Cabal v United Mexican States (No 2) [2000] FCA 445

Cabal v United Mexican States (No 2) [2000] FCA 445

The Court upon review under s 21 of the Extradition Act 1988 may consider both material received by the magistrate in evidence and material tendered but not accepted by the magistrate, subject to criteria of relevance, weight and fairness. The Court is not limited solely to evidence admissible in ordinary proceedings but may admit material sufficient to demonstrate substantial grounds for believing an extradition objection exists.

Parties
First Applicant: Carlos Cabal Peniche; Second Applicant: Marco Pasini Bertran; First Respondent: United Mexican States; Second Respondent: Lisa Hannan; Intervening: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
07 April 2000
Procedural Posture
Review of Extradition Determination / Ruling on Material to Be Considered by Court
Outcome
ruling on admissibility of material for review; no final determination of eligibility for extradition
Legal Topics
Extradition Objections, Admissibility of Evidence, Political Prosecution, Review Under Extradition Act 1988 S 21
Extradition Extradition Objections Admissibility of Evidence Political Prosecution Review Under Extradition Act 1988 S 21

Case Brief

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Parties

Carlos Cabal Peniche

First Applicant

Marco Pasini Bertran

Second Applicant

United Mexican States

First Respondent

Lisa Hannan

Second Respondent

Commonwealth of Australia

Intervening

Procedural Posture

Review of Extradition Determination / Ruling on Material to Be Considered by Court

Legal Issues

  1. 1 Which materials proffered before the magistrate may be considered by the Court on review under s 21 of the Extradition Act 1988, especially in relation to political objections under ss 7(b) and (c)?

Ratio Decidendi

The Court upon review under s 21 of the Extradition Act 1988 may consider both material received by the magistrate in evidence and material tendered but not accepted by the magistrate, subject to criteria of relevance, weight and fairness. The Court is not limited solely to evidence admissible in ordinary proceedings but may admit material sufficient to demonstrate substantial grounds for believing an extradition objection exists.

Court Disposition

ruling on admissibility of material for review; no final determination of eligibility for extradition

Orders

  • Court may consider both material received by the magistrate in evidence and material tendered but not accepted, subject to relevance, weight and fairness.