Republic of Poland v Ginter [2009] FCA 262

FEDERAL COURT OF AUSTRALIA

Republic of Poland v Ginter [2009] FCA 262

EXTRADITION – bail – extraditee granted bail pursuant to s 15(6) of the Extradition Act 1988 (Cth) – Poland sought judicial review – whether reviewable error in respect to existence of "special circumstances" and the absence of flight risk.

Extradition Act 1988 (Cth), ss 5, 12(1), 15(6) Judiciary Act 1903 (Cth), s 39B United Mexican States v Cabal (2001) 209 CLR 165 applied REPUBLIC OF POLAND v WOJCIECH GINTER and MR SMITH

WAD 37 of 2009

GILMOUR J

24 MARCH 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 37 of 2009

BETWEEN: REPUBLIC OF POLAND

Applicant

AND: WOJCIECH GINTER

First Respondent

MR SMITH

Second Respondent

JUDGE: GILMOUR J

DATE OF ORDER: 24 MARCH 2009

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. An order in the nature of certiorari that the second respondent's decision of 19 March 2009 to release the first respondent on bail be quashed. 2. An order in the nature of mandamus directed to the second respondent to consider and determine the first respondent's application for bail according to the law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 37 of 2009

BETWEEN: REPUBLIC OF POLAND

Applicant

AND: WOJCIECH GINTER

First Respondent

MR SMITH

Second Respondent

JUDGE: GILMOUR J

DATE: 24 MARCH 2009

PLACE: PERTH

REASONS FOR JUDGMENT 1 This is an application by the Republic of Poland under s 39B of the Judiciary Act 1903 (Cth) seeking judicial review of a decision of Gregory Smith, magistrate (the second respondent) made at Perth on 19 March 2009 by which bail was extended to the first respondent pursuant to s 15(6) of the Extradition Act 1988 (Cth)("the Act"). 2 The amended relief claimed is set out in a minute of proposed orders: 1. An order in the nature of certiorari that the second respondent's decision of 19 March 2009 to release the first respondent on bail be quashed. 2. An order in the nature of mandamus directed to the second respondent to consider and determine the first respondent's application for bail according to the law. 3 The application is supported by an affidavit sworn by Mr Steven Murray Shadgett, a solicitor employed as a senior legal officer in the Perth office of the Commonwealth Director of Public Prosecutions. It is convenient to set out the background as appears from the affidavit of Mr Shadgett, which is uncontroversial in these respects.