Significant legal issues in Patel extradition: Expert

WEDNESDAY 12 MARCH 2008

The arrest of Dr Patel in the United States overnight in relation to extradition proceedings commenced by Australia raise a number of significant legal issues, according to ANU Professor of International Law Don Rothwell.

“The first relates to whether Australia has met the technical requirements of the 1974 Treaty on Extradition between Australia and the United States. This will be one of the principal matters that the US courts will review when Patel's hearing commences,” Professor Rothwell said.

“Most importantly, the US courts will need to be convinced of the existence of 'double-criminality' and that the charges laid against Dr Patel by the Queensland DPP are recognised under the Extradition Treaty.

“Reports of up to 16 charges having been brought against Dr Patel ranging from manslaughter to fraud support the view that the Queensland DPP are seeking to have as many charges as is possible brought against Dr Patel in case some fail at the initial hearings. This is significant given the rule of 'speciality' in extradition law which would prohibit Australia from laying new charges against Dr Patel upon his extradition to Australia. Only those charges which have been outlined in the arrest warrant issued under the Extradition Treaty can be brought against Dr Patel in an Australian court.

“Dr Patel may be able to argue that his extradition should be blocked because he may not be subject to a fair trial in Queensland. Given the publicity associated with Dr Patel's case in Queensland there would certainly be grounds for this argument being mounted before the US courts. Comments today by Queensland Premier Anna Bligh on this matter are therefore unhelpful. It is notable that the Queensland DPP has already indicated they will not comment further on this matter.

“It should become clear relatively early on whether Dr Patel will contest his extradition. If he does contest his extradition there is the potential that it could be become bogged down in appeals within the US court system for several years.”

Professor Don Rothwell 02 6125 8948

ANU Media Office 02 6125 6125, media@anu.edu.au