Bill to extradite Aust, pair before Parliament

Press, 9 July 1976, Page 2

Bill to extradite Aust, pair before Parliament

PA Wellington A bill which will clear the way for two alleged offenders to be extradited to Australia was introduced in Parliament yesterday.

n‘ Introducing the Fugitive Offenders Amendment Bill on behalf of the Minister of * Justice (Mr Thomson) the u Attorney-General (Mr WilkinAson) said that in April two S [other alleged offenders were t [committed to prison under [the Fugitive Offenders Act, [lBBl, to await ther return to [the United Kingdom.

i The pair applied for writs I of habeas corpus and Mr ‘Justice Wilson made an order I discharging them from custody. In written reasons later ! the judge said the act conferred no jurisdiction to i extradite people from New Zealand because New Zealand and the United KingIdom were no longer “parts I of Her Majesty’s Dominions” | in the sense of different territories owing allegiance to tone monarch. I “Normally the Crown ■ would have tested such a ; decision on appeal but for technical reasons that course i was not open. Therefore, ,'since magistrates' courts are bound to follow decisions of (the Supreme Court the situation can be restored only by .‘legislation,” the Minister said. Mr Wilkinson said the bill would provide that every to Her Majesty’s [ Dominions, the phrase that ■ had caused the trouble, was ■to be read as a reference to [ the Commonwealth, and every ■ reference to a British possession was to be read as a .reference to a Commonwealth [country. 1 Another part of the bill arose out of another recent Supreme Court decision ' which made it desirable to clarify the nature of the evidence that had to be produced to a New Zealand court when i_a Commonwealth country

dsought the extradition of an I alleged offender. The bill ’ would provide that for the ■ purpose of obtaining the re- ■ turn to New Zealand from • ■any other Commonwealth ■ country of a person accused ■[of an offence the magistrate , [could. in the absence of that ■ person, take depositions and accept in evidence stateIntents made on oath includ■ilng affidavits. I “The bill is essential if I New Zealand is not to be-1 ‘come a haven for offenders, particularly from Australia.”; [Mr Wilkinson said. "It should be seen for what. | it is, an interim measure to I overcome a judicial decision that strikes at the heart of j (both past and future extradi-l tion proceedings. “It is in no sense a substi- i itute for comprehensive new] I legislation to replace the [lBBl act. This is obviously (desirable and should be done ; within a reasonable time. On J the other, hand it is out of the question to let matters ■[lie until comprehensive legislation can be passed.” ■ I New Zealand was effectively . without legislation [allowing alleged offenders to

be extradited and the purpose of the bill was to amend that situation.

The Opposition spokesman on justice. Dr A. M. Finlay (Henderson), said the Opposition supported the Government’s moves to get the bill I passed as soon as possible but said the bill should specifically exclude political offences.

The Prime Minister (Mr Muldoon) said the bill would be considered by the Statutes Revision Committee next Wednesday and passed through all its stages next Thursday. “We should try and make the law mean what we thought it meant over the years,” he said. After the Government caucus yesterday Mr Muldoon said the bill was urgently needed to clear the way for extradition of two men to Australia. He said one man was wanted on an alleged robbery charge and the other on an alleged murder charge. - The bill was given a first reading and referred to the Statutes Revision Committee.