Cabal v United Mexican States

FEDERAL COURT OF AUSTRALIA

Cabal v United Mexican States [2000] FCA 1945

CARLOS CABAL PENICHE AND MARCO PASINI BERTRAN v UNITED MEXICAN STATES AND LISA HANNAN M
V 700 OF 2000

GRAY J
22 DECEMBER 2000
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V700 OF 2000

BETWEEN:

CARLOS CABAL PENICHE
FIRST APPELLANT

MARCO PASINI BERTRAN
SECOND APPELLANT

AND:

UNITED MEXICAN STATES
FIRST RESPONDENT

LISA HANNAN M
SECOND RESPONDENT

ATTORNEY-GENERAL (COMMONWEALTH) (Intervening)
THIRD RESPONDENT

JUDGE:

GRAY J

DATE OF ORDER:

22 DECEMBER 2000

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.The order made on 20 December 2000 is recalled.

2.Paragraph 1(a) of that order is amended by deleting the words “Michael John Hunter Davies as sureties” and substituting the words “as surety (save in respect of conditions (h) and (j))” and by deleting the word “their” and substituting the word “her”.

3.Paragraph 1(j) of the order is amended by deleting the words “Australian Federal Police, 383 Latrobe Street, Melbourne” and substituting the words “Victoria Police, South Melbourne Police Station, Bank Street, South Melbourne”.

4.The order as amended is confirmed.

5.There be no order as to costs.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V700 OF 2000

BETWEEN:

CARLOS CABAL PENICHE
FIRST APPELLANT

MARCO PASINI BERTRAN
SECOND APPELLANT

AND:

UNITED MEXICAN STATES
FIRST RESPONDENT

LISA HANNAN M
SECOND RESPONDENT

ATTORNEY-GENERAL (COMMONWEALTH) (Intervening)
THIRD RESPONDENT

JUDGE:	GRAY J
DATE:	22 DECEMBER 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 20 December 2000 I gave judgment on a bail application by Carlos Cabal Peniche and Marco Pasini Bertran pursuant to s 21(6)(f)(iv) of the Extradition Act 1988 (Cth). In that judgment I determined that Marco Pasini Bertran should be admitted to bail. I made an order that contained some eleven conditions upon which Mr Pasini should be admitted to bail. The matter has been re-listed before me as a matter of urgency today on an application on behalf of Mr Pasini to vary certain of the conditions that I had determined to include in the order.

2. In two respects the variations amount to formalities.  In par 1(a) of my order of 20 December 2000 I directed that Mr Pasini be admitted to bail on condition that he enter into a recognisance in the sum of $500,000 with two sureties, Margaret Mary Davies and Michael John Hunter Davies, the amount to be secured by a charge on their house and land at 190 Church Street, Brighton.  It appears that Margaret Mary Davies is the sole registered proprietor of that property.  It is proposed on behalf of Mr Pasini that the order be amended to provide only for a single surety.  That application I understand not to be opposed.

3. The second relatively unimportant matter relates to par 1(j) of my order of 20 December 2000.  That paragraph of the order imposes a reporting condition, namely that Mr Pasini report twice daily, once between the hours…