, is confirmed. 2. Pursuant to s 21(2)(b) of the Extradition Act 1988 (Cth) the order of Magistrate Moore made on 1 March 2002, that Frank Andreas Knauder is eligible for surrender to the Federal Republic of Germany in relation to the extradition offences specified in the schedule to the Magistrate's order, namely those extradition offences specified in paragraphs 1, 2 and 10 of the warrant of arrest, is quashed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.