Prabowo, Subagio Lagaida v Republic of Indonesia & Anor [1997] FCA 11

Prabowo, Subagio Lagaida v Republic of Indonesia & Anor [1997] FCA 11

The documents signed by Indonesian police officers satisfy s 19(7) of the Extradition Act as they fall within the meaning of 'officer'; the magistrate's determination that the offences, including failure to record a banking transaction, would constitute extradition offences if the equivalent conduct had occurred in NSW, is sufficient for eligibility for surrender regardless of whether the treaty specifically embraces that offence.

Jurisdiction
Australia
Judgment Date
22 January 1997
Procedural Posture
Application for Review Under S 21 of the Extradition Act 1988 / Federal Court Review of Magistrate's Order Determining Eligibility for Surrender
Outcome
Application dismissed. Magistrate's order confirmed.
Legal Topics
['dual Criminality' 'authentication of Supporting Documents' 'eligibility for Surrender' 'extradition Offences']
['extradition' 'criminal Law'] ['dual Criminality' 'authentication of Supporting Documents' 'eligibility for Surrender' 'extradition Offences']

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Procedural Posture

Application for Review Under S 21 of the Extradition Act 1988 / Federal Court Review of Magistrate's Order Determining Eligibility for Surrender

Legal Issues

  1. 1 ['Whether supporting documents signed by a non-judicial officer of the extradition country are admissible under s 19(7) of the Extradition Act 1988' 'Whether the offence specified (failure to record a banking transaction contrary to Indonesian law) qualifies as an extradition offence under the Act and Treaty']

Ratio Decidendi

The documents signed by Indonesian police officers satisfy s 19(7) of the Extradition Act as they fall within the meaning of 'officer'; the magistrate's determination that the offences, including failure to record a banking transaction, would constitute extradition offences if the equivalent conduct had occurred in NSW, is sufficient for eligibility for surrender regardless of whether the treaty specifically embraces that offence.

Court Disposition

Application dismissed. Magistrate's order confirmed.

Orders

  • ['The order of the second respondent is confirmed.' "The applicant pay the respondents' costs."]