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Re: FEDERAL REPUBLIC OF GERMANY
And: JENS INGO SCHLIESKE and KEVIN SYDNEY ANDERSON
No. G421 of 1986
Extradition
COURT
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Sweeney J.
CWDS
Extradition - application for review of Magistrates decision - whether
applicant required to produce evidence to Magistrate or to Attorney-General
only - whether Magistrate required to be satisfied that evidence has been
produced to Attorney-General - whether notice by Attorney-General must accord
strictly with wording of warrant by applicant.
Extradition (Foreign States) Act 1966 ss.15, 16, 17, 17A
Extradition (Federal Republic of Germany) Regulations Reg.4
HRNG
SYDNEY
#DATE 24:10:1986
Counsel for the applicant Mr D. Grieve Q.C. and Mr D.R. Russell
Solicitors for the applicant Director of Public Prosecutions
Counsel for the first respondent Mr R.W. White
Solicitors for the first respondent W.P. O'Brien
Counsel for the second respondent Mr J. Middleton
Solicitor for the second respondent Crown Solicitor
ORDER
The decision of the second respondent made on 26 September 1986 that the
first respondent be released be quashed.
The first respondent be committed to prison in the custody of the Keeper of
the Prison at Malabar in the State of New South Wales to await the warrant of
the Attorney-General of the Commonwealth of Australia for the surrender of the
first respondent to the applicant.
Note: Settlement and entry of orders is dealt with by Order
36 of the Federal Court Rules.
JUDGE1
1. On 6 February 1985 a warrant for the arrest of Jens Ingo
Schlieske ("the first respondent") was issued by the
Federal Republic of Germany ("the applicant") alleging
that he had committed a number of narcotics related
offences.
2. A warrant for the apprehension of the first respondent
under s.16 of the Extradition (Foreign States) Act 1966
("the Act") was issued by in Sydney Mr K.R. Webb, a
Magistrate, on 28 July 1986.
3. On 12 August 1986 the first respondent was apprehended
in Sydney pursuant to that warrant.
4. On 22 September, 1986 a notice under s.15(1)(b), of the
Act, was executed by the Attorney-General of the
Commonwealth, informing any Magistrate before whom the
first respondent was brought that a requisition had been
made to the Attorney-General by the applicant for the
surrender to it of the first applicant.
5. The first respondent appeared at the St James Local
Court, Sydney before Mr, K.R. Webb on 13, 19 and 29
August 1986 and on 3, 15, 22 and 24 September 1986. On
each occasion, except 24 September, the first respondent
was remanded to the subsequent date. On each occasion
bail was not applied for and was refused.
6. On 24 September the matter was transferred to the
Central Court, Liverpool Street, Sydney where the
hearing of the requisition by the applicant for the
surrender of the first respondent commenced before Mr
K.S. Anderson ("the second respondent"). The matter was
adjourned, part-heard, to the said Central Court on 26
September, 1986.
7. At the conclusion of the hearing on that day, the second
respondent found that he was not satisfied, in the terms
of s.17(6)(b) of the Act, that the first respondent was
liable to be surrendered to the applicant and ordered
that the first respondent be released forthwith in
accordance with the provisions of s.17(6).
8. An application for a stay of that order was made by the
solicitor for the applicant. The second respondent held
that he had no power to grant such a stay.
9. On 30 September 1986 the present application to this
Court was brought pursuant to the Act, in which the
applicant sought the following orders:-
(a) An order reviewing the decision of the second
respondent made on 26 September, 1986 that the
first respondent be released pursuant to the
provisions of s.17(6) of the Act; and
(b) An order under s.17(6) of the Act that the first
respondent be committed to prison to await the
warrant of the Attorney-General for his surrender
to the applicant.
10. On 2 October 1986 Mr K.R. Webb, issued a further warrant
for the apprehension of the first respondent.
