Case: Dragan Vasiljkovic v Minister for Justice and Customs [2006] FCA 1346
Outcome: referred to
The facts surrounding the detention of Mr Snedden have already been dealt with by this Court: see Dragan Vasiljkovic v Minister for Justice and Customs [2006] FCA 1346. For convenience the Court will set out a brief background to the proceedings hereunder. 3 Mr Snedden, also known as Dragan Vasiljkovic, was taken into custody in Sydney on 19 January 2006 pursuant to a warrant issued under s 12(1) of the Act. Section 12(1)(b) empowers a Magistrate to issue a warrant if satisfied that 'the person is an extraditable person in relation to the extradition country' . The Magistrate issued the warrant after Warrant KIO-86/05 was issued in Croatia for the temporary arrest of Mr Snedden in respect of offences alleged to have been committed by him against the Basic Criminal Code of the Republic of Croatia. Those offences are alleged to have been committed during the Serbia-Croatia conflict in the early 1990s, and include involvement in the murder of two persons. 4 On 18 March 2006 the Minister for Justice and Customs ('the Minister') issued a notice pursuant to s 16(1) of the Act informing the magistrate that an extradition request had been received from the Republic of Croatia. 5 Following his arrest on 19 January 2006 Mr Snedden has made three applications for bail to various magistrates. On 25 January 2006 Mr Snedden also instituted proceedings in the High Court of Australia for a writ of habeas corpus, challenging the constitutional validity of both s 15 of the Act and the Extradition (Croatia) Regulations 2004 (Cth) ('the Regulations'). On 15 June 2006 the High Court dismissed the special case: see Vasiljkovic v The Commonwealth of Australia (2006) 227 CLR 614. The remainder of those proceedings were remitted by Gummow J to this Court and became proceedings NSD118/2007. Mr Snedden also commenced proceedings on 7 July 2006 in this Court (NSD1312/2006) seeking an order in the nature of habeas corpus against the Minister and two magistrates and an order that the Minister, the Governor of Parklea Correction Centre and a magistrate be restrained from taking any steps to facilitate Mr Snedden's surrender to Croatia. An interlocutory motion of the Minister to have such proceedings adjourned pending the magistrate's determination of Mr Snedden's eligibility for surrender pursuant to s 19 of the Act was granted on 13 October 2006: see Dragan Vasiljkovic [2006] FCA 1346. Subsequently on 19 November 2007 both NSD1312/2006 and NSD118/2007 were dismissed on 19 November 2007. 29 But for Mr Snedden's October 2006 application to the Court (see Dragan Vasiljkovic [2006] FCA 1346) and his proceedings to review the decision of the magistrate, the extradition would in all probability have been concluded. Accordingly the extradition process is in its final stages. In Cabal 209 CLR at [62], the High Court said: In determining whether bail will be granted, one of the most important factors will be the stage which the proceedings have reached. As the case proceeds through the legal system, the chance of obtaining bail reduces, despite the existence of special circumstances. As the case against the defendant is confirmed at each step in the judicial hierarchy, the public interest in extraditing the defendant weighs more heavily against him or her. 30 The claim that Mr Snedden is being held in detention unlawfully because of the one month period prescribed in the Croatian warrant misconstrues the facts. The Croatian warrant does provide for his detention for no longer than one month. However that provision relates to his detention in Croatia, not in Australia. 31 Mr Snedden has dual citizenship being a citizen of both Serbia and Australia. Until he returned to Australia in 2004 he had been residing for a period of 15 years in Serbia. He has strong political contacts within Serbia and has been involved in Serbia with his charitable foundation as well as the establishment of the first golf course in Serbia. Because of his substantial support in the 1992 elections in Serbia and of his participation in 2000 in the removal of the existing president, it is apparent that Mr Snedden is widely known in that country.