Narain, A.L. v Director of Public Prosections & Ors [1987] FCA 32

Narain, A.L. v Director of Public Prosections & Ors [1987] FCA 32

Evidence of guilt is not required to be produced for extradition to New Zealand under Part III of the Extradition (Commonwealth Countries) Act 1966; the onus is on the person sought to be extradited to establish any exception to surrender under s.27, and 'good faith' refers to the formal accusation made by the prosecuting officer. On the evidence, no sufficient reason was made out to refuse surrender on either charge.

Parties
Appellant/cross Respondent: Amrit Lal Narain; First Respondent/first Cross Appellant: Director of Public Prosecutions; Second Respondent/second Cross Appellant: Bruce Adam Currie; Third Respondent: David Kitchener Eyde
Jurisdiction
Australia
Judgment Date
09 February 1987
Procedural Posture
Appeal and Cross Appeal From a Single Judge Decision of the Federal Court of Australia / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal allowed.
Legal Topics
Extradition to New Zealand, Requirements for Surrender, Evidence of Guilt in Extradition, Onus of Proof Under Extradition Act, Good Faith of Accusation, Interests of Justice in Extradition
Extradition Criminal Law Extradition to New Zealand Requirements for Surrender Evidence of Guilt in Extradition Onus of Proof Under Extradition Act Good Faith of Accusation Interests of Justice in Extradition

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Parties

Amrit Lal Narain

Appellant/cross Respondent

Director of Public Prosecutions

First Respondent/first Cross Appellant

Bruce Adam Currie

Second Respondent/second Cross Appellant

David Kitchener Eyde

Third Respondent

Procedural Posture

Appeal and Cross Appeal From a Single Judge Decision of the Federal Court of Australia / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Is evidence of guilt required before an order for extradition to New Zealand under Part III of the Extradition (Commonwealth Countries) Act 1966?
  2. 2 Does the onus under s.27 of the Act fall on the applicant or person sought to be extradited?
  3. 3 What constitutes a lack of good faith or absence of the interests of justice for the purposes of s.27(a)(ii)?

Ratio Decidendi

Evidence of guilt is not required to be produced for extradition to New Zealand under Part III of the Extradition (Commonwealth Countries) Act 1966; the onus is on the person sought to be extradited to establish any exception to surrender under s.27, and 'good faith' refers to the formal accusation made by the prosecuting officer. On the evidence, no sufficient reason was made out to refuse surrender on either charge.

Court Disposition

Appeal dismissed; cross-appeal allowed.

Orders

  • The appeal by Amrit Lal Narain is dismissed.
  • The cross-appeal by the Director of Public Prosecutions and Bruce Adam Currie is allowed.