Applicant Charged with Violation of Excise Act Applies for Bail

Re Taleb [2021] VSC 427 (21 July 2021)

The applicant was charged with  unlawful possession of tobacco leaf.  Due to COVID-19 restrictions which impede on extradition, he applied to stay extradition until review of the s 86 of the Service and Execution of Process Act 1982 (Cth).  The Court, in deciding whether or not to grant bail considered the consent of the parties as well as conditions. 

Facts:

The prosecution alleges that in July 2018 the applicant was located at a large property in Katherine at which a crop of tobacco plants were being cultivated.  It is alleged that he was involved in a large-scale operation to grow tobacco plants, for the purpose of later manufacture and sale resulting to a loss of potential revenue in respect of the seizure of tobacco plant and tobacco leaf in the region of $15 million.  The Applicant is not a holder of a producer licence.  On 13 July 2021 the warrant for the applicant’s arrest was executed against the applicant in Melbourne and he was brought before the Melbourne Magistrates’ Court on that day.  The applicant indicated no opposition to the order for extradition, and no application for bail was made.  The Commonwealth Director of Public Prosecutions [‘CDPP’] consented to the applicant’s admission to bail if satisfied of his willingness and ability to answer bail and appear in the Northern Territory.  However, COVID-19 restrictions prevent the applicant from travelling to the Northern Territory. 

The applicant seeks by Originating Motion [‘the OM’], to stay the order of a Victorian Magistrate, made on 13 July 2021 extraditing the applicant to Darwin, in the Northern Territory until the completion of a review of that order pursuant to s.86 of the Service and Execution of Process Act 1982 (Cth) [‘the Act’]. 

Issue:

Whether or not the extradition order should be suspended.

Applicable law:

Service and Execution of Process Act 1982 (Cth) s 86 - provides that the Supreme Court, pending its review of an order for extradition, can stay the execution of the order, and order that the person be remanded on bail or in such custody as the court specifies.

Excise Act 1902 (Cth) s 28(1) - prohibits production of tobacco while not being a holder of a producer licence.

Analysis:

There are proposed conditions of bail which include not leaving Australia, regularly reporting with the police station, and etc which are sufficient to ensure the accused appears before this court on the proposed review date of the extradition order.  Furthermore, both the applicant and the CDPP agree that it is appropriate pending the review to suspend the extradition order and grant the applicant bail, on conditions. 

Conclusion:

The Court ordered that the applicant be remanded on bail with one surety of $20,000 provided he attend the Supreme Court of Victoria in Melbourne on Wednesday 4 August 2021 at 10am, surrender himself, and must not depart without leave of the Court.  If leave is given, return at the time specified by the Court and again surrender himself into custody.  He should inform the CDPP in case of change of residential address, report to the police station each Monday as agreed with the CDPP and surrender the passport to the Supreme Court of Victoria, and that he does not leave Australia.