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Statement: Mr Van Nguyen.

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Minister for Justice and Customs Manager of Government Business in the Senate Senator for Western Australia

E163/05 1 December 2005

Statement - Mr Van Nguyen

I am advised that the Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions (CDPP) have examined the question of whether Mr Van Nguyen could be prosecuted in Australia in relation to private charges issued out of the Melbourne Magistrates Court today, which in turn might form the basis of an extradition request.

They have advised no action can be taken in relation to the two Commonwealth offences of conspiring to import and attempting to import narcotic goods, namely heroin.

Australia can only make an extradition request for an offence against Australian law, and a warrant must have been issued for the person’s arrest. In this case no warrant can be issued for the Commonwealth offences.

The AFP advises that all avenues of investigation have been exhausted in relation to this matter and that no further charges can be laid.

The CDPP advises that it will not pursue the prosecution of Mr Nguyen.

Further enquiries in relation to the reasons for the above should be directed to the AFP and CDPP accordingly.

The third charge relates to the State offence of conspiring to traffick in a drug of dependence, namely heroin.

This is a matter for the Victorian DPP and Victorian Police to consider.

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