United Mexican States v Cabal

The High Court of Australia considered an application by the United Mexican States for leave to appeal against orders made by Kirby J concerning bail for Mr Cabal, who was subject to extradition proceedings. The dispute centred on whether Mr Cabal should be granted bail pending the determination of his extradition to Mexico, with the United Mexican States arguing against it.

The legal issues before the High Court included whether the Court possessed the power to grant bail in extradition cases, either under the *Extradition Act 1988* (Cth) or the Constitution, and what constituted "special circumstances" justifying the grant of bail in such proceedings. The Court also had to consider the weight to be given to the risk of flight and the rationale for refusing bail in extradition matters, particularly in light of Australia's international treaty obligations.

The Court reasoned that while the existence of special circumstances is a prerequisite for granting bail in extradition cases, the risk of flight is a highly relevant factor in the exercise of discretion. It held that granting bail where there is a real risk of flight could only be justified in extraordinary circumstances, as it could jeopardise Australia's international relationships and standing. The Court emphasised the significant interest Australia has in surrendering individuals to countries seeking extradition to fulfil treaty obligations, noting that failure to do so could lead to the breakdown of international cooperation in criminal matters. The Court also highlighted the substantial costs associated with extradition proceedings, which are put at risk if a defendant absconds.

The High Court allowed the appeal, setting aside the orders made by Kirby J that would have granted bail. Instead, the Court ordered that the summons for bail be dismissed.