Stay on Fulcher extradition order

Press, 2 July 1985, Page 8

Stay on Fulcher extradition order

NZPA-AAP Sydney An Australian Supreme Court judge has granted a stay of an extradition order made earlier yesterday against the convicted “Mr Asia” drug ring associate, Peter Fulcher.

The ruling, by Mr Justice Wood, delayed a Sydney magistrate’s earlier order that the 45-year-old New Zealander be handed over to the New Zealand police. The Magistrate’s direction came after Fulcher’s solicitor, Mr Charles Goldberg, withdrew from Glebe Court yesterday morning to secure a Supreme Court injunction to stop the extradition proceedings. Mr Goldberg later said he had obtained a stay, and the matter before Mr Justice Wood was listed for mention this morning.

New Zealand authorities want to question Fulcher about five crimes, including importing and possession of heroin, kidnapping, and armed robbery. Fulcher was released on licence from jail in Sydney on December 6 after serving only four years of an 18year sentence for heroin offences.

His ' extradition was ordered yesterday after only one hour of proceedings at Sydney’s Glebe Coroner’s Court.

The hearing, which was expected to last 14 days, came to an abrupt halt after a long adjournment application by Mr Goldberg was refused.

In his applications, Mr Goldberg told the Court his client would be breaking the “obligations” of his Austra-

lian release if proceedings for his extradition continued. “He is being asked to break his obligation to be in this country, be of good behaviour and not breach any law,” Mr Goldberg said. Fulcher had also been denied his just rights as stated in sections nine and ten of the Racial Discrimination Act, he said. Because of the close relations between New Zealand and Australia, the extradition hearing against his client was receiving “separate and special treatment” and his case was being “hurried.” Another matter which caused problems was the “bias” displayed by the Magistrate’s withdrawal of Fulcher’s bail last week, Mr Goldberg said.