United Mexican States v Cabal [2001] HCA 60

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH AND GUMMOW JJ

UNITED MEXICAN STATES APPLICANT

AND

CARLOS CABAL (PENICHE) & ORS RESPONDENTS

United Mexican States v Cabal [2001] HCA 60

Date of Order: 31 July 2001

Date of Publication of Reasons: 24 October 2001

M74/2001

ORDER

1. Leave to appeal granted, the draft notice of appeal to stand as the notice of appeal. 2. Appeal allowed. 3. Set aside orders 1, 2, 3, 4, 5, 6 and 7 of the orders made by Kirby J on 19 July 2001 and in place thereof order that the summons dated 12 July 2001 be dismissed. 4. The first respondent to pay the costs of the appellant of the appeal and of the proceedings at first instance, including any reserved costs, and to have a certificate under the Federal Proceedings (Costs) Act 1981 (Cth).

On appeal from the High Court of Australia

Representation:

G T Pagone QC with K P Hanscombe and M M Gordon for the applicant (instructed by Director of Public Prosecutions (Commonwealth))

G Griffith QC with D S Mortimer for the first respondent (instructed by Fernandez Canda Gerkens)

No appearance for the second respondent

D M J Bennett QC, Solicitor-General of the Commonwealth with B E Walters for the third respondent (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

United Mexican States v Cabal

Criminal law – Practice and procedure – Bail – Whether High Court has power to grant bail – In what circumstances High Court will grant bail – What constitutes "special circumstances" – Whether special circumstances established where applicant subject to extradition determination, in custody for over 30 months and subject to extremely harsh conditions in detention – Whether risk of flight outweighs special circumstances.