Bou-Simon, Robert Anthony v Attorney-General of the Commonwealth of Australia & Anor [1998] FCA 781

Bou-Simon, Robert Anthony v Attorney-General of the Commonwealth of Australia & Anor [1998] FCA 781

Given the arguable risk that the supplementary affidavit was misleading by omission, and the shortness of time available to the applicant to properly present his case before the French authorities, it is appropriate to order the DPP to confirm to the applicant's solicitors the basis upon which the magistrate refused to amend the Bahr charges. This relief preserves the applicant's position until final hearing.

Jurisdiction
Australia
Judgment Date
22 June 1998
Procedural Posture
Application for Interlocutory Relief / Interlocutory
Outcome
Interlocutory relief granted to the applicant.
Legal Topics
['abuse of Process' 'extradition Proceedings' 'misleading Affidavit' 'amendment of Charges' 'limitation Period']
['criminal Law' 'extradition' 'administrative Law'] ['abuse of Process' 'extradition Proceedings' 'misleading Affidavit' 'amendment of Charges' 'limitation Period']

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Procedural Posture

Application for Interlocutory Relief / Interlocutory

Legal Issues

  1. 1 ['Whether the supplementary affidavit provided to French authorities was misleading by omission' 'Whether the court should order interlocutory relief due to risk of injustice in extradition proceedings' 'Whether failure to disclose the Bahr prosecution outcome constitutes an abuse of process']

Ratio Decidendi

Given the arguable risk that the supplementary affidavit was misleading by omission, and the shortness of time available to the applicant to properly present his case before the French authorities, it is appropriate to order the DPP to confirm to the applicant's solicitors the basis upon which the magistrate refused to amend the Bahr charges. This relief preserves the applicant's position until final hearing.

Court Disposition

Interlocutory relief granted to the applicant.

Orders

  • ["The Commonwealth Director of Public Prosecutions is to write to the Applicant's solicitors confirming the facts regarding the amendment in Mr Craigie's affidavit and the grounds upon which the magistrate refused leave to amend in the Bahr prosecution." 'The costs of today and of 19 June 1998 be reserved.']