11. The matter came before this Court on 2 October 1986 and
on 3 October 1986 Sheppard J. made an order in the
following terms -
(a) The first respondent be kept in custody by the
Keeper of the Prison at Malabar in the State of New
South Wales and remain in custody until further
order.
(b) On 13 October 1986 the first respondent be released
to the custody of an officer of the Australian
Federal Police and be bought forthwith in custody
to this Court.
(c) The hearing of the application be fixed for 13
October 1986 at 10.15 a.m.
2. When the hearing commenced on 13 October, the solicitor for the second
respondent stated that his client would submit to any order to be made by the
Court, but wished to be heard in due course on the question of costs. He
later stated that he made no application for costs.
3. The English translation of the warrant issued by the applicant is as
follows -
"The defendant
Jens Ingo Schlieske,
born on June 28th, 1960, in Frankfurt am Main,
German national, present whereabouts unknown,
shall be remanded to confinement before trial.
Defendant is urgently suspect to have,
during the years of 1983 and 1984,
at Frankfurt am Main, and other places, domestically and
abroad,
by means of six (6) seperate (sic) offences,
acting commercially,
a) wrongfully obtained, possessed and trafficked
narcotic drugs, in not negligible quantity, without
the permit required by Section 3 Narcotics Control
Law;
b) in conjunction therewith,
unlawfully imported narcotic drugs, in not
neglibible quantity, without permit under Section 3
Narcotics Control Law;
c) in conjunction therewith,
unlawfully established an organization, purposes
and activities whereof were designated for the
commission of criminal offences, or wrongfully
participated as a member in such organization.
1. During the first half of 1983, in three (3) cases,
defendant S c h l i e s k e smuggled large
quantities of hashish from Spain into the Federal
Republic of Germany.
a) On the first trip, jointly with unidentified
accomplices, S c h l i e s k e carried ten
(10) kilogrammes of hashish.
b) On the second trip, jointly with unidentified
accomplices S c h l i e s k e imported fifteen
(15) kilogrammes of hashish,
c) and on the third journey twentyfive (25)
kilogrammes of hashish, into the Federal
Republic of Germany.
Of said cannabis resin S c h l i e s k e sold seven (7)
kilogrammes to witness RUB. Moreover, he imposerted for
witness RUB two point one (2.1) kilogrammes of hashish
into the Federal Republic of Germany.
Evidence: Witnesses RUN and STANZEL,
and investigations by Criminal Investigation
Division.
2. From late 1984 through January 1984, in four (4)
instances, the defendant S c h l i e s k e
individually sold to witness MANGOLD twohundred
(200) grammes of hashish.
Evidence: Witness MANGOLD,
and investigations by Criminal
Investigation Division.
3. The initial shipment of hashish occurred about late
July/early August 1983. While the separately
prosecuted BENDER had financed said shipment with
circa 70,000.00 Deutsch Mark, ENGLERT and BERTHOLD
drove two (2) OPEL GT to Spain, where already
sojourned defendant S c h l i e s k e and the
separately prosecuted Mrs. BERTHOLD. Into one of
said two vehicles, namely the white Opel GT,
license number FB-N 93, S c h l i e s k e installed
circa onehundred (100) kilogrammes of hashish.
This vehicle was subsequently drive back to
Frankfurt am Main by JENSEN. On the return trip he
was escorted by ENGLERT driving the second
silver-grey Opel GT, license number F-JJ 101, and
by Mrs BERTHOLD, who operated one of S c h l i e s-
k e ' s Mercedes cars, with same as a passenger.
4. In September 1983, Mrs. BERTHOLD and Mrs. WOSKOWSKI
drove to Marbella, together with S c h l i e s k e
and the separtely prosecuted Klaus HESS. By way of
vehicles for said trip were utilized a white Opel
GT bearing white stripes, license number F-WT 793,
and a red VW Golf. In Spain, S c h l i e s k e
concealed an unknown quantity of hashish inside the
red Golf, which was then driven, as pre-arranged,
by Mrs. BERTHOLD and Mrs. WOSKOWSKI across the
Spanish - French border. Shortly before the
French-German border, S c h l i e s k e and HESS
stowed the hashish into two knapsacks, carrying on
foot across the "green" border, and storing it for
one day in the flat, jointly tenented by Mrs.
