Case brought against chinese politician in NSW supreme court

Discussion in 'Ethics, Morality, & Justice' started by Asguard, Nov 7, 2008.

  1. Asguard Kiss my dark side Valued Senior Member

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    I don't have a non partisan source for this as yet, however i will say that it WAS reported on ABC News radio however it doesn't appear they have put it on there website yet and neither has anyone else i have tried.

    however i did find this:

    http://www.falunau.org/indexArticle.jsp?itemID=2128

    basically a case has been brought against a member of the chinese ruling party in the NSW supreme court (highest state level court, only apeals from here are to the high court with special leave) by three members of Fang gong for aleged tortures commited in china.

    This case faces 2 major barriers,
    1) diplomatic imunity (he is here as a guest of the australian goverment)
    2) does an australian court (and a state court at that) have the juristiction to try cases for crimes which are aleged to have happened in another country

    It does apear that the court hasnt dismissed the case out of hand but rather is proceding at least initally.

    Now unlike the spanish case there is one difference, no state goverment or the federal goverment (as far as i know) can step in if he is ordered to be extrodited from WA to NSW. If the court rules they have the power to try the case and he is still in the country then he will be arested. However the state AG CAN stop the case if they chose as this is a private procution but I have no idea wether this is an unlimited power or ONLY able to be used when the state itself intends to procute
     

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