Bou-Simon v Attorney-General

[2000] FCA 24

FEDERAL COURT OF AUSTRALIA

Bou-Simon v Attorney-General [2000] FCA 24

EXTRADITION – abuse of process – intervention in foreign extradition process – intervention in local criminal proceeding – application by Commonwealth Attorney-General to French Government for extradition of appellant from France to Australia to face criminal prosecution for alleged offences under s 232(6) of the Corporations Law – extradition application supported by supplementary affidavit prepared by officer of the Office of the Commonwealth Director of Public Prosecutions – whether supplementary affidavit misleading and an abuse of or fraud upon the extradition process – whether intervention in the extradition process or the criminal proceeding warranted.

Corporations Law s 232(6)

R v Horseferry Road Magistrates’ Court; Ex parte Bennett [1994] 1 AC 42, considered

R v Martin [1998] 2 WLR 1, considered
R v Staines Magistrates’ Court: ex parte Westfallen [1998] 4 All ER 210, considered
Director of Public Prosecutions v Shirvanian (1998) 44 NSWLR 129, considered
Rogers v The Queen (1994) 181 CLR 251, considered
Yates v Wilson (1989) 168 CLR 338, applied
Ridgeway v The Queen (1995) 184 CLR 19, considered

ROBERT ANTHONY BOU-SIMON v ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA AND ANOR

NG 961 OF 1998

JUDGES:      BLACK CJ, TAMBERLIN and KATZ JJ
DATE:           21 JANUARY 2000
PLACE:         SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 961 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

ROBERT ANTHONY BOU-SIMON
Appellant

AND:

ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)
Second Respondent

JUDGES:	BLACK CJ, TAMBERLIN & KATZ JJ
DATE:	21 JANUARY 2000
PLACE:	SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay the respondents’ costs of the appeal, including any reserved costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 961 OF 1998

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

ROBERT ANTHONY BOU-SIMON
Appellant

AND:

ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
First Respondent

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)
Second Respondent

JUDGES:	BLACK CJ, TAMBERLIN & KATZ JJ
DATE:	21 JANUARY 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT OF THE COURT

1. This appeal arises out of a request made by the Attorney-General of the Commonwealth to the Republic of France for extradition of the appellant, Mr Robert Anthony Bou-Simon, from France to Australia to face criminal prosecution for alleged contraventions of the Corporations Law. The appellant appeals against a decision of Emmett J dismissing with costs an application by him pursuant to s 39B of the Judiciary Act 1903 (Cth) for various orders in connection with the criminal and extradition proceedings. The orders he sought included declarations that a supplementary affidavit relied upon in support of the extradition was misleading and that its provision for submission to the Court of Criminal Appeal of the Appeal…