Mayhew v United States of America [2004] FCA 1197

FEDERAL COURT OF AUSTRALIA

Mayhew v United States of America [2004] FCA 1197 EXTRADITION – Review of decision of magistrate determining that applicant is eligible for surrender for extradition or release – Whether the country applying for extradition had produced to the magistrate 'a duly authenticated statement in writing setting out the conduct constituting the offence' – Magistrate found this statement was constituted by an indictment and a description of the alleged offences in an affidavit – Application of the speciality assurance rule. ADMINISTRATIVE LAW – Police powers – Whether arresting police were entitled, without a warrant, to search the applicant's luggage and seize and retain his belongings.

Extradition Act 1988 (Cth) ss 10, 13, 14, 19, 22 Ghani v Jones [1970] 1 QB 693 discussed Gollan v Nugent (1988) 166 CLR 18 applied DELBERT KENNETH MAYHEW v UNITED STATES OF AMERICA, MAGISTRATE LESLIE BRENNAN, COMMISSIONER, AUSTRALIAN FEDERAL POLICE, ATTORNEY-GENERAL FOR THE COMMONWEALTH N 863 of 2004 WILCOX J 17 SEPTEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 863 of 2004

BETWEEN: DELBERT KENNETH MAYHEW

APPLICANT

AND: UNITED STATES OF AMERICA

FIRST RESPONDENT

MAGISTRATE LESLIE BRENNAN

SECOND RESPONDENT

COMMISSIONER, AUSTRALIAN FEDERAL POLICE

THIRD RESPONDENT

ATTORNEY-GENERAL FOR THE COMMONWEALTH

FOURTH RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 17 SEPTEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The order made by the second respondent on 12 May 2004 that the applicant is eligible for surrender to the first respondent in relation to certain specified extradition offences be confirmed. 2. It be declared that the property described in annexure 'A' to the application filed in this proceeding was unlawfully seized from the applicant by the third respondent. 3. The third respondent forthwith deliver to the applicant, or any appointed nominee of the applicant, so much of the said property as is still in the possession, custody or control of the third respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.