Transcript

The Hon Bob Debus
Minister for Home Affairs

Doorstop - Parliament House

26 June 2008

BOB DEBUS: 

Well look, the Australian Government of course welcomes the decision by Dr Patel not to further contest the extradition proceedings against him. Whether he is released to return to Australia will now depend upon a final decision in the United States District Court in Oregon, and a decision also by the United States Secretary of State. But we are very grateful indeed for the cooperation of the American authorities, and I congratulate the Australian officials who have worked on this matter for such a long time. That is to say, Offices of the Queensland Director of Public Prosecutions, and the Federal Attorney-General's Department.

QUESTION:

Is it possible to speculate on just when [indistinct] he might be back in Australia?

BOB DEBUS:

It's not really possible to speculate about his return. It's not r... of course, it's not possible for me right not to speculate about the date of his return or, indeed, to comment particularly on the matter. The courts have got to do their work. And we have to do all we can to insure that there is a fair trial of Dr Patel is indeed finally extradited.

But we can say that an important moment has been reached in this long-running saga, and we feel very happy with the work done by our own officials, and very grateful for the work done by the relevant American officials and courts.

QUESTION:

The former Premier, Peter Beattie, said that this type of deal where [indistinct] go back and forwards was a bad one, and ultimately led to resignation of the then AG. Do you think this is a good enough [indistinct]?

BOB DEBUS:

Well, we can expect no more for the present than we, one way or other, achieve Dr Patel's return, and then his consequent trial, which of course must be a fair one, which is in turn why I am rather limited in what I can say to you today.

QUESTION:

Do you think he can get a fair trial, [indistinct]?

BOB DEBUS:

Oh yes. I believe that the Australian court systems, including the Queensland court system, have a very robust capacity to give a fair trial to somebody who's been charged, even if there has been considerable discussion of the facts of the matter in the media.

The Australian court system is very good at doing that.

QUESTION:

Is the signature of Condoleeza Rice a matter of course?

BOB DEBUS:

I don't believe the signature of the Secretary of State is a matter of course. But we shall wait to see exactly how quickly the decision can be made in that office.

QUESTION:

Well, will the Australian Government be making representation to her to have that they've signed off on?

BOB DEBUS:

The Australian Government will continue to pursue all avenues possible.

QUESTION:

So what is the process then?

BOB DEBUS:

The process is that there has to be a decision by the United States District Court in Oregon, and if that decision is one that supports the extradition of Dr Patel, then in turn, the Secretary of State must sign off the arrangement.

This is normal. This is the kind of thing that happens, also, when we in Australia agree to the extradition of somebody to another country.

QUESTION:

The victims are likely to argue its not fair for him to come backwards and forwards, that he should remain in the country and stay there [indistinct].

BOB DEBUS:

Well, the conditions upon which he returns will be a matter to be determined by the authorities in the United States. But the idea of Dr Patel having bail before he returns is of itself something that - you know, we'll have to see what the courts decide.

QUESTION:

There was a [indistinct] representatives, or rather a report on a treaty which suggested that Australian officials should not cooperate with international bodies where an Australian faces the possibility of the death penalty. Is that something that the Government's willing to consider in light of the Bali Nine, and other overseas arrests [indistinct]?

BOB DEBUS:

There are standing arrangements concerning mutual assistance between police forces around the world, and the AFP joins in many of them. It is our existing policy that our authorities should not give direct assistance in a case, in another country, that is being - that if it was successfully prosecuted, would lead to a death penalty. That is already our existing policy.

QUESTION:

So how do you explain the Bali Nine [indistinct]?

BOB DEBUS:

That would take, I think, another long interview. It's not - the Bali Nine situation is not directly affected by that principal that I just mentioned.

QUESTION:

The then DPP basically put on the table, it's been offered now by the US. And Peter Beattie overruled it. Should he have just done it back then? We could have saved a whole lot of time. Did he make a mistake for not doing this?

BOB DEBUS:

Look, I've just got no comment on events that occurred that long ago.

I've been familiar with the more recent attempts by both the Queensland DPP and the Australian Commonwealth Attorney-General's Department to bring this matter to a conclusion, and they've done for the present as much as they can in that respect.

QUESTION:

And the Australian Government would be happy for him to go backwards and forward?

BOB DEBUS:

This is not a matter that I am able at the present time to comment on for the reasons that I've previously given.

QUESTION:

Just putting it slightly differently, would you be fairly confident that if he faces a court in Australia and if he is found guilty in some way, that he would remain here to face penalties and [indistinct]?

BOB DEBUS:

Yes.

QUESTION:

What's the timing? When do you expect?

BOB DEBUS:

Well I can't comment precisely on the timing. That, of course, will be clearer after the decisions that I've mentioned are taken. And the first of those decisions is likely to be taken tomorrow. And the second, involving the American Government hopefully not very much long thereafter. But I can't comment until those decisions are made.

QUESTION:

Obviously he'll get his passport back. How confident are you that he won't [indistinct]?

BOB DEBUS:

My answer to that question is the same as I've made to a number of others. It's obviously not appropriate for me to make those kind of comments right at this moment.

QUESTION:

Did you know he was going to come up with this today?

BOB DEBUS:

I'm sorry.

QUESTION:

Did you know that he was going to put forward a plan today?

BOB DEBUS:

I didn't know this kind of detail until very recently. But you wouldn't expect that I would have.

QUESTION:

Who alerted you then?

BOB DEBUS:

The Attorney-General's Department of the Commonwealth of Australia.

So thank you.