The Republic of Finland v Tervonen [2007] FCA 2107

The Republic of Finland v Tervonen [2007] FCA 2107

Even assuming Mr Tervonen's success before two single judges amounted to special circumstances, the evidence of an altered Estonian passport and admissions about passports in another name established a real risk of flight. Mr Tervonen had not shown an absence of risk of flight, and because the appeals would be heard within a reasonably short time, he should be kept in custody rather than released on bail.

Jurisdiction
Australia
Judgment Date
24 December 2007
Procedural Posture
Extradition Application for Bail After Arrest / Return of Warrant Issued Under S 21(6)(e) of the Extradition Act 1988 (cth), Pending Finland's Appeal From a Single Judge's Decision
Outcome
Bail refused; Jan Tervonen ordered to be kept in custody pending the appeal hearing.
Legal Topics
['release on Bail Under S 21(6)(f) of the Extradition Act 1988 (cth)' 'special Circumstances' 'risk of Flight' 'custody Pending Extradition Appeal']
['extradition' 'bail' 'federal Appellate Procedure'] ['release on Bail Under S 21(6)(f) of the Extradition Act 1988 (cth)' 'special Circumstances' 'risk of Flight' 'custody Pending Extradition Appeal']

Case Brief

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Procedural Posture

Extradition Application for Bail After Arrest / Return of Warrant Issued Under S 21(6)(e) of the Extradition Act 1988 (cth), Pending Finland's Appeal From a Single Judge's Decision

Legal Issues

  1. 1 ['Whether, after arrest under s 21(6)(e) of the Extradition Act 1988 (Cth), Jan Tervonen should be kept in custody or released on bail under s 21(6)(f).' 'Whether special circumstances justified release on bail.' 'Whether there was an absence of risk of flight.']

Ratio Decidendi

Even assuming Mr Tervonen's success before two single judges amounted to special circumstances, the evidence of an altered Estonian passport and admissions about passports in another name established a real risk of flight. Mr Tervonen had not shown an absence of risk of flight, and because the appeals would be heard within a reasonably short time, he should be kept in custody rather than released on bail.

Court Disposition

Bail refused; Jan Tervonen ordered to be kept in custody pending the appeal hearing.

Orders

  • ['Up to and including 15 February 2008, and subject to further order, the first respondent, Jan Tervonen, be kept in custody at the Metropolitan Reception and Remand Centre at Silverwater in the State of New South Wales by the governor and other officers of that prison and in the custody of such officers of the...