Moloney v New Zealand [2005] FCA 245

FEDERAL COURT OF AUSTRALIA

Moloney v New Zealand [2005] FCA 245 EXTRADITION – application for review of extradition to New Zealand – bail allowed pending completion of review – exceptional circumstances. ROGER MOLONEY AND RAYMOND GARCHOW V NEW ZEALAND AND MAGISTRATE DILLON N 209 OF 2005 MADGWICK J 18 FEBRUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 209 OF 2005

BETWEEN: ROGER MOLONEY

FIRST APPLICANT

RAYMOND GARCHOW

SECOND APPLICANT

AND: NEW ZEALAND

FIRST RESPONDENT

MAGISTRATE DILLON

SECOND RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 18 FEBRUARY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicants, Roger Moloney and Raymond Garchow, be admitted to bail on the following conditions: (a) The applicants are to be of good behaviour. (b) They are to reside at an address notified by the legal representatives of the first respondent. (c) They are to report to the Officer in Charge of the Police Station at Campbelltown on Monday, Wednesday and Fridays of each week between the hours of 9.00 am and 5.00 pm. (d) During the period on remand, by agreement, they are to place themselves under the supervision of Rev. Brother Peter Burke and obey all directions given to them as to their conduct by the said Rev. Brother Peter Burke. (e) One acceptable person is to enter into an agreement without security to forfeit the sum of $100,000.00 if the applicants fail to comply with their bail undertaking. (f) The applicants are to surrender their passports to the Officer in Charge, Federal Police, Sydney. (g) The applicants are to stay away from all points of departure from the Commonwealth of Australia. (h) The applicants are to give an undertaking not to apply for any new passport or travel document during the currency of bail. (i) The applicants are to appear at the Federal Court, Sydney on such dates and times as they may be required in relation to the conduct of their applications for review. (j) The applicants are to prosecute their applications for review with due diligence. (k) Bail may be entered before a Magistrate or Justice of the Peace. (l) If there is any breach of any of the conditions now imposed, bail is to be automatically revoked and the applicants may be arrested by any Police Officer.