Case: Vasiljkovic v The Commonwealth of Australia (2006) 227 CLR 614
Outcome: followed
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. 13 On 8 December 2005 The Australian newspaper published an article which alleged that Mr Snedden was a war criminal and on 12 December 2005 the County Court in Sibenik began investigating such claims. Mr Snedden believes that there was an association between the newspaper article, the investigation and his confinement such that but for the allegedly defamatory statements in the The Australian such investigation would not have occurred. On 11 November 2005 Mr Snedden instituted defamation proceedings against Nationwide News Pty Limited, the publisher of The Australian , in the Supreme Court of New South Wales. On 18 July 2007 a jury determined that the article was defamatory of him. Those proceedings remain current and the hearing for damages is pending. On 14 September 2007 Nationwide News Pty Limited filed its defence to the claim and has pleaded that the facts in the article was true. 14 Mr Snedden denies that he is guilty of any of the charges which led to the request for his extradition to Croatia. 15 Steven Platter, a video documentary producer currently residing in the United States was a close colleague of Mr Snedden during four years of war in the former Yugoslavia. Mr Platter provided a character reference for Mr Snedden in which he states that he was deeply impressed by Mr Snedden's professionalism as a soldier, and praised Mr Snedden's dedication to his charity foundation. Although Mr Platter's statement was unsworn the Court accepted its contents on the undertaking of Mr Snedden's counsel that a verified statement will be provided. Richard Schneider, an Austrian journalist, also provided a statement which the Court accepted on the same basis. Mr Schneider met Mr Snedden for the purpose of an interview in July 1991 and was later employed by Mr Snedden as a driver at a training centre for troops in the city of Benkovac. Mr Schneider categorically states that Mr Snedden did not commit the crimes during 1991 1993 for which he is charged and that such allegations are false, politically motivated and without factual foundation. 39 Incarceration without substantive judicial order is a consequence of Australia's extradition procedures. In Vasiljkovic 227 CLR 614 Gummow and Hayne JJ observed that the involuntary detention of a person forms part of the process under Part II of the Act. However, it is not the function of the Australian judicial process to determine the guilt or innocence of that person in relation to the offences with which that person is charged: see Vasiljkovic 227 CLR at [105]. 40 The Court is not satisfied that there are special circumstances justifying the grant of bail and it follows that the application for bail is dismissed. I certify that the preceding forty (40) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Cowdroy. Associate: Dated: 12 December 2007 Counsel for the Applicant: C.A Evatt, R. Rasmussen Solicitor for the Applicant: Dennis &amp; Company Solicitors Counsel for the Respondent: J. Renwick, H. Younan Solicitor for the Respondent: Commonwealth Director of Public Prosecutions Date of Hearing: 22, 23 November 2007 Date of Judgment: 12 December 2007 AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.austlii.edu.au/au/cases/cth/FCA/2007/1902.html