Underworld figure Tony Mokbel has accused the Australian government of knowingly violating international law when it extradited him from Greece four years ago. Mokbel’s lawyer, defence lawyer Debbie Mortimer, SC ,argued the Australian Government ignored its obligations under international law and the jurisdiction of the European Court of Human Rights.
She argued Australian and Greek officials had unlawfully rushed through Mokbel’s extradition following his arrest after 15 months on the run in 2008, despite knowing he was taking steps to present his case to the European court. Ms Mortimer said the two governments had an obligation to allow Mokbel time to present his case to the human rights court, even though it might have taken years to reach a conclusion.
Mokbel, 47, is now seeking to appeal his conviction and 30-year jail sentence on the basis he can never get a fair trial and seeks a permanent stay on any retrial. An email from the Attorney-General’s department to the Australian Federal Police has been submitted as an example of Mokbel’s efforts to put his case to the human rights court being “consciously frustrated” by Australian officials.
The May 2008 email states: “It would be advisable to arrange [with Greek authorities] for surrender as soon as possible and if possible prior to Greece’s notification of the application by the ECHR.” It has been submitted by his lawyers that the email “can be read in no other way than as an exhortation to the AFP to arrange for the applicant’s return quickly, before he could obtain interim measures, and in any event in order to avoid the delay which might result from the ECHR determining the merits of his application”.
Mokbel’s defence lawyers have also submitted that he had planned to argue to the human rights court that he would have been forced to endure “inhumane or degrading treatment and punishment” upon being extradited to Australia and placed in the high-security Acacia Unit at Barwon Prison. He intended to submit that his life would have also been placed in danger.
The prosecution has submitted that Mokbel’s appeal must fail as he had not established that an earlier Supreme Court which found the extradition was lawful, was unreasonable. The appeal hearing continues. Source: The Age, ABC
