1 Mar 2013
USA V DOTCOM & ORS COA CA526/2012
- Citation
- COA CA526/2012
- Court
- Court of Appeal
The Court held that the Extradition Act's record of the case regime for exempted countries does not authorise general pre-hearing disclosure orders against a requesting state like the United States; s25 requires a summary of evidence and only those accompanying documents that are essential and not capable of summary, and the proper channel for seeking further material is the treaty mechanism (art 12) unless cogent evidence indicates abuse of process; accordingly the District Court's broad disclosure orders were quashed and the cross-appeal dismissed.