Kalinovas v Republic of Lithuania [2015] FCA 961

FEDERAL COURT OF AUSTRALIA

Kalinovas v Republic of Lithuania [2015] FCA 961 Citation: Kalinovas v Republic of Lithuania [2015] FCA 961

Parties: PAULIUS KALINOVAS v REPUBLIC OF LITHUANIA

File number(s): NSD 89 of 2015

Judge(s): BENNETT J

Date of judgment: 31 August 2015

Catchwords: EXTRADITION – whether the review of a magistrate's decision is a "rehearing" under the Extradition Act 1988 (Cth) s 21 – whether the Court is permitted to have regard only to the material before the magistrate – whether the "supporting documents" in relation to the offence have been produced – whether the Court can determine under s 19 of the Extradition Act 1988 (Cth) if Mr Kalinovas is merely a "suspect" or a person "accused" – whether the alleged conduct would have constituted an extradition offence in relation to New South Wales if it had taken place in New South Wales – whether fear from guards and inmates in gaol can constitute an extradition objection EVIDENCE – whether the Evidence Act 1995 (Cth) applies to proceedings before a magistrate or Judge – whether it is reasonably practicable to require a person to give evidence and identify themselves when they fear reprisal by the authorities – whether the denial of an opportunity to cross-examine the maker of a statement admitted, as an exception to the hearsay rule, is unfairly prejudicial

Legislation: Crimes Act 1900 (NSW) ss 4B, 192B(1), 192D(1)(a), 192D(2), 192E(1), 192I, 192J, 192K Evidence Act 1995 (Cth) ss 4(1), 62(1), 63(1), 76, 79(1), 135 Extradition Act 1988 (Cth) ss 6, 7(c), 10(3), 12, 15(2), 16, 19, 21(1)(a), 21A, 22 Extradition Bill 1987 (Cth)