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Tuesday, 24 February 1987
Page: 561

(Question No. 1242)

Senator Archer asked the Minister representing the Attorney-General, upon notice, on 19 August 1986.

(1) How many extradition orders were issued in the years 1983, 1984, 1985 and for 1986 to date.

(2) Is it appropriate to release the names involved; if so, what are the names of the people who are the subjects of these extradition orders.

(3) Which of these orders have not yet been dealt with by the relevant courts overseas.

(4) Which of these orders have been dealt with by courts overseas but have failed to achieve the desired result, namely the return of the suspect to Australia.

Senator Gareth Evans —The Attorney-General has provided the following answer to the honourable senator's question:

I have assumed that the honourable senator's question refers to the number of formal requisitions made by Australia for the return of fugitives from other countries. On the basis of this assumption the answers are as follows:

As the honourable senator has requested statistics on a calendar year basis, the statistics provided cannot be accurately compared with those provided in the Department's Annual Reports-the latter are compiled on a financial year basis. In addition, the Annual Reports do not give separate statistics for formal requisitions. Formal requisitions are subsumed under the general heading of ``Requests'', which includes all extradition cases in which a substantive approach (often a request for provisional arrest) has been made to another country.

(1) The number of requisitions made by Australia to other countries since 1 January 1983 is listed below. It should be noted that not all fugitives returned to Australia have been apprehended in the foreign country or returned to Australia as a result of a formal requisition by Australia to that country. 1983-6; 1984-7; 1985-7; 1986-8.

It is emphasised that the number of formal requisitions does not reflect the Commonwealth's extradition caseload because ordinarily formal requisitions are only made when a fugitive has been located and arrest is considered possible or has already taken place. Considerations relating to the existence of an extradition treaty with the relevant country and the probability of satisfying the legal requirements governing extradition from that country must also be taken into account before an extradition requisition is made. As most extradition cases involve persons whose whereabouts are unknown or persons who seek refuge in countries considered to be inaccessible to Australian extradition, the majority of outstanding extradition matters involve persons who are not at present the subject of formal extradition requisitions.

A significant number of extradition matters do not proceed to the formal requisition stage for reasons which include:

(1) the Attorney-General, the department, or the agency originating the request determines that a formal requisition should not be made because of evidentiary or other difficulties;

(2) the fugitive, upon being apprehended under the provisional arrest procedure or upon becoming aware of Australia's intention to seek extradition, waives his or her right to formal extradition and returns to Australia voluntarily; or

(3) ordinarily Civil Law countries will not extradite their own nationals and in such cases the possibility of prosecution in that country in lieu of extradition is considered.

(2) It is appropriate to release only the names of those fugitives who have been apprehended for the purposes of extradition. It is, of course, inappropriate to release the names of fugitives who are still being sought by police authorities. Listed below on a calender year basis are the names of persons who have returned to Australia following extradition action. Some of these persons returned voluntarily and in some cases no formal requisition for extradition was ever made by Australia to the overseas country concerned.

Fugitives returned to Australia

1983-H. S. Fuller (USA), Kim Kon Set (Malaysia), T. A. Nicholson (Hong Kong).

1984-H. N. Hayes (Switzerland), Choo Cheng Kui (Singapore), Wong Chi Po (Hong Kong), Y. I. Wong (Hong Kong), T. J. White (USA), C. D. Disney (USA), J. P. Kamrin (USA), M. J. J. Casey (Hong Kong), J. P. Connell (USA), M. N. O'Sullivan (USA), G. L. O'Meagher (USA).

1985-J. A. Karam (USA), J. W. Shepherd (USA), V. Andrade-Pereira (Switzerland), G. A. Ditford (FRG), P. A. Twining (USA).

1986-W. Levinge (USA), H. Millar (USA), J. M. D. Gomez (New Caledonia-France), R. G. Kidner (France), B. R. Cornwell (UK), B. R. Bull (Austria), D. P. Tiffany (USA).

(3) (a) In the following cases the relevant court(s) in the foreign jurisdiction have commenced to deal with a formal extradition request from Australia but the usual legal processes, including appeals, have not been concluded: V. A. Barron (USA), P. Watson (UK), S. Oskar (UK), N. P. Butani (Sri Lanka), P. G. J. Benwell (Sri Lanka); (b) In other cases the courts in foreign jurisdictions have not dealt with an Australian requisition because the fugitive can not be located, has fled the jurisdiction or has absconded whilst on bail.

(4) Since 1982, overseas courts have dealt with and refused a formal Australian requisition for extradition in the following cases:

1985-Trimbole (Ireland),

1986-Jolly (UK).