BERTHOLD and Mrs. WOSKOWSKI and S c h l i e s k e.
5. The third shipment of hashish occurred during
Octobre/Novembre 1983. About onehundred (100)
kilogrammes of hashish were installed into the
white Opel GT bearing red strips, by S c h l i e s-
k e and the separately prosecuted ENGLERT. Said
vehicle had been left behind, during the second
trip to Spain. Already prior to this second trip.
S c h l i e s k e had registered it in the name of
separately prosecuted Mrs. WOSKOWSKI, with her
consent and her knowledge of S c h l i e s k e ' s
schemes. Upon installation of the hashish, Mrs.
BERTHOLD and Mrs. WOSKOWSKI drove the Opel GT first
across the Spanish-French border, then also across
the Franco-German border, into Frankfurt am Main.
From there the vehicle was taken to Limburg by S c-
h l i e s k e and ENGLERT, who had escorted the
shipment in other vehicles, and the hashish was
carried in three (3) knapsacks into the house of
Robert BENDER, i.e., to the attic.
6. In early June 1984, in order to prepare the fourth
shipment of hashish, BENDER and defendant S c h l-
i e s k e travelled to Spain. After their return,
S ch l i e s k e established contact to JENSEN and
VOLLMERHAUS, as well as, the seperately prosecuted
HESS, who all pledged their participation in the
transport of hashish. While BENDER assured for the
performance of the hashish shipment S c h l i e s -
k e of a loan of circa 60,000.00 Deutch Mark,
JENSEN made available for the intended transport
Opel GT, license number F-WT 793, registered in his
name since April 18th, 1984. Jointly with S c h l-
i e s k e and HESS, VOLLMERHAUS the travelled to
Spain, where onehundred fiftythree point five
(153.5) kilogrammes of hashish were installed in
the Open GT.
With the promissed funds of 60,000.00 Deutsch Mark
and a spare part for the Opel GT BENDER equally
arrived in Spain, After repair of the Opel GT,
VOLLMERHAUS drove said vehicle via France into the
Federal Republic of Germany, where he was stopped
at border crossing station Neuenburg, and the
hashish was partly seized from the rear hollow
spaces of said vehicle.
Defendant joined with aforesaid individuals, in
order to purchase large quantities of hashish in
Spain, at available opportunities, smuggle same
into the Federal Republic of Germany in rigged
vehicles, selling it at a profit in Germany, in
order to finance a lucrative way of life from the
proceeds.
Evidence for 3. through 6.:
Statements by co-defendants WOSKOWSKI, BERTHOLD and
VOLLMERHAUS, investigations by Criminal
Investigation Division, and the seized hashish.
Felonies and Crimes, punishable under:-
Sections 1 Paragraph 1, 3 Paragraph 1 Number 1, 29
Paragraph 1 Number 3 Paragraph 3 Numbers 1 and 4, 30
Paragraph 1 Numbre 1 and 30 Paragraph 1 Number 4
Narcotics Control Law; Sections 53, 129 Criminal Code.
Said offences are punishable under the following
provisions of German criminal law:-
Section 1 Paragraph 1 Narcotics Control Law:
(1) Narcotic drugs within the meaning of this law shall
be the substances and preparations enumerated
in Addendums I to III.
Section 3 Paragraph 1 Narcotics Control Law:
(1) A permit by Federal Board of Health shall require,
whosoever desires to:-
1. grow, manufacture, traffic therewith, import,
export, dispose of, sell, otherwise place into
circulation, acquire, without trafficking
same, or
2. produce excepted preparations (Section 2