Jacobi v United States of America

In the Federal Court of Australia, Reiner Jacobi, the applicant, sought a review of the decision made by Mr Owens SM that he was eligible for surrender to the United States of America. The principal issue in these proceedings was whether the factual material, provided by the requesting country and before the Magistrate, was sufficient to satisfy the requirements of paragraph (3)(c) of Article XI of the Treaty with the United States concerning extradition. That issue required, firstly, reference to the operation of that Treaty provision with the Act and regulations. The Court concluded that the facts as described did not provide a reasonable ground for a belief that the applicant committed the offence or offences of conspiracy to import and distribute. The Court found that the description of facts did not provide any basis in reason for concluding that the events occurred as recounted by the co-conspirator. The Court also found that even if one were persuaded to the belief that events occurred as he narrated them, there would still not be a basis for a conclusion that the offence of conspiracy to import or distribute had been established, since there was no relevant plan adverted to. The order of Mr C Owens SM made on 31 May 1995 was quashed. The First Respondent was ordered to pay the Applicant’s costs of the application for review save for the costs of the application for adjournment heard on 21 and 22 August 1996. The Applicant was ordered to pay the First Respondent’s costs of the application for adjournment heard on 21 and 22 August 1996. In each case, the costs were to be taxed in the event of disagreement.