Re Taleb

[2021] VSC 427

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECI 2021 02498

ALI TALEB	Applicant
and
CHIEF COMMISSIONER OF VICTORIA POLICE	Respondent

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JUDGE:	CHAMPION J
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers
DATE OF JUDGMENT:	21 July 2021
CASE MAY BE CITED AS:	Re Taleb
MEDIUM NEUTRAL CITATION:	[2021] VSC 427

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CRIMINAL LAW – Extradition interstate – Charge of producing tobacco whilst not being a holder of a producer licence s 28(1) Excise Act 1902 (Cth) – Unlawful possession of tobacco leaf s 117C(1) Excise Act 1902 (Cth) – Two charges of causing a risk of loss to a Commonwealth entity s 135.1(5) Criminal Code (Cth) – COVID-19 restrictions impede on extradition – Application to stay extradition until review of s 86 of the Service and Execution of Process Act 1982 (Cth) – Parties consent – Applicant granted bail, on conditions.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Nil	Commonwealth Director of Public Prosecutions
For the Accused	Nil	Stephen Andrianakis & Associates

HIS HONOUR:

Introduction

1. By Originating Motion [‘the OM’] dated 16 July 2021, the applicant seeks to stay the order of a Victorian Magistrate, made on 13 July 2021 extraditing the applicant to Darwin, in the Northern Territory.

1. The OM seeks that the order of the Magistrate be stayed until the completion of a review of that order by this Court, pursuant to s 86 of the Service and Execution of Process Act 1982 (Cth) [‘the Act’].

1. The OM is supported by an affidavit of the applicant’s solicitor, Stephen Andrianakis, dated 16 July 2021, to which various exhibits are attached.

The alleged facts

1. In an undated draft statement of facts, apparently filed in the Katherine Local Court, the prosecution alleges that in July 2018 the applicant was located at a large property in Katherine at which a crop of tobacco plants were being cultivated.  Further, a large shipping container was located at the property, which appeared to have been converted into a drying kiln for tobacco leaf.

1. The prosecution alleges that the applicant had a significant financial investment in the property and the crop, and was involved in planting, maintaining, picking and drying the crop of illegal tobacco.  It is alleged that he was involved in a large-scale operation to grow tobacco plants, for the purpose of later manufacture and sale.

1. In broad terms, the prosecution alleges a loss of potential revenue in respect of the seizure of tobacco plant and tobacco leaf in the region of $15 million.

1. The applicant has been charged with four offences against the Excise Act 1902 (Cth) and the Criminal Code (Cth).

The application

1. A warrant for the applicant’s arrest was issued on 22 April 2021 in the Northern Territory Local Court in Katherine .  On 13 July 2021 the warrant was executed against the applicant in Melbourne and he was brought before the Melbourne Magistrates’ Court on that day.  At that hearing the applicant indicated no opposition to the order for extradition, and no application for bail was made.

1. Following the making of the extradition order, the Commonwealth Director of Public Prosecutions [‘CDPP’] indicated it would consent to the applicant’s admission to bail if satisfied of his willingness and ability to answer bail and appear in the Northern Territory.  However, current COVID-19 restrictions now prevent the applicant from travelling to the Northern Territory to attend in person to answer the charges in accordance with the warrant.  Even if he was granted an exemption to travel, he would not be exempted from the 14-day quarantine requirement currently existing.

1. Pursuant to s 86 of the Act the applicant seeks a review to this Court of the extradition order.

1. Further, the court is informed that the applicant and the CDPP agree that it is appropriate pending the review to suspend the extradition order and grant the applicant bail, on conditions.

Conclusions

1. Section 86 of the Act provides that the Supreme Court, pending its review of an order for extradition, can stay the execution of the order, and order that the person be remanded on bail or in such custody as the court specifies.

1. I have considered the application being brought this day, along with a summary of the allegations, mindful of the maximum penalties that are open in respect of the charges the accused faces.  I have considered these matters on the papers, and do not require the parties to appear personally.

1. In the circumstances of no opposition to the application to stay the order of the Magistrate until the completion of the review, of no opposition to bail, and my consideration of the circumstances of the case, in my opinion it is appropriate to grant the application made today.

1. In all the circumstances I consider the proposed conditions of bail to be sufficient to ensure the accused appears before this court on the proposed review date of the extradition order.  I therefore order that the applicant will be remanded on bail with one surety of $20,000 on the terms set out in the proposed consent orders, namely:

(a)        He attend the Supreme Court of Victoria in Melbourne on Wednesday 4 August 2021 at 10am and then surrender himself, and must not depart without leave of the Court and, if leave is given, return at the time specified by the Court and again surrender himself into custody;

(b)       He reside at 7 Dartmoor Court, Meadow Heights, Victoria and inform the Commonwealth Director of Public Prosecutions (‘CDPP’) within 24 hours of any change of residential address;

(c)        He report each Monday to the Office in Charge of the Broadmeadows Police Station, or his or her nominee, between the hours of 8am and 8pm, or to such other police station to which the CDPP has agreed in writing; 

(d)       He surrender any current passport to the Supreme Court of Victoria and not apply for any other passport; 

(e)        He not attend any points of international departure; and

(f)        He not leave Australia.